Bill Text: AZ HB2549 | 2021 | Fifty-fifth Legislature 1st Regular | Engrossed

Bill Title: Probable cause hearing; pandemic liability

Spectrum: Partisan Bill (Republican 1-0)

Status: (Engrossed - Dead) 2021-03-09 - Senate read second time [HB2549 Detail]

Download: Arizona-2021-HB2549-Engrossed.html




House Engrossed


probable cause hearing; pandemic liability





State of Arizona

House of Representatives

Fifty-fifth Legislature

First Regular Session











amending title 12, chapter 6, article 12, Arizona Revised Statutes, by adding section 12-721; relating to civil actions.





Be it enacted by the Legislature of the State of Arizona:

Section 1. Title 12, chapter 6, article 12, Arizona Revised Statutes, is amended by adding section 12-721, to read:

START_STATUTE12-721. Probable validity hearing; civil action for damages based on an injury during a public health pandemic

A. Subject to Arizona rules of court, the court shall conduct a probable validity hearing for every civil action that is filed and that claims a party is liable for damages based on contracting an illness that is also the subject of a public health pandemic. The probable validity hearing shall be bifurcated from and take place in a separate phase of the trial from the trial on the merits and shall occur at the earliest time possible.

B. At the probable validity hearing, the plaintiff has the burden of proof to demonstrate that there is sufficient evidence to establish that the injury as alleged in the complaint exists and that the defendant is likely a cause of the injury.

C. On a finding of probable validity, the court may proceed to a trial on the merits. END_STATUTE