Search 

Azcourts.gov

Arizona Judicial Branch

Rule Amendments from Recent Rules Agenda(s)

Rule Amendments from Recent Rules Agenda(s)

 

The following is a digest of rule amendments by the Arizona Supreme Court recently promulgated at the August 29, 2016 Rules Agenda.  Effective dates are noted for each rule amendment.

*********************************************************************

Other Recent Amendments: Minutes from the August 29, 2016 Rules Agenda

*********************************************************************

Recent Amendments from the August 29, 2016 Rules Agenda

R-12-0002 Order amending Rule 34, Rules of the Arizona Supreme Court on a permanent basis (Would allow law students to take the Uniform Arizona bar examination in February of their third year of law school), effective January 1, 2017.

R-15-0004 Order amending Rule 11, Arizona Rules of Civil Procedure, in accordance with Rule 11 shown in Rule Petition R-16-0010 (adding a new provision on sanctions designed to curb the proliferation of abusive Rule 11 accusations in court filings), effective January 1, 2017.

R-15-0035 Order amending Rules 25 (b) and 26 (b), Arizona Rules of Protective Order Procedure (injunctions against harassment), effective January 1, 2017.

R-15-0036 Order amending Rule 12, Rules of Procedure for the Juvenile Court (use of mechanical restraints on juveniles), effective January 1, 2017.

R-15-0040 Order adopting Rule 40.2, Rules of Procedure for the Juvenile Court (representation of parents in dependency cases), effective January 1, 2017.

R-15-0041 Order amending Rule 46 (d), Rules of the Arizona Supreme Court (discipline of former judges), effective January 1, 2017.

R-15-0042 Order amending Rules 45 and 58, Rules of Procedure for the Juvenile Court (educational stability of foster care children), effective January 1, 2017.

R-15-0043 Order amending Rule 11, Arizona Rules of Civil Procedure, in accordance with Rule Petition R-16-0010 (mandatory Rule 11 sanctions), effective January 1, 2017.

R-16-0004 Order amending Rule 32, Rules of the Arizona Supreme Court in accordance with Rule Petition R-16-0013 (judicial status of retired judges), effective January 1, 2017.

R-16-0005 Order amending Rule 19, Rules of Procedure for the Juvenile Court (juvenile court records), effective January 1, 2017.

R-16-0006 Order amending Rules 41 and 42, Arizona Rules of Family Law Procedure (service on incarcerated party), effective January 1, 2017.

R-16-0007 Order amending Rule 8.4, Rules of Criminal Procedure (excluded periods-speedy trial limits), effective January 1, 2017.

R-16-0008 Order amending Rule 123 (g), Rules of the Arizona Supreme Court (online display of case records), effective January 1, 2017.

R-16-0009 Order amending Rule 39, Rules of Procedure for the Juvenile Court (withdrawal of counsel in dependency cases), effective January 1, 2017.

R-16-0010 Order amending Rules 47(a), 47(d), 47(k) 48(b), 57(a), 58(d), 58(j), 79(f), 96(a), and 96(f), Rules of the Arizona Supreme Court; Rules 5(a), 7(a), 9(e), and 9(f), Arizona Rules of Civil Appellate Procedure; Rules 46.E., 74.E., and 85.A., Arizona Rules of Procedure for the Juvenile Court; Rule 2, Arizona Rules of Family Law Procedure; Rules 35.5, 35.7, and 41, Arizona Rules of Criminal Procedure; Rule 502(b), Arizona Rules of Evidence; Rules 2.H., 9.E., 10.D., 15.A., 16.B., 17.B., 17.D., 35.B., and 36A., Arizona Rules of Probate Procedure; Rules 1 and 9.i., Rules of Procedure for Eviction Actions; the “Introduction to the Justice Court Rules of Civil Procedure,” Rule 101.d., and Appendix 4, Rules of Procedure for Justice Court; and Rule 1(c), Rules of Procedure for Judicial Review of Administrative Decisions (revising the civil rules), effective January 1, 2017.

R-16-0012 Order amending Rule 32, Rules of the Arizona Supreme Court, this Court’s order regarding Rule Petition R-16-0013, and adopting Rule 44, Rules of the Arizona Supreme Court (board of legal specialization), effective January 1, 2017.

R-16-0013 Order amending Rule 32 and implementing Rule 32 (e), Rules of the Arizona Supreme Court (governance of State Bar of Arizona), effective January 1, 2017.

R-16-0014 Order amending Rules 35 (d) and 36 (h), Rules of the Arizona Supreme Court (confidentiality of medical reports or records), effective January 1, 2017.

R-16-0017 Order amending and renumbering Rule 5.1 (a), Arizona Rules of Civil Procedure, in accordance with renumbered Rule 5.3 (a) (2) in this Court’s order regarding Rule Petition R-16-0010 (substitution of attorneys), effective January 1, 2017.

R-16-0018 Order amending and renumbering Rule 49 (a), Arizona Rules of Civil Procedure, in accordance with renumbered Rule 49 (d) (2) in this Court’s order regarding Rule Petition R-16-0010 (juror signatures on non-unanimous verdicts), effective January 1, 2017.

R-16-0022 Order amending Rule 9, Arizona Rules of Procedure for Eviction Actions, by adding subsection c, on a one-year experimental basis (change of judge in eviction actions), effective January 1, 2017.  The amendment will be reopened for comment, with comments due July 14, 2017.

R-16-0023 Order amending Rule 63 and 64 (f) (1), Rules of the Arizona Supreme Court (changes to disability and reinstatement processes), effective January 1, 2017.  Consideration of the proposed amendment to Rule 59 will be continued.  This matter is open for public comment.  Comments are due October 28, 2016.

R-16-0024 Order amending Rules 7.6, Rules of Criminal Procedure (exoneration of bonds), effective January 1, 2017.

R-16-0025 Order amending Rules 19, 30 and 47, Rules of Procedure for the Juvenile Court (providing uniformity and clarity in handling documents relevant to judicial determinations in juvenile delinquency and dependency proceedings), effective January 1, 2017.

R-16-0026 Order amending Rule 31, Arizona Rules of Protective Order Procedure (protective order service), effective January 1, 2017.

R-16-0028 Order amending Rules 2, 5, 10, 14, 24, 27, 28, 41, 42, 44, 45, 49, 66, 67, 68, 73, 76, 91, 95, and 97, Arizona Rules of Family Law Procedure (change in terminology), effective January 1, 2017.

R-16-0029 Order continuing petition to amend The Oath of Admission to the Bar, A Lawyer’s Creed of Professionalism of the State Bar of Arizona, Rule 31 and Rule 41, Rules of the Arizona Supreme Court (oath of admission-lawyer’s creed), this matter is open for public comment. Comments due October 28, 2016.

R-16-0032 Order approving amendments to Local Rules 3.1, 3.2, and 3.11 (conforming the Maricopa County Local Rules to anticipated changes in the Arizona Rules of Civil Procedure proposed in Arizona Supreme Court No. R-16-0010), effective, January 1, 2017.

R-16-0033 Order adopting Rule 28.1, Rules of  the Arizona Supreme Court and Rule 83, Arizona Rules of Civil Procedure, Rule 36, Arizona Rules of Criminal Procedure, Rule 5, Rules of Procedure for the Juvenile Court, and Rule 21, Rules of Family Law Procedure are abrogated (implementing a procedure for presiding judges to request Supreme Court approval of new and amended local rules for superior courts, justice of the peace courts, and magistrate courts), effective January 1, 2017.

R-16-0034 Order amending Rule 5(a), Arizona Rules of Civil Appellate Procedure (eliminating the five calendar days currently added to the time for responding to an appellate filing that is served electronically), effective January 1, 2017.


R-16-0036 Order continuing this matter until the Court's December 2016 Rules Agenda (adding language from former Rule 8(b), Arizona Rules of Traffic and Boating Cases, which was unintentionally abrogated effective January 1, 2016; would reinstate a process by which out-of state defendants who have been charged with criminal traffic misdemeanors or petty offenses may easily resolve their cases).  This matter is open for public comment.  Comments are due October 28, 2016.

R-16-0037 Order continuing this matter until the Court's December 2016 Rules Agenda ((1)precluding the trial court from appointing a family law master on its own motion without the agreement of the parties ; (2) clarify that the court may not appoint a family law master to serve as a parenting coordinator; and (3) clarify that the court may not delegate to a family law master the court's judicial authority to make decisions concerning legal decision making or parenting time), this matter is open for public comment.  Comments are due October 28, 2016.

 

Rules Circulating for Comment from August 29, 2016 Rules Agenda listed below:


R-16-0022 Order amending Rule 9, Arizona Rules of Procedure for Eviction Actions, by adding subsection c, on a one-year experimental basis (change of judge in eviction actions), effective January 1, 2017.  The amendment will be reopened for comment, with comments due July 14, 2017.

R-16-0023 Order amending Rule 63 and 64 (f) (1), Rules of the Arizona Supreme Court (changes to disability and reinstatement processes), effective January 1, 2017.  Consideration of the proposed amendment to Rule 59 will be continued.  This matter is open for public comment.  Comments are due October 28, 2016.

R-16-0029 Order continuing petition to amend to The Oath of Admission to the Bar, A Lawyer’s Creed of Professionalism of the State Bar of Arizona, Rule 31 and Rule 41, Rules of the Arizona Supreme Court (oath of admission-lawyer’s creed), this matter is open for public comment. Comments due October 28, 2016.

R-16-0036 Order continuing this matter until the Court's December 2016 Rules Agenda (adding language from former Rule 8(b), Arizona Rules of Traffic and Boating Cases, which was unintentionally abrogated effective January 1, 2016; would reinstate a process by which out-of state defendants who have been charged with criminal traffic misdemeanors or petty offenses may easily resolve their cases).  This matter is open for public comment.  Comments are due October 28, 2016.

R-16-0037 Order continuing this matter until the Court's December 2016 Rules Agenda ((1)precluding the trial court from appointing a family law master on its own motion without the agreement of the parties ; (2) clarify that the court may not appoint a family law master to serve as a parenting coordinator; and (3) clarify that the court may not delegate to a family law master the court's judicial authority to make decisions concerning legal decision making or parenting time), this matter is open for public comment.  Comments are due October 28, 2016.

 

Next Rules Agenda will be held in December, 2016 (Date subject to change)

*******************************************************************************************

*******************************************************************************************
Rule Amendments from Recent Rules Agenda(s)

 

The following is a digest of rule amendments by the Arizona Supreme Court recently promulgated at the December 15, 2015 Rules Agenda. Effective dates are noted for each rule amendment.

*********************************************************************

Other Recent Amendments:

Minutes from the December 15, 2015 Rules Agenda

*********************************************************************

Recent Amendments from the December 15, 2015 Rules Agenda

R-15-0006 Order amending Rule 97, Forms 9-11, Arizona Rules of Family Law Procedure, on an emergency basis (Addressing issues relating to parenting coordinators), effective January 1, 2016.

R-15-0023 Order amending Rules 41, and 66-69, Rules of the Arizona Supreme Court (imposing obligation on lawyers to plan for the termination of their law practice), effective January 1, 2016.

R-15-0028 Order amending Rules 26.11, 31.5, 41, and Form 23, Arizona Rules of Criminal Procedure (procedures for exercising right to self-representation on appeal), effective January 1, 2016.

R-15-0031 Order approving adoption of Rule 2.23, Maricopa County Superior Court Local Rules of Practice (providing for certified copies of sentencing orders to be sent to ADOC electronically), effective upon date of signing.

R-15-0032 Order amending Rule 29 and adopting new form 21 (a) and Rule 41, Arizona Rules of Criminal Procedure on a permanent basis (authorizing a victim of sex trafficking who has been convicted of prostitution to apply to the court to have the conviction vacated).

R-15-0033 Order amending Rule 8, Arizona Rules of Procedure for Special Actions on a permanent basis (eliminating the filing fee for a defendant’s petition for review of a decision of the court of appeals in a case that seeks relief in a criminal case).

 

R-15-0034 Order approving the adoption of Rule CV-14, Mohave County Local Rule (Requiring a copy of a renewal affidavit for a justice court judgment filed in superior court be sent to the justice court that entered the judgment), effective January 1, 2016.

Next Rules Agenda will be held in August 31, 2016 (Date subject to change)

******************************************************************************

******************************************************************************

******************************************************************************

 

Rule Amendments from Recent Rules Agenda

The following is a digest of rule amendments by the Arizona Supreme Court recently promulgated at the August 26, 2015 Rules Agenda. Effective dates are noted for each rule amendment.

*********************************************************************

Other Recent Amendments:  Minutes from the August 26, 2015 Rules Agenda

*********************************************************************

Recent Amendments from the August 26, 2015 Rules Agenda

R-13-0046 Order amending ERs 1.10, 1.11, 1.12, 1.18, comments to ER 1.10, and Comment [8] to ER 1.0, Rule 42, Rules of the Arizona Supreme Court (modifying ethical rules on screening and imputation of conflicts of interest), effective January 1, 2016.

R-14-0029 Order amending Rules 2 (a), (b) and (c), Arizona Rules of Procedure for Judicial Performance Review (eliminating provisions relating to legislative members and clarifying who may be appointed as Chair), effective January 1, 2016.

R-14-0030 Order permanently adopting amendments to Rule 7.2 (b) and Form 4 (a), Arizona Rules of Criminal Procedure (eliminating language denying bail to undocumented immigrants).

R-14-0032 Order amending Rule 5(a), Rules of Procedure for Enforcement of Tribal Court Involuntary Commitment Orders, and Rule 5(b), Rules of Procedure for the Recognition of Tribal Court Civil Judgments (removing requirement that superior court clerk certify that no objections have been filed to a tribal court order after the time for objections has passed), effective January 1, 2016.

R-15-0001 Order amending Rule 3(D), Arizona Rules of Probate Procedure (restyling rule for consistency with Ariz. R. Evid. 403), effective January 1, 2016.

R-15-0002 Order amending Rule 2 (B)(2), Arizona Rules of Family Law Procedure (restyling rule for consistency with Ariz. R. Evid. 403), effective January 1, 2016.

R-15-0005 Order amending Rule 7.5, Arizona Rules of Criminal Procedure (allowing issuance of warrant based on a pretrial services report when a defendant violates conditions of release), effective January 1, 2016.

R-15-0006 Order amending Rule 74, Arizona Rules of Family Law Procedure (addressing issues pertaining to parenting coordinators), effective January 1, 2016.

R-15-0008 Order amending Rules 34 (b)(2), 34 (h)(3) and 36 (e)(5)(B), Rules of the Arizona Supreme Court (correcting errors in the rules), effective January 1, 2016.

R-15-0009 Order amending Rules 1, 2, and 3, Arizona Rules of Criminal Procedure, and abrogating Arizona Rules of Procedure in Traffic Cases and Boating Cases (aligning criminal and civil traffic procedures into demarcated sets of rules), effective January 1, 2016, as to all cases filed on or after that date.

R-15-0009 Order amending Rules 1, 2, and 3, Arizona Rules of Criminal Procedure, and abrogating Arizona Rules of Procedure in Traffic Cases and Boating Cases (aligning criminal and civil traffic procedures into demarcated sets of rules), effective January 1, 2016, as to all cases filed on or after that date.

R-15-0010 Order amending Arizona Rules of Protective Order Procedure and Rule 13(D), Arizona Rules of Family Law Procedure (reorganizing rules), effective January 1, 2016.

R-15-0011 Order amending Rules 15.5 and 39, Arizona Rules of Criminal Procedure (specifying procedures for withholding information from discovery and disclosure), effective January 1, 2016.

R-15-0012 Order amending Rule 7, Arizona Rules of Procedure for Special Actions (conforming provisions relating to appendices to recent changes in ARCAP 13.1), effective January 1, 2016.

R-15-0013 Order amending Rule 44 (B)(2)(d), Arizona Rules of Procedure for the Juvenile Court (disclosure in juvenile matters), effective January 1, 2016.

R-15-0017 Order amending Rules 9.1, 14.2, 14.3, and 26.3 (a)(1), Arizona Rules of Criminal Procedure, and  Forms 6, 7, 23, and 29 (notifying defendants of loss of direct appeal rights for failure to appear for sentencing), effective January 1, 2016.

R-15-0018 Order amending Rules 31, 34, 38, 39 and 42, Rules of the Arizona Supreme Court, and promulgating Rule 40 (conforming rules with recommendations of the ABA 20/20 Commission; and making accommodations changing nature of the practice of law), effective January 1, 2016.

R-15-0019 Order amending Arizona Rules of Family Law Procedure by adding new Rule 67.1 (implementing Uniform Collaborative Law Rules (form of alternative dispute resolution)), effective January 1, 2016.

R-15-0021 Order amending Rule 55 (a)(1)(ii) , Arizona Rules of Civil Procedure (clarifying party’s obligation to provide notice of application for entry of default to attorney representing party claimed to be in default), effective January 1, 2016.

R-15-0022 Order amending Rule 38 (d)(5)(A)(i), Rules of the Arizona Supreme Court (making students eligible for limited practice certification after two semesters of law school), effective January 1, 2016.

R-15-0024 Order amending Rule 41, Arizona Rules of Criminal Procedure by abrogating existing Forms 2(a) through 2(h) and substituting a new Form 2 in their place (replacing eight different warrant forms with one form), effective January 1, 2016.

R-15-0024 Supplemental order amending text of Rule 41 to make use of Form 2 mandatory.

R-15-0026 Order amending Rule 41, Arizona Rules of Criminal Procedure, Forms 4(a) and 4(b) (amending release questionnaires), effective January 1, 2016.

R-15-0027 Order amending Rule 123, Rules of the Arizona Supreme Court (relating to personnel and applicant records, implementing policies for access to and retention and destruction of electronic court records), effective January 1, 2016.

R-15-0033 Order amending Rule 8, Arizona Rules of Procedure for Special Actions (eliminating the filing fee for a defendant’s petition for review of a decision of the court of appeals in a case that seeks relief in a criminal case), on an expedited basis effective upon the date of signing.  This matter is open for public comment.  Comments are due October 30, 2015.

 

Rules Circulating for Comment from August 26, 2015 Rules Agenda listed below:

 

R-15-0033 Order amending Rule 8, Arizona Rules of Procedure for Special Actions (eliminating the filing fee for a defendant’s petition for review of a decision of the court of appeals in a case that seeks relief in a criminal case), on an expedited basis effective upon the date of signing.  This matter is open for public comment.  Comments are due October 30, 2015.

 

Next Rules Agenda will be held in December, 2015 (Date subject to change)

 

******************************************************************************

******************************************************************************

******************************************************************************

 

Rule Amendments from Recent Rules Agenda 12/16/2014

The following is a digest of rule amendments by the Arizona Supreme Court recently promulgated at the December 16, 2014 Rules Agenda. Effective dates are noted for each rule amendment.

Other Recent Amendments: Minutes from the December 16, 2014 Rules Agenda

Recent Amendments from the December 16, 2014 Rules Agenda

R-14-0019 Order permanently adopting amendments to Rule 40, Arizona Rules Family Law Procedure (when to file a paternity action), as previously adopted on an expedited basis effective July 24, 2014.

R-14-0020 Order permanently adopting amendments to Rule 31(d), Rules of the Arizona Supreme Court (small claims court representation for HOAs), as previously adopted on an expedited basis effective July 24, 2014.

R-14-0022 Order permanently adopting amendments to Rule 39(b), Arizona Rules of Criminal Procedure (conforming rule to recent legislation regarding victims’ rights), as previously adopted on an expedited basis effective July 24, 2014, with additional modifications.

R-14-0024 Order permanently adopting amendments to Rule 21, Arizona Rules of Juvenile Court Procedure (conforming rules with recent amendments relating to victims’ rights in juvenile proceedings), as previously adopted on an expedited basis effective September 1, 2014.

R-14-0025 Order permanently adopting amendments to various rules relating to Department of Child Safety (conforming rules with legislation creating the Department of Child Safety), as previously adopted on an expedited basis effective September 1, 2014.

R-14-0026 Order permanently adopting amendments to Rule 22(A), Arizona Rules of Probate Procedure (implementing new statutory provision relating to appointing guardians), as previously adopted on an expedited basis effective December 31, 2014.

R-14-0030 Order amending on an expedited basis Rule 7.2(b) and Form 4(a), Arizona Rules of Criminal Procedure (deleting language prohibiting bail for undocumented immigrants charged with serious crimes), effective December 16, 2014.  This matter is open for public comment.  Comments due May 20, 2015.

return to top