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NEW! The Court acted on many pending rule petitions at its August 29, 2017 Rules Agenda.  

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This website allows you to electronically file and monitor court rule petitions and comments and to view existing rules of court, recent amendments of those rules, and pending rule petitions and comments. Any visitor to this site may view posts on this website, but to post a petition or comment you must register and log in. To view instructions on how to register and how to file a petition or comment, please visit our Frequently Asked Questions (FAQ) page. 
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Last Post 18 Nov 2008 11:10 AM by  lkoschney
R-07-0023 Petition For Rules Of Procedure For Eviction Actions
 18 Replies
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StateBarAZ
Posts:

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12 Dec 2007 03:24 PM
    R-07-0023

    PETITION FOR RULES OF PROCEDURE FOR EVICTION ACTIONS

    TO PROMOTE THE UNIFORMITY OF PUBLIC LAWS AND PROCEDURES FOR EVICTION ACTIONS

    Petitioner:
    Robert B. Van Wyck, Chief Bar Counsel
    Bar No. 007800
    State Bar of Arizona
    4201 North 24th Street, Suite 200
    Phoenix, AZ 85016-6288
    (602) 252-4804

    Filed December 12, 2007

    ADOPTED as modified, effective January 1, 2009.
    Attachments
    lkoschney
    Posts:

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    26 Dec 2007 04:20 PM
    R-07-0023 Petition For Rules Of Procedure For Eviction Actions

    Gerald A. Williams
    AZ Bar No. 018947
    North Valley Justice Court
    14264 West Tierra Buena Lane
    Surprise, AZ 85374
    (602) 372-2000
    Attachments
    nasha
    Posts:

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    16 May 2008 05:13 PM
    Hon. Patti Noland, President
    Arizona Association of Superior Court Clerks
    110 W. Congress, 1st Floor
    Tucson, Arizona 85701
    520-740-3201
    nasha@COSC.maricopa.gov
    Attachments
    suebrenton
    Posts:

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    19 May 2008 07:01 PM
    Susan Brenton, Executive Director
    Manufactured Housing Communities of Arizona
    2158 N. Gilbert Road, #116
    Mesa, AZ 85203
    480-345-4202 Fax: 480-345-4205
    sbrenton@mhcaz.com

    Manufactured Housing Communities of Arizona is the statewide industry association representing mobile home park owners and operators throughout Arizona. Our Board has reviewed the proposed eviction rules. Fortunately our legal counsel since 1987 was a member of the Committee that drafted the rules and we are satisfied that the unique aspects of our industry have largely been taken into account in their preparation. However, we are concerned that the new court procedures not unduly increase expenses our members incur in evicting people. As a norm our members are extremely hesitant to engage in evictions since the results are costly to both landlord and tenant. But when necessary it is important that those costs not be increased by the legal process for no good, meaningful purpose. We have reviewed the comments being posted on this forum by Michael A. Parham and we wish to completely adopt them as our own.

    Susan Brenton, Executive Director
    MHCA
    Michael A. Parham
    Posts:

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    20 May 2008 03:48 PM
    Michael A. Parham
    5333 N. 7th Ave., #B-213
    Phoenix, AZ 85014
    Office: (602) 265-6804
    Fax: (602) 265-8945
    State Bar No. 4853

    My comments are attached. The Pollack Report is expected to be filed by the Arizona Multi Housing Association.
    Attachments
    mbzinman
    Posts:

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    20 May 2008 03:53 PM
    Scott E. Williams Bar #012417
    Mark B. Zinman Bar #024028
    Williams & Zinman P.C.
    7701 E. Indian School Road
    Suite J
    Scottsdale, AZ 85251
    480-994-4732
    480-946-1211
    mark@wzlawpc.com
    Attachments
    KWH123
    Posts:

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    20 May 2008 06:15 PM
    Denise M. Holliday, President
    Association of Landlord-Tenant Attorneys
    c/o Holliday & Holliday
    301 E. Bethany Home Rd., Suite 295-C
    Phoenix, AZ 85012-1297
    602-230-0088
    hollidaylaw@netzero.net

    The Association of Landlord-Tenant Attorneys (ALTA) is a group of over 30 Maricopa County attorneys that practice primarily Landlord-Tenant law. After careful review of the proposed rule changes, and the comments submitted, ALTA joins in full support of the comments crafted by Michael A. Parham and Scott Williams/Mark Zinman. If enacted as proposed, these rules will detrimentally impact this area of law, resulting in increased costs and attorney fees for the Landlord. Ultimately, this increase in costs and attorney fees will, in most cases, be passed directly to the tenant through forcible/special detainer judgments, thus, creating further harm to those the rules purport to protect.

    lkoschney
    Posts:

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    21 May 2008 12:53 PM
    R-07-0023 Petition For Rules of Procedure For Eviction Actions

    Ellen Sue Katz
    SB #012214
    William E. Morris Institute For Justice
    202 E. McDowell Road, Suite 257
    Phoenix, AZ 85004
    602-252-3432
    eskatz@qwest.net
    Attachments
    lkoschney
    Posts:

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    22 May 2008 10:24 AM
    R-07-0023 Petition For Rules of Procedure For Eviction Actions

    Nathan Slovin, President
    Arizona Multihousing Association
    5110 N. 44th St., Suite 160L
    Phoenix, AZ 85018

    Comments submitted on behalf of:

    Arizona Association of Realtors
    Arizona Multihousing Association
    Manufactured Housing Communities of Arizona
    National Apartment Association
    Attachments
    lkoschney
    Posts:

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    22 May 2008 10:37 AM
    R-07-0023 Petition For Rules of Procedure For Eviction Actions

    Arizona Multihousing Association
    Scott M. Clark
    SB #6759
    Law Offices of Scott M. Clark
    3008 N 44th St.
    Phoenix, AZ 85018

    J. Denton Dobbins, Jr.
    SB #013519
    Koglmeier, Dobbins & Smith
    715 North Gilbert Road, Suite 5
    Mesa, AZ 85203

    Mark Heldenbrand
    SB #011790
    J. Mark Heldenbrand Attorney at Law
    300 W. Clarendon Ave., Ste. 325
    Phoenix, AZ 85013

    Andrew Hull
    SB #004153
    Andrew Hull Attorney at Law
    301 E. Bethany Home Road, 295-C
    Phoenix, AZ 85012

    Matthew D. Koglmeier
    SB #007200
    715 North Gilbert Road, Ste 5
    Mesa, AZ 85023
    Attachments
    ecrowley
    Posts:

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    15 Jul 2008 04:25 PM
    Robert B. Van Wyck
    Chief Bar Counsel
    Bar No. 007800
    State Bar of Arizona
    4201 North 24th Street, Suite 200
    Phoenix, Arizona 85016
    (602) 252-4804

    Reply to Comments Regarding Petition for Rules of Procedure for Eviction Actions
    Attachments
    lawguy
    Posts:

    --
    09 Oct 2008 11:12 AM
    Hon. Hugh Heygi and I were Co-Chairs of the Rules Committee that ultimately created and proposed these rules. I can guarantee everyone that each and every rule proposal, and its impact on both the landlord industry and on tenants, was thoroughly discussed and taken into consideration during the thousands of man-hours it took to reach a consensus. While the submitted rules are not perfect, they are a reasonable compromise between the various interests represented in landlord/tenant cases. Except for one recommendation for change, I would urge their adoption as amended by the Supreme Court, not because they are perfect as is. Rather, the proposed rules, having been argued and re-argued and re-hashed for so long in our Committee, would likely not be improved much by further discussions. Delaying the adoption of these rules in order to attempt further refinement would not be as productive or beneficial as adopting the amended rules now as is, and proposing further amendments later after everyone has a chance to see how they work in practice.

    The Court's proposed amendment of our subpoena rule (Rule 10(d))is unworkable, however, as allowing fourteen days to quash a subpoena could make a motion to quash moot. ARS 33-1377(B)&(C) require that a trial take place within six to eleven days after the complaint is filed, continuances included. Thus, under the Court's proposed amendment, even if a subpoena was issued and served on the date of filing the complaint, a timely motion to quash would not have to be ruled upon until after a trial had already occurred, making it meaningless. Our committee purposely omitted the fourteen day time frame from the Rules of Civil Procedure in order to require the courts to rule on motions to quash, and other pre-trial motions, prior to trial, as stated in our proposed Rule 9(a).

    Guy P. Wolf
    Sole practitioner
    ecrowley
    Posts:

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    13 Nov 2008 07:45 PM
    John Furlong
    Bar No. 018356
    General Counsel
    STATE BAR OF ARIZONA
    4201 N. 24th St., Suite 200
    Phoenix, AZ 85016-6288
    Attachments
    mbzinman
    Posts:

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    14 Nov 2008 03:36 PM
    Scott Williams #012417
    Mark Zinman #024028
    Williams & Zinman P.C.
    7701 E. Indian School Road, Suite J
    Scottsdale, AZ 85251
    Phone - 480-994-4732
    Facsimile - 480-946-1211
    Attachments
    lkoschney
    Posts:

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    14 Nov 2008 05:30 PM
    R-07-0023 Petition For Rules Of Procedure For Eviction Actions


    Gerald A. Williams
    #018947
    North Valley Justice Court
    14264 West Tierra Buena Lane
    Surprise, AZ 85374
    Attachments
    lkoschney
    Posts:

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    17 Nov 2008 10:24 AM
    R-07-0023 Petition For Rules Of Procedure For Eviction Actions

    Scott M. Clark #6759
    Law Offices of Scott M. Clark
    3008 N 44th St.
    Phoenix, AZ 85018

    J. Denton Dobbins, Jr. #13519
    Koglmeier, Dobbins & Smith
    715 North Gilbert Road, Suite 5
    Mesa, AZ 85203

    Mark Heldenbrand #11790
    J. Mark Meldenbrand Attorney at Law
    300 W. Clarendon Ave, Ste. 325
    Phoenix, AZ 85013

    Andrew Hull #4153
    Andrew Hull Attorney at Law
    301 E. Bethany Home Rd., 295-C
    Phoenix, AZ 85012

    Matthew D. Koglmeier #7200
    715 North Gilbert Road, Ste 5
    Mesa, AZ 85203

    Michael A. Parham #4853
    5333 N 7th Street, #B-213
    Phoenix, AZ 85014
    Attachments
    lkoschney
    Posts:

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    17 Nov 2008 12:43 PM
    R-07-0023 Petition For Rules Of Procedure For Eviction Actions

    Ellen Sue Katz #12214
    William E. Morris Institute For Justice
    202 E. McDowell Rd., Suite 257
    Phoenix, AZ 85004
    (602)252-3432
    eskatz@qwestoffice.net
    Attachments
    lkoschney
    Posts:

    --
    17 Nov 2008 05:12 PM
    R-07-0023 Petition For Rules Of Procedure For Eviction Actions

    C. Steven McMurry
    Central Phoenix Justice Court
    One West Madison
    Phoenix, AZ 85003
    Attachments
    lkoschney
    Posts:

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    18 Nov 2008 11:10 AM
    R-07-0023 Petition For Rules Of Procedure For Eviction Actions

    Ron Finestein, President
    Arizona Association of Manufactured Home and R.V. Owners
    2334 W. McClintock Dr.
    Tempe, AZ 85282
    (480) 966-9566
    Attachments
    Topic is locked