§ 5.4.3.1 WHAT IS "GROUNDLESS"

• Jurisdiction: Arizona

§ 5.4.3.1 What Is "Groundless"

Under A.R.S. § 12-349, whether a claim or defense is groundless is measured by an objective standard, without regard to the subjective belief of an attorney or party. Rogone v. Correia, 236 Ariz. 43, 50, ¶ 22, 335 P.3d 1122, 1129 (App. 2014); Gilbert v. Board of Med. Exam'rs,155 Ariz. 169, 180, 745 P.2d 617, 628 (App. 1987). "Groundless" is considered synonymous with "frivolous," meaning that a claim is groundless "if the proponent can present no rational argument based upon the evidence or law in support of that claim." Rogone, 236 Ariz. at 50, 335 P.3d at 1129 (quoting Evergreen W., Inc. v. Boyd, 167 Ariz. 614, 621, 810 P.2d 612, 619 (App. 1991)). The reference to support in the "evidence"...