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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 09 Jul 2008 10:49 AM by  lkoschney
R-07-0027 Application to Transfer Structured Settlement Payments Rights
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Ed
Posts:

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20 Dec 2007 03:53 PM
    R-07-0027

    PETITION TO ADOPT RULE GOVERNING APPLICATION TO TRANSFER STRUCTURED SETTLEMENT PAYMENT RIGHTS, RULES OF CIVIL PROCEDURE

    TO REQUIRE A PAYEE TO GIVE THE COURT COMPLETE INFORMATION REGARDING PRIOR TRANSFERS

    Petitioner:
    Edward O. Burke
    Maricopa County Superior Court
    125 W.Washington St. #101
    Phoenix, AZ 85003

    Filed December 20, 2007

    Comment period closed as of May 20, 2008.

    ADOPTED as modified, effective January 1, 2009.

    Attachments
    acetom
    Posts:

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    19 Feb 2008 11:55 AM
    Hon. Mark Aceto
    Presiding Civil Judge
    Maricopa County Superior Court
    125 W. Washington, Suite 309
    Phoenix, AZ 85003
    (602)506-5267


    This comment is made in support of adoption of proposed rule No. R-07-0027.

    A structured settlement is an arrangement for periodic payment of damages for personal injury. Such settlements are almost always funded by an annuity contract. Factoring companies often purchase the rights to future payments from payees. Historically, it was not uncommon for sophisticated factoring companies to take advantage of unsophisticated payees. A.R.S. § 12-2901, et seq., is designed to address such abuses. The statute charges superior court judges with responsibility for overseeing the fairness of proposed transfers of structured settlement payments. Among other things, the statutes require that judges determine whether such transfers are in the best interest of the payee. Because both sides seek approval of the proposed transfer, the court cannot rely on the adversary process to bring pertinent information to its attention.

    The proposed new rule would mandate that significantly more information be provided to the Court by payees. The proposed rule was discussed by the Maricopa County Superior Court civil department at the department’s regular January meeting. Based on a conclusion that the rule would significantly enhance our ability to fulfill our statutory obligation, the judges at the meeting voted unanimously to urge adoption of the rule.
    StateBarAZ
    Posts:

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    01 Apr 2008 01:17 PM
    Robert B. Van Wyck
    Bar No. 007800
    Chief Bar Counsel
    State Bar of Arizona
    4201 North 24th Street, Suite 200
    Phoenix, AZ 85016-6288
    (602) 252-4804
    Attachments
    lkoschney
    Posts:

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    02 May 2008 05:18 PM
    R-07-0027 Rules of Civil Procedure Application to Transfer Structured Settlement Payments Rights

    Peter J. Cahill
    #004134
    President, Arizona Judges Association
    1400 E. Ash St.
    Globe, AZ 85501
    (928) 402-8686
    Attachments
    samcrump
    Posts:

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    20 May 2008 06:27 PM
    Samuel T. Crump
    AZ Bar# 022400
    Boates & Crump, PLLC
    On Behalf of National Association of Settlement Purchasers
    3701 W. Anthem Way, Ste. 202
    Anthem, AZ 85086
    T 623-551-5457
    F 623-551-5458
    E scrump@boatescrump.com
    Attachments
    lkoschney
    Posts:

    --
    09 Jul 2008 10:49 AM
    R-07-0027 Application to Transfer Structured Settlement Payments Rights


    Edward O. Burke
    Bar No. 002480
    Superior Court Judge
    Maricopa County Superior Court
    125 West Washington Street, Suite 101
    Phoenix, AZ 85003
    (602)506-6538
    Attachments
    Topic is locked