Committee on Superior Court
Honorable James A. Soto, Chair
Superior Court in Santa Cruz County
P.O. Box 1929
Nogales, Arizona 85628
(520) 375-7730

IN THE ARIZONA SUPREME COURT

In the matter of PETITION TO ) Supreme Court No. R-06-0026
AMEND RULE 5(c)(1), ARIZONA )
RULES OF CIVIL PROCEDURE ) COMMENT OF THE
(NOW RULE 5(c)(2)(D), AND ) COMMITTEE ON
RULE 43(C), ARIZONA RULES OF ) SUPERIOR COURT
FAMILY LAW PROCEDURE )
(NOW RULE 43(C)(2)(d)) )
)

The Committee on Superior Court, through undersigned, files the following comment pursuant to Rule 28, Arizona Rules of the Supreme Court, to Petition R-06-0026, concerning amendments to Rule 5(c)(1), Ariz.R.C.P., and Rule 43(C), Ariz.R.F.L.P., relating to deleting the option of serving a party by leaving documents with the clerk of the Superior Court.

The Committee, in conjunction with petitioner, Arizona Association of Superior Court Clerks, supports the effort to eliminate the procedure for leaving documents with the court clerk for those parties who cannot be served through counsel or because the party’s address is unknown.
Regarding the corrected civil and family law rule numbers cited in the petition, this comment is limited to a statement that the proposed rule changes are not intended to conflict with Rule 7(C), Arizona Rules of Family Law Procedure. Rule 7(C) allows a party to leave documents with the clerk of the court for service upon a party whose address is protected. Protected addresses are fundamentally different from the situation in civil rule 5(c)(2)(D) and family law rule 43(C)(2)(d).

The Committee on Superior Court and petitioner, Arizona Association of Superior Court Clerks, supports the continuing ability to leave documents with the Clerk for service upon a party whose address is known, but protected by court order, while eliminating the ability to leave documents with the Clerk for service upon a party whose address is unknown.

RESPECTULLY SUBMITTED this 11th day of May 2007.

COMMITTEE ON SUPERIOR COURT
Honorable James A. Soto
Committee on Superior Court Chair

Electronically filed with the Clerk
Of the Supreme Court of Arizona
this 11th day of May 2007.

By: Susan R. Pickard