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Arizona Judicial Branch

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, 2013 and the November 13, 2013 Rules Agendas. Effective dates are noted for each rule amendment.


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

Recent Other Amendment:

R-14-0022 Order amending Rule 39(b), Rules of Criminal Procedure on an expedited basis effective July 24, 2014.  Opened for comment, comments due September 26, 2014.

R-14-0020 Order amending Rule 31(d), Rules of the Supreme Court on an expedited basis effective July 24, 2014. Opened for comment, comments due September 26, 2014.

R-14-0019 Order amending Rule 40 ARFLP on an expedited basis effective July 24, 2014.  Opened for comment, comments due September 26, 2014.

R-13-0017  Amended order amending applicability provision of amendments to Rules 16, 16.1, 26, 37, 38, 38.1, 72, 73, 74, and 77, Rules of Civil Procedure (case management and trial setting systems)

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       Minutes from the November 13, 2013 Rules Agenda

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Recent Amendments from the November 13, 2013 Rules Agenda

R-11-0033  Order amending Rule 42, ER 3.8 and adopting new ER 3.10, Rules of the Supreme Court (ethical guidance to prosecutors where innocent person may have been convicted), effective January 1, 2014.

R-12-0028   Order amending Rule 38, Rules of the Supreme Court (access to low or no-cost legal services), on a permanent basis as further amended effective November 14, 2014.

R-13-0004   Order amending Rule 15.8, Rules of Criminal Procedure, (sanctions for prosecutor’s failure to disclose material information prior to withdrawal of plea offer) on an expedited basis effective January 1, 2014.  This matter is re-opened for public comment.  Comments due May 20, 2014. 

R-13-0009  Order amending Rules 32.5 and 41, Form 25, Rules of Criminal Procedure, (excludes counsel from requirement of certifying that “every ground known” is included in PCR petition), effective January 1, 2014.

R-13-0036   Order amending Rule 13, Arizona Rules of Family Law Procedure (pre-decree temporary orders), on a permanent basis.

 R-13-0038  Order amending Rule 21, Arizona Rules of Probate Procedure (background checks of persons seeking appointment as guardians or conservators), on a permanent basis.

 R-13-0039 Order amending Rules 133 and 134, Justice Court Rules of Civil Procedure, (demand for jury trial, change of venue, and peremptory challenges), on a permanent basis.

 R-13-0040 Order amending Rule 23, Rules of Civil Procedure (class actions), on a permanent basis.

 

Rules Circulating for Comment from November 13, 2013 Rules Agenda listed below:

R-13-0004   Order amending Rule 15.8, Rules of Criminal Procedure, (sanctions for prosecutor’s failure to disclose material information prior to withdrawal of plea offer) on an expedited basis effective January 1, 2014.  This matter is re-opened for public comment.  Comments due May 20, 2014. 

 

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Amended Minutes from the August  27, 2013 Rules Agenda

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Recent Amendments from the August  27, 2013 Rules Agenda

R-12-0007  Order amending Rule 6(E)(4)(e)(2), Arizona Rules of Protective Order Procedure (possession of firearms by person subject to civil injunction), effective January 1, 2014.

R-12-0024 Order adopting new Rule 9.1, Rules of Civil Appellate Procedure (suspension of appeal to revest jurisdiction in trial court), effective January 1, 2014.

R-12-0026  Order amending Rule 4(d), Rules of Civil Procedure (persons authorized to serve process), effective January 1, 2014.

R-12-0027  Order adopting on a permanent basis amendments to Rule 42, ERs 1.5, 4.2, 4.3, and 6.5, Rules Of The Supreme Court, And Rules 5.1 And 11, Rules Of Civil Procedure (limited scope or short-term legal representation).

R-12-0032 Order amending Rule 42, ER 1.15, Rules of the Supreme Court (third-party claims against client’s property in lawyer’s possession), effective January 1, 2014.

R-12-0034 Order amending Rule 803(10), Rules of Evidence ( “notice and demand” procedure for production of witness for forensic test analyses), effective January 1, 2014.

R-12-0036  Order amending Rule 7.6, Rules of Criminal Procedure (bond forfeiture procedures), effective January 1, 2014.

R-12-0039 Order amending Rules 13, 21, and 23, Rules of Civil Appellate Procedure (claims for attorneys’ fees on appeal), effective January 1, 2014.

R-12-0040 Order amending Rule 15(a)(1), Rules of Civil Procedure (amendments to pleadings), effective January 1, 2014.

R-12-0041 Order amending  Rules 3, 43, 95, and Forms 4 and 5, Rules of Family Law Procedure (papers that should not be filed), effective January 1, 2014.

R -12-0042  Order amending  Rule 7.1, Rules of Civil Procedure (extensions of time for briefing), effective January 1, 2014.

R-12-0043  Order amending  Rules 7.1 and 56, Rules of Civil Procedure (limitations on motions to strike), effective January 1, 2014.

R-12-0044  Order adopting  Rules 113, 115, 119, 120, 126, and 134, and Appendices 3 and 4, Justice Court Rules of Civil Procedure, on a permanent basis (correcting technical errors and conforming to amendment to ARCP 4.1).

R-13-0002  Order amending Rule 123, Rules of the Supreme Court (online availability of family law orders and probate records), effective January 1, 2014.

R-13-0005  Order amending Rules 54 and 58, Rules of Civil Procedure, and Rule 9, Rules of Civil Appellate Procedure (modeling appeal process after federal rules), effective January 1, 2014.

R-13-0007  Order amending Form 10, Arizona Rules of Family Law Procedure (time period for objections to certain orders), effective January 1, 2014.

R-13-0008  Order amending Rule 45, Rules of the Supreme Court (CLE credit for self-study hours in the provision of pro bono services to low-income clients), effective January 1, 2014.

R-13-0010  Order amending Rule 32.4, Rules of Criminal Procedure (increasing time for filing capital case PCR petition), effective January 1, 2014.

R-13-0011 Order amending Rule 42, ER 7.2(c), Rules of the Supreme Court (requirements for legal advertising), effective January 1, 2014.

R-13-0012  Order amending Rule 122, Rules of the Supreme Court (use of recording devices during court proceedings), effective January 1, 2014.

R-13-0013  Order adopting new Rule 122.1, Rules of the Supreme Court (permissible uses of portable electronic devices by courthouse visitors), effective January 1, 2014.

R-13-0015 Order amending  Rule 12.9, Rules of Criminal Procedure  (time for State to act after motion for new finding of probable cause is granted), effective January 1, 2014.

R-13-0016 Order repealing  Rule 24, Tax Court Rules of Practice (setting small tax cases for trial), effective January 1, 2014.

R-13-0017 Amended Order adopting as modified Rules 16, 16.1, 26, 37, 38, 38.1, 72, 73, 74, and 77, Rules of Civil Procedure (case management and trial setting systems), effective April 15, 2014, as to all cases filed on or after that date. 

R-13-0018 Order amending Rule 10, Arizona Tax Court Rules of Practice (tax court cover sheets), effective January 1, 2014.

R-13-0020 Order amending Rule 28, Rules of the Supreme Court (number of copies required for paper-filed petitions/comments), effective January 1, 2014.

R-13-0021  Order amending Rules 46 and 59, Rules of the Supreme Court (appeal process in attorney discipline cases), effective January 1, 2014.

R-13-0022  Order amending Rule 47(a)(3), Rules of Civil Procedure, and Rule 18.6(b), Rules of Criminal Procedure (jurors’ oaths), effective January 1, 2014.

R-13-0032 Order amending  Rule 41, Forms 18(a) and 18(b), Rules of Criminal Procedure (defense counsel avowal in plea agreements), effective January 1, 2014.

R-13-0035  Order approving Local Rules of Practice and Procedure for the Yuma Municipal Court (facilitating case management), effective January 1, 2014.

R-13-0036 Order amending Rule 13, Arizona Rules of Family Law Procedure (pre-decree temporary orders), on an expedited basis effective September 13, 2013.  This matter is open for public comment.  Comments due October 25, 2013. 

R-13-0037 Order approving Rule 9.12, Maricopa County Superior Court Local Rules of Practice (posting of non-published decisions), effective January 1, 2014.

R-13-0038  Order amending Rule 21, Arizona Rules of Probate Procedure (appointment of guardians or conservators), on an expedited basis effective September 13, 2013.  This matter is open for public comment.  Comments due October 25, 2013. 

R-13-0039  Order amending Rules 133 and 134, Justice Court Rules of Civil Procedure (demand for jury trial, change of venue, and peremptory challenges), on an expedited basis effective August  28, 2013.  This matter is open for public comment.  Comments due October 25, 2013. 

R-13-0040  Order amending Rule 23, Rules of Civil Procedure (class actions), on an expedited basis effective September 13, 2013.  This matter is open for public comment.  Comments due October 25, 2013. 

 

Rules Circulating for Comment from August 27, 2013 Rules Agenda listed below:

R-11-0033 Order reopening petition to amend Rule 42, ER 3.8 and 3.10, Rules of the Supreme Court (ethical guidance to prosecutors where innocent person may have been convicted), for comment on staff draft. Comments due October 25, 2013.   

R-12-0028  Order reopening for comment petition to amend Rule 38, Rules of the Supreme Court  (expanding pool of lawyers eligible to provide pro bono services). Comments on staff draft due October 25, 2013.

R 13-0009  Amended Order reopening for comment petition to amend Rule 32.5, Rules of Criminal Procedure (counsel’s certification in PCR petition).  Comments on staff draft due October 25, 2013.

R-13-0036  Order amending Rule 13, Arizona Rules of Family Law Procedure (pre-decree temporary orders), on an expedited basis effective September 13, 2013.  This matter is open for public comment.  Comments due October 25, 2013. 

R-13-0038  Order amending Rule 21, Arizona Rules of Probate Procedure (appointment of guardians or conservators), on an expedited basis effective September 13, 2013.  This matter is open for public comment.  Comments due October 25, 2013. 

R-13-0039 Order amending Rules 133 and 134, Justice Court Rules of Civil Procedure (demand for jury trial, change of venue, and peremptory challenges), on an expedited basis effective August  28, 2013.  This matter is open for public comment.  Comments due October 25, 2013. 

R-13-0040  Order amending Rule 23, Rules of Civil Procedure (class actions), on an expedited basis effective September 13, 2013.  This matter is open for public comment. Comments due October 25, 2013.


  

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