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Arizona Judicial Branch

Civil

RULE WILL AFFECT SUMMARY AND IMPACT

Rule 6

R-09-0030

AOC Contact: Mark Meltzer

 

All civil courts

 

Judges

Clerks

Admin

The amended Rule 6 clarifies how time is calculated under the civil rules, and in particular, the time allowed after service by mail.

The rule amendment includes an explanatory comment, modeled after a comment to the federal rule, which explains the time calculation in detail.

Impact:  Civil calendaring procedures should be consistent with the method of calculating time that is provided in Rule 6.


Rule 26(b)(5)

R-10-0001

AOC Contact:

Mark Meltzer

Civil trial courts

 

Judges

An allegation of a non-party at fault, if not made within the time requirements of this rule, will be permitted only upon written agreement of the parties, or upon motion “establishing good cause, reasonable diligence, and lack of unfair prejudice to other parties.”  This standard replaces the rule’s earlier requirement that a motion show “newly discovered evidence of such nonparty’s liability which could not have been discovered within the time periods for compliance [with this rule]”

A non-party at fault is now “a person or entity not currently or formerly named as a party.”  Under the earlier version of the rule, a nonparty at fault was “a person or entity not a party to the action.”

Impact:  The new standard contained in the amended rule must be used when considering a motion to add a non-party at fault.


Rules 45 and 84

R-09-0035

AOC contact:
Mark Meltzer

Civil trial courts

 

Judges

Clerks
Admin

The subpoena provisions of Rule 45 have been amended. A new Form 9, entitled “subpoena in a civil case,” has been adopted in Rule 84.  Some provisions in Rule 45 have been restyled or reorganized, while others have been revised.  As one example, the “admonition” to the subpoena recipient has been removed from Rule 45(a) and is now contained, as revised, in Form 9.

The amendments to Rule 45: 

  • Distinguish between “appearance subpoenas” and subpoenas duces tecum.
  • Require the filing of a motion to quash or modify an appearance subpoena (as compared with the prior, informal practice of making objections by correspondence); and, with specified exceptions, require the recipient to still attend a proceeding in the absence of a court order excusing the recipient from compliance.  A motion must be filed before the time for compliance, or within 14 days after service of the subpoena.
  • Impose a so-called “meet and confer” requirement on issues arising under subpoenas duces tecum.

Impact:  Courts that supply paper or online forms to court users should publish or post the civil subpoena adopted by Rule 84, Form 9.  Courts may also see an increase in the volume of motions to quash or modify appearance subpoenas, and additional time may be required for consideration of these motions.