Michael A.Parham, # 004853
Williams, Zinman & Parham P.C.
7701 East Indian School Road, Suite J
Scottsdale, Arizona 85251
Approximately 650,000 evictions have moved through Arizona justice courts since the RPEA. Now we are expected to amend the Rules to restate the law on time calculations that already applies, ARS § 1-243(a). This results from a single instance where a judge is misquoted on time period calculations for five-day notices.
Disregarding the misquote, that would mean this proposal is based on what happened in .00153846153846% of the evictions filed since January 1, 2009.
Several questions present themselves. First, what does "legal holiday" mean? ARS § 1-301 lists "holidays" and includes Mother's Day, Father's Day, American Family Day, and Constitution Commemoration Day.
The statute also lists Columbus Day that is both a federal and Arizona holiday. Among other things mail delivery does not take place. The Arizona Department of Administration lists it as a day that state offices are closed. See http://www.hr.az.gov/additionalpage...idays.asp.
The courts however do not observe Columbus Day. But the day after Thanksgiving is observed even though not listed in the statute. See https://www.superiorcourt.maricopa....oliday.asp
Is Columbus Day a legal holiday within the meaning of the proposed rule or is the Friday after Thanksgiving? If the sixth day after a five-day notice is given is Columbus Day, is the "last day" Columbus Day or is it extended through the following day? Since Columbus Day always falls on a Monday this is important.
If the sixth day is Thanksgiving does the notice matures on Friday or is it extended until the end on the following Monday even though Friday is not a "legal holiday"?