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Last Post 23 Aug 2013 01:42 PM by  mmeltzer
R-13-0017 Petition to Amend Rules 16, 16.1, 26, 37, 38, 38.1, 72, 73, 74 and 77, Ariz. R. Civ. P.
 10 Replies
Author Messages
AZStateBar
Posts:

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10 Jan 2013 02:36 PM
    R-13-0017
    Petition to Amend Rules 16, 16.1, 26, 37, 38, 38.1, 72, 73, 74 and 77, Ariz. R. Civ. P.

    Would alter rules for case management and trial setting systems

    Petitioner:
    John A. Furlong, Bar No. 018356
    General Counsel
    State Bar of Arizona
    4201 N. 24th Street, Suite 100
    Phoenix, Arizona 85016-6266
    602.252.4804
    [email protected]


    Original Petition Filed: January 10, 2013

    Amended Petition Filed: May 3, 2013

    COMMENTS ON AMENDED PETITION (ATTACHMENT 1 BELOW) DUE JUNE 5, 2013.

    ADOPTED as modified, effective April 15, 2014, as to all cases filed on or after that date.

    ORDER amending the applicability provision, filed November 14, 2013.

    Attachment 1: Amended Petition (PDF format)
    Attachment 2: Appendix A to Amended Petition (PDF format)
    Attachment 3: Appendix B to Amended Petition (PDF format)
    Attachment 4: Appendix C to Amended Petition (PDF format)
    Attachment 5: Original Petition (PDF format)
    Attachment 6: ORDER AMENDING APPLICABILITY PROVISION

    Attachments
    civilbench 1
    Posts:

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    27 Mar 2013 03:33 PM
    Commenter:
    Pima County Superior Court
    110 W Congress St
    Tucson, AZ 85701
    520.724.8169
    Fax: 520.724.2347
    [email protected]

    The Pima County Superior Court Opposes the Petition. In short, the proposed rule change
    - Increases costs and fees to Litigants;
    - Will be expensive for this Court to implement and carry out;
    - Diverts valuable judicial resources to unnecessary, and trivial tasks in many instances;
    - The current rule is inexpensive,efficient and functions well in Pima County;
    - The current rule allows for Comprehensive Scheduling Orders in any case without requiring it in all cases.

    The attached Comment goes into greater detail.



    Attachments
    ccornelio23
    Posts:

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    28 Mar 2013 06:04 PM
    Commenter:
    Hon. Carmine Cornelio
    Pima County Superior Court
    110 W. Congress St.
    Tucson, AZ 85701
    Phone: 520-724-8301
    Fax: 520-724-8318
    [email protected]

    I am writing to oppose the current Petition to Amend a variety of Civil Rules having to do with the setting of trials. I have two primary objections to the proposed rule changes:

    1. Pima County’s culture and practice, under the current rules, works well. There is no need for rule changes.
    2. The State Bar’s belief that participation in a settlement conference should be required before a court sets a trial date is an unfounded and erroneous belief.

    Please see the full argument in the attachment documents.
    Attachments
    domanico
    Posts:

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    29 Mar 2013 05:37 PM
    WILLIAM G. MONTGOMERY
    MARICOPA COUNTY ATTORNEY
    (FIRM STATE BAR NO. 00032000)

    MARK C. FAULL
    CHIEF DEPUTY
    301 WEST JEFFERSON STREET, SUITE 800
    PHOENIX, ARIZONA 85003
    TELEPHONE: (602) 506-3800
    (STATE BAR NUMBER 011474)
    [email protected]

    Attachments
    kjones
    Posts:

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    01 Apr 2013 07:05 PM
    Hon. Kenton D. Jones
    Yavapai County Superior Court
    120 S. Cortez
    Prescott, AZ 86303-4747
    [email protected]


    I support the proposed amendment as further addressed within the attachment
    Attachments
    gsakall
    Posts:

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    21 May 2013 05:45 PM

    The Pima County Bar Association
    177 N Church Avenue, Suite 101
    Tucson, AZ 85701
    520.623.8258
    Fax: 520.623.9772
    [email protected]

    Attachments
    ccornelio
    Posts:

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    24 May 2013 04:09 PM
    Commenter:
    Hon. Carmine Cornelio
    Pima County Superior Court
    110 W. Congress St.
    Tucson, AZ 85701
    Phone: 520-724-8301
    Fax: 520-724-8318
    [email protected]

    I write to supplement my original comments and to address the Response of the State Bar to those comments. The State Bar has adjusted the language and amended its Petition. The Petition and Amended Petition are not well founded. The Bar has also suggested a Committee. This is because there is (apparently) a clear division among the State Bar’s own members as to the merits of the Petition. I write to put on record my position, and to object to the need and formation of a Committee.
    Attachments
    civilbench 1
    Posts:

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    31 May 2013 12:09 PM
    Commenter:
    Pima County Superior Court
    110 W. Congress St.
    Tucson, AZ 85701
    520.724.8169
    Fax: 520.724.2347
    [email protected]

    The Pima County Superior Court has reviewed the Amended Petition and Response to Comments on the Petition to Amend Arizona Rules of Civil Procedure, regarding trial setting, and remains opposed to the amended proposed rule change. The few and minor amendments to the proposed rule change do not address the core objections the Pima County Superior Court has with respect to the proposed rule change.

    Please see attached:
    Attachments
    05 Jun 2013 04:59 PM
    Tucson Defense Bar
    3861 E. Third Street
    Tucson, AZ 85716
    Andrew Petersen SB#016699
    Attorney for Tucson Defense Bar
    [email protected]

    Objection to Amended Petition by the Tucson Defense Bar.
    Attachments
    mmeltzer
    Posts:

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    08 Aug 2013 04:28 PM
    Name: Marcus Reinkensmeyer, on behalf of the Task Force on R-13-0017
    Mailing Address: 1501 West Washington Street, #410, Phoenix AZ 85007 Phone Number: (602) 452-3358
    FAX Number (602) 452-3480
    E-mail Address: [email protected]/[email protected]

    This comment is submitted by the Task Force on R-13-0017. Attached are a Report from the Task Force and its proposed amendments.
    Attachments
    mmeltzer
    Posts:

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    23 Aug 2013 01:42 PM
    Marcus Reinkensmeyer, on behalf of the Task Force on R-13-0017
    1501 West Washington Street, #410
    Phoenix AZ 85007
    Phone: (602) 452-3358
    Fax: (602) 452-3480
    [email protected]/[email protected]

    These forms are a supplement to the Task Force Report and Proposed Amendments filed on August 8, 2013, and pertain to Task Force Recommendation #4 and the Rule 84 forms described in proposed Rule 16(b)(3).

    Attachments


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