Rule 4. Applicability of Other Rules

(a) Probate Proceedings. (1) Civil Rules. The Civil Rules apply to probate proceedings unless they are inconsistent with these probate rules or A.R.S. Title 14. For purposes of applying Civil Rule 42.1, “action” has the same meaning as “probate case” under Rule 3 of these rules. (2) Rules of Evidence. (A) Contested Hearings. The Arizona Rules of Evidence apply in contested hearings unless all parties and the court agree those rules will not apply. (B) Uncontested Hearings. The Arizona Rules of Evidence do not apply in uncontested hearings. (C) Admissibility of Evidence When the Arizona Rules of Evidence Do Not Apply. When the Arizona Rules of Evidence do not apply, all relevant evidence is admissible, except the court may exclude any relevant evidence if its probative value is outweighed by a danger of one or more of the following: unfair prejudice, confusing the issues, misleading the jury, undue delay, wasting time, needlessly presenting cumulative evidence, or lack of reliability. (b) Non-Probate Proceedings. In non-probate proceedings, the same procedure and evidence rules apply as if the matter had been litigated as a separate case.