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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 18 May 2012 11:43 AM by  clbeds
R-11-0018 Rule 10(d), Arizona Rules of Civil Procedure
 4 Replies
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clbeds
Posts:

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13 May 2011 03:10 PM
    R-11-0018
    Petition to Amend Rule 10(d), Arizona Rules of Civil Procedure

    Would amend requirement that documents not exceed 28 lines per page to 22 lines per page to conform to double spacing requirement

    Petitioner:
    Cindy L Bedsaul
    4222 East Fairmount Avenue
    Phoenix, Arizona 85018
    602-667-3255
    clb@gknet.com

    Filed May 16, 2011

    Comments Due May 21, 2012.

    Rejected 8/28/2012
    Attachments
    paigemartin
    Posts:

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    06 Jan 2012 07:36 PM
    Paige A. Martin
    Kutak Rock LLP
    8601 N. Scottsdale Rd. Suite 300
    Scottsdale AZ 85253
    480.429.4827 Direct line
    480.429.5001 Facsimile
    Paige.Martin@KutakRock.com
    Arizona State Bar ID 013320

    I do not agree that this proposed change is necessary. All form pleading paper that I have seen is 28 lines. Everyone I know uses exactly 12 pt for single and exactly 24 pt for double and it fits perfectly on 28 line pleading paper. In fact, that is how my firm's pleadings are set up and this change would require us to change our forms. I would prefer to see the "double space" reference changed if clarity is needed.

    clbeds
    Posts:

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    11 Jan 2012 04:25 PM
    Cindy L Bedsaul
    4222 East Fairmount Avenue
    Phoenix, Arizona 85018
    602-667-3255
    clb@gknet.com

    To suggest Rule 10(d) should not be amended simply because it would require a law firm to change its forms is unreasonable. This is a simple fix and does not require extensive computer experience to make the change.

    The option of 1.5 line spacing (or "exactly 24 pt" which is virtually the same) was deleted from Rule 10(d) in 2004. Ms. Martin states she would "prefer to see the 'double space' reference changed if clarity is needed." In essence, this suggests changing Rule 10(d) back to the way it was prior to the 2004 amendment. Perhaps Ms. Martin continues to see parties using 28-line form pleading paper because they have refused or failed to make the necessary changes since the 2004 amendment. Changing line spacing from double to "exactly 24 pt" in pleadings allows up to five additional lines of text on each page. This practice defeats the purpose of page limitations set by the Rules. It is literally impossible to fit 28 lines of double-spaced text on one page with the required top and bottom margins of 1 1/2 and .5 inches, respectively.

    Using the current "shall not exceed 28 lines per page" language as a loophole to alter line spacing in pleadings should not be tolerated. The Court of Appeals also requires double-spaced text in pleadings, yet most parties do not dare use "exactly 24 pt" line spacing in pleadings filed with the Court of Appeals. Yet many parties feel they do not have to adhere to the requirement of double-spaced text for pleadings filed with the Superior Court.
    The Rules are in place for a reason. If they are not followed or enforced, why bother having them at all?

    For these reasons, Rule 10(d) should be amended by either removing the "not exceed 28 lines per page" language or replacing it with "not exceed 22 lines per page."
    AZStateBar
    Posts:

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    03 Apr 2012 09:07 AM
    John A. Furlong, Bar NO. 018356
    General Counsel
    State Bar of Arizona
    4201 N. 24th Street, Suite 100
    Phoenix, Arizona 85016-6266
    602.252.4804
    John.Furlong@staff.azbar.org
    Attachments
    clbeds
    Posts:

    --
    18 May 2012 11:43 AM
    Cindy L Bedsaul
    4222 East Fairmount Avenue
    Phoenix, Arizona 85018
    602-667-3255
    clb@gknet.com

    Attachments
    Topic is locked