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Last Post 25 May 2023 02:20 PM by  Joel Nomkin
R-22-0041 PETITION TO AMEND ARIZONA RULES OF CIVIL APPELLATE PROCEDURE 15 AND 21, ARIZONA RULE OF CRIMINAL PROCEDURE 31, AND THE RULES OF THE SUPREME COURT
 5 Replies
Author Messages
Joel Nomkin
New Member
Posts:1 New Member

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09 Nov 2022 03:50 PM
    Joel W. Nomkin, Bar No. 011939
    PERKINS COIE LLP
    2901 North Central Avenue, Suite 2000
    Phoenix, Arizona 85012-2788
    Telephone: +1.602.351.8000
    Facsimile: +1.602.648.7000
    [email protected]

    Susan M. Freeman, Bar No. 004199
    LEWIS ROCA
    201 East Washington Street, Suite 1200
    Phoenix, Arizona 85004
    Telephone: +1.602.262.5756
    Facsimile: +1.602.734.3824
    [email protected]

    [Other Petitioners are identified
    on the signature block of the Petition]

    Filed: November 9, 2022

    Would amend the civil and criminal appellate rules to clarify when a party may respond to amicus briefs filed in favor of that party, to address appeals that are decided on a basis not raised by the parties, and to clarify the procedure for contesting an opposing party’s entitlement to appellate attorneys’ fees.

    Comments must be submitted no later than Monday, May 1, 2023.
    Any reply by a petitioner must be submitted no later than Thursday, June 1, 2023.
    Attachments
    Kathleen P. Sweeney
    New Member
    Posts:4 New Member

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    26 Apr 2023 06:18 PM
    Kathleen P. Sweeney
    Deputy Solicitor General/Chief Counsel Civil Appeals Section
    State Bar Number 011118
    Submitting comment on behalf of the Arizona Attorney General's Office
    Firm State Bar Number 14000
    2005 N. Central Ave.
    Phoenix, AZ 85004
    [email protected]
    (602) 542-8027

    The Attorney General’s Office supports section 1 of this petition. Parties should not be permitted to circumvent the word limitations that the rules impose on their principal briefs or on their petitions or responses by “responding” to amicus briefs with which they have no factual or legal disagreements.

    The Attorney General’s Office also supports section 2 of this petition. As the petition notes, “the opportunity to be heard before decisions are made is central to our adversary system and due process of law.” Allowing parties an opportunity to provide supplemental briefing before resolving an issue that has not been briefed or argued is not only fairer to the parties, but it may also help an appellate court to better understand the record or the law.

    The Attorney General’s Office also supports section 3 of this petition. The existing rules do not clearly establish the proper procedure for objecting to an opposing party’s entitlement to attorneys’ fees. The petition’s proposed amendments clarify the procedure and protect the objecting party’s right to be heard on the entitlement issue.
    David Euchner
    New Member
    Posts:29 New Member

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    28 Apr 2023 10:50 AM
    DAVID J. EUCHNER, SB#021768
    33 N. Stone Ave., 21st Floor
    Tucson, AZ 85701
    (520) 724-9107
    [email protected]

    Attached is my comment, in my individual capacity, in support of the first two proposals in the petition. I express no opinion as to the third.
    Attachments
    Lina Garcia
    New Member
    Posts:14 New Member

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    30 Apr 2023 09:52 PM
    Joint Comment by Maricopa Public Defense Offices
    620 W. Jackson, Suite 4015, Phoenix, AZ 85003
    (602) 506-7711
    [email protected]
    AZ Bar #025997
    Attachments
    Kent Cattani
    New Member
    Posts:1 New Member

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    01 May 2023 06:42 PM
    Commenters Names: Garye Vasquez and Kent Cattani


    Mailing Address: 1501 W. Washington, Phoenix, AZ 85007

    Phone Numbers: Garye Vasquez (520) 483-8391; Kent Cattani (602) 625-0034

    E-mail Addresses: [email protected]; [email protected]

    Bar Numbers: Vasquez 010123; Cattani 010806
    Attachments
    Joel Nomkin
    New Member
    Posts:2 New Member

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    25 May 2023 02:20 PM
    Joel W. Nomkin, Bar No. 011939
    PERKINS COIE LLP
    2901 North Central Avenue, Suite 2000
    Phoenix, Arizona 85012-2788
    Telephone: +1.602.351.8000
    Facsimile: +1.602.648.7000
    [email protected]

    Susan M. Freeman, Bar No. 004199
    LEWIS ROCA
    201 East Washington Street, Suite 1200
    Phoenix, Arizona 85004
    Telephone: +1.602.262.5756
    Facsimile: +1.602.734.3824
    [email protected]

    [Other Petitioners are identified
    on the signature block of the Reply]
    Attachments


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