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NEW! The Court acted on many pending rule petitions at its recent 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 20 Jun 2011 09:22 AM by  AZStateBar
R-11-0009 Petition to Amend Rules 5(c) and 6(e), Arizona Rules of Civil Procedure
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AZStateBar
Posts:

--
05 Jan 2011 08:37 AM
    R-11-0009

    PETITION TO AMEND RULES 5(c) AND 6(e), ARIZ. R. CIV. P.

    WOULD PERMIT SERVICE THROUGH EITHER A COURT-AUTHORIZED ELECTRONIC TRANSMISSION SYSTEM OR, WHEN AN ATTORNEY IS BEING SERVED ON BEHALF OF A PARTY, BY ELECTRONIC MAIL

    Petitioner:
    John A. Furlong, Bar No. 018356
    General Counsel
    State Bar of Arizona
    4201 N. 24th St., Ste. 200
    Phoenix, AZ 85016-6288
    Phone: 602.252.4804
    Fax: 602.271.4930
    John.Furlong@staff.azbar.org

    Filed January 5, 2011.

    Comments due May 20, 2011.

    REJECTED, September 1, 2011.

    Attachments
    jmillet
    Posts:

    --
    26 Apr 2011 06:38 PM
    I support the amendment, but with one exception.

    While the presumption that postal mail sent arrives does not always apply to email, as technical problems with email servers routinely occurs. For example, several image PDFs attached to a Motion for Summary Judgment would easily put most messages over a server's size or quota limitation for an account. Then the evidence that an email was not received is in the hands of the party that [i]sent it[/i]. The concern is having to fight a Rule 7.1 motion or explain to an irritated judge why your response was not filed, while opposing counsel says, judge, I emailed it.

    Therefore, the rule should require such emails to be sent with receipt requested or to have a reply confirming receipt.

    Regards,

    Jonathan A. Millet

    Law Offices
    BOYLE, PECHARICH, CLINE,
    WHITTINGTON & STALLINGS, P.L.L.C.
    125 North Granite Street
    Prescott, Arizona 86301-3001
    Phone: (928) 445-0122
    Fax: (928) 445-8021
    Email: jmillet@bpcws.com
    AZStateBar
    Posts:

    --
    20 Jun 2011 09:22 AM
    John A. Furlong, Bar No. 018356
    General Counsel
    State Bar of Arizona
    4201 N. 24th St., Suite 200
    Phoenix, AZ 85016-6288
    Telephone: 602.252.4804
    John.Furlong@staff.azbar.org
    Attachments
    Topic is locked