Ariz. Rev. Stat. » Title 14
Arizona Revised Statutes

Ariz. Rev. Stat. § 14-1306 (2026)

Jury trial

✓ current as of May 2026
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14-1306. Jury trial

A. If duly demanded, a party is entitled to trial by jury in any proceeding in which any controverted question of fact arises as to which any party has a constitutional right to trial by jury.

B. If there is no right to trial by jury under subsection A of this section or the right is waived, the court in its discretion may call a jury to decide any issue of fact, in which case the verdict is advisory only.

Notes of Decisions
Cited in 5 cases (2 in the last 5 years), 1977–2026 · leading case: In Re Est. of Newman, 196 P.3d 863 (Ariz. Ct. App. 2008).
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In Re Est. of Newman, 196 P.3d 863 (Ariz. Ct. App. 2008). · cites it 3× “A.R.S. § 14-1306. To summarize, there is no mandatory right to a jury trial in probate proceedings unless one is constitutionally required.”
Marvin Johnson, PC v. Myers, 907 P.2d 67 (Ariz. 1995). · cites it 2× “A.R.S. § 14-1306. Section 14-3105, in effect at the time of the proceedings below, provided that, in addition to the power to hear and determine probate proceedings, the court had jurisdiction “of any other action or proceeding .”
Gonzalez v. Superior Court, Etc., 570 P.2d 1077 (Ariz. 1977). · cites it 2× “§ 14-1304); and that the right to jury trial is preserved (A.R.S. § 14-1306). Thus the trial court was incorrect in holding that it did not have jurisdiction of the claim by Betty Gonzalez, but this does not mean that a quiet title action, even though it involves an estate, may…”
Redkey v. Mccollum (Ariz. Ct. App. 2026). · cites it 6× “¶22 Finally, Redkey argues A.R.S. § 14-1306(A) and Article 2, Section 23 of the Arizona Constitution give him the right to a jury trial on his petition to terminate the conservatorship.”
Moore v. Yehling (D. Ariz. 2025). · cites it 2× “at 272 ¶ 44; A.R.S. § 14-1306(B). 24 Arizona courts have also squarely rejected due process challenges based on the 25 absence of a jury in conservatorship or probate matters.”
— Ariz. Rev. Stat. § 14-1306(A) — 1 case
Redkey v. Mccollum (Ariz. Ct. App. 2026). “¶22 Finally, Redkey argues A.R.S. § 14-1306(A) and Article 2, Section 23 of the Arizona Constitution give him the right to a jury trial on his petition to terminate the conservatorship.”
— Ariz. Rev. Stat. § 14-1306(B) — 2 cases
In Re Est. of Newman, 196 P.3d 863 (Ariz. Ct. App. 2008). “A.R.S. § 14-1306. To summarize, there is no mandatory right to a jury trial in probate proceedings unless one is constitutionally required.”
Moore v. Yehling (D. Ariz. 2025). “at 272 ¶ 44; A.R.S. § 14-1306(B). 24 Arizona courts have also squarely rejected due process challenges based on the 25 absence of a jury in conservatorship or probate matters.”
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