Rule 38.1.Setting civil actions for trial; postponements; scheduling conflicts; dismissal calendar.

Last amended July 1, 2018 · Last verified July 1, 2026

In one sentenceRule 38.1 governs how trial dates are set and postponed, how scheduling conflicts between courts get resolved, and when an inactive case lands on and falls off the dismissal calendar.

Full Text of Rule 38.1

Text sizeJump to: (a) (b) (c) (d)

(a) Trial setting. Civil actions are set for trial under Rule 16 or 77. Preference is given to short causes and actions that are entitled to priority by statute, rule, or court order. Subject to Rule 65(a)(2), the court must give the parties notice of the trial date no later than 30 days before the first day of trial.

(b) Postponements.

(1) Generally. If a court has set an action for trial on a specified date, it may not postpone the trial unless: (A) good cause exists to do so, supported by affidavit or other evidence; (B) the parties consent; or (C) postponement is required by operation of law. Trial also may be postponed as authorized or required by local rule.

(2) Motion and certification. A party seeking postponement of a trial must file a motion setting forth the basis for the request and any supporting evidence. The party must attach a separate statement certifying that the requested postponement is not being sought solely for the purpose of delay and will serve the interests of justice.

(3) Witness unavailability or absence.

(A) Generally. If the ground for postponement is the witness’s unavailability or absence, the moving party must submit an affidavit stating or showing:

(i) the witness’s name and address—if known;

(ii) the witness’s expected testimony;

(iii) the expected testimony’s materiality;

(iv) the reason for the witness’s unavailability or absence;

(v) the party’s diligence in procuring such testimony and efforts to make the witness available; and

(vi) the testimony cannot be obtained from any other source.

(B) Denial of a motion for postponement. The court may deny a motion for postponement if, among other grounds, it finds that the expected testimony would be inadmissible if presented at trial or if all non-moving parties agree that the movant’s description of the witness’s expected testimony is accurate and would be admissible if presented at trial. If the non-moving parties so agree, the movant’s description of the witness’s expected testimony may be read to the jury at trial in place of the witness’s live testimony. Such testimony may be controverted as if the witness were personally present.

(1) Notice to courts and counsel. Upon learning of a scheduling conflict between a trial in superior court and another trial or hearing in state or federal court, counsel must promptly notify the affected judges and counsel.

(2) Resolving a conflict. Upon being notified of a scheduling conflict, the respective judges should confer with each other and counsel to resolve the conflict. Neither federal nor state court actions have priority in scheduling. A court may consider the following factors in resolving the conflict:

(A) whether the other action is a criminal matter, and, if so, whether postponement of that matter will deprive a defendant of a speedy trial;

(B) each action’s relative length, urgency, or importance;

(D) the actions’ respective filing dates;

(E) which action was first set for trial;

(F) any priority granted by rule or statute; and

(G) any other pertinent factor.

(3) Inter-division conflicts. Conflicts in scheduling between divisions of the same court may be governed by local rule or general order.

(d) Dismissal calendar.

(1) Placing an action on the dismissal calendar. The clerk or court administrator must place a civil action on the Dismissal Calendar if 210 days have passed since the action was commenced, and:

(A) in an action other than an action assigned to arbitration, the parties have not filed a Joint Report and a Proposed Scheduling Order under Rule 16(c); or

(B) in an actions assigned to arbitration, the arbitrator has not filed a notice of decision under Rule 76.

(2) Dismissal. If an action remains on the Dismissal Calendar for 60 days, the court must dismiss it without prejudice and enter an appropriate order regarding any bond or other posted security, unless, before the 60-day period expires:

(A) the parties file a Joint Report and a Proposed Scheduling Order under Rule 16(c);

(B) in an action assigned to arbitration, the arbitrator files a notice of decision under Rule 76; or

(C) the court, on motion showing good cause, orders the action to be continued on the Dismissal Calendar for a specified period of time without being dismissed.

(3) Notification. The clerk or court administrator, whoever is designated by the presiding superior court judge in the county, must promptly notify counsel in writing when an action is placed on the Dismissal Calendar, but they are not required to provide further notice before the court dismisses an action under Rule 38.1 (d)(2).

End

Amendment History

Promulgated by R-16-0010, effective January 1, 2017; amended by R-17-0010, effective July 1, 2018.

Plain-English Summary

Once a case is ready for trial under Rule 16 or 77, the court must give the parties at least 30 days' notice of the trial date. Postponing that date afterward is not automatic: the moving party needs good cause backed by an affidavit or other evidence, the parties' consent, or a postponement required by law, and must certify that the request is not a delay tactic. When the ground for postponement is a missing or unavailable witness, the rule spells out exactly what the supporting affidavit has to cover — who the witness is, what the witness would say, why the testimony matters, why the witness is unavailable, and what the moving party did to try to secure the testimony anyway.

Rule 38.1 also addresses the practical problem of a case landing on two courts' calendars at once. When counsel learns of a scheduling conflict between a superior court trial and a proceeding in another state or federal court, the judges are expected to confer, and the rule lists factors — whether a criminal case is involved, how urgent or lengthy each matter is, which case was set first, and others — to help sort out which trial goes first, since neither state nor federal proceedings automatically outrank the other.

Finally, the dismissal calendar acts as a backstop against cases that stall. If 210 days pass without a Joint Report and Proposed Scheduling Order — or, in an arbitration case, without a notice of decision — the clerk places the action on the Dismissal Calendar, and the court dismisses it without prejudice 60 days later unless the missing filing shows up, the arbitrator files the notice, or the court, for good cause, keeps the case alive on the calendar a while longer.

Frequently Asked Questions

How much notice must the court give of the trial date?

At least 30 days before the first day of trial, subject to the deadlines that apply when a preliminary injunction is also pending under Rule 65(a)(2).

What has to be in an affidavit seeking postponement because a witness is unavailable?

The witness's name and address if known, the expected testimony and why it matters, the reason the witness is unavailable, what the moving party did to try to secure the testimony, and confirmation that the testimony cannot be obtained from another source.

What is the dismissal calendar and how does a case get off it?

A case lands on it after 210 days without a Joint Report and Proposed Scheduling Order, or without an arbitrator's notice of decision in an arbitration case. It comes off if that filing is made, or if the court, on a good-cause showing, orders the case to stay on the calendar a while longer; otherwise the court dismisses it without prejudice after 60 days.

Source & verification. The rule text and History are reproduced verbatim from the official Arizona Rules of Civil Procedure (Ariz. R. Civ. P. 38.1). Prescribed by the Supreme Court of Arizona (Ariz. Const. art. 6, § 5). The plain-English summary is original and written by us. Last verified July 1, 2026. · Official source

Also known as: trial settingdismissal calendarinactive calendar