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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 10 May 2007 09:59 AM by  spickard
R-06-0018 Rule 7.1(e), Rules of Civil Procedure
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sjones
Posts:

--
11 Oct 2006 12:42 PM
    R-06-0018

    PETITION TO AMEND RULE 7.1(e) OF THE ARIZONA RULES OF CIVIL PROCEDURE

    TO CLARIFY THE PROCEDURES RELATING TO WHAT ARE OFTEN CALLED "HORIZONTAL APPEALS"

    Petitioner:
    Robert B. Van Wyck
    Chief Bar Counsel, State Bar of Arizona
    4201 N. 24th Street, Suite 200
    Phoenix, Arizona 85016-6288
    (602) 252-4804
    FAX (602) 271-4930
    rulepetitions@azbar.org
    Bar No. 007800

    Filed October 11, 2006

    COMMENT PERIOD CLOSED AS OF MAY 21, 2007.
    PETITION REJECTED ON SEPTEMBER 6, 2007.








    Attachments
    spickard
    Posts:

    --
    10 May 2007 09:59 AM
    Committee on Superior Court
    Honorable James A. Soto, Chair
    Superior Court in Santa Cruz County
    P.O. Box 1929
    Nogales, Arizona 85628
    (520) 375-7730

    IN THE SUPREME COURT STATE OF ARIZONA

    )
    In the Matter of PETITION TO ) Supreme Court No. R-06-0018
    AMEND 7.1(e) OF THE )
    ARIZONA RULES OF CIVIL ) COMMENT OF THE
    PROCEDURE ) COMMITTEE ON
    ) SUPERIOR COURT
    )
    )

    The Committee on Superior Court, through undersigned, files the following comment, pursuant to Rule 28, Arizona Rules of the Supreme Court, to Petition R-06-0018, Ariz.R.C.P., relating to motions for reconsideration.

    The Committee on Superior Court has considered the State Bar’s petition to amend Rule 7.1(e) and respectfully submits this response in opposition. As the petition cogently demonstrates, appellate decisions have made clear that so-called “horizontal appeals” by way of a motion for reconsideration should not ordinarily be granted by a trial judge. Case law also recognizes an exception where there has been a substantial change in the case – in the facts, the issues, the evidence or the law. See Donlann v. Macgurn,. 203 Ariz. 380, 385, 55 P.3d 74, 79 (Ct. App. 2002). Because judges are presumed to know and apply the law, State v. Anderson, 210 Arizona 327, 111 P.3d 369 (2005), the proposed rule is unnecessary.

    Given the variations in size, location, and resources from county to county, each presiding judge must have the ability to tailor case reassignment to local circumstances. The Committee believes that the proposed rule may also place unnecessary constraints on the presiding judge’s authority.

    RESPECTFULLY SUBMITTED this 11th day of May 2007.

    COMMITTEE ON SUPERIOR COURT
    Honorable James A. Soto
    Committee on Superior Court Chair

    Electronically filed with the Clerk
    Of the Supreme Court of Arizona
    this 11th day of May 2007.

    By: Susan R. Pickard
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