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Rule 80.General provisions.

Last amended January 1, 2024 · Last verified July 1, 2026

In one sentenceRule 80 covers several general procedural topics: when a disputed agreement between parties or counsel is binding, the ban on attorneys or court officers acting as sureties, unsworn declarations under penalty of perjury, replacing lost court records, and how the clerk distributes minute entries.

Full Text of Rule 80

Text sizeJump to: (a) (b) (c) (d) (e)

(a) Agreement or consent of counsel or parties. If disputed, no agreement or consent between parties or attorneys in any matter is binding, unless:
(1) it is in writing; or
(2) it is made orally in open court and entered in the minutes; or
(3) it is made before a mediator or judicial officer, is memorialized either before a certified reporter or in an audio or video recording, and, in the case of a mediated agreement, the parties state that the terms of the agreement may be disclosed, as necessary, to gain court approval of the agreement or to enforce the agreement.
(b) Attorney or court officer as surety. No attorney or court officer who is involved in an action or other judicial proceeding may be, or act on behalf of, a surety in the action or proceeding.
(c) Unsworn declarations under penalty of perjury. When these rules require or allow a matter to be supported, evidenced, established, or proved by a sworn written declaration, verification, certificate, statement, oath, or affidavit, the same may be unsworn–and have the same force and effect–if it is:
(1) signed by the person as true under penalty of perjury;
(2) dated; and
(3) in substantially the following form: “I declare [or certify, verify or state] under penalty of perjury that the foregoing is true and correct. Executed on [date]. [Signature].” This rule does not apply to a deposition, oath of office, or an oath required to be taken before a specified official other than a notarial officer
(d) Lost or destroyed records.
(1) Motion to substitute. If a court record is lost or destroyed, any party may file a motion to supply the court with an accurate copy of the record. The motion must identify the lost or destroyed record, be accompanied by an accurate copy of the record, and offer proof that the copy is accurate.
(2) Order and further proceedings. If the court finds that the copy is accurate, the court must order the copy substituted for the lost or destroyed record. If the court finds that the copy may not be accurate, it may take further evidence and direct the parties to prepare an accurate copy of the record based on that evidence.
(3) Filing and effect. If the court enters an order substituting a copy for a lost or destroyed record, the moving party must file the copy with the clerk. Upon filing, the copy will constitute a part of the record in the action and will have the force and effect of the original record.
(e) Clerk’s distribution of minute entries and other court records.
(1) Minute entries. The clerk must distribute, either by U.S. mail, electronic mail, or attorney drop box, copies of all minute entries to all parties.
(2) Electronic distribution. The clerk may distribute minute entries, notices and other court-generated documents to a party or a party’s attorney by electronic means. Electronic distribution of a document is complete when the clerk transmits it to the email address that the party or attorney has provided to the clerk.
End

Amendment History

Promulgated by R-16-0010, effective January 1, 2017; amended on an emergency basis by R-22-0033, effective August 29, 2022 and made permanent January 1, 2023; amended by R-22-0047, effective January 1, 2024.

Plain-English Summary

If parties or their lawyers dispute whether they reached an agreement, that agreement binds them only if it's in writing, made orally in open court and entered in the minutes, or reached before a mediator or judicial officer and recorded by a certified reporter or audio/video, with mediated agreements also requiring the parties to allow disclosure as necessary to gain court approval or enforce the deal. Separately, no attorney or court officer involved in a case may act as a surety in that same case, and anywhere these rules call for a sworn declaration, verification, or affidavit, a person can instead sign an unsworn statement under penalty of perjury in the rule's prescribed form, with the same legal effect — except this substitute doesn't apply to depositions or oaths of office.

If a court record is lost or destroyed, a party can move to substitute an accurate copy, supported by proof of its accuracy; if the court is satisfied, it orders the copy substituted, and once filed, the copy carries the same force and effect as the original. Finally, the clerk must distribute copies of all minute entries to every party, whether by mail, email, or attorney drop box, and electronic distribution is complete once the clerk sends the document to the email address the party or attorney has provided.

Frequently Asked Questions

When is a disputed agreement between parties or their lawyers enforceable?

Only if it's in writing, made orally in open court and entered in the minutes, or reached before a mediator or judicial officer and properly recorded.

Can a lawyer in a case also serve as the surety on a bond in that same case?

No. An attorney or court officer involved in an action may not act as a surety in that action or proceeding.

Can I submit an unsworn statement instead of a notarized affidavit?

Yes, in most situations, if it's signed as true under penalty of perjury, dated, and follows the rule's prescribed form — though this substitute doesn't apply to a deposition, an oath of office, or an oath that must be taken before a specified official other than a notarial officer.

What happens if a court record is lost?

A party can move to substitute an accurate copy, and once the court approves and the copy is filed, it has the same force and effect as the original record.

Source & verification. The rule text and History are reproduced verbatim from the official Arizona Rules of Civil Procedure (Ariz. R. Civ. P. 80). 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: general provisions ruledisputed settlement agreement enforceabilityunsworn declaration under penalty of perjurylost or destroyed court recordattorney acting as surety ban