Rule 102. Certificates; Forms

(a) FASTAR Certificate. At the time of filing any civil complaint requesting only money damages not exceeding $50,000 for any claimant, the plaintiff must file a separate FASTAR certificate. The FASTAR certificate must state whether the action meets the four FASTAR eligibility criteria listed in Rule 101(b). The plaintiff must serve the FASTAR certificate on each defendant with the summons and complaint. (b) Controverting Certificate. Any defendant who disagrees with the plaintiff's FASTAR certificate must file a controverting certificate that specifies the reason for disagreement. The defendant must file the controverting certificate with the answer or with a Rule 12 motion, whichever is filed first. If the defendant files a controverting certificate, the matter must be referred to the assigned judge for a determination of whether the case is eligible for the FASTAR program. (c) Forms. Forms for the “FASTAR Certificate” (Rule 102(a)), a controverting certificate (Rule 102(b)), and the “Choice Certificate” (Rule 103(b)) are available on the superior court website of each county participating in the program. (d) Exceptions. If extraordinary case characteristics indicate that an otherwise eligible case is not suitable for FASTAR, a party for good cause shown may request the court to exclude the case from the FASTAR program and allow it to proceed under the civil rules applicable to non-FASTAR cases. Extraordinary case characteristics include cases where a plaintiff is unable to serve a defendant within the time provided by Rule 104 despite diligent efforts to serve the defendant. If a case is excluded under this subsection, Tier 1 discovery limits of Rule 26.2(f)(1), Rules of Civil Procedure, apply unless otherwise ordered.