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Last Post 31 May 2023 03:09 PM by  Andrew Patrick Schaffer
R-23-0027 Petition to Amend Rule 11(b)(1) of the Rules of Procedure for Eviction Actions
 4 Replies
Author Messages
Andrew Patrick Schaffer
New Member
Posts:9 New Member

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10 Jan 2023 04:40 PM
    Respectfully filed and submitted on this 10th day of January 2023.

    WILLIAM E. MORRIS INSTITUTE FOR JUSTICE jointly and on behalf of COMMUNITY LEGAL SERVICES, DNA PEOPLE'S LEGAL SERVICES, and SOUTHERN ARIZONA LEGAL AID

    ANDREW P. SCHAFFER, AZ Bar. No. 037352
    BRENDA MUÑOZ FURNISH, AZ Bar. No. 027280
    MICHELLE J. SIMPSON, AZ Bar. No. 020199
    WILLIAM E. MORRIS INSTITUTE FOR JUSTICE
    3707 North Seventh Street, Suite 300
    Phoenix, Arizona 85014-5095
    (602) 252-3432
    [email protected]
    [email protected]
    [email protected]

    Filed: January 10, 2023

    Would amend Rule 11(b)(1) of the Rules of Procedure for Eviction Actions to require a court to re-call at the end of the calendar, or after one hour for longer calendars, any case in which a plaintiff or defendant did not respond after the initial call.

    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
    Tatianna Dunne
    New Member
    Posts:2 New Member

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    08 Mar 2023 04:58 PM
    Zona Law Group P.C., attorneys for Commenting Party Manufactured Housing Communities of Arizona
    7701 E. Indian School Rd.,
    Suite J
    Scottsdale, AZ 85251
    (480) 949-1400
    Scott A. Baluha
    [email protected]
    Bar Number: 029957
    Tatianna Dunne
    [email protected]
    Bar Number: 036776
    Attachments
    Charles Adornetto
    New Member
    Posts:20 New Member

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    13 Apr 2023 12:25 PM
    Gerald A. Williams
    Arizona Bar No. 018947
    North Valley Justice Court
    14264 West Tierra Buena Lane
    Surprise, AZ 85274

    This comment is filed on behalf of the Justice of the Peace Bench in Maricopa County. It was presented at a bench meeting on March 8, 2023, for discussion and then was endorsed by a unanimous vote of our bench at a bench meeting on April 12, 2023. We recommend the rejection of the proposed amendment.

    This highly problematic rule change would impact every residential action filed in the state. It is an attempt to address the comparatively rare situation of a tenant being defaulted due to a problem interacting with court technology. When such a situation occurs, a tenant already has an existing legal remedy because a tenant can file a motion to set aside a judgment.
    Attachments
    Chris Hoynicki
    New Member
    Posts:1 New Member

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    01 May 2023 03:07 PM
    Christopher Hoynicki
    Arizona Bar No. 034118
    Hull, Holliday & Holliday PLC
    7000 North 16th Street, Suite 120 #484
    Phoenix, Arizona 85255

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    This comment (Attached) is filed on behalf of the Hull, Holliday & Holliday PLC Firm. We reject the recommendation of the proposed amendment for various reasons including but not limited to, this amendment would not resolve the purported issue.
    Attachments
    Andrew Patrick Schaffer
    New Member
    Posts:9 New Member

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    31 May 2023 03:09 PM
    Attached, please find a Reply to Comments in Arizona Supreme Court File No. R-23-0027, accompanied by Attachments A and B.

    Respectfully filed and submitted on this 31st day of May 2023.

    WILLIAM E. MORRIS INSTITUTE FOR JUSTICE jointly and on behalf of COMMUNITY LEGAL SERVICES, DNA PEOPLE'S LEGAL SERVICES, and SOUTHERN ARIZONA LEGAL AID

    ANDREW P. SCHAFFER, AZ Bar. No. 037352
    BRENDA MUÑOZ FURNISH, AZ Bar. No. 027280
    MICHELLE J. SIMPSON, AZ Bar. No. 020199
    WILLIAM E. MORRIS INSTITUTE FOR JUSTICE
    3707 North Seventh Street, Suite 300
    Phoenix, Arizona 85014-5095
    (602) 252-3432
    [email protected]
    [email protected]
    [email protected]
    Attachments


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