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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 December 16, 2014 Rules Agenda. Effective dates are noted for each rule amendment.

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Other Recent Amendments:

Minutes from the December 16, 2014 Rules Agenda

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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.

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

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Recent Amendments from the August 26, 2014 Rules Agenda

R-13-0004 Order amending Rule 15.8, Arizona Rules of Criminal Procedure (sanctions for prosecutor’s failure to disclose material information prior to plea withdrawal), effective January 1, 2015.

R-13-0031 Order amending Rule 12.10, Arizona Rules of Criminal Procedure (requiring that defendant be brought before magistrate within ten days after indictment in counties where arraignment is not held), effective January 1, 2015.

R-13-0033 Order amending Rules 48, 51-52, 56-61, 63, and 72, Rules of the Arizona Supreme Court (clarifying the attorney discipline rules), effective January 1, 2015.

R-13-0044 Order amending Rule 67, Arizona Rules of Civil Procedure (removing requirement that non-property owners plaintiffs post cost bonds), effective January 1, 2015.

R-13-0048 Order amending Rules of the Commission on Judicial Conduct (increasing transparency/efficiency of proceedings), effective January 1, 2015.

R-13-0050 Order amending Rule 31.17(c)(1), Arizona Rules of Criminal Procedure (issuing warrants of execution in capital cases), effective January 1, 2015.

R-13-0051 Order amending Rule 45(a), Rules of the Arizona Supreme Court (authorizing CLE credit for attorneys who serve as fee dispute arbitrators), effective January, 1, 2015.

R-13-0052 Order amending Rules 53(a) and 53(b), Arizona Rules of Civil Procedure (clarifying appointment procedures for special masters), effective January 1, 2015.

R-13-0053 Order amending Rule 55(b)(1), Arizona Rules of Civil Procedure (clarifying notice and hearing requirement for default judgment by motion), effective January 1, 2015.

R-13-0054 Order amending Rule 12, Arizona Rules of Family Law Procedure (confidential court interviews of children in custody cases), effective January 1, 2015.

R-13-0055 Order amending Rules 35(D), 82(B), 83, and 84, Arizona Rules of Family Law Procedure (clarifying and conforming rules with existing practice), effective January 1, 2015.

R-13-0056 Order amending Rule 47, Arizona Rules of Family Law Procedure (conforming rule to statutory changes relating to timing of evidentiary hearings on motions for temporary orders), effective January 1, 2015.

R-13-0057 Order amending Rule 67, Arizona Rules of Family Law Procedure (correcting erroneously referenced subsections of the rule), effective January, 2015.

R-13-0058 Order amending Rule 74, Arizona Rules of Family Law Procedure (adding “choice of schools” to list of issues addressed by parenting coordinator), effective January 1, 2015.

R-13-0059 Order amending Rule 97, Arizona Rules of Family Law Procedure (amending interrogatories in Form 7 dealing with employment/legal decision-making/spousal affidavits and inventories), effective January 1, 2015.

R-13-0060 Order amending Rule 42, Rules of the Arizona Supreme Court, ERs 1.0, 1.1, 1.4, 1.6, 1.17, 1.18, 4.4, 5.3, 5.5, 7.l, 7.2, and 7.3 (conforming ethical rules to ABA Model Rules relating to technology and globalization of the practice of law), effective January 1, 2015.

R-14-0001 Order amending Rule 64.1, Arizona Rules of Civil Procedure (updating provisions regarding civil arrest warrants), effective January 1, 2015.

R-14-0002 Order amending Rules 801(d)(1)(B) and 803(6)-(8) (conforming rules to pending amendments to the Federal rules of evidence), effective January 1, 2015.

R-14-0003 Order amending Rules 5(c)(2) and 6(e), Arizona Rules of Civil Procedure (electronic service of documents) effective January 1, 2015.

R-14-0004 Order amending Rule 111, Ariz. R. Sup. Ct., Rule 28 ARCAP, and Rule 31.24, Ariz. R. Crim. P. (permitting citation of unpublished memorandum decisions and unpublished decisions from other jurisdictions), effective January 1, 2015.

R-14-0005 Order amending Rule 24.2, Arizona Rules of Criminal Procedure (prosecutors’ compliance with ER 3.8(G) when evidence shows convicted defendant is innocent), effective January 1, 2015.

R-14-0006 Order amending Rule 12.5, Arizona Rules of Criminal Procedure (presence of law enforcement/detention officer during grand jury for in custody witness), effective January 1, 2015.

R-14-0007 Order adopting Rule 32.12, Arizona Rules of Criminal Procedure (DNA testing at request of convicted felon), effective January 1, 2015.

R-14-0013 Order amending Rule 64.1 (c), Arizona Rules of Civil Procedure, and Rule 94, Arizona Rules of Family Law Procedure (clarifying and conforming language regarding issuance of arrest warrants), effective January 1, 2015.

R-14-0014 Order amending Rule 2.3, Arizona Rules of Criminal Procedure (enabling electronic filings of complaints), effective January 1, 2015.

R-14-0015 Order amending Rule 38 of the Rules of the Arizona Supreme Court (waiving pro hac vice fee for attorneys practicing in military court), effective January 1, 2015.

R-14-0016 Order amending Rule 38 of the Rules of the Arizona Supreme Court (requiring persons specially admitted to the practice of law under Rule 38 to take Arizona law course prior to admission), effective January 1, 2015.

R-14-0017 Order adopting Arizona Rules of Civil Appellate Procedure (comprehensively amending ARCAP, including stylistic and substantive revisions), effective January 1, 2015.

R-14-0021 Order amending Rules 26.9 and 31.3, Arizona Rules of Criminal Procedure (clarifying when appeal time begins to run in criminal cases), effective January 1, 2015.

Rules circulating for comments from August 26, 2014 Rules Agenda listed below:

R-14-0024 Order amending Rule 21, Rules of Procedure for the Juvenile Court on expedited basis, effective September 1, 2014.  This matter is opened for public comment.  Comments due October 31, 2014.

R-14-0025 Order amending Rules of Procedure for the Juvenile Court; Arizona Rules of Family Law Procedure; Local Rules or Practice, Superior Court, Pima County; Rules of the Arizona Supreme Court; and Arizona Rules of Civil Appellate Procedure (conforming rules with legislation creating the Department of Child Safety), effective September 1, 2014.  This matter is opened for public comment.  Comments due October 31, 2014.

R-14-0026 Order amending Rule 22, Arizona Rules of Probate Procedure (implementing new statutory provision relating to appointing guardians), effective December 31, 2014.  This matter is opened for public comment.  Comments due October 31, 2014.

Next Rules Agenda will be held in December, 2014 (Date subject to change)

  

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