Rule 29(b)
AOC Contact: Mark Meltzer
Summary: Rule 29(B) addresses appellate court records. The existing rule requires clerks of these courts to make a “photographic or electronic reproduction or image of the original record” and to maintain this copy “in a place and manner as will reasonably assure its permanent preservation.” The rule was designed to provide the Arizona State Archives with a microfilm copy of case records in appellate courts. The amendment to Rule 29(B) will allow appellate courts to send original paper files to the Arizona State Archives, rather than sending microfilm. Original digital files that are scheduled for permanent preservation may be retained by the clerks in their electronic record repositories until State Archives has the capability to accept and preserve records in this format. Rule 29(B)(1) updates a cross reference to Supreme Court Rule 19(a), which was deleted in 1994. The substance of that deleted rule now appears in Rule 31.23(a)(5) of the Rules of Criminal Procedure, and the latter reference has been substituted for the former. Impact: This rule change should not impact trial courts. The change will spare appellate courts the expense of converting paper to microfilm.
Rule 31
AOC Contact: Nancy Swetnam
Summary: A licensed fiduciary may perform services in compliance with ACJA § 7-202. The court may suspend a fiduciary’s authority to act without an attorney if lay representation interferes with the orderly progress of the proceedings or imposes undue burdens on other parties. Impact: The Supreme Court will develop and adopt amendments to ACJA § 7-202: Fiduciaries to specify the activities a licensed fiduciary may perform without the services of an attorney. Examples include preparation and filing of the annual account. Courts should consider the services a licensed fiduciary is authorized to perform when reviewing the accounts and bills for attorney fees. Effective: 9/1/2012
The current language of Rule 124 has been deleted because it has become obsolete. Pending the adoption of a new Rule 124, electronic filing, delivery and service of documents shall be governed by Supreme Court administrative order(s), which may be found at the Supreme Court’s website: http://www.azcourts.gov/.
© 2024 Arizona Supreme Court. All Rights Reserved.