The following is a digest of rule amendments by the Arizona Supreme Court recently promulgated at the December 13, 2011, the August 28, 2012 Rules Agendas, the December 4, 2012 Motions Agenda and the December 5, 2012 Rules Agenda. Effective dates are noted for each rule amendment.
Next Rules Agenda will be held in August, 2013 (Date subject to change)
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Amended Minutes from the December 5, 2012 Rules Agenda
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Recent Amendments from the December 5, 2012 Rules Agenda
R-11-0031 Order amending Rule 4.1, Arizona Rules of Civil Procedure (service of process), effective January 1, 2013.
R-12-0002 Order amending Rule 34, Rules of the Supreme Court, on an experimental basis (allows law students to take the Arizona uniform bar exam in their 3rd year of law school), effective January 1, 2013 until December 31, 2015.
R-12-0004 Order amending Rules 2.3(b) and 31.13(c), Rules of Criminal Procedure, Rule 106, Rules of Procedure for the Juvenile Court, and Rules 111 and 123(g), Rules of the Supreme Court, (victims’ names), effective September 1, 2013.
R-12-0005 Order amending Rule 34 (f)(1)(A), Rules of the Supreme Court (admission on motion), effective July 1, 2013.
R-12-0020 Order adopting new Rule 38(i), Rules of the Supreme Court (temporary admission of qualified spouses of military service members to the practice of law), effective January 1, 2013.
R-12-0030 Order amending Rules of Procedure for Judicial Review of Administrative Decisions (to conform with statutory amendments enacted under Senate Bill 1193), on a permanent basis effective July 1, 2013.
R-12-0031 Order amending Rules of Family Law Procedure (response to recent amendments to domestic relations statutes enacted through Senate Bill 1127), on a permanent basis effective January 1, 2013.
Recent Amendments from the December 4, 2012 Motions Agenda
R-12-0027 Order amending ERs 1.5, 4.2, 4.3, and 6.5, Rule 42, Rules of the Supreme Court, and Rules 5.1 and 11, Arizona Rules of Civil Procedure on an emergency basis (access to low or no-cost legal services), effective January 1, 2013, with the matter remaining open for public comment on the modified proposal. Comments due May 21, 2013.
R-12-0028 Order amending Rule 38, Rules of the Supreme Court on an emergency basis(access to low or no-cost legal services), effective January 1, 2013, with the matter remaining open for public comment on the modified proposal. Comments due May 21, 2013.
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Amended Minutes from the August 28, 2012 Rules Agenda
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Recent Amendment from August 28, 2012 Rules Agenda
R-11-0032 Order amending Rule 53(b)(3), Rules of Civil Procedure (special master’s conflict affidavit), effective January 1, 2013.
R-11-0034 Order amending Rule 56, Rules of Civil Procedure (conform to Rules of Fed Civil Procedure and address ambiguities relating to discovery/deposition requests), effective January 1, 2013.
R-11-0035 Order amending Rule 8(c), Rules of Civil Procedure (“discharge of bankruptcy” as defense), effective January 1, 2013.
R-11-0036 Order amending Rule 42, ER 5.5(d), Rules of Supreme Court (corrects drafting error relating to practice of law by lawyers engaged exclusively in federal practice), effective January 1, 2013.
R-11-0038 Order amending Rule 55(a), Rules of Civil Procedure & Rule 44, Rules of Family Law Proc (entry of default), effective January 1, 2013.
R-11-0039 Order amending prefatory comments, and Rules 609, 803 and 804, Arizona Rules of Evidence (additional amendments to rules of evidence), effective January 1, 2013.
R-11-0040 Order amending Rule 18.3, Rules of Criminal Procedure (delete portion of comment relating to juror biographical information), effective January 1, 2013.
R-11-0041 Order amending Rule 31(d)(11), Rules of Supreme Ct (permits non-lawyer representation in State Bar fee arbitrations), effective January 1, 2013.
R-11-0042 Order abrogating Rule 16(g)(2), and Rule 8, Form 3, Rules of Civil Procedure (ADR report), effective January 1, 2013.
R-11-0044 Order deleting Rule 31(c), Rules of Civil Procedure (deletes requirement for filing of depositions upon written questions), effective January 1, 2013.
R-11-0045 Order amending Rule 31.19(h), Rules Criminal Procedure & Rules 4(a), 15(a), & 23(h), Rules of Civil Appellate Procedure (correct oversights in previous amendments relating to e-filing), effective January 1, 2013.
R-11-0046 Order amending Rule 42, ER 7.5(a), Rules of the Supreme Court (eliminate the prohibition against trade names for law firms), effective January 1, 2013.
R-12-0001 Order amending Rules 23 & 27, Rules of Procedure for the Commission on Judicial Conduct (clarifies available alternatives for review of informal sanctions), effective January 1, 2013.
R-12-0003 Order amending Rule 123, Rules of the Supreme Court & Rule 2.3, Rules Criminal Procedure (access to judicial records), effective January 1, 2013.
R-12-0006 Order promulgating the Justice Court Rules of Civil Procedure (adoption of a new set of rules of procedure for civil lawsuits in justice courts), effective January 1, 2013.
R-12-0009 Order amending Rule 32.5 & Form 25, Rules of Criminal Procedure (resolve inconsistency between Rule 32.5 & Form 25 regarding verification of PCR petition), effective January 1, 2013.
R-12-0010 Order amending Rules 32,46-48,50,52-65,70-72, & 74, Rules of the Supreme Court (make technical & clarifying revisions to new rules governing lawyer discipline), effective January 1, 2013.
R-12-0011 Order amending Rules 33, 34, 35, 36 & 37, Rules of the Supreme Court (conforms rules to recent amendment and strengthens court’s oversight of admissions), effective January 1, 2013.
R-12-0012 Order amending Rules 104-107, Rules of Procedure for Juvenile Court (changes relating to implementation of e-filing in appellate courts), effective January 1, 2013.
R-12-0013 Order amending Rule 1(C), Rules of Protective Order Procedure, Rule 13(D), Rules of Family Law Procedure & Rule 123, Rules of the Supreme Court (prohibit public disclosure of information regarding the filing or contents of a protective order until order has been served), effective January 1, 2013.
R-12-0014 Order amending Rule 11, Rules of Probate Procedure (allows video-conference and telephonic-conference hearings), effective January 1, 2013.
R-12-0016 Order amending Rules 38.1(c), comment to Rule 38.1, & Rule 38.2(a), and comment to Rule 38.2, Rules of Criminal Procedure (eliminate unnecessary superior court involvement in deferred prosecutions in justice court), effective January 1, 2013.
R-12-0019 Order amending Rule 61, Rules of the Supreme Court (interim suspension in lawyer discipline), effective January 1, 2013
R-12-0021 Order amending Rules 4(d) & 4(e), Rules of Civil Procedure (changes “registered” private process server to “certified” private process server and moves qualifications for certification from the rule to the Arizona Code of Judicial Administration), effective January 1, 2013.
R-12-0022 Order deleting Rule 30(h), Rules of Civil Procedure, amending Rule 45, Rules of Civil Procedure, and promulgating Rule 45.1, Rules of Civil Procedure (procedures for out-of-state depositions and production of discoverable materials), effective January 1, 2013.
R-12-0030 Order amending Rules of Procedure for Judicial Review of Administrative Decisions (to conform with statutory amendments enacted under Senate Bill 1193), on an emergency basis effective July 1, 2013, and opening proposed amendment for public comment period, comments due November 9, 2012.
R-12-0031 Order amending Rules of Family Law Procedure (response to recent amendments to domestic relations statutes enacted through Senate Bill 1127), on an emergency basis effective January 1, 2013, and opening proposed amendment for public comment period, comments due November 9, 2012.
Rules Circulating for Comment from August 28, 2012 Rules Agenda listed below:
R-11-0031 Order reopening the proposed amendment to Rule 4.1(i), Rules of Civil Procedure (service of process requirements), for public comment on staff draft, comments due November 9, 2012.
R-11-0033 Order reopening proposed amendment to Rule 42, ER 3.8, Rules of Supreme Court (governs the ethical responsibilities of prosecutors), for public comment on staff draft, comments due May 20, 2013.
R-12-0007 Order reopening Rule (6)(E), Rules of Protective Order Procedure (proposing to repeal the rule), for public comment on staff draft, comments due May 20, 2013.
R-12-0020 Order reopening proposed amendment to Rule 38(j), Rules of the Supreme Court (permitting spouses of military service members temporarily stationed in Arizona to apply for admission to the practice of law), for public comment on staff draft, comments due November 9, 2012.
R-12-0030 Order amending the Rules of Procedure for Judicial Review of Administrative Decisions (to conform with statutory amendments enacted under Senate Bill 1193), on an emergency basis effective July 1, 2013, and opening the proposed amendment for public comment period, comments due November 9, 2012.
R-12-0031 Order amending the Rules of Family Law Procedure (response to recent amendments to domestic relations statutes enacted through Senate Bill 1127), on an emergency basis effective July 1, 2013, and opening the proposed amendment for public comment period, comments due November 9, 2012.
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Recent Amendment from December 21, 2011 Rules Agenda
R-11-0030 Order Amending Rules 34, 35, 37, AND 38, Rules of the Supreme Court, effective January 1, 2012.
Amended Minutes from the December 13, 2011 Rules Agenda
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Recent Amendments from the December 13, 2011 Rules Agenda listed below:
R-11-0019 Order amending Rule 7, Rules of Civil Appellate Procedure (supersedeas bonds in civil actions), effective January 1, 2012.
R-11-0020 Order amending Rule 5, Arizona Rules of Probate Procedure (conforming rule to statute), adopted on a permanent basis, as amended July 20, 2011.
R-11-0021 Order amending Rules 8.4 and 32.10, Rules of Criminal Procedure (terminology change), adopted on a permanent basis, as amended July 20, 2011.
R-11-0022 Order amending Rule 68, Rules of Family Law Procedure, adopted on a permanent basis, as amended July 20, 2011.
R-11-0023 Order amending various rules (see order), Rules of Probate Procedure, and Rule 31, Rules of the Supreme Court. Rules 7, 8, 10(C) (4), 10.1, 15.1, 15.2, 18, 19, 22, 26, 26.1, 28, 29, and 33, Rules of Probate Procedure are effective February 1, 2012. Rules 10(E)(1) and (2), 10(F)(1) and (2), 27.1, 30, 30.1, 30.2, 30.3, and 38, Rules of Probate Procedure, and Rule 31, Rules of the Supreme Court are effective September 1, 2012.