Rule 39. Costs and Attorney Fees

(a) Award. After a hearing with notice to the affected party, a judicial officer may order any party to pay the costs of the action, including reasonable attorneys' fees, if any. See A.R.S. §§ 13-3602(T), 12-1809(P), and 12-1810(P). (b) Considerations. In determining whether to award costs or attorney fees, the judicial officer may consider: (1) the merits of the claim or the defense asserted by the unsuccessful party; (2) whether the award will pose an extreme hardship on the unsuccessful party; and (3) whether the award may deter others from making valid claims.