Committee on Superior Court
Honorable James A. Soto, Chair
Superior Court in Santa Cruz County
P.O. Box 1929
Nogales, Arizona 85628
(520) 375-7730

IN THE SUPREME COURT STATE OF ARIZONA

)
In the Matter of PETITION TO ) Supreme Court No. R-06-0018
AMEND 7.1(e) OF THE )
ARIZONA RULES OF CIVIL ) COMMENT OF THE
PROCEDURE ) COMMITTEE ON
) SUPERIOR COURT
)
)

The Committee on Superior Court, through undersigned, files the following comment, pursuant to Rule 28, Arizona Rules of the Supreme Court, to Petition R-06-0018, Ariz.R.C.P., relating to motions for reconsideration.

The Committee on Superior Court has considered the State Bar’s petition to amend Rule 7.1(e) and respectfully submits this response in opposition. As the petition cogently demonstrates, appellate decisions have made clear that so-called “horizontal appeals” by way of a motion for reconsideration should not ordinarily be granted by a trial judge. Case law also recognizes an exception where there has been a substantial change in the case – in the facts, the issues, the evidence or the law. See Donlann v. Macgurn,. 203 Ariz. 380, 385, 55 P.3d 74, 79 (Ct. App. 2002). Because judges are presumed to know and apply the law, State v. Anderson, 210 Arizona 327, 111 P.3d 369 (2005), the proposed rule is unnecessary.

Given the variations in size, location, and resources from county to county, each presiding judge must have the ability to tailor case reassignment to local circumstances. The Committee believes that the proposed rule may also place unnecessary constraints on the presiding judge’s authority.

RESPECTFULLY SUBMITTED this 11th day of May 2007.

COMMITTEE ON SUPERIOR COURT
Honorable James A. Soto
Committee on Superior Court Chair

Electronically filed with the Clerk
Of the Supreme Court of Arizona
this 11th day of May 2007.

By: Susan R. Pickard