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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 30 Jun 2017 04:19 PM by  State Bar of Arizona
R-17-0016 Petition to Amend the Rules of Procedure for Eviction Actions
 7 Replies
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Author Messages
bcrmember
New Member
Posts:10 New Member

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09 Jan 2017 12:19 PM
    Lisa M. Panahi, Bar No. 023421
    Acting General Counsel
    State Bar of Arizona
    4201 N. 24th Street, Suite 100
    Phoenix, AZ 85016-6288
    (602) 340-7236
    patricia.seguin@staff.azbar.org

    Would amend the rules to provide the same information on computing time periods to eviction court litigants as other civil litigants in Justice Court and Superior Court.

    Filed January 9, 2017

    Comments due May 22, 2017.

    ORDERED: Petition to Amend Rules 3 and 5, Rules of Procedure for Eviction Actions= ADOPTED as modified, effective January I, 2018.
    Attachments
    JudgeGeraldWilliams
    New Member
    Posts:4 New Member

    --
    25 Jan 2017 05:14 PM
    Response

    Gerald A. Williams
    Arizona Bar No. 018947
    North Valley Justice Court
    14264 West Tierra Buena Lane
    Surprise, AZ 85301
    Attachments
    Michael A. Parham
    New Member
    Posts:14 New Member

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    12 Feb 2017 12:53 PM
    Michael A.Parham, # 004853
    Williams, Zinman & Parham P.C.
    7701 East Indian School Road, Suite J
    Scottsdale, Arizona 85251
    (480) 994-4732

    Approximately 650,000 evictions have moved through Arizona justice courts since the RPEA. Now we are expected to amend the Rules to restate the law on time calculations that already applies, ARS § 1-243(a). This results from a single instance where a judge is misquoted on time period calculations for five-day notices.

    Disregarding the misquote, that would mean this proposal is based on what happened in .00153846153846% of the evictions filed since January 1, 2009.

    Several questions present themselves. First, what does "legal holiday" mean? ARS § 1-301 lists "holidays" and includes Mother's Day, Father's Day, American Family Day, and Constitution Commemoration Day.

    The statute also lists Columbus Day that is both a federal and Arizona holiday. Among other things mail delivery does not take place. The Arizona Department of Administration lists it as a day that state offices are closed. See http://www.hr.az.gov/additionalpage...idays.asp.

    The courts however do not observe Columbus Day. But the day after Thanksgiving is observed even though not listed in the statute. See https://www.superiorcourt.maricopa....oliday.asp

    Is Columbus Day a legal holiday within the meaning of the proposed rule or is the Friday after Thanksgiving? If the sixth day after a five-day notice is given is Columbus Day, is the "last day" Columbus Day or is it extended through the following day? Since Columbus Day always falls on a Monday this is important.

    If the sixth day is Thanksgiving does the notice matures on Friday or is it extended until the end on the following Monday even though Friday is not a "legal holiday"?
    Michael A. Parham
    New Member
    Posts:14 New Member

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    13 Feb 2017 09:09 AM
    Michael A.Parham, # 004853
    Williams, Zinman & Parham P.C.
    7701 East Indian School Road, Suite J
    Scottsdale, Arizona 85251
    (480) 994-4732

    Proving that everyone is capable of error, I misread the petition and thought the quoted language had been made in court in a specific case. I now see it was made in a comment by Judge Gerald Williams on another rule proposal.

    Consequently, this alleged error has not been made in .00153846153846% of the eviction cases arising under the RPEA; it appears to have arisen in 0% of them.

    The balance of my earlier comments are unaffected by this.
    Julie Graber
    New Member
    Posts:6 New Member

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    18 May 2017 01:12 PM
    Lawrence F. Winthrop
    Arizona Commission on Access to Justice
    1501 W. Washington St., Suite 410
    Phoenix, AZ 85007

    Comment from the Arizona Commission on Access to Justice
    Attachments
    JudgeGeraldWilliams
    New Member
    Posts:4 New Member

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    18 May 2017 05:14 PM
    I remain neutral on this proposed rule change because its’ adoption would have no meaningful impact on either case processing or on when landlords file residential eviction actions. However, a recent comment by the Arizona Commission on Access to Justice states in part, “Currently, eviction matters are the only type of case in justice court that does not have specific direction on how to compute time.” That statement is simply not accurate. The Petition in this case seeks to amend two Rules of Procedure for Eviction Actions (RPEA) that provide unambiguous guidance on how to calculate time. The Petition requests an amendment to RPEA 3 (Computation: Shortening or Extension of Time) and requests the deletion of RPEA 5(e) (Computation of Time). I had the honor of serving on the committee that spent over a year drafting the RPEA and remain proud of our collective work product. Attempts to fix something that is not broken should be viewed with caution.


    Gerald A. Williams
    Arizona Bar No. 018947
    North Valley Justice Court
    14264 West Tierra Buena Lane
    Surprise, AZ 85301
    Michael A. Parham
    New Member
    Posts:14 New Member

    --
    22 May 2017 12:48 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
    Attachments
    State Bar of Arizona
    New Member
    Posts:26 New Member

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    30 Jun 2017 04:19 PM
    Lisa M. Panahi, Bar No. 023421
    General Counsel
    State Bar of Arizona
    4201 N. 24th St., Suite 100
    Phoenix, AZ 85016
    602-340-7236
    patricia.seguin@staff.azbar.org
    Attachments
    Topic is locked