REFERENCE TITLE: probable cause hearing; pandemic liability





State of Arizona

House of Representatives

Fifty-fifth Legislature

First Regular Session





HB 2549


Introduced by

Representative Kavanagh





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 cause 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 cause 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 cause 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 cause 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 the cause of the injury.

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