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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 18 May 2012 01:44 PM by  AZStateBar
R-12-0022 Rules 28 and 45, AZ Rules of Civil Procedure
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Tberg
Posts:

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10 Jan 2012 02:57 PM
    R-12-0022

    Petition to Amend Rules 28 and 45, Ariz. R. Civ. P.

    Would implement the Uniform Interstate Depositions and Discovery Act, providing procedures for litigants in one state to depose individuals in another state and to secure the production of discoverable materials located in another state

    Petitioners:
    Barbara Atwood
    Commissioner, Uniform Law Commission
    James E. Rogers College of Law
    The University of Arizona
    P.O. Box 210176
    Tucson, AZ 85721-0176
    520/621-1912
    Batwood@email.arizona.edu
    Bar No. 4733

    Timothy Berg
    Commissioner, Uniform Law Commission
    Fennemore Craig PC
    3003 N. Central Ave., Suite 2600
    Phoenix, AZ 85012-2913
    602/916-5421
    tberg@fclaw.com
    Bar No. 004170

    Filed: January 10, 2012

    Comments due May 21, 2012.

    ADOPTED as modified, effective January 1, 2013.





    Document 1: Petition to Amend Arizona Rules of Civil Procedure (pdf format)
    Document 2: Petition to Amend Arizona Rules of Civil Procedure (Word format)
    Document 3: Appendix A to Petition (proposed amendments) (pdf format)
    Document 4: Appendix A to Petition (proposed amendments) (Word format)
    Document 5: Appendix B to Petition (Uniform Interstate Depositions and Discovery Act) (pdf format)
    Document 6: Appendix B to Petition (Uniform Interstate Depositions and Discovery Act) (Word format)

    Attachments
    nasha
    Posts:

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    30 Apr 2012 11:59 AM
    Hon. Deborah Young, President
    Arizona Association of Superior Court Clerks
    200 N. San Francisco
    Flagstaff, Arizona 86001
    928-679-7600
    nasha@COSC.maricopa.gov
    Supreme Court No. R-12-0022


    The Arizona Association of Superior Court Clerks (AASCC) submits the following comments to the Uniform Law Commission’s petition to add a process in Arizona for the issuance of foreign subpoenas by the Clerks of the Superior Court. The AASCC takes no position on the merits of the rule change petition and offers the following information for the Court’s consideration.

    Approximately 300 subpoenas are issued statewide each year by the Clerks of the Superior Court for witnesses to provide information or testimony in actions originating from a foreign jurisdiction. Currently, the requesting attorney pays a subpoena fee and a case initiation fee that allows the Clerk to issue the subpoena and offsets the costs that objections to the subpoena may require by local judicial review.

    Under the proposed rule change, the statutory fee for issuing a subpoena will remain, but a case need not be initiated locally unless judicial review is specifically sought by an individual who is subject to the subpoena. The AASCC only raises the point that the courts will need to address the shift of the burden of a case initiation filing fee to the individual who is subject to the foreign subpoena, who may or may not be a party to the foreign jurisdiction’s underlying action, and who requests local judicial review in defending against the subpoena.

    Hon. Deborah Young, President
    Arizona Association of Superior Court Clerks
    AZStateBar
    Posts:

    --
    18 May 2012 01:44 PM
    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
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