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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 25 Jun 2009 04:29 PM by  mmeltzer
R-08-0027 Petition to Add Rule 57.1 and Rule 57.2, Arizona Rules of Civil Procedure
 7 Replies
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lsmith
Posts:

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03 Nov 2008 02:25 PM
    R-08-0027

    Petition to Add Rule 57.1 and Rule 57.2, Arizona Rules of Civil Procedure

    WOULD PROVIDE A PROCEDURAL MECHANISM FOR A VICTIM OF IDENTITY THEFT TO PETITION FOR A DECLARATION OF FACTUAL INNOCENCE WHEN THE VICTIM'S IDENTITY HAS BEEN USED IN THE COMMISSION OF A CRIMINAL OFFENSE, AND A DECLARATION OF "IMPROPER PARTY STATUS" IN CIVIL CASES.


    Petitioner:
    David K. Byers, Administrative Director, AOC
    Mailing Address: Arizona State Courts Building
    1501 West Washington, Suite 411, Phoenix, AZ 85007
    Phone Number: (602) 452-3301
    FAX Number: (602) 452-3484
    E-mail Address: Dbyers@courts.az.gov

    Filed November 3, 2008

    ADOPTED as modified on an emergency basis, effective January 1, 2009.


    ADOPTED as modified on a permanent basis, effective January 1, 2010.




    Attachments
    ecrowley
    Posts:

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    27 Apr 2009 12:13 PM
    John Furlong
    Bar No. 018356
    General Counsel
    STATE BAR OF ARIZONA
    4201 N. 24th Street, Suite 200
    Phoenix, AZ 85016
    (602) 252-4804
    Attachments
    jmillet
    Posts:

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    09 May 2009 02:29 PM
    Jonathan A. Millet, Esq.
    125 North Granite Street
    Prescott, Arizona 86301-3001
    (928) 445-0122


    I concur with proposed rule as modified by the State Bar's comment; redacted filings and the other suggested modifications are good improvements.

    Jonathan A. Millet, Esq.
    pahler
    Posts:

    --
    14 May 2009 05:50 PM

    Paul W Ahler
    AZ State Bar# 005379
    Executive Director
    Arizona Prosecuting Attorneys' Advisory Council
    3001 West Indian School Rd., Suite 307
    Phoenix, AZ 85017
    (Office) (602) 265-4779
    (cell) (602) 882-0313
    (Fax) (602) 274-4215
    paul.ahler@apaac.az.gov
    Attachments
    domanico
    Posts:

    --
    19 May 2009 08:46 PM
    R-08-0027

    MARICOPA COUNTY ATTORNEY’S COMMENT TO PETITION TO ADD RULES 57.1 AND 57.2 OF THE ARIZONA RULES OF CIVIL PROCEDURE

    ANDREW P. THOMAS
    MARICOPA COUNTY ATTORNEY
    (FIRM STATE BAR NO. 0003200)

    PHILIP J. MACDONNELL
    CHIEF DEPUTY COUNTY ATTORNEY
    MARYANN MCKESSEY
    DEPUTY COUNTY ATTORNEY
    301 WEST JEFFERSON STREET, SUITE 800
    PHOENIX, ARIZONA 85003
    TELEPHONE: (602) 506-3800
    (STATE BAR NUMBERS 003813 AND 16990)
    Attachments
    nasha
    Posts:

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    20 May 2009 03:55 PM
    Hon. Patricia Noland, President
    Arizona Association of Superior Court Clerks
    110 W. Congress, 1st Floor
    Tucson, Arizona 85701
    520-740-3201
    nasha@COSC.maricopa.gov

    The Arizona Association of Superior Court Clerks recommends that the wording in Rules 57.1(B) and 57.2(B) remain: "The petition shall state the specific court location where the underlying action was filed." Anticipating filings from self-represented litigants, the Clerks of Superior Court believe that changing this phrasing to a broader phrase, such as, “The petition shall identify the court where the underlying civil action was filed," could make it difficult for the Clerks to identify which limited jurisdiction court has the records that the Superior Court needs. For example, if a pro se’s petition states the underlying case was filed in "Justice Court," that could be one of up to 25 courts, depending on the county of filing. The phrasing in current rule that states "the specific court location" appears intended to assist filing-parties with identifying the court where the initial proceeding was filed and directs the filing-party away from using the “Justice Court” or “Municipal Court” jurisdictional umbrella terms.

    In addition, the Arizona Association of Superior Court Clerks recommends that any changes to wording in Rules 57.1(D) and 57.2(D) regarding transmission of records remain process-neutral, to allow for electronic file transfer and not be limited by references to paper or paper processes.
    covic
    Posts:

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    20 May 2009 04:44 PM
    Hon. Ron Reinstein, Chair
    Supreme Court Commission on Victims in the Courts (COVIC)
    1501 W. Washington, Phoenix, AZ 85007
    602-452-3138

    Attachments
    mmeltzer
    Posts:

    --
    25 Jun 2009 04:29 PM
    Petitioner's Reply, filed on behalf of

    David K. Byers, Administrative Director, AOC
    1501 West Washington, Suite 411
    Phoenix, AZ 85007
    Phone Number: (602) 452-3301
    FAX Number: (602) 452-3484
    E-mail Address: Dbyers@courts.az.gov
    Attachments
    Topic is locked