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 5, 2023, Rules Agenda.  Effective dates are noted for each rule amendment.

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Other Recent Amendments: Minutes from the December 5, 2023, Rules Agenda

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Recent Amendments from the December 5, 2023, Rules Agenda:

R-20-0012 Order extending the FASTAR Program in Pima County and the FASTAR Rules until further order of the Court.

R-22-0044 Order adopting on a permanent basis various Rules of Family Law Procedure to impose deadlines for judges to enter certain types of rulings or orders, effective January 1, 2024.

R-23-0037 Order adopting on a permanent basis Rule 123(d)(6)(B) of the Rules of the Supreme Court of Arizona, which relates to mental health case records, to implement legislation from the last legislative session, effective immediately.

R-23-0038 Order adopting on a permanent basis Rules 25, 26.11, 27.4, 29.7 and 41 of the Rules of Criminal Procedure to implement legislation from the last and a prior legislative session, effective January 1, 2024.

R-23-0039 Order adopting on a permanent basis as modified Rules 16(a) and (b) and 17(a) of the Arizona Rules of Probate Procedure to implement recent legislation affecting the notice of initial hearing and required attendance at an initial hearing, effective January 1, 2024.

R-23-0040 Order adopting on a permanent basis Rules 206, 325, 327, 334 and Form 8 of the Rules of Procedure for the Juvenile Court to implement recent legislation by the Arizona legislature, effective January 1, 2024.

R-23-0041 Order adopting on a permanent basis as modified Rules 44.1 and 45 of the Rules of Family Law Procedure to modify current procedures for requesting spousal maintenance in default decrees, judgments without a hearing, and consent decrees, effective January 1, 2024.

R-23-0042 Order amending on an emergency basis as modified Rule 6.1 of the Rules of Criminal Procedure regarding the appointment of counsel at an initial appearance and the scope of that representation, effective immediately. The Court further ordered that it will decide whether to adopt the rule amendments on a permanent basis during its August 2024 Rules Agenda and reopened the petition for public comment, with all comments due no later than May 1, 2024, and any reply due no later than June 3, 2024.

R-23-0043 Order adopting on an emergency basis Rule 123(d)(7) of the Rules of the Supreme Court of Arizona to establish provisions for restricting public access in cases opened under A.R.S. Title 36, Chapter 40 involving defendants who have been involuntarily committed after a finding of incompetence and being dangerous under newly enacted A.R.S. § 13-4521, effective January 1, 2024. The Court further ordered that it will decide whether to adopt the rule amendments on a permanent basis during its August 2024 Rules Agenda and reopened the petition for public comment, with all comments due no later than May 1, 2024, and any reply due no later than June 3, 2024.

Petitions and Proposed Rule Amendments Stills Circulating for Comment after the December 5, 2023, Rules Agenda, listed below:

R-23-0042 Order amending on an emergency basis as modified Rule 6.1 of the Rules of Criminal Procedure regarding the appointment of counsel at an initial appearance and the scope of that representation, effective immediately . The Court further ordered that it will decide whether to adopt the rule amendments on a permanent basis during its August 2024 Rules Agenda and reopened the petition for public comment, with all comments due no later than May 1, 2024, and any reply due no later than June 3, 2024.

R-23-0043 Order adopting on an emergency basis Rule 123(d)(7) of the Rules of the Supreme Court of Arizona to establish provisions for restricting public access in cases opened under A.R.S. Title 36, Chapter 40 involving defendants who have been involuntarily committed after a finding of incompetence and being dangerous under newly enacted A.R.S. § 13-4521, effective January 1, 2024. The Court further ordered that it will decide whether to adopt the rule amendments on a permanent basis during its August 2024 Rules Agenda and reopened the petition for public comment, with all comments due no later than May 1, 2024, and any reply due no later than June 3, 2024.

Next Rules Agenda will be held on August 20, 2024 (Date subject to change)

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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 22, 2023, Rules Agenda.  Effective dates are noted for each rule amendment.

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Other Recent Amendments: Minutes from the August 22, 2023, Rules Agenda

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Recent Amendments from the August 22, 2023, Rules Agenda

R-22-0009 Order amending the Rules of Civil Procedure, the Rules of Criminal Procedure, the Rules of Family Law Procedure, the Rules of Procedure for the Juvenile Court, the Rules of Civil Appellate Procedure, and the Justice Court Rules of Civil Procedure regarding the use and acceptance of electronic signatures and notarized documents, effective January 1, 2024.

R-22-0023 Order amending on a permanent basis Rule 10(h) of the Rules of Procedure for Special Actions to extend the deadline for filing the opening brief of an appeal of an Industrial Commission award from 30 days after the return date of writ of review to 60 days, effective January 1, 2024.

R-22-0038 Order amending on a permanent basis the Rules of Criminal Procedure and the Rules of Procedure for the Juvenile Court regarding the detainment of juveniles transferred for criminal prosecution or charged under A.R.S. §13-501, effective immediately.

1. R-22-0039 2. Amended Order Order amending on a permanent basis Rules 26.11, Rules of Criminal Procedure, and Rules 1, 3, 4, and 42, Arizona Rules of Protective Order Procedure, and adopt a new Rule 43, Arizona Rules of Protective Order Procedure, to implement 2022 legislative session’s Senate Bill 1653 regarding lifetime no-contact injunctions, effective January 1, 2024.

R-22-0040 Order amending Rule 84(b) of the Rules of Family Law Procedure to provide that absent good cause or unless an exception applies, a motion to clarify a ruling must be filed no later than six months after the ruling’s entry, effective January 1, 2024.

R-22-0041 Order amending the civil and criminal appellate rules to clarify when a party may respond to amicus briefs filed in favor of that party and to clarify the procedure for contesting an opposing party’s entitlement to appellate attorneys’ fees, effective January 1, 2024.

R-22-0043 Order adopting a new Rule 81 to the Rules of Family Law Procedure regarding post-judgment parenting time supervision and case implementation supervision, effective January 1, 2024.

R-22-0044 Order amending on an emergency basis various Rules of Family Law Procedure to impose deadlines for judges to enter certain types of rulings or orders, effective January 1, 2024. The Court will consider whether to adopt the rule amendments on a permanent basis during its December 2023 Rules Agenda.

R-22-0047 Order amending Rule 80(a) of the Rules of Civil Procedure to allow mediators and judicial officers to use additional reliable methods of documenting agreements and settlements, effective January 1, 2024.

R-23-0001 Order amending Rule 48 of the Rules of Family Law Procedure to clarify the procedures governing the issuance of a temporary order on an emergency basis with or without notice, effective January 1, 2024.

R-23-0002 Order amending Arizona Rule of Evidence 106 to conform to the anticipated 2023 amendments to Federal Rule of Evidence 106 governing the “rule of completeness,” effective January 1, 2024.

R-23-0003 Order amending Arizona Rule of Evidence 615 to partly conform to the anticipated 2023 amendments to Federal Rule of Evidence 615 regarding the “rule of exclusion,”, effective January 1, 2024.

R-23-0004 Order amending Arizona Rule of Evidence 702 to conform to the anticipated 2023 amendments to Federal Rule of Evidence 702 regarding expert witnesses and to add a new comment, effective January 1, 2024.

R-23-0006 Order amending ER 1.15 and 2.4 of Rule 42 of the Rules of the Supreme Court of Arizona and Rule 43 of the same rules to allow lawyers who serve as third-party neutrals or expert witnesses to hold unearned fees related to those services in their client trust accounts, effective January 1, 2024.

R-23-0007 Order amending on an emergency basis Rules 44.1(e), 45(c), 78(g), 91.3, and 97 of the Rules of Family Law Procedure to require a family law court to issue an “education order” when entering any final order involving dependent children, effective January 1, 2024. The Court will consider whether to adopt the rule amendments on a permanent basis during its December 2023 Rules Agenda, after reopening the petition for public comment.

1. R-23-0009 2. Amended Order Order amending Rule 31.3(e)(1) of the Rules of the Supreme Court of Arizona to permit a non-lawyer advocate to represent a child with a disability in any informal conflict resolution method relating to the child’s evaluation for, placement in, or provision of a free appropriate public education program, effective January 1, 2024.

R-23-0011 Order amending Rule 34(f)(1)(D) & (E) and Rule 34(h)(1)(E) of the Rules of the Supreme Court of Arizona to clarify the “good standing” requirement for applicants seeking admission by motion or seeking transfer of the Uniform Bar Examination score, effective January 1, 2024.

R-23-0012 Order amending Rules 32.16(j) and 33.16(j) of the Rules of Criminal Procedure to clarify that when a petition for review is filed challenging an order ruling on a request for post-conviction relief, the superior court must transmit the entire trial court record to the Court of Appeals, effective January 1, 2024.

R-23-0014 Order amending Rules 11.1 and 11.3 through 11.7 of the Rules of Criminal Procedure to implement a recent statute authorizing a defendant to be involuntarily committed to a secure state mental health facility in certain circumstances if the defendant is found incompetent to stand trial, effective January 1, 2024.

R-23-0015 Order amending Rule 902(1)(A) of the Arizona Rules of Evidence to add the seal of “a Federally Recognized American Indian Tribe or Nation” to the list of government seals that would make a document self-authenticating, effective January 1, 2024.

R-23-0017 Order amending Rule 3.e. of the Uniform Rules of Procedure for Commissions on Appellate and Trial Court Appointments to clarify when applicants and commissioners may communicate with one another orally and in writing, effective January 1, 2024.

R-23-0018 Order amending ER 1.4, Rule 42 of the Rules of the Supreme Court of Arizona, to require an attorney to tell a client if he or she does not carry professional liability insurance, effective January 1, 2024.

R-23-0019 Order amending Rule 56(c) of the Rules of Civil Procedure to modify and clarify the procedures governing statements of facts filed in connection with summary judgment motions,  effective January 1, 2024.

R-23-0020 Order amending Rule 45 of the Rules of the Supreme Court of Arizona to authorize participants completing the State Bar’s Mentor Program to qualify for CLE credit,  effective January 1, 2024.

R-23-0021 Order amending Rule 34 of the Rules of Family Law Procedure to clarify what a party must show to obtain a continuance of a trial, hearing, or conference, effective January 1, 2024.

R-23-0022 Order amending Rule 76 of the Rules of Civil Procedure to clarify and modify post-hearing procedures for matters subject to compulsory arbitration, effective January 1, 2024.

1. R-23-0023 2. Amended Order 3. Second Amended Order Order amending Rule 35 of the Rules of Civil Procedure to reorganize, clarify, and revise the procedures governing requests for physical and mental examinations, effective January 1, 2024.

R-23-0024 Order amending Rule 2.6 of the Rules of Criminal Procedure to adopt two new subparts governing the return of a search warrant and inventory, and maintenance of search warrant records, effective January 1, 2024.

R-23-0025 Order amending Rule 611 of the Arizona Rules of Evidence and Rule 124 of the Rules of the Supreme Court of Arizona to adopt procedures and rules governing the handling of hazardous evidence in the courtroom, effective January 1, 2024.

R-23-0028 Order amending Rules 6(a)(1) and 6(a)(5) of the Superior Court Rules of Appellate Procedure-Civil regarding supersedeas bond requirements in appeals of eviction actions to provide different bond requirements for a stay of possession than for a stay of a collection action, effective January 1, 2024.

R-23-0029 Order amending Rule 123(d) of the Rules of the Supreme Court of Arizona to establish provisions for granting or restricting public access to court records in cases filed under A.R.S. Title 36, ch. 37 to determine sexually violent person status, effective January 1, 2024.

R-23-0030 Order amending Rule 55(b)(1)(A) of the Rules of Civil Procedure and a rule comment to resolve a conflict between the rule and the rule comment, and to clarify that notice and a default judgment hearing is not required in a case seeking a “sum certain” in which the defendant has been defaulted for failing to plead or otherwise defend, even if the defendant enters an appearance before the entry of a default judgment, effective January 1, 2024.

R-23-0031 Order amending Rule 38.2 of the Rules of Criminal Procedure to provide that after a prosecution resumes after the defendants fails to fulfill deferred prosecution conditions, the State may request that the defendant be given an additional opportunity to participate in the deferred prosecution program, effective January 1, 2024.

R-23-0032 Order amending Rule 43.1 of the Rules of Family Law Procedure to adopt a new subpart (i) authorizing the Clerk’s Office to distribute minute entries, notices, and other court-generated documents to party or a party’s attorney by electronic means, effective January 1, 2024.

R-23-0033 Order amending Rule 5.1(c) of the Rules of Civil Procedure and Rule 43.1(d) of the Rules of Family Law Procedure to permit subpoenas to be filed, effective January 1, 2024.

R-23-0035 Order amending Rule 33, Rules of the Supreme Court of Arizona, to establish vice-chair positions on the Committee on Character and Fitness and the Committee on Examinations and direct for their appointment by the Court in the same manner as for the appointment of the chair, effective January 1, 2024.

R-23-0036 Order replacing the current Rules of Procedure for Judicial Performance Review with a new set of rules recommended by the Judicial Performance Review Task Force, effective October 1, 2023.

R-23-0037 Order amending on an emergency basis Rule 123(d)(6)(B) of the Rules of the Supreme Court of Arizona, which is related to mental health case records, to implement legislation from the last legislative session, , effective October 30, 2023. The Court will consider whether to adopt the rule amendments on a permanent basis during its December 2023 Rules Agenda.

R-23-0038 Order amending on an emergency basis Rules 25, 26.11, 27.4, 29.7 and 41 of the Rules of Criminal Procedure to implement legislation from the last and a prior legislative session, effective October 30, 2023. The Court will consider whether to adopt the rule amendments on a permanent basis during its December 2023 Rules Agenda.

R-23-0039 Order amending on an emergency basis Rules 16(a) and (b) and 17(a) of the Arizona Rules of Probate Procedure to implement recent legislation affecting the notice of initial hearing and required attendant at an initial hearing, effective October 30, 2023. The Court will consider whether to adopt the rule amendments on a permanent basis during its December 2023 Rules Agenda, after reopening the petition for public comment.

R-23-0040 Order amending on an emergency basis Rules 206, 325, 327, and 334 of the Rules of Procedure for the Juvenile Court to implement recent legislation by the Arizona legislature, effective October 30, 2023. The Court will consider whether to adopt the rule amendments on a permanent basis during its December 2023 Rules Agenda.

R-23-0041 Order amending on an emergency basis Rules 44.1 and 45 of the Rules of Family Law Procedure to modify current procedures for requesting spousal maintenance in default decrees, judgment without a hearing, and consent decrees, effective immediately. The Court will consider whether to adopt the rule amendments on a permanent basis during its December 2023 Rules Agenda.

 

Petitions and Proposed Rule Amendments Stills Circulating for Comment after the August 22, 2023, Rules Agenda, listed below:

R-22-0044 Order amending on an emergency basis various Rules of Family Law Procedure to impose deadlines for judges to enter certain types of rulings or orders, effective January 1, 2024. The Court will consider whether to adopt the rule amendments on a permanent basis during its December 2023 Rules Agenda.

R-23-0007 Order amending on an emergency basis Rules 44.1(e), 45(c), 78(g), 91.3 and 97 of the Rules of Family Law Procedure to require a family law court to issue an “education order” when entering any final order involving dependent children, , effective January 1, 2024. The Court will consider whether to adopt the rule amendments on a permanent basis during its December 2023 Rules Agenda, after reopening the petition for public comment.

R-23-0037 Order amending on an emergency basis Rule 123(d)(6)(B) of the Rules of the Supreme Court of Arizona, which is related to mental health case records, to implement legislation from the last legislative session, effective October 30, 2023. The Court will consider whether to adopt the rule amendments on a permanent basis during its December 2023 Rules Agenda.

R-23-0038 Order amending on an emergency basis Rules 25, 26.11, 27.4, 29.7 and 41 of the Rules of Criminal Procedure to implement legislation from the last and a prior legislative session, effective October 30, 2023. The Court will consider whether to adopt the rule amendments on a permanent basis during its December 2023 Rules Agenda.

R-23-0039 Order amending on an emergency basis Rules 16(a) and (b) and 17(a) of the Arizona Rules of Probate Procedure to implement recent legislation affecting the notice of initial hearing and required attendant at an initial hearing, effective October 30, 2023. The Court will consider whether to adopt the rule amendments on a permanent basis during its December 2023 Rules Agenda.

R-23-0040 Order amending on an emergency basis Rules 206, 325, 327, and 334 of the Rules of Procedure for the Juvenile Court to implement recent legislation by the Arizona legislature, effective October 30, 2023. The Court will consider whether to adopt the rule amendments on a permanent basis during its December 2023 Rules Agenda.

R-23-0041 Order amending on an emergency basis Rules 44.1 and 45 of the Rules of Family Law Procedure to modify current procedures for requesting spousal maintenance in default decrees, judgment without a hearing, and consent decrees, effective immediately. The Court will consider whether to adopt the rule amendments on a permanent basis during its December 2023 Rules Agenda.

Next Rules Agenda will be held on December 5, 2023 (Date subject to change)

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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 6, 2022 Rules Agenda.  Effective dates are noted for each rule amendment.

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Other Recent Amendments: Minutes from the December 6, 2022 Rules Agenda

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Recent Amendments from the December 6, 2022 Rules Agenda

R-20-0031 Order dismissing petition proposing to amend the Rules of Criminal Procedure to incorporate victims' rights provisions because it is moot in light of the Court’s order in connection with rule petition R-22-0035.

R-22-0004 Order amending Rules 4(d) of the Rules of Procedure for Eviction Actions to modify the procedures governing the satisfaction of a judgment, effective January 1, 2023.

R-22-0007 Order continuing until the August 2023 Rules Agenda a rule petition proposing to amend Rule 77 and adopt a new Rule 77.1 of the Rules of Family Law Procedure to adopt an informal family trial program to increase access to justice and improve efficiency in family law matters.

R-22-0026 Order amending Rule 25(e) of the Arizona Rules of Protective Order Procedure to clarify what a court must find to justify the issuance of an injunction against harassment, effective January 1, 2023.

R-22-0027 Order amending on a permanent basis Rules 7 and 11 of the Rules of Procedure for Eviction Actions to bar courts from charging a fee for filing an answer to a complaint for forcible entry or detainer, and adopting on a permanent basis a new Rule 20 requiring courts to seal records pertaining to an eviction action if the defendant wins, the case is dismissed, or the parties stipulate to setting aside the eviction and sealing the records, effective January 1, 2023.

R-22-0028 Order amending on a permanent basis as modified Rule 26.11 of the Rules of Criminal Procedure and adopting on a permanent basis a new Rule 36.1 of the same rules to implement a recent statute governing the sealing of criminal records, effective January 1, 2023.

R-22-0029 Order amending on a permanent basis as modified Rules 3.2, 4.2, 7.3, 11.5, 14.4, 39, and 41 of the Rules of Criminal Procedure to implement several new statutes enacted in the 2022 legislative session, effective January 1, 2023.

R-22-0030 Order amending on a permanent basis Rules 3, 14, 23, 24, 25, 26, 30, 31, 32, and 42 of the Arizona Rules of Protective Order Procedure to incorporate the provisions of several statutes enacted in the last legislative session, effective January 1, 2023.

R-22-0031 Order adopting new Rules 45.1 and 78.1 of the Rules of Family Law Procedure to implement the recently enacted SB 1383 by creating a summary consent decree procedure allowing an amicable divorce at reduced cost and authorizing a court to terminate a legal separation, effective January 1, 2023.

R-22-0032 Order amending Rules 26.10, 26.11, 27.5, 30.1, 30.2, 30.3, 30.5,  30.6, and 41 of the Rules of Criminal Procedure to implement the recently enacted HB 2119 to (among other things)  allow a person’s civil rights to be automatically restored when certain criteria have been met, effective January 1, 2023.

R-22-0033 Order amending on a permanent basis various procedural rules and forms to implement a recent statute (SB 1115) to change references to “notary” to “notarial officer”, effective January 1, 2023.

R-22-0034 Order amending on a permanent basis fourteen of the Rules of Procedure for the Juvenile Court to implement recent statutory changes adopted during the 2021 and 2022 legislative session, effective January 1, 2023.

R-22-0035 Order amending about forty rules of the Rules of Criminal Procedure to incorporate existing statutory and rule-based victims’ rights provisions, effective July 1, 2023.

R-22-0036 Order amending on a permanent basis Rule 60 of the Rules of the Supreme Court of Arizona to provide that a prevailing party in a State Bar disciplinary proceeding may recover attorney fees and costs in certain circumstances, effective January 1, 2023.

R-22-0037 Order amending on a permanent basis as modified Rules 30 and 123 of the Rules of the Supreme Court of Arizona to implement statutes enacted in the 2021 and 2022 legislative sessions, effective January 1, 2023.

R-22-0038 Order amending on an emergency basis various Rules of Criminal Procedure and Rules of Procedure for the Juvenile Court regarding the detainment of juveniles transferred for criminal prosecution or charged under A.R.S. §13-501, effective immediately. 

R-22-0039 Order amending on an emergency basis Rules 26.11, Rules of Criminal Procedure, and Rules 1, 3, 4, and 42, Arizona Rules of Protective Order Procedure, and adopting on an emergency basis a new Rule 43, Arizona Rules of Protective Order Procedure, to implement last legislative session’s Senate Bill 1653 regarding lifetime no-contact injunctions, effective January 1, 2023.

Rules Circulating for Comment from August 23, 2022, Rules Agenda listed below:

R-22-0038 Order amending on an emergency basis various Rules of Criminal Procedure and Rules of Procedure for the Juvenile Court regarding the detainment of juveniles transferred for criminal prosecution or charged under A.R.S. §13-501, effective immediately. The Court will decide whether to adopt this rule and these rule amendments on a permanent basis at its August 2023 Rules Agenda, and has reopened the public comment period until May 1, 2023, with any reply due June 1,2023. 

R-22-0039 Order amending on an emergency basis Rules 26.11, Rules of Criminal Procedure, and Rules 1, 3, 4, and 42, Arizona Rules of Protective Order Procedure, and adopting on an emergency basis a new Rule 43, Arizona Rules of Protective Order Procedure, to implement last legislative session’s Senate Bill 1653 regarding lifetime no-contact injunctions, effective January 1, 2023. The Court will decide whether to adopt this rule and these rule amendments on a permanent basis at its August 2023 Rules Agenda, and has opened the public comment period for this rule, these rule amendments, and petition until May 1, 2023, with any reply due no later than June 1, 2023. 

Next Rules Agenda will be held on August 22, 2023 (Date subject to change)

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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 23, 2022, Rules Agenda.  Effective dates are noted for each rule amendment.

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Other Recent Amendments: Minutes from the August 23, 2022, Rules Agenda

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Recent Amendments from the August 23, 2022, Rules Agenda

R-20-0044 Order acting on the supplemental petition to adopt on a permanent basis Rules 349, 350 and 419 of the Rules of Procedure for the Juvenile Court, to adopt on a permanent basis an amendment to Rule 43.1 of the Rules of Family Law Procedure, and to amend Form 7 of the Rules of Procedure for the Juvenile Court, all effective January 1, 2023.

R-21-0043 Order amending on a permanent basis Rule 56(c) of the Rules of the Supreme Court of Arizona, effective immediately, to include a provision expanding the authority of bar counsel to enter diversion agreements, which was originally adopted by the Court in R-19-0040 but was inadvertently abrogated in R-20-0034.

R-21-0044 Order amending on a permanent basis Rule 96, Rules of the Supreme Court of Arizona, to authorize a presiding judge to appoint former judges with ten years or more experience as Senior Commissioners to hear and determine civil and criminal matters, effective January 1, 2023.

R-21-0045 Order amending on a permanent basis the Rules of Civil Procedure, the Rules of Criminal Procedure, and other rules to modify, among other things, the rules pertaining to jury questionnaires, voir dire, and challenges for cause, effective immediately.

R-21-0046 Order amending ARCAP 4(g) to eliminate the portion of the rule allowing a party to file a certificate of service five days after filing a document, effective January 1, 2023.

R-21-0047 Order amending Rule 42.1 of the Rules of the Supreme Court of Arizona to provide that requests for opinions from the Ethics Advisory Committee must be submitted to Committee staff at the Administrative Office of the Courts, Certification and Licensing Division (rather than the Supreme Court Clerk), that Committee Staff (and not the Clerk) would be responsible for posting Committee opinions on the Supreme Court website, and that persons would no longer have the right to seek reconsideration of a Committee opinion after it is posted, effective January 1, 2023.

R-21-0049 Order amending Rule 55(b)(2)(C) of the Rules of the Supreme Court of Arizona to eliminate the five-page limitation for a complainant’s written objection to the State Bar’s recommendation and the respondent’s written response to the Bar’s Report of Investigation, effective January 1, 2023.

R-21-0050 Order amending Rules 34(b) and 76(b) of the Arizona Rules of Family Law Procedure to modify the current rules’ provisions governing the parties’ obligation to consult with one another in connection with certain pretrial proceedings, effective January 1, 2023.

R-21-0051 Order amending Rules 6.1, 7.3, and 7.4 of the Rules of Criminal Procedure to modify the procedures governing pretrial release, effective January 1, 2023.

R-22-0001 Order amending comment 4 to ER 7.1 (Rule 42, Rules of the Supreme Court of Arizona) to reinstate the phrase “or retired” in the comment’s second sentence, which would explicitly permit a law firm’s name to include the name of a retired member of the firm, effective January 1, 2023.

R-22-0002 Order amending Rule 2.6 of the Rules of Criminal Procedure governing the procedures for search warrant applications requesting an unannounced entry or nighttime service, effective March 1, 2023. 

R-22-0003 Order amending Rule 27.6 of the Rules of Criminal Procedure to clarify the procedures for release determinations in superior court and limited jurisdiction courts after the filing of a petition to revoke probation, effective January 1, 2023.

R-22-0005 Order amending Rules 78 and 91 of the Arizona Rules of Family Law Procedure to better define “judgment” and clarify when post-judgment rulings are appealable, effective immediately.  The order further provides that the amendments apply to all cases filed or after the filing date of the order, and in all cases pending the superior courts and appellate courts on the filing date of the order.  Last, it provides that if a court in a pending case has entered judgment under former Rule 78(b) or (c) of the Rules of Family Law Procedure, the judgment is to be deemed to have been entered under Rule 78(b) or (c) of those rules as amended by the order.  

R-22-0006 Order amending Rule 14 of the Arizona Rules of Family Law Procedure to provide an alternative means of verification when a filing must be verified, effective January 1, 2023. 

R-22-0008 Order amending Rules 45(c) and (e) of the Arizona Rules of Probate Procedure to require a conservator to provide statements, appraisals, or other documentation to support his or her initial inventory and to attach to the annual account any HUD-1 or similar settlement statement for any real property that was sold during the account period, effective January 1, 2023.

R-22-0010 Order amending Rule 76(b)(1)(B) of the Arizona Rules of Family Law Procedure to provide that a party’s resolution statement must set forth the party’s position without argument in support of the position, effective January 1, 2023.

R-22-0011 Order amending Rule 17 and adopting a new Rule 17.1 of the Rules of Civil Procedure to more precisely define the appropriate parties to an action, clarify who may bring an action on behalf of (or defend an action against) a minor, adult in need of protection, or incapacitated person, and provide procedures for the appointment of a guardian ad litem for an alleged incapacitated person or an adult in need of protection, effective January 1, 2023.

R-22-0012 Order amending Rules 30 and 32 of the Rules of Civil Procedure to clarify the notice attorneys must provide and the procedures they must follow to video-record depositions, including depositions video-recorded by cell phone or tablet, effective January 1, 2023.

R-22-0013 Order amending Rule 38 of the Rules of the Supreme Court of Arizona to make minor changes to notice requirements and other provisions, and amending the accompanying comments to reinsert a comment regarding inhouse counsel, effective January 1, 2023.

R-22-0014 Order amending Rule 51(a)(2) of the Rules of Family Law Procedure to correct an incorrect cross-reference, so it refers to Rule 60 rather than Rule 61, effective immediately.

R-22-0015 Order amending Rule 76.1 of the Rules of Family Law Procedure to provide additional time to settle on pretrial statements and procedures for the statement’s preparation and adopting a new rule requiring the submission of a Notice of Issues at least 20 days before trial, effective January 1, 2023.

R-22-0019 Order amending Rule 45 of the Arizona Rules of Probate Procedure to require a conservator to amend his or her initial inventory before the first account if the conservator discovers additional assets or learns that an asset’s value is erroneous or misleading, effective January 1, 2023.

R-22-0020 Order amending Rules 34, 35, and 36 of the Rules of the Supreme Court of Arizona to clarify the “good standing” requirement with respect to eligibility to sit for the Arizona uniform bar examination and to clarify that an applicant aggrieved by a decision of the Committee on Character and Fitness does not have the right to file a reply brief in support of a petition for review to the Supreme Court, effective January 1, 2023.

R-22-0022 Order adding a new comment to ER 1.5 (Rule 42 of the Rules of the Supreme Court of Arizona) to clarify a lawyer’s ethical obligations when dividing a client’s fee with a person or entity outside of the lawyer’s firm, effective January 1, 2023.

R-22-0025 Order amending Rule 36(e)(2) of the Rules of the Supreme Court of Arizona to permit members of the Committee on Character and Fitness to appear virtually at an informal inquiry and not just in-person, effective January 1, 2023.

R-22-0027 Order amending on an emergency basis Rules 7, 11, and Appendix A (Residential Eviction Information Sheet) of the Rules of Procedure for Eviction Actions, and adopting on an emergency basis a new Rule 20 of the same rules, to conform to statutory changes enacted by HB 2484 and HB 2485, effective September 24, 2022.

R-22-0028 Order amending on an emergency basis Rule 26.11 of the Rules of Criminal Procedure and adopting on an emergency basis a new Rule 36.1 of the same rules to implement a recent statute governing the sealing of criminal records, effective January 1, 2023.

R-22-0029 Order amending on an emergency basis Rules 3.2, 4.2, 7.3, 11.5, 14.4, 39, and 41 of the Rules of Criminal Procedure to implement SB 1075, SB 1602, HB 2709, and HB 2372 from the 2022 legislative session, with the amendments to Rules 7.3, 11.5, and 39 and to Form 6 of Rule 41 becoming effective September 24, 2022 and the amendments to Rules 3.2, 4.2, 14.4, and to Form 3(a) of Rule 41 becoming effective January 1, 2023.

R-22-0030 Order amending on an emergency basis Rules 3, 14, 23, 24, 25, 26, 30, 31, 32, and 42 of the Arizona Rules of Protective Order Procedure to incorporate the provisions of several statutes enacted in the last legislative session, effective September 24, 2022.

R-22-0031 Order adopting on an emergency basis new Rules 45.1 and 78.1 of the Rules of Family Law Procedure to implement provisions of the recently enacted SB 1383, which (among other things) creates a “Summary Consent Decree” to allow an amicable divorce at a lower cost and authorizes a court to terminate a legal separation, effective September 24, 2022.

R-22-0033 Order amending on an emergency basis various procedural rules and forms to implement a recently enacted statute (SB 1115) to change references to “notary” to “notarial officer,” effective immediately.

R-22-0034 Order amending on an emergency basis fourteen of the Rules of Procedure for the Juvenile Court to implement recent statutory changes adopted during the 2021 and 2022 legislative session, effective September 24, 2022.

R-22-0036 Order amending on an emergency basis Rule 60 of the Rules of the Supreme Court of Arizona to provide that a prevailing respondent in a State Bar disciplinary proceeding may recover attorney fees and costs in certain circumstances, effective immediately.

R-22-0037 Order amending on an emergency basis Rules 30 and 123 of the Rules of the Supreme Court of Arizona to implement statutes enacted in the 2021 and 2022 legislative sessions, effective September 24, 2022.

Rules Circulating for Comment from August 23, 2022, Rules Agenda listed below:

R-22-0026 This petition proposes to amend Rule 25(e) of the Arizona Rules of Protective Order Procedure to clarify what a court must find to justify the issuance of an injunction against harassment.  On June 6, 2022, the Court opened the petition for public comment, with comments due no later than October 3, 2022, and any reply due no later than October 17, 2022.  The Court will consider this petition at its December 2022 Rules Agenda.

R-22-0027 Following the August 2022 Rules Agenda, the Court entered an order amending on an emergency basis Rules 7, 11, and Appendix A (Residential Eviction Information Sheet) of the Rules of Procedure for Eviction Actions, and adopting on an emergency basis a new Rule 20 of the same rules, to conform to statutory changes enacted by HB 2484 and HB 2485.  On June 24, 2022, the Court opened this petition for public comment, with comments due no later than October 3, 2022, and any reply due no later than October 17, 2022.  The Court will decide whether to adopt the new rule and these amendments to the rules and Appendix A on a permanent basis at its December 2022 Rules Agenda.

R-22-0028 Following the August 2022 Rules Agenda, the Court entered an order amending on an emergency basis Rule 26.11 of the Rules of Criminal Procedure and adopting on an emergency basis a new Rule 36.1 of the same rules to implement a recent statute governing the sealing of criminal records.  On June 28, 2022, the Court opened this petition for public comment, with comments due no later than October 3, 2022, and any reply due no later than October 17, 2022. The Court will decide whether to adopt this new rule and the rule amendments on a permanent basis at its December 2022 Rules Agenda.

R-22-0029 Following the August 2022 Rules Agenda, the Court entered an order amending on an emergency basis Rules 3.2, 4.2, 7.3, 11.5, 14.4, 39, and 41 of the Rules of Criminal Procedure to implement SB 1075, SB 1602, HB 2709, and HB 2372 from the 2022 legislative session.  On June 29, 2022, the Court opened the petition for public comment, with comments due no later than October 3, 2022, and any reply due no later than October 17, 2022. The Court will decide whether to adopt these amendments to the rules and forms on a permanent basis at its December 2022 Rules Agenda.

R-22-0030 Following the August 2022 Rules Agenda, the Court entered an order amending on an emergency basis Rules 3, 14, 23, 24, 25, 26, 30, 31, 32, and 42 of the Arizona Rules of Protective Order Procedure to incorporate the provisions of several statutes enacted in the last legislative session. On July 1, 2022, the Court opened the petition for public comment, with comments due no later than October 3, 2022, and any reply due no later than October 17, 2022. The Court will decide whether to adopt these rule amendments on a permanent basis at its December 2022 Rules Agenda.

R-22-0031 Following the August 2022 Rules Agenda, the Court entered an order adopting on an emergency basis new Rules 45.1 and 78.1 of the Rules of Family Law Procedure to implement provisions of the recently enacted SB 1383, which (among other things) creates a “Summary Consent Decree” to allow an amicable divorce at a lower cost and authorizes a court to terminate a legal separation.  On July 6, 2022, the Court opened the petition for public comment, with comments due no later than October 3, 2022, and any reply due no later than October 17, 2022. The Court will decide whether to adopt these rules on a permanent basis at its December 2022 Rules Agenda.

R-22-0032 The petition proposes amending on an emergency basis Rules 26.10, 26.11, 27.5, 30.1 through 30.6, and 41 of the Rules of Criminal Procedure to implement the recently enacted HB 2119, which allows a person’s civil rights to be restored when certain criteria have been met.  On July 6, 2022, the Court opened this petition for public comment, with comments due no later than October 3, 2022, and any reply due no later than October 17, 2022.  Following the August 2022 Rules Agenda, the Court entered an order continuing the Court’s consideration of the petition. At its December 2022 Rules Agenda, the Court will decide whether to adopt these amendments, or decide whether to adopt them on a permanent basis if they are adopted earlier on an emergency basis. 

R-22-0033 Following the August 2022 Rules Agenda, the Court entered an order amending on an emergency basis various procedural rules and forms to implement a recent statute (SB 1115) to change references to “notary” to “notarial officer.”  On July 6, 2022, the Court opened the petition for public comment, with comments due no later than October 3, 2022, and any reply due no later than October 17, 2022. The Court will decide whether to adopt these amendments to the rules and forms on a permanent basis at its December 2022 Rules Agenda.

R-22-0034 Following the August 2022 Rules Agenda, the Court entered an order amending on an emergency basis fourteen of the Rules of Procedure for the Juvenile Court to implement recent statutory changes adopted during the 2021 and 2022 legislative session. On July 11, 2022, the Court opened the petition for public comment, with comments due no later than October 3, 2022, and any reply due no later than October 17, 2022. The Court will decide whether to adopt these rule amendments on a permanent basis at its December 2022 Rules Agenda.

R-22-0035 This petition sets forth possible amendments to about forty rules of the Rules of Criminal Procedure to insert victims’ rights provisions.  On July 13, 2022, the Court opened the petition for public comment, with comments due no later than October 3, 2022, and any reply due no later than October 17, 2022.  The Court will consider this petition at its December 2022 Rules Agenda.

R-22-0036 Following the August 2022 Rules Agenda, the Court entered an order amending on an emergency basis Rule 60 of the Rules of the Supreme Court of Arizona to provide that a prevailing respondent in a State Bar disciplinary proceeding may recover attorney fees and costs in certain circumstances.  On July 18, 2022, the Court opened the petition for public comment, with comments due no later than October 3, 2022, and any reply due no later than October 17, 2022. The Court will decide whether to adopt these rule amendments on a permanent basis at its December 2022 Rules Agenda.

R-22-0037 Following the August 2022 Rules Agenda, the Court entered an order amending on an emergency basis Rules 30 and 123 of the Rules of the Supreme Court of Arizona to implement statutes enacted in the 2021 and 2022 legislative sessions. On July 25, 2022, the Court opened the petition for public comments, with comments due no later than October 3, 2022, and any reply due no later than October 17, 2022.  The Court will decide whether to adopt these rule amendments on a permanent basis at its December 2022 Rules Agenda.

Next Rules Agenda will be held on December 6, 2022 (Date subject to change)

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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 7, 2021 Rules Agenda.  Effective dates are noted for each rule amendment.

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Other Recent Amendments: Minutes from the December 7, 2021 Rules Agenda

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Recent Amendments from the December 7, 2021 Rules Agenda

R-20-0012 Order re the Rules for the Fast Trial and Alternative Resolution Program, effective December 31, 2021.

R-20-0013 Order amending civil, criminal and other procedural rules re electronic recording of court proceedings, effective January 1, 2022.

R-20-0044 Order abrogating the current Rule of Procedure for the Juvenile Court (“Juvenile Court Rules”) and replacing them with a new set of rules, amend Rule of Civil Procedure 81.1, adopt on an emergency basis new Juvenile Court Rules 349, 350, and 419, adopt on an emergency basis an amendment to Rule 43.1 of the Arizona Rules of Family Law Procedure, and adopt seven recommended forms, effective July 1, 2022.

R-21-0027 Order amending Rule 64(f)(1)(B) of the Rules of the Supreme Court of Arizona to provide for reinstatement to the bar by applicants who were not previously suspended or disbarred, effective January 1, 2022.

R-21-0028 Order adopting a new Form 5(c) to the Appendix to Rule 41 of the Rules of Criminal Procedure for defendants’ use in limited jurisdiction courts to request a court-appointed attorney and to provide a supporting financial statement, effective January 1, 2022.

R-21-0029 Order adopting on a permanent basis amendments to various rules of the Rules of Criminal Procedure to conform to statutory changes enacted in the last legislative session, effective January 1, 2022.

R-21-0031 Order adopting on a permanent basis amendments to Rules 3, 32, 34, and 42 of the Arizona Rules of Protective Order Procedure to reflect recent statutory changes, effective January 1, 2022.

R-21-0032 Order adopting on a permanent basis the adoption of a new Rule 37.1 of the Arizona Rules of Family Law Procedure to create a procedure for the appointment of a guardian ad litem in family law proceedings if the court has reason to believe that one of the parties is incapacitated or is an adult in need of protection, adopting on a permanent basis an amendment to Rule 37 of the same rules to replace references to a person being “incompetent” to saying that the person is “incapacitated” (along with other changes), adopting on a permanent basis amendments to Rule 3 of the same rules to include additional definitions, and adopting on a permanent basis amendments to Rule 36 of the same rules to alter certain provisions regarding minors and changing “incompetent person” to “incapacitated person or adult in need of protection,” all effective January 1, 2022.

R-21-0033 Order adopting on a permanent basis amendments to Rules 10 and 24.1 of the Arizona Rules of Court Procedure for Civil Traffic and Civil Boating Violations, and certain forms, to conform the rules and forms to recent statutory enactments, effective January 1, 2022.

R-21-0034 Order adopting on a permanent basis amendments to Rules 2, 8, 13, 32, 33, 34, and 53 of the Arizona Rules of Probate Procedure to conform the rules to a recent statutory enactment authorizing a court in a probate matter to appoint a guardian ad litem for a minor, incapacitated person, unborn or unascertained person, or a person whose identify or location is unknown, effective January 1, 2022.

R-21-0036 Order adopting on a permanent basis amendments to Rules 94 and 102 of the Arizona Rules of Procedure for the Juvenile Court to conform the rules to a recent statutory enactment regarding the showing a minor must make to qualify for emancipation, effective January 1, 2022.

R-21-0037 Order adopting on a permanent basis amendments to Rule 83(A)(8) of the Arizona Rules of Procedure for the Juvenile Court, which concerns the documents that must be submitted to a court to finalize an adoption, to conform to a recent statutory enactment, effective January 1, 2022.

R-21-0038 Order adopting on a permanent basis amendments to Rules 10, 28, 40, 62, 64, and 65 of the Arizona Rules of Procedure for the Juvenile Court regarding the appointment of counsel and guardians ad litem for certain juvenile proceedings to conform the rules to a recent statutory enactment, effective January 1, 2022.

R-21-0039 Order adopting on a permanent basis amendments to Rules 5, 6, and 11 of the Arizona Rules of Eviction Procedure, and Appendix A to those rules, to conform the rules and appendix to a recent statutory enactment permitting a party, attorney, or witness to appear remotely at an initial appearance of a special detainer or forcible detainer proceeding using a telephone or video conference connection, effective January 1, 2022.

R-21-0045 Order adopting on an emergency basis amendments to the Rules of Civil Procedure, the Rules of Criminal Procedure, and other rules to modify, among other things, the rules pertaining to jury questionnaires, voir dire, and challenges for cause, effective January 1, 2022.

Rules Circulating for Comment from the December 7, 2021 Rules Agenda Listed Below:

R-21-0045 Order adopting on an emergency basis amendments to the Rules of Civil Procedure, the Rules of Criminal Procedure, and other rules to modify, among other things, the rules pertaining to jury questionnaires, voir dire, and challenges for cause, effective January 1, 2022. This matter shall be opened for public comment as to whether these amendments should be adopted permanently, with comments due by no later than May 1, 2022 and any reply due no later than June 1, 2022. The Court will consider this issue at its August 2022 Rules Agenda.

Next Rules Agenda will be held August 23, 2022 (Date subject to change)

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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 24, 2021 Rules Agenda.  Effective dates are noted for each rule amendment.

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Other Recent Amendments: Amended Minutes from the August 24, 2021 Rules Agenda

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Recent Amendments from the August 24, 2021 Rules Agenda

R-20-0012 Petition to permanently adopt and amend the Rules for the Fast Trial and Alternative Resolution Program. The petition was continued, but newly proposed amendments to the FASTAR rules were opened for public comment.  Comments are due October 15, 2021, and any reply is due no later than October 29, 2021.

R-20-0044 Order adopting on an interim basis Rule 52.1 of the Rules of Procedure for the Juvenile Court, effective September 1, 2021.

R-21-0001 Order amending the Arizona Code of Judicial Conduct, Rule 81 of Rules of the Supreme Court of Arizona, to specify that judges may respond to allegations about their conduct, including attacks on their character and reputation, effective January 1, 2022.

R-21-0002 Order amending Rule 20 of the Arizona Rules of Family Law Procedure to add a new (b)(9) allowing the filing of copies of certain federal forms for use in interstate cases in lieu of filing an original, effective January 1, 2022. 

R-21-0003 Order amending Rule 35 of the Arizona Rules of Protective Order Procedure and Rules 91.6 and 91.7 of the Arizona Rules of Family Law Procedure to adopt provisions governing harassment injunctions, effective January 1, 2022.

R-21-0004 Order amending Rules of Criminal Procedure 11(b) to require disclosure of an expert’s qualifications and, if no expert report is prepared, disclosure of a summary of the general subject matter and opinions about which the expert is expected to testify, effective January 1, 2022.

R-21-0005 Order helping to implement Proposition 207 by amending the Rules of Court Procedure for Civil Traffic and Civil Boating Violations to incorporate procedures governing civil marijuana violations.  Amendments to Rule 10, Forms 1, 7, 8, and 11 of those rules, including amendments to that rule and forms that were adopted on an emergency basis by the Court in its order for Rule Petition R-21-0033, are effective September 29, 2021. Amendments to other rules (Rules 1-9, 10.1, 10.2, 11-37, 46 and Forms 2-6, 9-10) are effective January 1, 2022.

R-21-0007 Order amending Rules 2, 12, and 16 of the Arizona Rules of Probate Procedure to specifically authorize and facilitate virtual appearances at probate proceedings by interested parties, effective January 1, 2022.

R-21-0009 Order amending Rules 32, 42 (ER 8.3), and 48 of the Rules of the Supreme Court of Arizona to strengthen the State Bar’s Member Assistance Program, effective January 1, 2022.

R-21-0010 Order adopting a new Rule 16.1 of the Arizona Rules of Protective Order Procedure permitting the amendment of a petition for protective order and specifying related procedures, effective January 1, 2022.

R-21-0011 Order amending the offer of judgment rule in Rule 68 of Rules of Civil Procedure to modify the sanctions available if a judgment is less (or more) than an offer and to exempt from the rule actions where only injunctive relief is sought, effective January 1, 2022.  The amendments are applicable only to offers of judgment served on or after January 1, 2022.

R-21-0012 Order amending Rule 1 of the Rules of the Supreme Court of Arizona to eliminate the provision requiring the filing of multiple copies of an application for issuance of writ and to amend ARCAP 4.1 to eliminate the provision requiring the filing of multiple copies of a brief filed under seal, effective January 1, 2022.   

R-21-0013 Order amending Rule 34(f)(4) of the Rules of the Supreme Court of Arizona to provide that an applicant shall not be eligible for admission on motion if within three years of filing the application, the applicant has either failed the Arizona uniform bar examination, or passed the uniform bar examination in another jurisdiction but failed to achieve the Arizona scaled score, effective January 1, 2022.

R-21-0015 Order amending Rules 75 through 80 of the Rules of the Supreme Court of Arizona to clarify and improve the rules pertaining to the unauthorized practice of law in Arizona, effective January 1, 2022.

R-21-0017 Order amending Rules 34(f) and (h) of the Rules of the Supreme Court of Arizona to address applicants for admission on motion who chose not to continue admission in other jurisdictions and resigned in good faith, effective January 1, 2022.

R-21-0018 Order amending Rule 42.1 of the Rules of the Supreme Court of Arizona to (among other things) expand the jurisdiction of the Attorney Ethics Advisory Committee to include ethical issues relating to licensed Legal Paraprofessionals, effective January 1, 2022.

R-21-0020 Order amending Rules 18.4 and 18.5 of the Rules of Criminal Procedure, and Rule 47(e) of the Rules of Civil Procedure 47(e) (and related comments) by eliminating peremptory challenges in jury selection in criminal and civil trials, effective January 1, 2022.  The amendments apply only to jury selection that occurs after January 1, 2022.  The order further requests the Task Force on Jury Data, Collection, Practices, and Procedures to consider whether the criminal or civil rules should be expanded or otherwise modified with respect to for-cause challenges to accommodate the abolition of peremptory strikes. The Task Force is requested to propose any needed revisions by November 1, 2021.

R-21-0021 Order amending Rules 4.1 and 4.2 of the Rules of Civil Procedure to clarify and modify the existing rules regarding service by publication, effective January 1, 2022.

R-21-0022 Order amending Rules 6.1, 7.2, and 7.4 of the Rules of Criminal Procedure to modify bail and release provisions, effective January 1, 2022.

R-21-0023 Order adopting on a permanent basis Rule 36 of the Rules of Criminal Procedure providing a procedure for expunging past convictions for certain marijuana-related offenses, effective January 1, 2022.

R-21-0024 Order amending Rule 14.3 of the Rules of Criminal Procedure 14.3 to permit limited jurisdiction courts to conduct arraignments by telephone if the offense is a misdemeanor or civil traffic violation, effective January 1, 2022.

R-21-0027 Order amending on an emergency basis Rule 64(f)(1)(B) of the Rules of the Supreme Court of Arizona to provide for reinstatement to the State Bar by applicants who were not previously suspended or disbarred, effective immediately.  The Court will decide whether to adopt these rule amendments on a permanent basis at its December 2021 Rules Agenda.

R-21-0029 Order amending on an emergency basis Rules 4.1, 7.6, 11.3, 26.10, 29.3, 29.7, and 41 (Form 31(b)) of the Rules of Criminal Procedure to conform to recent statutory enactments.  The amendments to Rule 7.1 are effective January 1, 2022; the rest are effective September 29, 2021.  The Court will decide whether to adopt these rule amendments on a permanent basis at its December 2021 Rules Agenda.

R-21-0031 Order amending on an emergency basis Rules 3, 32, 34, and 42 of the Arizona Rules of Protective Order Procedure to conform to recent statutory enactments, effective September 29, 2021.  The Court will decide whether to adopt these rule amendments on a permanent basis at its December 2021 Rules Agenda.

R-21-0032 Order amending on an emergency basis Rules 3, 36, and 37 of the Arizona Rules of Family Law Procedure and adopting on an emergency basis a new Rule 37.1 of those same rules to create a procedure for the appointment of a guardian ad litem in a family law proceeding if the court has reason to believe that one of the parties is incapacitated or is an adult in need of protection, effective September 29, 2021.  The Court will decide whether to adopt these rule amendments on a permanent basis at its December 2021 Rules Agenda. 

R-21-0033 Order amending on an emergency basis Rules 10, 21.4, and Forms 1, 7, 8, 11 of the Rules of Court Procedure for Civil Traffic and Civil Boating Violations to conform the rules and forms to recent statutory enactments, effective September 29, 2021. The Court will decide whether to adopt these rule amendments on a permanent basis at its December 2021 Rules Agenda.

R-21-0034 Order amending on an emergency basis Rules 2, 8, 13, 32, 33, 34, and 53 of the Arizona Rules of Probate Procedure to conform the rules to a recent statutory enactment authorizing a court in a probate matter to appoint a guardian ad litem for a minor, an incapacitated, unborn, or unascertained person, or a person whose identity or location is unknown, effective September 29, 2021.  The Court will decide whether to adopt these rule amendments on a permanent basis at its December 2021 Rules Agenda.

R-21-0036 Order amending on an emergency basis Rules 94 and 102 of the Rules of Procedure for the Juvenile Court to conform the rules to a recent statutory enactment regarding the showing a minor must make to qualify for emancipation, effective September 29, 2021.  The Court will decide whether to adopt these rule amendments on a permanent basis at its December 2021 Rules Agenda.

R-21-0037 Order amending on an emergency basis Rule 83(A)(8) of the Rules of Procedure for the Juvenile Court, which concerns the documents that must be submitted to a court to finalize an adoption, to conform to a recent statutory enactment, effective September 29, 2021.  The Court will decide whether to adopt these rule amendments on a permanent basis at its December 2021 Rules Agenda.

R-21-0038 Order amending on an emergency basis Rules 10, 28, 40, 62, and 65 of the Rules of Procedure for the Juvenile Court, which pertains to the appointment of counsel and guardians ad litem for certain juvenile proceedings, to conform the rules to a recent statutory enactment, effective September 29, 2021.  The Court will decide whether to adopt these rule amendments on a permanent basis at its December 2021 Rules Agenda.  

R-21-0039 Order amending on an emergency basis Rules 5, 6, 11, and Appendix A of the Rules of Procedure for Eviction Actions to conform the rules and appendix to a recent statutory enactment, effective September 29, 2021.  The Court will decide whether to adopt these rule amendments on a permanent basis at its December 2021 Rules Agenda.

Rules Circulating for Comment from August 24, 2021 Rules Agenda listed below:

R-20-0012 Petition to permanently adopt and amend the Rules for the Fast Trial and Alternative Resolution Program. The petition was continued, but newly proposed amendments to the FASTAR rules were opened for public comment.  Comments are due October 15, 2021, and any reply is due no later than October 29, 2021.

Next Rules Agenda will be held in December 7, 2021 (Date subject to change)

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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, 2020 Rules Agenda.  Effective dates are noted for each rule amendment.

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Other Recent Amendments: Minutes from the December 15, 2020 Rules Agenda

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Recent Amendments from the December 15, 2020 Rules Agenda

R-20-0038 Order amending on an emergency basis Rules 23 and 38, Arizona Rules of Protective Order Procedure, and associated forms, to implement statutory changes regarding certain notice and hearing rights, adopted on a permanent basis, effective January 1, 2021.

R-20-0039 Order amending on an emergency basis certain precinct case transfer provisions in Rule 2.1, Rules of Criminal Procedure, and Rule 3, Rules of Court Procedure for Civil Traffic and Civil Boating Violations, adopted on a permanent basis, effective January 1, 2021.

R-20-0043 Order amending Supreme Court Rule 33.1 to make disclosure of ABS licensure records subject to Supreme Court Rule 123, effective January 1, 2021.

Next Rules Agenda will be held in August 24, 2021 (Date subject to change)

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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 25, 2020 Rules Agenda.  Effective dates are noted for each rule amendment.

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Other Recent Amendments: Minutes from the August 25, 2020 Rules Agenda

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Recent Amendments from the August 25, 2020 Rules Agenda

R-19-0036 Order amending the Terminology Section and Rules 7 and 9(e), Rules on Judicial Conduct, to abrogate an outdated definition and duplicative language, and to amend Rule 9(e) to permit issuance of press releases to inform the public when appropriate, effective January 1, 2021.

R-19-0043 Order amending Rule 81, Part D, Rules of the Supreme Court, to include volunteer pro tempore Small Claims and Civil Traffic Hearing Officers who are appointed under state statute, effective January 1, 2021.

R-19-0044 Order amending Rules 34, 35, and 37, Rules of the Supreme Court, to authorize the Court to select the chairs of the Committees on Examinations and on Character and Fitness and to set minimum passing scores for the Uniform Bar Exam and Multistate Professional Responsibility Exam, effective January 1, 2021.

R-19-0046 Order amending Rule 144(e), Justice Court Rules of Civil Procedure, to reduce the time for "dismissal for failure to conclude a lawsuit" from ten months to nine months, effective January 1, 2021.

R-19-0049 Order amending Rule 10, Arizona Rules of Court Procedure for Civil Traffic and Civil Boating Violations, to allow certain defendants to admit responsibility online and be granted an online payment plan, effective January 1, 2021.

R-19-0050 Order amending Rule 2, Tax Court Rules of Practice, to delete an outdated cross-reference to former Rule 42(f), Rules of Civil Procedure, and to replace it with an updated reference to Rule 42.1, Rules of Civil Procedure, effective January 1, 2021.

R-20-0001 Order to clarify various civil, criminal, and special action appellate rules by amending ARCAP 11.1(d)(1), 18(c), and 21(b)(1); Rule of Criminal Procedure 31.6 and 31.21(k); State Bar Committee Note to Arizona Special Action Rule 8; and Supreme Court Rule 28.1(d); and by adopting a new ARCAP 16(f) and Rule of Criminal Procedure 31.6(e), effective January 1, 2021. 

R-20-0002Order amending Rule 38, Arizona Rules of Protective Order Procedure, to clarify the applicable procedures when one or both of parties fail to appear at a contested hearing, effective January 1, 2021.

R-20-0003 Order amending Rule 39(a), Rules of the Supreme Court, to eliminate pro hac vice requirements in Indian Child Welfare Cases, effective January 1, 2021.

R-20-0004 Order amending Rules 3.2 and 4.1, and Rule 41 Forms 2(a) and 2(b), Rules of Criminal Procedure, to revise certain provisions regarding arrest warrants and to modify arrest warrant forms, effective January 1, 2021.

R-20-0005 Order amending Rule 17.1(f)(1) and Rule 41, Form 28, Rules of Criminal Procedure, to include provisions regarding telephonic pleas in limited jurisdiction courts and to modify a form consistent with those provisions, effective January 1, 2021.

R-20-0006 Order amending Rules 7, 8.1, 16, 26.2, 37, 55, and 84 (Forms 11(a), 12(a), 13(a), and 14(a), Rules of Civil Procedure, to make minor technical and clarifying changes, effective January 1, 2021.

R-20-0007 Order amending on a permanent basis Rule 39(c), Rules of the Supreme Court, to clarify the requirements for student practice and practice by recent law school graduates, effective January 1, 2021.

R-20-0008 Order amending Rule 3, Rules of Procedure for Judicial Review of Administrative Decisions, to modify the standard required for a stay of an administrative agency decision, effective January 1, 2021.

R-20-0010 Order amending a number of provisions in the Rules of Procedure for the Foster Care Review Boards and the Supplemental Rules of the State Foster Care Review Board regarding Board procedure, effective January 1, 2021.

R-20-0011 Order amending Rule 404(b), Arizona Rules of Evidence, to conform to the anticipated 2020 amendments to Federal Rule of Evidence 404(b), effective January 1, 2021.

R-20-0016 Order amending Rule 37(b), Arizona Rules of Family Law Procedure, to permit a court to continue an action if a party becomes incapacitated, effective January 1, 2021.

R-20-0017 Order amending Rule 97, Arizona Rules of Family Law Procedure, to add a form for a "good faith consultation certificate," effective January 1, 2021.

R-20-0018 Order adopting a new Rule 16.3, Rules of Civil Procedure, regarding settlements of claims for minors and adults in need of protection, effective January 1, 2021.

R-20-0020 Order amending Rules 34 through 37, Rules of the Supreme Court, regarding admission to the practice of law in Arizona, effective January 1, 2021.

R-20-0025 Order amending the class action provisions in Rules 23(c) and (e), Rules of Civil Procedure, to incorporate some but not all of recent amendments to Federal Rule of Civil Procedure 23, effective January 1, 2021.

R-20-0028 Order amending Rule 12, Rules of Civil Procedure, to require good faith consultation before filing certain Rule 12 motions, and abrogating Rule 8.1(e)(4), Rules of Civil Procedure, because the amendments to Rule 12 makes this provision superfluous,  effective January 1, 2021.

R-20-0030 Order amending ERs 7.1 through 7.5 of Rule 42, Rules of the Supreme Court, regarding lawyer advertising, solicitation, and referral, effective January 1, 2021.

R-20-0033 Order amending Rule 44(a)(2)(E), Arizona Rules of Family Law Procedure, to modify the rule’s requirements for a proof of service, effective January 1, 2021.

R-20-0034 Order intending to facilitate the delivery of legal services by abrogating current Supreme Court Rule 31; adopting new Supreme Court Rule 33.1; amending or abrogating ERs 1.0, 1.5, 1.6, 1.7, 1.8, 1.10, 1.17, 5.1, 5.3, 5.4, 5.7 and 8.3 in Supreme Court Rule 42; amending Supreme Court Rules 32, 41, 43, 46-51, 54-58, 60, 63, 66, 67, 75 and 76; adopting new Arizona Rule of Evidence 513, effective January 1, 2021.

R-20-0035 Order adopting on a permanent basis amendments to Rules 128 through 134, Rules of the Supreme Court, governing the procedures for nominations for appointment to the Independent Redistricting Commission, effective January 1, 2021.

R-20-0036 Order adopting a new Rule 94.1, Rules of the Supreme Court, establishing an ethics board for clerks of court, effective January 1, 2021.

R-20-0038 Order amending on an emergency basis Rules 23 and 38, Arizona Rules of Protective Order Procedure, and associated forms, effective August 25, 2020.

R-20-0039 Order amending on an emergency basis certain case transfer provisions in Rule 2.1, Rules of Criminal Procedure, and Rule 3, Rules of Court Procedure for Civil Traffic and Civil Boating Violations, effective on the date of the filing of the order in August 2020.

Rules Circulating for Comment from August 25, 2020 Rules Agenda listed below:

R-20-0038 whether to adopt on a permanent basis amendments to Rules 23 and 38, Arizona Rules of Protective Order Procedure, and associated forms, with comments due on October 1, 2020 and any reply due on October 15, 2020.  The Court will consider this issue at its December 2020 Rules Agenda.

R-20-0039 whether to adopt on a permanent basis amendments pertaining to certain case transfer provisions in Rule 2.1, Rules of Criminal Procedure, and Rule 3, Rules of Court Procedure for Civil Traffic and Civil Boating Violations, with comments due on October 1, 2020 and any reply due on October 15, 2020.  The Court will consider this issue at its December 2020 Rules Agenda.

Next Rules Agenda will be held in December 15, 2020 (Date subject to change)

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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 10, 2019 Rules Agenda.  Effective dates are noted for each rule amendment.

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Other Recent Amendments: Minutes from the December 10, 2019 Rules Agenda

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Recent Amendments from the December 10, 2019 Rules Agenda

R-18-0044 Order amending the Arizona Rules of Probate Procedure effective January 1, 2020. 

R-19-0011 Order abrogating Rules 38-40, Rules of the Arizona Supreme Court, and adopting news Rules 38 and 39 (to rationalize exceptions to the usual attorney admission process) effective May 1, 2020.

R-19-0012 Order Supplemental Petition (Expedited Consideration and Emergency Adoption Requested) - ADOPTED, on an emergency basis, effective January 1, 2020. R-19-0012 Criminal Procedure Rule 35.3 is amended to refer to Criminal Procedure Rule 35.2 rather than Criminal Procedure Rule 33.2. R-19-0012 Order amendments to Criminal Procedure Rules 32.2(b) and 33.2(b) are permanently adopted as shown in the attachment to this order and to correct a typographical error, Criminal Procedure Rule 32.2(b) is amended to reflect a cross-reference to Rule 32.2(a)(2) rather than to 32.1(a)(2), as shown in the attachment to this order. R-19-0012 The comment to Criminal Procedure Rule 35.3 is amended to refer to Criminal Procedure Rule 35.3 rather than Criminal Procedure Rule 33.3. 

R-19-0020 Order amending the Arizona Justice Court Rules of Civil Procedure to Assure Proportionality by Conforming Discovery Limits in Justice Court Cases to the Limits in Tier 1 Cases Under ARCP 26.2 (would amend Rules 123, 124, 125, and 126, Arizona Justice Court Rules of Civil Procedure, to limit discovery to align with the Rules of Civil Procedure) effective January 1, 2020.

R-19-0037 Order amending Rules 47.1, 48, and 79, Rules of Procedure for the Juvenile Court (would amend Juvenile Rules to conform with legislation requiring the juvenile court (a) to determine whether extended foster care is in a young adult's best interest and (b) to hold expedited hearings on a child's removal from home or adoption) on a permanent basis.

R-19-0038 Order amending Rules 11.S, 26.11, 29.1, 30.1, 30.2, 39, and Rule 41 of the Rules of Criminal Procedure (would amend several criminal rules and forms to bring them in line with 2019 legislation on mental competency, restoring civil rights, setting aside convictions, and victims' rights) on a permanent basis. 

R-19-0039 Order amending the Rules of Procedure for Judicial Performance Review in the State of Arizona (would amend rules governing the Judicial Performance Review of merit-selected judges and justices as recommended by the Judicial Performance Review Task Force) on a permanent basis.

R-19-0040 Order amending Rule 56 of the Arizona Rules of Supreme Court (Expedited Consideration Requested) (would authorize bar counsel to enter into diversion agreements with state bar discipline case respondents during investigation as well as intake) effective January 1, 2020.

Next Rules Agenda will be held in August, 2020 (Date subject to change)

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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 26, 2019 Rules Agenda.  Effective dates are noted for each rule amendment.

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Other Recent Amendments: Minutes from the August 26, 2019 Rules Agenda

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Recent Amendments from the August 26, 2019 Rules Agenda

R-18-0021 Order amending Rule 101(b), Justice Court Rules of Civil Procedure and adopting Arizona Rules of Small Claims Procedure (enacts new rules of procedure for small claims lawsuits in justice courts) effective January 1, 2020.

R-18-0024 Order amending Rule 64 (f)(1)(B), Rules of the Arizona Supreme Court (clarifies the language of Rule 64(f)(1)(B), Arizona Rules Supreme Court, and eliminate reference to Bar Counsel rendering findings re the need to show rehabilitation) effective January 1, 2020.

R-18-0035 Order adopting Rule 15.3 (a), Rules of Criminal Procedure (reverts language in Criminal Rule 15.3(a) from "victim" to "those excluded by Rule 39(b)" to allow prosecutors to seek depositions of crime victims who are unavailable to testify at trial) effective August 27, 2019.

R-18-0036 Order amending Rules 4(e), 8(a), and Rule 12(d) of the Superior Court Rules of Appellate Procedure-Civil (replaces references to the Rules of Civil Procedure in the Rules of Superior Court Appellate Procedure-Civil with references to the Justice Court Rules of Civil Procedure) effective January 1, 2020.

R-18-0039 Order adopting Rule 28.1, Arizona Rules of Probate Procedure on an emergency basis (preserves the default of no jury trial unless requested in probate guardianship and conservatorship matters, consonant with Title 14, A.R.S.) effective until January 1, 2020.

R-18-0041 Order amending comment to Rule 807, Arizona Rules of Evidence (conforms the comment to Rule 807, Ariz. Rules of Evidence to reflect the projected effective date of changes to Federal Rule of Evidence 807) effective January 1, 2020.

R-18-0042 Order amending Rule 13, Rules of Procedure for Judicial Review of Administrative Decisions (amends ARPJRAD 13 to require that one may only appeal a superior court ruling in an administrative appeal that complies with Ariz. R. Civ. P. 54(b) or (c)) effective January 1, 2020.

R-18-0044 Order abrogating and replacing rules for Arizona Rules of Probate Procedure (amends the Arizona Rules of Probate Procedure to conform to modern usage and to clarify and simplify language) effective January 1, 2020.

R-19-0003 Order amending Rule 5.4, Arizona Rules of Civil Procedure (amends Rule 5.4, Arizona Rules of Civil Procedure to add a definition and subsection setting procedures for placing case-initiating documents under seal) effective January 1, 2020.

R-19-0004 Order amending Rule 34(b)(1)(D), Rules of the Arizona Supreme Court (permits attorneys who have practiced law in Arizona under Rule 38(f) of the Rules of the Supreme Court to apply to sit for the Arizona uniform bar examination) effective January 1, 2020.

R-19-0009 Order amending Rule 123, Arizona Rules of the Supreme Court, and Rules 3, 7, 10, 14, 20, 23, 24, 25, 26, 29, 31, 32, 33, 36, and 42 of the Arizona Rules of Protective Order Procedure (amends Rule 123, Rules of the Supreme Court, and the Arizona Rules of Protective Order Procedure to comply with statutory amendments concerning orders of protection and injunctions against harassment) effective January 1, 2020.

R-19-0010 Order amending Rule 37(c), Rules of the Arizona Supreme Court (amends Rule 37(c) to permit disclosure to a bar applicant's law school of detailed, applicant-specific information to analyze their graduates' performance on each part of the Arizona bar exam) effective March 1, 2020.

R-19-0012 Order abrogating Rule 32, Arizona Rules of Criminal Procedure, and order adopting new Rule 32. Order renumbering Rule 33, Arizona Rules of Criminal Procedure as Rule 35. Order adopting new Rule 33, Arizona Rules of Criminal Procedure, and Rule 17.1. Order adopting new forms for Rule 41 Forms (Form 23(a), Form 23(b), Form 24(b), Form 25, Form 25(b), Form 26) (amends substantively and reorganizes Rules 32 and 33, Arizona Rules of Criminal Procedure, concerning post-conviction relief) effective January 1, 2020.

R-19-0013 Order amending Rules 5.4, 7.2, and 7.4, Rules of Criminal Procedure (modifies Rules 5.4, 7.2, and 7.4, Arizona Rules of Criminal Procedure, to permit the state to use bail eligibility hearing findings to establish probable cause and to allow for continuances) effective January 1, 2020.

R-19-0014 Order amending Rules 27.1, 27.3, and 27.4, Rules of Criminal Procedure (amends Rules 27.1, 27.3, and 27.4, Arizona Rules of Criminal Procedure, to set and clarify requirements for modification of conditions of probation and early termination of probation) effective January 1, 2020.

R-19-0017 Order amending Rules 44.1, 47.2, and 79, Arizona Rules of Family Law Procedure (amends Rule 47.2(a), Arizona Rules of Family Law Procedure, to add a process for post-decree temporary orders for child support) effective January 1, 2020.

R-19-0018 Order amending Rules 5(d) and 10(a) and (c), Rules of Procedure for Eviction Actions (amends Rules 5(d) and 10(a), Arizona Rules of Procedure for Eviction Actions, to require the landlord to serve additional relevant documents with the complaint) effective January 1, 2020.

R-19-0019 Order amending Rule 26(c), Rules of Arizona Civil Procedure (amends Rule 26(c), Arizona Rules of Civil Procedure, to clarify that requests for and orders concerning documents filed under seal must comply with Rule 5.4) effective January 1, 2020.

R-19-0026 Order amending Rule 70, Rules of the Arizona Supreme Court (amends Rule 70, Arizona Rules of the Supreme Court, to clarify the scope of public access to state bar information and records) effective January 1, 2020.

R-19-0039 Order amending Rules of Procedure for Judicial Performance Review, Rules of the Supreme Court on an emergency basis (would amend rules governing the Judicial Performance Review of merit-selected judges and justices as recommended by the Judicial Performance Review Task Force) effective September 1, 2019. This matter is open for public comment. Comments are due October 7, 2019, and any reply due October 18, 2019.

Rules Circulating for Comment from August 26, 2019 Rules Agenda listed below:

R-19-0039 Order amending Rules of Procedure for Judicial Performance Review, Rules of the Supreme Court on an emergency basis (would amend rules governing the Judicial Performance Review of merit-selected judges and justices as recommended by the Judicial Performance Review Task Force) effective September 1, 2019. This matter is open for public comment. Comments are due October 7, 2019, and any reply due October 18, 2019.

Next Rules Agenda will be held in December, 2019 (Date subject to change)

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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 12, 2018 Rules Agenda.  Effective dates are noted for each rule amendment.

Other Recent Amendments: Minutes from the December 12, 2018 Rules Agenda

Recent Amendments from the December 12, 2018 Rules Agenda

R-18-0005 Order amending Rule 123, Rule of the Supreme Court, and Rules 19, 47, 75, and 86, Rules of Procedure for the Juvenile Court (would provide guidance to the custodian of records on appropriate access to juvenile case records based on the role of the requester as to the child(ren)) effective January 1, 2019.

R-18-0026 Order amending Rules 24.3 and 26.12, Rules of Criminal Procedure, and Rule 24.1, Rules of Court Procedure for Civil Traffic and Civil Boating Violations (would authorize courts to mitigate certain monetary fines, assessments, and penalties after sentencing in criminal and civil traffic cases) effective January 1, 2019.

R-18-0028 Order amending Rules 26.11, 29, and 41, and adopting Rule 30 of Arizona Rules of Criminal Procedure (would amend Criminal Rules 26.11, 29, 30, and 41 to conform to legislative changes re: process to set aside a conviction proposed by Fair Justice for All Task Force) effective January 1, 2019.

R-18-0029 Order adopting Rules 1 and 31, Rules of Procedure for the Juvenile Court (would modify Juvenile Ct. Rules to retain jurisdiction over a person aged at least 17 who has been adjudicated delinquent until age 19 unless the court terminates jurisdiction earlier or Department of Juvenile Corrections discharges him/her earlier).

R-18-0030 Order amending Rule 47.3, Rules of Procedure for the Juvenile Court Concerning Child Removal (would modify Rule 47.3 to implement amendments to ARS § 8-821 enacted by Laws 2018, Ch. 191, altering the standard of proof from "reasonable grounds" to "probable cause.").

R-18-0031 Order adopting Rules 4.2 and 7.2 of the Arizona Rules of Criminal Procedure (would modify Criminal Rules 4.2 and 7.2 to conform with recent changes in the bail laws) effective immediately.

R-18-0033 Order adopting Rule 8.1, Arizona Rules of Civil Procedure (would permanently adopt Rule 8.1, Ariz. R. Civ. P., "Assignment and Management of Commercial Cases" as amended) effective January 1, 2019.

R-18-0039 Order adopting Rule 28.1, Arizona Rules of Probate Procedure (would preserve the default of no jury trial unless requested in probate guardianship and conservatorship matters, consonant with Title 14, A.R.S.) effective January 1, 2019. This matter is open for public comment for Rule 28 (B)(2), Arizona Rules of the Supreme Court.  Comments are due May 1, 2019.

Rules Circulating for Comment from December 12, 2018 Rules Agenda listed below:

R-18-0039 Order adopting Rule 28.1, Arizona Rules of Probate Procedure (would preserve the default of no jury trial unless requested in probate guardianship and conservatorship matters, consonant with Title 14, A.R.S.) effective January 1, 2019. This matter is open for public comment for Rule 28 (B)(2), Arizona Rules of the Supreme Court.  Comments are due May 1, 2019.

Next Rules Agenda will be held in August 28, 2019 (Date subject to change)

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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 27, 2018 Rules Agenda.  Effective dates are noted for each rule amendment.

Other Recent Amendments: Minutes from the August 27, 2018 Rules Agenda

Recent Amendments from the August 27, 2018 Rules Agenda

R-17-0033 Order amending Rule 113(i), Justice Court Rules of Civil Procedure (would amend time for service in Justice Court Civil cases from 120 days to 90 days, to conform with Rule 4(i), Arizona Civil Rules of Procedure Rule used in Superior Court Civil cases) effective January 1, 2019.

R-17-0035 Order amending and renumbering Rule 49(c)(2)(C)(ii), Rules of the Supreme Court of Arizona (proposed rule is intended to remove the unintended punitive effect on respondents of the current rule which requires posting of probation on the State Bar website for five years), effective January 1, 2019.

R-17-0043 Order amending Rule 123(g)(1), Rules of the Supreme Court of Arizona (would require under Rule 123(g), Rules of the Supreme Court of Arizona that court clerks afford equal remote electronic access to court records to both counsel and self-representing litigants, including in Family Law cases), effective January 1, 2019.

R-17-0047 Order amending the Terminology Section of the Rules of the Commission on Judicial Conduct (would amend the Rules of the Commission Terminology Section), effective January 1, 2019.

R-17-0048 Order denying petition for Rule 34 (f)(4), Rules of the Supreme Court of Arizona. The Court notes that the Attorney Regulation Advisory Committee is currently reviewing the rule provisions relating to admission on motion (would delete Rule 34(f)(4), Rules of the Supreme Court of Arizona, which makes a person ineligible for bar admission on motion if the person failed to achieve an Arizona scaled score on the uniform bar examination within five years of the date of filing an application.)

R-17-0052 Order amending Rules 47, 48 and 58, Rules of the Supreme Court of Arizona (would amend Rules 47, 48, and 58 of the Rules of the Supreme Court of Arizona to correct capitalization and cross-references, to add a notice requirement for production of documents, and to change the time for initial discovery requests in attorney discipline matters), effective January 1, 2019.

R-17-0053 Order amending Rule 37(d)(1), Rules of the Supreme Court of Arizona (would amend Rule 37, Rules of the Supreme Court of Arizona to allow for partial refund of bar exam fees to applicants who must first obtain approval from the Committee on Examinations to sit for the exam, whose approval occurs after the registration deadline, and who withdraw from taking the exam), effective January 1, 2019.

R-17-0054 Order amending Rule 9, Arizona Rules of Civil Appellate Procedure, current Arizona Rules of Family Law Procedure, except Forms 1 through 5 and 7 through 16 of Rule 97, be abrogated and replaced with the rules and Form 6.  Current Forms 1 through 5 and 7 through 16 of Rule 97 will remain in effect until further order of the Court. (would comprehensively restyle and revise the Rules of Family Law Procedure), new and amended rules will apply to all actions filed on or after January 1, 2019.

R-18-0002 Order amending Rule 28, Rules of the Supreme Court of Arizona (would update, restyle, and reorganize Rule 28, Rules of the Supreme Court of Arizona, the "rulemaking rule"), effective January 1, 2019.

R-18-0003 Order amending Rule 807, Arizona Rules of Evidence (would amend Rule 807, Arizona Rule of Evidence to conform to pending amendment of Rule 807, Federal Rule of Evidence), effective January 1, 2019.

R-18-0006 Order adopting new Rule 42.1, Rules of the Supreme Court of Arizona (would add Rule 42.1, Rules of the Supreme Court of Arizona, creating an Attorney Ethics Advisory Committee that can issue lawyer ethics, professionalism, and unauthorized practice of law opinions), effective January 1, 2019.

R-18-0007 Order amending Rule 26(b)(4), Arizona Rules of Civil Procedure (would conform Arizona procedure with federal procedure on the discoverability of draft expert reports and communications between parties' attorneys and experts), effective January 1, 2019.

R-18-0008 Order amending Rules 1001, 1002, 1004, 1006, 1007, 1008, Arizona Rules of Evidence; Rules 15.1, 15.2, 15.3, Arizona Rules of Criminal Procedure; Rules 16, 44, 73, Arizona Rules of Procedure for the Juvenile Court; and Rule 10, Arizona Rule of Procedure for Eviction Actions (would amend rules of evidence to expressly reference digital evidence and various rules of procedure to specifically address disclosure of electronically stored information), effective January 1, 2019.

R-18-0011 Order promulgated Rule 13, Rules of Procedure for Judicial Review of Administrative Decisions (would expressly provide by rule that appeal from a superior court decision in an administrative appeal should be to the Arizona Court of Appeals in the first instance, not the Arizona Supreme Court), effective January 1, 2019.

R-18-0012 Order amending Rule 11.5 and 11.6, Arizona Rules of Criminal Procedure (would amend Rules 11.5 and 11.6, Arizona Rules of Criminal Procedure, to enable the courts to more effectively deal with individuals in the justice system who have mental health issues), effective January 1, 2019.

R-18-0014 Order amending Rules 32, 46-49, 53, 55-58, and 60-63, Rules of the Supreme Court of Arizona (would clarify the process for appointing and overseeing the functions of Chief Bar Counsel), effective January 1, 2019.

R-18-0015 Order amending Rule 32(c)(7), Rules of the Supreme Court of Arizona (would authorize the executive director of the state bar to waive the dues of a member for personal hardship, subject to board of governors review of denial), effective January 1, 2019.

R-18-0016 Order amending Rule 45, Rules of the Supreme Court of Arizona (would amend Rule 45, Rules of the Supreme Court of Arizona, to eliminate outdated provisions and to allow future changes in delinquency fees without further rule amendment), effective January 1, 2019.

R-18-0017 Order amending Rule 7, Arizona Rules of Civil Appellate Procedure and, Rules 62 and 69, Arizona Rules of Civil Procedure (would clarify the appeal bond scheme and computation of bond amounts, adopt aspects of Rule 62, Federal Rules of Civil Procedure, and create an automatic discovery stay), effective January 1, 2019.

R-18-0018 Order amending Rules 38, 39, 49, 77, and 84, Arizona Rules of Civil Procedure (would simplify the procedure for getting a jury trial to ensure against waiver by mere inadvertence and to eliminate the jury demand trap in cases removed to federal court), effective January 1, 2019.

R-18-0020 Order amending Rules 5(b), 5(c), and 13(a), Rules of Procedure for Eviction Actions (would streamline pleading requirements for eviction actions against tenants whose housing is subsidized and ensure that landlords seek monetary judgments against tenants only for the tenant's portion of subsidized rent), effective January 1, 2019.

R-18-0022 Order adopting amended Rule 1.6(b)(1)(E), Arizona Rules of Criminal Procedure on a permanent basis (would amend the Rules of Criminal Procedure to set page limits for handwritten appellate pleadings and to require an original and one copy of such pleadings).

Next Rules Agenda will be held in December 11, 2018 (Date subject to change)

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The following is a digest of rule amendments by the Arizona Supreme Court recently promulgated at the June 8, 2018 Rules Agenda.  Effective dates are noted for each rule amendment.

Other Recent Amendments: Minutes from the June 8, 2018 Rules Agenda

Recent Amendments from the June 8, 2018 Rules Agenda

R-18-0028 Order amending Rules 26.11, 29, and 41, and adopting Rule 30, Arizona Rules of Criminal Procedure (would amend Criminal Rules 26.11, 29, 30, and 41 to conform to legislative changes re: process to set aside a conviction proposed by Fair Justice for All Task Force), effective August 3, 2018. This matter is open for public comment. Comments are due September 28, 2018, and any Reply due October 19, 2018.

R-18-0029 Order amending Rules 1 and 31, Rules of Procedure for the Juvenile Court (would modify Juvenile Ct. Rules to retain jurisdiction over a person aged at least 17 who has been adjudicated delinquent until age 19 unless the court terminates jurisdiction earlier or Dep't of Juv. Corr. discharges him/her earlier.), effective immediately on an emergency basis. This matter is open for public comment. Comments are due September 28, 2018, and any Reply due October 19, 2018.

R-18-0030 Order amending Rule 47.3, Rules of Procedure for the Juvenile Court Concerning Child Removal (Would modify Rule 47.3 to implement amendments to ARS § 8-821 enacted by Laws 2018, Ch. 191, altering the standard of proof from "reasonable grounds" to "probable cause."), effective July 1, 2018. This matter is open for public comment. Comments are due September 28, 2018, and any Reply due October 19, 2018.

R-18-0031 Order amending Rules 4.2 and 7.2, Arizona Rules of Criminal Procedure (would modify Criminal Rules 4.2 and 7.2 to conform with recent changes in the bail laws), effective July 1, 2018. This matter is open for public comment. Comments are due September 28, 2018, and any Reply due October 19, 2018.

Rules Circulating for Comment from June 8, 2018 Rules Agenda listed below:

R-18-0028 Order amending Rules 26.11, 29, and 41, and adopting Rule 30, Arizona Rules of Criminal Procedure (would amend Criminal Rules 26.11, 29, 30, and 41 to conform to legislative changes re: process to set aside a conviction proposed by Fair Justice for All Task Force), effective August 3, 2018. This matter is open for public comment. Comments are due September 28, 2018, and any Reply due October 19, 2018.

R-18-0029 Order amending Rules 1 and 31, Rules of Procedure for the Juvenile Court (would modify Juvenile Ct. Rules to retain jurisdiction over a person aged at least 17 who has been adjudicated delinquent until age 19 unless the court terminates jurisdiction earlier or Dep't of Juv. Corr. discharges him/her earlier.), effective immediately on an emergency basis. This matter is open for public comment. Comments are due September 28, 2018, and any Reply due October 19, 2018.

R-18-0030 Order amending Rule 47.3, Rules of Procedure for the Juvenile Court Concerning Child Removal (Would modify Rule 47.3 to implement amendments to ARS § 8-821 enacted by Laws 2018, Ch. 191, altering the standard of proof from "reasonable grounds" to "probable cause."), effective July 1, 2018. This matter is open for public comment. Comments are due September 28, 2018, and any Reply due October 19, 2018.

R-18-0031 Order amending Rules 4.2 and 7.2, Arizona Rules of Criminal Procedure (would modify Criminal Rules 4.2 and 7.2 to conform with recent changes in the bail laws), effective July 1, 2018. This matter is open for public comment. Comments are due September 28, 2018, and any Reply due October 19, 2018.

Next Rules Agenda will be held in August 27, 2018 (Date subject to change)

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The following is a digest of rule amendments by the Arizona Supreme Court recently promulgated at the December 11, 2017 Rules Agenda. Effective dates are noted for each rule amendment.

Other Recent Amendments: Minutes from the December 11, 2017 Rules Agenda

Recent Amendments from the December 11, 2017 Rules Agenda

R-16-0022 Order amending Rule 9, Arizona Rules of Procedure for Eviction Actions by adding new subsection c on a permanent basis (change of judge in eviction actions).

R-16-0046 Order amending Rule 41, Arizona Rules of Criminal Procedure as restyled in R-17-0002 (amend Form 4(a) to create a uniform risk assessment form to assist courts making a lethality determination in a domestic violence charge), effective April 2, 2018.

R-17-0036 Order approving abrogation and replacement of Pinal County Superior Court Local Rules (would establish local rules of practice for Pinal County Superior Court), effective January 1, 2018

R-17-0038 Order adopting Rules 61 and 62, Rules of Procedure for the Juvenile Court (permitting the juvenile courts to implement amendments to A.R.S. §§ 8-871 and 8-872 that extend the permanent guardianship process to pending dependencies).

R-17-0039 Order adopting Rule 29.1 and Rule 41 Form 21(a) (would amend Criminal Rules 29.1 and 41, Form 21(a) to allow a sex trafficking victim to ask a municipal court to vacate a conviction having elements the same as or similar to A.R.S. § 13-3214), effective January 1, 2018.

R-17-0040 Order amending Rule 26.10, Arizona Rules of Criminal Procedure (would add shoplifting to the list of offenses which require the collection of fingerprints at sentencing, consistent with the amendment to A.R.S. § 13-607).

R-17-0041 Order amending Rules 11.4, 11.5, and 11.7, Arizona Rules of Criminal Procedure as restyled in R-17-0002 (would amend Rule 11, Arizona Rules of Criminal Procedure to implement new statutory provisions concerning competency determinations in criminal cases), effective April 2, 2017.

R-17-0042 Order amending Rule 2, Arizona Rules of Procedure for Enforcement of Tribal Court Involuntary Commitment Orders (would amend Rules of Procedure for Enforcement of Tribal Court Involuntary Commitment Orders to permit electronic or facsimile filing of such orders and associated documents).

R-17-0046 Order adopting Rule 47.3, Rules of Procedure for the Juvenile Court (would add Rule 47.3 to the Rules of Procedure for the Juvenile Court, implementing an amendment to A.R.S. § 8-821(A), which permits a juvenile court in a dependency petition to issue a pre-petition order that authorizes the Department of Child Safety to take temporary custody of a child), effective July 1, 2018.

R-17-0025 Order amending Rule 64(D), Arizona Rules of Procedure for the Juvenile Court (incorporating recently adopted federal regulations that implement the Indian Child Welfare Act), effective retroactively to August 10, 2017.

Next Rules Agenda will be held in August 27, 2018 (Date subject to change)

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The following is a digest of rule amendments by the Arizona Supreme Court recently promulgated at the August 29, 2017 Rules Agenda.  Effective dates are noted for each rule amendment.

Other Recent Amendments: Minutes from the August 29, 2017 Rules Agenda

Recent Amendments from the August 29, 2017 Rules Agenda

R-16-0022 Order continuing this matter until the Court’s December 2017 Rules Agenda, and continuing the adoption of Rule 9 (c), Arizona Rules of Procedure for Eviction Actions on an experimental basis until further order of the Court (change of judge in eviction actions).

R-16-0047 Order amending Rule 38, Rules of Arizona Supreme Court (amending Rule 38, Rules of the Supreme Court, to simplify the requirements for registered in-house counsel to provide volunteer legal services through an approved legal services organization), effective January 1, 2018.

R-17-0002 Order amending Arizona Rules of Criminal Procedure (would comprehensively revise the criminal rules by stylistic and substantive amendments).  

R-17-0003 Order amending Rules 803(16) and 902, Arizona Rules of Evidence (would amend Arizona Rules of Evidence 803(16) and 902 to be consistent with proposed amendments to Federal Rules of Evidence 803(16) and 902), effective January 1, 2018.

R-17-0005 Order amending Rule 50(b), Rules of Arizona Supreme Court (amending Rule 50(b), Rules of the Supreme Court, to remove the two (2) consecutive three-year limitation on the appointment of members to the Attorney Discipline Probable Cause Committee), effective January 1, 2018.

R-17-0006 Order amending Rule 16.1, Arizona Rules of Civil Procedure, effective January 1, 2018.  Rules 16, 26.2 and 38.1 of Arizona Rules of Civil Procedure and, in the case of Rule 26.2, renumbered as Rule 26.3 (would amend the rules relating to medical malpractice cases to conform to the rules governing all other cases, eliminating superfluous rules and simplifying procedures), effective July 1, 2018.

R-17-0007 Order adopting Rule 5.4, Arizona Rules of Civil Procedure (add proper procedures for sealing and unsealing documents), effective January 1, 2018.

R-17-0008 Order amending Rule 39, Rules of Arizona Supreme Court (would allow the State Bar to establish procedures for attorneys who are not members of the State Bar of Arizona to electronically file with the State Bar applications for fees for pro hac vice admission), effective January 1, 2018.

R-17-0009 Order amending Rules 4, 4.2, 5.2, 6, 7.1, 12, 54, 55, 56, and 75, Arizona Rules of Civil Procedure, effective January 1, 2018; and Rule 26 (e) be amended and renumbered to Rule 26(g) (2), effective July 1, 2018 (making necessary technical amendments to the Arizona Rules of Civil Procedure). 

R-17-0010 Order amending Rules 5.1, 8, 8.1, 11, 16, 26, 26.1, 26.2, 29, 30, 33-37, 38.1, 45, and 84 of the Arizona Rules of Civil Procedure, effective July 1, 2018.  Order abrogating Rule 16.3, effective July 1, 2018; order adopting Rules 26.2 and 45.2 and associated comment to Rule 26.2, effective July 1, 2018; order adopting Rule 84, Forms 7, 9, 10, 11(a), 11(b), 12(a), 12(b), 13(a), 13(b), 14(a), and 14(b), effective July 1, 2018. (would amend rules relating to case management, discovery, and sanctions to reduce the cost and time required to resolve civil cases in Arizona’s superior courts).

R-17-0011 Order amending Rule 38, Rules of Arizona Supreme Court (would correct minor errors and clarify some ambiguities relating to in-house counsel registration with the State Bar), effective January 1, 2018.

R-17-0012 Order amending Rule 94, Rules of Arizona Supreme Court (amending duties and requirements of the Clerks of the Superior Court to modernize the rule to conform with current practice, to clarify and improve the processing of subpoenas, and to clarify that the docket is the list of documents filed into the official case file of individual actions for all case types), effective January 1, 2018.

R-17-0013 Order abrogating the existing Rules of Procedure for Judicial Review of Administrative Decisions and adopting new rules and the attached, amended Forms 1 through 9 (update, clarify, and streamline the rules), effective January 1, 2018.

R-17-0014 Order amending Rule 23.1, Arizona Rules of Criminal Procedure (would amend Rule 23.1, Rules of Criminal Procedure, to clarify that a jury foreperson may sign the verdict form using the foreperson’s juror number and initials in lieu of a signature), effective January 1, 2018.

R-17-0015 Order amending Rules 26.12, and 27.8, Arizona Rules of Criminal Procedure (would amend the rules to provide options to courts when convicted defendants have failed to pay their monetary sanctions in a timely fashion and to make changes in bail determination proceedings for dangerous felony defendants), effective January 1, 2018.  Amendments to Rules 4.2, 5.1, 5.4, 7.2, 7.4 be circulated for comment on or before September 25, 2017.

R-17-0016 Order amending Rules 3 and 5, Rules of Procedure for Eviction Actions (amending 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), effective January 1, 2018.

R-17-0017 Order abrogating Rule 67 (C), Arizona Rules of Family Law Procedure, and adding new rule 67.2 (would implement the Uniform Family Law Arbitration Act), effective January 1, 2018.

R-17-0018 Order amending Rules 41, 48.1 and 49, Arizona Rules of Procedure for the Juvenile Court (would correct statutory citations in response to statutory changes), effective as of the date of signing.

R-17-0019 Order adding Rule 23.1, Arizona Rules of Family Law Procedure (would allow a court on its own motion, upon a finding that venue is improper, to transfer the case to a county where venue is proper), effective January 1, 2018.

R-17-0020 Order amending Rule 13(b) (4), Rules of Procedure for Eviction Actions (would permit courts to accept stipulated judgments upon making certain findings), effective January 1, 2018.

R-17-0023 Order amending Rule 36(a), Rules of Protective Order Procedure (would amend Rule 36(a) to further clarify the Committee on the Impact of Domestic Violence and the Court’s previously stated purpose to ensure a defendant's Fourteenth Amendment right is preserved in a contested hearing for a criminal Order of Protection or civil Injunction against Harassment), effective January 1, 2018.

R-17-0024 Order amending Rule 32.4, Rule 32.5, Rule 32.6, and Rule 32.8, Arizona Rules of Criminal Procedure (would make amendments to the rules regarding post-conviction proceedings to promote judicial economy and efficiency in the processing of petitions for post-conviction relief), effective January 1, 2018.

R-17-0027 Order continuing petition to amend Rule 15.1 and Rule 15.4, Arizona Rules of Criminal Procedure (would provide a reasonable procedure for the disclosure of video from officer worn body cameras). This matter is open for public comment. Comments are due October 1, 2017.

R-17-0030 Order amending Rule 7.3, Arizona Rules of Criminal Procedure (as proposed would make no-contact with the victim a mandatory condition of release, unless the court clearly finds good cause to conclude that the victim's safety would be protected without a no-contact order), effective January 1, 2018.  This rule was adopted with modifications.

R-17-0034 Order amending Rule 37, Form 11, Arizona Rules of Court Procedure for Civil Traffic and Civil Boating Violations, and abrogating technical amendment approved on May 2, 2017 (amending the Arizona Traffic Ticket and Complaint (ATTC) forms), effective as of the date of signing but with a delayed implementation date of no later than January 1, 2018.

Rules Circulating for Comment from August 29, 2017 Rules Agenda listed below:

R-17-0015 Order amending Rules 26.12, and 27.8, Arizona Rules of Criminal Procedure (would amend the rules to provide options to courts when convicted defendants have failed to pay their monetary sanctions in a timely fashion and to make changes in bail determination proceedings for dangerous felony defendants), effective January 1, 2018.  Amendments to Rules 4.2, 5.1, 5.4, 7.2, 7.4 be circulated for comment on or before September 25, 2017.

R-17-0027 Order continuing petition to amend Rule 15.1 and Rule 15.4, Arizona Rules of Criminal Procedure (would provide a reasonable procedure for the disclosure of video from officer worn body cameras).  This matter is open for public comment.  Comments are due October 1, 2017.

Next Rules Agenda will be held in December 11, 2017 (Date subject to change)

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The following is a digest of rule amendments by the Arizona Supreme Court recently promulgated at the July 28, 2017 Motions Agenda.  Effective dates are noted for each rule amendment.

Rules Circulating for Comment from July 28, 2017 Motions Agenda listed below:

R-17-0025 Order amending 8, 48, 50, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 63.2, 64, 65, 66, 68, 69, 76. 78, 79, 84, and 85 and to Adopt New Rule 50.1, Arizona Rules of Procedure for Juvenile Court (incorporating recently adopted federal regulations that implement the Indian Child Welfare Act), effective August 10, 2017.

R-17-0038 Order amending Rules 61 and 62, Rules of Procedure for the Juvenile Court on an emergency basis (permitting the juvenile courts to implement amendments to A.R.S. §§ 8-871 and 8-872 that extend the permanent guardianship process to pending dependencies), effective August 9, 2017.  This matter is open for public comment.  Comments are due October 11, 2017.

R-17-0039 Order amending Rule 29.1(b) and Rules 41, Form 21(a) of the Arizona Rules of Criminal Procedure on an emergency basis (would amend Criminal Rules 29.1 and 41, and Form 21(a) to allow a sex trafficking victim to ask a municipal court to vacate a conviction having elements the same as or similar to A.R.S. § 13-3214), effective August 9, 2017.  This matter is open for public comment.  Comments are due October 11, 2017.

R-17-0040 Order amending Rule 26.10, Arizona Rules of Criminal Procedure on an emergency basis (would add shoplifting to the list of offenses which require the collection of fingerprints at sentencing, consistent with the amendment to A.R.S. § 13-607), effective August, 9, 2017.  This matter is open for public comment.  Comments are due October 11, 2017.

R-17-0041 Order amending Rules 11.2, 11.3, 11.5, and 11.7, Arizona Rules of Criminal Procedure, on an emergency basis (would amend Rule 11, Arizona Rules of Criminal Procedure to implement new statutory provisions concerning competency determinations in criminal cases), effective August 9 2017.  This matter is open for public comment.  Comments are due October 11, 2017.

R-17-0042 Order amending Rule 2, Arizona Rules of Procedure for Enforcement of Tribal Court Involuntary Commitment Orders, on an emergency basis (would amend Rules of Procedure for Enforcement of Tribal Court Involuntary Commitment Orders to permit electronic or facsimile filing of such orders and associated documents), effective August 9, 2017.  This matter is open for public comment.  Comments are due October 11, 2017.

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The following is a digest of rule amendments by the Arizona Supreme Court recently promulgated at the April 25, 2017 Rules Agenda.  Effective dates are noted for each rule amendment.

Other Recent Amendments: Minutes from the April 25, 2017 Rules Agenda

Recent Amendments from the April 25, 2017 Rules Agenda

R-16-0036 Order amending Rule 17.1 (a)(4) and Form 28(a), Arizona Rules of Criminal Procedure (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), effective October, 1, 2017.

R-16-0043 Order adopting final form in Uniform Rules of Procedure for Commissions on Appellate and Trial Court Appointments (comprehensively revising the rules with stylistic and substantive amendments). The rules shall apply to any application submitted after the date of this Order, except that applications submitted within the preceding year need not be resubmitted but will be provided to the relevant Commission pursuant to Rule 6 of the Uniform Rules of Procedure for Commissions on Appellate and Trial Court Appointments.

R-17-0034 Order amending Rule 37, Arizona Rules of Court Procedure for Civil Traffic and Civil Boating Violations, and Form 11, Arizona Traffic Ticket and Complaint (amending the Arizona Traffic Ticket and Complaint (ATTC) forms),effective on an emergency basis on the date of signing with an implementation date on or before January 1, 2018.  This matter shall be circulated for comment by separate order.

Rules Circulating for Comment from April 25, 2017 Rules Agenda listed below:

R-17-0034 Order amending Rule 37, Arizona Rules of Court Procedure for Civil Traffic and Civil Boating Violations, and Form 11, Arizona Traffic Ticket and Complaint (amending the Arizona Traffic Ticket and Complaint (ATTC) forms),effective on an emergency basis on the date of signing with an implementation date on or before January 1, 2018.  This matter shall be circulated for comment by separate order.

Next Rules Agenda will be held in August 29, 2017 (Date subject to change)

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The following is a digest of rule amendments promulgated or action taken by the Arizona Supreme Court at the December 12, 2016 Rules Agenda.  Effective dates are noted for each rule amendment.

Other Recent Amendments: Minutes from the December 12, 2016 Rules Agenda

Recent Amendments from the December 12, 2016 Rules Agenda

R-16-0023 Order amending Rule 59(e), Rules of the Arizona Supreme Court (attorney discipline, disability and reinstatement), effective January 1, 2017.

R-16-0029 Order amending The Oath of Admission to the Bar and A Lawyer’s Creed of Professionalism of the State Bar of Arizona, Rule 31, and Rule 41, Rules of Arizona Supreme Court (amending the oath of admission to the Bar & Lawyer’s creed of Professionalism), effective January 1, 2017.

R-16-0035 Order amending Rule 15.1 (j), Arizona Rules of Criminal Procedure (making 15.1 consistent with A.R.S. 13-1425), effective on a permanent basis.

R-16-0037 Order amending Rule 72, Arizona Rules of Family Law Procedure (appointment of family law master), effective January 1, 2017.

R-16-0039 Order amending Rules 26 and 47, Arizona Rules of Family Law Procedure, on a permanent basis (rules conforming to Senate Bill 1297).

R-16-0041 Order amending Rules 3, 6, 7 and Rule 41, Forms, by abrogating existing Forms 6 and 7, and substituting new Forms 6 and 7 in their place, Arizona Rules of Criminal Procedure (implementing recommendations of the Justice for All), effective April 3, 2017.

R-16-0043 Order abrogating the current provisions of the Uniform Rules of Procedure for Commissions on Appellate and Trial Court Appointments and adopting amended Uniform Rules of Procedure for Commissions on Appellate and Trial Court Appointments, on an expedited basis, effective the date of this order.  This matter is open for public comment.  Comments are due February 17, 2017.

Rules Circulating for Comment from December 12, 2016 Rules Agenda listed below:

R-16-0040 Order continuing petition to amend Rules 5(a), 5 (b)(6) and 5(b)(7) and Rules 13(h),  and 20 be added to Arizona Rules of Procedure for Eviction Actions (would require litigants statewide to use court-approved eviction action forms). This matter is reopen for public comment.  Comments are due February 17, 2017.

R-16-0043 Order abrogating the current provisions of the Uniform Rules of Procedure for Commissions on Appellate and Trial Court Appointments and adopting amended Uniform Rules of Procedure for Commissions on Appellate and Trial Court Appointments, on an expedited basis, effective the date of this order.  This matter is open for public comment.  Comments are due February 17, 2017.

Next Rules Agenda will be held in August 29, 2017 (Date subject to change)

 

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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)

 

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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)

 

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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)

 

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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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