Rule 39 Costs and Attorney Fees
Part VIII. Contested Protective Order Hearings
Rule Text
(a) Award. After a hearing with notice to the affected party, a judicial officer may order any party to pay the costs of the action, including reasonable attorneys' fees, if any. See A.R.S. §§ 13-3602(T), 12-1809(P), and 12-1810(P).
(b) Considerations. In determining whether to award costs or attorney fees, the judicial officer may consider:
(1) the merits of the claim or the defense asserted by the unsuccessful party;
(2) whether the award will pose an extreme hardship on the unsuccessful party; and
(3) whether the award may deter others from making valid claims.
Amendment history: Formerly Rule 2 in part, added Sept. 5, 2007, effective Jan. 1, 2008. Amended Sept. 16, 2008, effective Sept. 26, 2008. Adopted on a permanent basis effective Sept. 3, 2009. Renumbered Rule 39 and amended Aug. 27, 2015, effective Jan. 1, 2016. Amended on an emergency basis Aug. 25, 2021, effective Sept. 29, 2021, adopted on a permanent basis effective Jan. 1, 2022.