a Filing a notice of appeal. Any party who appears and participates in the arbitration proceedings may appeal an arbitrator’s award by filing a notice of appeal with the clerk. The notice of appeal must be entitled “Appeal from Arbitration and Motion for Trial Setting.” It must request that the action be set for trial in the superior court, must state the estimated length of trial, and must state whether there is a right to a jury trial and, if so, whether that right has been waived in whole or part.
Rule 77.Appeal.
Last amended January 1, 2019 · Last verified July 1, 2026
In one sentenceRule 77 lets a party appeal an arbitration award to a full trial de novo, subject to a filing deadline, a refundable deposit, and financial consequences if the appeal doesn't improve the appellant's result by enough.
Full Text of Rule 77
c Deposit on appeal. At the time of filing the notice of appeal, the appellant must deposit with the clerk a sum equal to one hearing day’s compensation of the arbitrator or 10 percent of the amount in controversy, whichever is less. The court may waive the deposit only on a showing that the appellant is financially unable to make such a deposit.
d Appeal de novo. Although the proceeding is denominated as an “appeal,” the parties are entitled to a trial on all issues determined by the arbitrator. The arbitrator’s legal rulings and factual findings are not binding on the court or the parties. If, however, the court finds that further proceedings before the arbitrator are appropriate, it may remand the action to the assigned arbitrator.
e Waiver of right to appeal. At any time before the entry of an award by the arbitrator, the parties may stipulate in writing that the award so entered is binding on the parties. If the parties enter such a stipulation, no party may appeal or collaterally attack the award except as allowed by A.R.S. § 12-1501, et seq.
f Discovery and listing of witnesses and exhibits on appeal.
1 Any discovery conducted while the action was assigned to arbitration may be used on appeal.
2 Simultaneous with the filing of the notice of appeal, the appellant may serve a “List of Witnesses and Exhibits Intended to be Used at Trial” that complies with Rule 26.1.
3 No later than 20 days after the Notice of Appeal is served, the appellee may serve a “List of Witnesses and Exhibits Intended to be Used at Trial” that complies with Rule 26.1.
4 If any party does not serve a timely “List of Witnesses and Exhibits Intended to be Used at Trial,” that party’s trial witnesses and exhibits will be deemed to be those set forth in any such list previously filed in the action or in the prehearing statement submitted under Rule 75(b).
5 The parties have 80 days after the filing of the notice of appeal to complete discovery under Rules 26 through 37.
6 For good cause, the court may extend the time to conduct discovery or to serve a supplemental list of witnesses and exhibits.
g Refund of deposit on appeal. The clerk must refund the deposit on appeal to the appellant if:
1 the judgment on the trial de novo is at least 23 percent more favorable than the monetary relief or other type of relief granted by the arbitration award; or
2 there is no order from the court for the disposition of the deposit on appeal upon the action’s final disposition.
h Forfeiture of deposit on appeal; sanctions on appeal. If the judgment on the trial de novo is not at least 23 percent more favorable than the monetary relief or other type of relief granted by the arbitration award, the court must order that the deposit on appeal be used to pay the following costs and fees:
1 to the county, the compensation actually paid to the arbitrator;
2 to the appellee, those costs taxable in civil actions together with reasonable attorney’s fees as determined by the trial judge for services necessitated by the appeal; and
3 reasonable expert witness fees incurred by the appellee in connection with the appeal. If the deposit is insufficient to pay those costs and fees, the court must order that the appellant pay them, unless the court, on motion, finds that imposing costs and fees would create a substantial economic hardship that is not in the interests of justice.
i Contact by court. A court may contact an arbitrator regarding the arbitration award or other matters relating to the arbitration.
Amendment History
Promulgated by R-16-0010, effective January 1, 2017; amended by R-18-0018, effective January 1, 2019.
Plain-English Summary
A party who appeared and participated in arbitration can appeal the award by filing a notice of appeal titled as an appeal and motion for trial setting, requesting a trial date, estimating the trial's length, and addressing any jury trial right. That notice must be filed within 20 days after the award, or after the notice of decision becomes an award by default, and the appellant must deposit with the clerk either one day's arbitrator compensation or 10 percent of the amount in controversy, whichever is less — waivable only on a showing of financial inability to pay. Despite being called an “appeal,” the proceeding is a genuine trial on all the issues the arbitrator decided, with no deference to the arbitrator's legal or factual conclusions, though the court can remand for further arbitration proceedings if appropriate. Parties can also waive the right to appeal altogether by stipulating in writing, before the award is entered, that it will be binding.
Discovery taken during arbitration carries over to the appeal, and each side can serve a witness and exhibit list within set deadlines after the notice of appeal, with a total of 80 days after the appeal to complete further discovery under the ordinary discovery rules. The appellant gets the deposit back if the trial de novo produces a result at least 23 percent more favorable than the arbitration award, or if no court order addresses the deposit's disposition; if the trial doesn't clear that 23 percent threshold, the court must instead use the deposit to cover the county's arbitrator compensation, the appellee's taxable costs and reasonable attorney's fees for the appeal, and the appellee's reasonable expert witness fees, with the appellant personally on the hook for any shortfall unless imposing those costs would create a substantial economic hardship inconsistent with the interests of justice.
Frequently Asked Questions
How long do I have to appeal an arbitration award?
20 days after the award is filed, or after the notice of decision becomes an award by default, whichever happens first.
Do I have to pay anything just to file the appeal?
Yes, a deposit equal to one day's arbitrator compensation or 10 percent of the amount in controversy, whichever is less, waivable only on a showing of financial inability to pay.
What happens if my trial result isn't better than the arbitration award?
If the trial de novo result isn't at least 23 percent more favorable, the court uses your deposit to pay the arbitrator's compensation and the other side's costs, fees, and expert witness fees, and you're personally liable for any shortfall unless that would create substantial economic hardship.
Is the appeal a fresh trial or just a review of the arbitrator's decision?
A fresh trial. The arbitrator's legal and factual conclusions aren't binding, though the court can remand for further arbitration proceedings if it finds that appropriate.
Source & verification. The rule text and History are reproduced verbatim from the
official Arizona Rules of Civil Procedure (Ariz. R. Civ. P. 77). 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: arbitration appeal ruletrial de novo rule