a Motion. If a settlement is entered in an action in which the plaintiff alleges that two or more defendants are joint tortfeasors, any party may file a motion asking the court to make a formal determination whether the settlement is made in good faith. If such a motion is made, the court must make the determination.
Rule 16.2.Good faith settlement hearings.
Last verified July 1, 2026
In one sentenceRule 16.2 lets any party ask the court to formally determine whether a settlement between joint tortfeasors was made in good faith, requires that motion to be supported by evidence, and entitles any party to a hearing on request.
Full Text of Rule 16.2
b Evidence. A motion must be accompanied by affidavits or other evidence relating to whether the settlement is made in good faith. If the motion is filed by one or more of the settling parties, it must be accompanied by an affidavit setting forth the settlement terms and the facts establishing the settlement’s good faith.
d Hearing. On any party’s timely request, the court must hold a hearing on the motion. If no request is made, the court may either hold a hearing or rule without a hearing.
Amendment History
Promulgated by R-16-0010, effective January 1, 2017.
Plain-English Summary
When a settlement is reached in a case where the plaintiff alleges two or more defendants are joint tortfeasors, any party may move for a formal court determination of whether that settlement was made in good faith, and once such a motion is filed, the court must decide the question. The motion needs supporting affidavits or other evidence, and if a settling party files it, that evidence must include an affidavit describing the settlement's terms and the facts supporting its good faith.
Responsive and reply memoranda follow the timing set out in Rule 7.1(a)(3), and any response opposing the motion must likewise be backed by an affidavit or other evidence bearing on good faith. If any party timely asks for one, the court must hold a hearing on the motion; if no one asks, the court can decide the motion with or without a hearing.
Frequently Asked Questions
Who can ask a court to rule on whether a settlement was made in good faith?
Any party to a case in which the plaintiff alleges two or more defendants are joint tortfeasors.
What must accompany a motion for a good-faith settlement determination?
Affidavits or other evidence relating to the settlement's good faith, including, for a settling party's motion, an affidavit describing the settlement terms.
Is a hearing required on a good-faith settlement motion?
Only if a party timely requests one; otherwise the court may rule with or without a hearing.
Source & verification. The rule text and History are reproduced verbatim from the
official Arizona Rules of Civil Procedure (Ariz. R. Civ. P. 16.2). 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: good faith settlement hearingjoint tortfeasor settlement