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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 26 Mar 2017 01:12 PM by  Michael A. Parham
R-16-0040 Petition to Amend Rules 5(a), 5(b)(6), 5(b)(7) and add Rules 13(h) and 20 of the Rules of Procedure for Eviction Actions
 19 Replies
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Author Messages
Susan Pickard
New Member
Posts:9 New Member

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06 Jul 2016 09:55 AM
    Would require litigants statewide to use court-approved eviction action forms and authorizes the Administrative Director of the Administrative Office of the Courts (AOC) to approve, modify, or delete eviction action forms as may be appropriate.

    Filed on behalf of

    Judge Lawrence Winthrop
    Commission on Access to Justice
    1501 West Washington, Suite 410
    Phoenix, AZ 85007
    602-452-3252
    602-452-3480
    spickard@courts.az.gov

    Petition to Amend the Rules of Procedure for Eviction Actions. Would mandate the use of Administrative Office of the Courts (AOC) approved forms and notices for Eviction Actions.

    Filed July 6, 2016.

    Comments shall be due according to the following schedule:
    September 23, 2016 comments due
    November 4, 2016 Petitioner's reply to comments due

    Request to Strike = DENIED. Request to Dismiss Petition = DENIED.
    CONTINUED.

    ORDERED: Petition to Amend Rules 5(a), 5(b)(6), 5(b)(7) and Add Rules 13(h) and 20, of the Rules of Procedure for Eviction Actions= CONTINUED.
    Attachments
    JudgeGeraldWilliams
    New Member
    Posts:4 New Member

    --
    05 Aug 2016 02:13 PM
    Objection to Proposed Rule Changes, to Proposed Mandatory Summons and Complaint, to Proposed Mandatory Notice Forms, and Suggested Alternative Language for Forms.

    Gerald A. Williams
    Arizona Bar No. 018947
    North Valley Justice Court
    14264 West Tierra Buena Lane
    Surprise, AZ 85301
    Attachments
    Linda Koschney
    New Member
    Posts:43 New Member

    --
    12 Sep 2016 04:15 PM
    Paul A. Henderson (Ariz. Bar No. 022891)
    Law Offices of Scott M. Clark, P.C.
    3008 N. 44th Street
    Phoenix, AZ 85018-7206
    (602) 957-7877

    Denise M. Holliday (Ariz. Bar No. 017275
    Hull, Holliday & Holliday, PLC
    7000 N. 16th Street, Suite 120-484
    Phoenix, AZ 85020-5547
    (602) 230-0088
    Attachments
    mpatten
    New Member
    Posts:1 New Member

    --
    19 Sep 2016 02:47 PM
    Cynthia Zwick
    Executive Director
    Arizona Community Action Association
    2700 North Third Street, Ste. 3040
    Phoenix, AZ 85004
    (602) 604-0640
    czwick@azcaa.org
    Attachments
    Scott Drucker
    New Member
    Posts:1 New Member

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    20 Sep 2016 02:46 PM
    Scott M. Drucker (Ariz. Bar No. 020964)
    General Counsel
    Arizona Association of REALTORS
    255 E. Osborn Rd., Suite 200
    Phoenix, AZ 85012
    (602) 248-7787
    scottdrucker@aaronline.com
    Attachments
    Linda Koschney
    New Member
    Posts:43 New Member

    --
    21 Sep 2016 09:40 AM
    Scott M. Clark
    AZ Bar No. 6759
    Law Offices of Scott M. Clark, P.C.
    3008 N. 44th Street
    Phoenix, AZ 85018-7206
    Ph: (602) 957-7877
    Fax: (602) 957-7876
    Attachments
    Michael A. Parham
    New Member
    Posts:14 New Member

    --
    23 Sep 2016 06:42 AM
    Williams, Zinman & Parham P.C.
    7701 East Indian School Road, Suite J
    Scottsdale, Arizona 85251
    (480) 994-4732
    Michael A. Parham, #004853
    Melissa A. Parham, # 025670
    Attorneys for Commenting Parties Manufactured Housing
    Communities of Arizona and Michael A. Parham

    These Commenting Parties object to adoption of this proposal and in particular the forms that would be mandatory under it for the following reasons as set forth in the attached comments:

    1. It exceeds the authority of the Courts to adopt rules under the Arizona Constitution and applicable statutes;
    2. It takes a private businesses’ source of income away by seizing the right to create notice forms without compensating it;
    3. The Court system lacks the expertise and ability to do the job;
    4. The forms themselves do not satisfy statutory requirement;
    5. The proposal was made with no consideration of costs or benefits and is arbitrary and capricious;
    6. And finally, it arises out of uninformed stereotypes of the eviction process and landlord attorneys.

    We also adopt and incorporate by reference the comments of Paul Henderson and Denise Holliday as though fully set forth herein
    Attachments
    Michael A. Parham
    New Member
    Posts:14 New Member

    --
    23 Sep 2016 02:43 PM
    Williams, Zinman & Parham P.C.
    7701 East Indian School Road, Suite J
    Scottsdale, Arizona 85251
    (480) 994-4732
    Mark B. Zinman, #004853

    Attorneys for Commenting Party
    Arizona Real Estate Investors Association

    Comments of AZREIA in opposition to proposal and mandated forms are attached.
    Attachments
    Wm. E Morris Institute for Justice
    New Member
    Posts:5 New Member

    --
    23 Sep 2016 04:05 PM
    Ellen Sue Katz
    William E. Morris Institute for Justice
    3707 North Seventh Street, Suite 220
    Phoenix, Arizona 85014
    (602) 252-3432 (office)
    (602) 257-8138 (fax)
    eskatz@qwestoffice.net
    State Bar No. 012214

    Re: Comments in Support of Petition to Amend and Add to the Rules of Procedure for Eviction Actions
    Attachments
    Linda Koschney
    New Member
    Posts:43 New Member

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    26 Sep 2016 10:04 AM
    Pamela M. Bridge
    Community Legal Services
    305 South Second Avenue
    Phoenix, Arizona 85003
    (602)258-3434, ext. 2650
    (602)258-4628 (FAX)
    pbridge@clsaz.org
    Bar No. 018252

    Community Legal Services submits these Comments in Support of Petition to Amend and Add to the Rules of Procedure for Eviction Actions
    Attachments
    Linda Koschney
    New Member
    Posts:43 New Member

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    14 Nov 2016 10:06 AM
    Hon. Lawrence F. Winthrop
    1501 W. Washington, Suite 410
    Phoenix, AZ 85007
    Attachments
    Michael A. Parham
    New Member
    Posts:14 New Member

    --
    14 Nov 2016 04:45 PM
    Williams, Zinman & Parham P.C.
    7701 East Indian School Road, Suite J
    Scottsdale, Arizona 85251
    (480) 994-4732
    Michael A. Parham, #004853
    Melissa A. Parham, # 025670
    Attorneys for Commenting Parties Manufactured Housing
    Communities of Arizona and Michael A. Parham

    Granted 11/14/2016 Motion for Leave to File Additional Comments.
    Attachments
    JudgeGeraldWilliams
    New Member
    Posts:4 New Member

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    26 Jan 2017 05:18 PM
    Gerald A. Williams
    Arizona Bar No. 018947
    North Valley Justice Court
    14264 West Tierra Buena Lane
    Surprise, AZ 85301


    Additional Objections to Proposed Rule Changes, to Proposed Mandatory Court Forms, and to Proposed Mandatory Notice Forms


    Attachments
    Mark Hyatt Tynan
    New Member
    Posts:2 New Member

    --
    17 Feb 2017 11:32 AM
    Attached please find comments and objections regarding this Petition from private tenant attorneys Mark Tynan, Jesse Cook, and Mark Tucker.
    Attachments
    Michael A. Parham
    New Member
    Posts:14 New Member

    --
    17 Feb 2017 02:19 PM
    Williams, Zinman & Parham P.C.
    7701 East Indian School Road, Suite J
    Scottsdale, Arizona 85251
    (480) 994-4732
    Michael A. Parham, #004853
    Melissa A. Parham, # 025670
    Attorneys for Commenting Parties Manufactured Housing
    Communities of Arizona and Michael A. Parham

    These Commenting Parties continue to object to adoption of this proposal and in particular the revised forms that would become mandatory for the following reasons as set forth in the attached comments.

    Size limitations required the ACAJ Forms showing non-statutory requirements be separately filed.

    We also stand by our earlier objections to the adoption of this Proposal for the reasons given in our September 23, 2016 Comments.
    Attachments
    Linda Koschney
    New Member
    Posts:43 New Member

    --
    21 Feb 2017 02:27 PM
    Denise Holiday #017275
    Hull, Holliday & Holliday P.L.C.
    7000 N. 16th Street, Suite 120-#484
    Phoenix, AZ 85020-5547
    (602) 230-0088 office
    (602) 230-7421 fax
    Hollidaylaw@netzero.net

    Paul Henderson #022891
    Law Offices of Scott Clark PC
    3008 N. 44th Street
    Phoenix, AZ 85018-7206
    (602) 957-7877
    paul@scottclarklaw.com


    Attachments
    Linda Koschney
    New Member
    Posts:43 New Member

    --
    21 Feb 2017 03:04 PM
    Scott M. Clark #6759
    Law Offices of Scott M. Clark, P.C.
    3008 N. 44th Street
    Phoenix, AZ 85018-7206
    (602) 957-7877
    (602) 957-7876 fax
    Attachments
    Julie Graber
    New Member
    Posts:6 New Member

    --
    21 Mar 2017 02:03 PM
    Hon. Lawrence F. Winthrop
    1501 W. Washington, Suite 410
    Phoenix, Arizona 85007
    Attachments
    Michael A. Parham
    New Member
    Posts:14 New Member

    --
    26 Mar 2017 01:02 PM
    Williams, Zinman & Parham P.C.
    7701 East Indian School Road, Suite J
    Scottsdale, Arizona 85251
    (480) 994-4732
    Michael A. Parham, #004853
    Melissa A. Parham, # 025670
    Attorneys for Commenting Parties Manufactured Housing
    Communities of Arizona and Michael A. Parham

    These Commenting parties request that the Court strike the March 21, 2017 Reply of ACAJ as being unauthorized.

    In the alternative they request leave to file additional comments on the proposed rule revisions. The Reply proposes yet another set of revised forms that continues to be defective in many respects and upon which public comments should be allowed.
    Attachments
    Michael A. Parham
    New Member
    Posts:14 New Member

    --
    26 Mar 2017 01:12 PM
    Williams, Zinman & Parham P.C.
    7701 East Indian School Road, Suite J
    Scottsdale, Arizona 85251
    (480) 994-4732
    Michael A. Parham, #004853
    Melissa A. Parham, # 025670
    Attorneys for Commenting Parties Manufactured Housing
    Communities of Arizona and Michael A. Parham

    These Commenting Parties request that the Court vacate or dismiss R-16-0040 for the reason that the proposal to mandate the use of eviction forms such as would be required here is now specifically prohibited by amendments to the affected landlord-tenant and forcible entry and detainer laws enacted in HB2237, signed by the Governor on March 21, 2017.

    The bill will go into effect 90 days after adjournment of the legislature. That will be in advance of the time the Court is scheduled to take up this Petition. Even if the new laws were effective after such forms were mandated, they would render a requirement for use of the forms unenforceable.
    Attachments
    Topic is locked