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Arizona Judicial Branch

Rule Amendments from Recent Rules Agenda(s)

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.

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

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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-15-0010 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)

 

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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.


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