StateBarAZ
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12 Dec 2007 03:24 PM |
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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.
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lkoschney
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26 Dec 2007 04:20 PM |
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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
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nasha
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16 May 2008 05:13 PM |
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Hon. Patti Noland, President Arizona Association of Superior Court Clerks 110 W. Congress, 1st Floor Tucson, Arizona 85701 520-740-3201 [email protected]
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suebrenton
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19 May 2008 07:01 PM |
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Susan Brenton, Executive Director Manufactured Housing Communities of Arizona 2158 N. Gilbert Road, #116 Mesa, AZ 85203 480-345-4202 Fax: 480-345-4205 [email protected]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
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Michael A. Parham
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20 May 2008 03:48 PM |
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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.
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mbzinman
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20 May 2008 03:53 PM |
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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 [email protected]
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KWH123
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20 May 2008 06:15 PM |
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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 [email protected] 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.
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lkoschney
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21 May 2008 12:53 PM |
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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 [email protected]
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lkoschney
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22 May 2008 10:24 AM |
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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
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lkoschney
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22 May 2008 10:37 AM |
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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
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ecrowley
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15 Jul 2008 04:25 PM |
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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
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lawguy
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09 Oct 2008 11:12 AM |
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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
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ecrowley
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13 Nov 2008 07:45 PM |
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John Furlong Bar No. 018356 General Counsel STATE BAR OF ARIZONA 4201 N. 24th St., Suite 200 Phoenix, AZ 85016-6288
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mbzinman
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14 Nov 2008 03:36 PM |
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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
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lkoschney
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14 Nov 2008 05:30 PM |
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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
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lkoschney
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17 Nov 2008 10:24 AM |
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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
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lkoschney
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17 Nov 2008 12:43 PM |
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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 [email protected]
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lkoschney
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17 Nov 2008 05:12 PM |
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R-07-0023 Petition For Rules Of Procedure For Eviction Actions C. Steven McMurry Central Phoenix Justice Court One West Madison Phoenix, AZ 85003
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lkoschney
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18 Nov 2008 11:10 AM |
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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
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