StateBarAZ
Posts:
| 12 Dec 2007 03:24 PM |
|
|
R-07-0023
PETITION FOR RULES OF PROCEDURE FOR EVICTION ACTIONS
TO PROMOTE THE UNIFORMITY OF PUBLIC LAWS AND PROCEDURES FOR EVICTION ACTIONS
Petitioner:
Robert B. Van Wyck, Chief Bar Counsel
Bar No. 007800
State Bar of Arizona
4201 North 24th Street, Suite 200
Phoenix, AZ 85016-6288
(602) 252-4804
Filed December 12, 2007
ADOPTED as modified, effective January 1, 2009.
|
|
|
|
lkoschney
Posts:
| 26 Dec 2007 04:20 PM |
|
|
R-07-0023 Petition For Rules Of Procedure For Eviction Actions
Gerald A. Williams
AZ Bar No. 018947
North Valley Justice Court
14264 West Tierra Buena Lane
Surprise, AZ 85374
(602) 372-2000
|
|
|
|
nasha
Posts:
| 16 May 2008 05:13 PM |
|
Hon. Patti Noland, President Arizona Association of Superior Court Clerks 110 W. Congress, 1st Floor Tucson, Arizona 85701 520-740-3201 [email protected] |
|
|
|
suebrenton
Posts:
| 19 May 2008 07:01 PM |
|
Susan Brenton, Executive Director Manufactured Housing Communities of Arizona 2158 N. Gilbert Road, #116 Mesa, AZ 85203 480-345-4202 Fax: 480-345-4205 [email protected]Manufactured Housing Communities of Arizona is the statewide industry association representing mobile home park owners and operators throughout Arizona. Our Board has reviewed the proposed eviction rules. Fortunately our legal counsel since 1987 was a member of the Committee that drafted the rules and we are satisfied that the unique aspects of our industry have largely been taken into account in their preparation. However, we are concerned that the new court procedures not unduly increase expenses our members incur in evicting people. As a norm our members are extremely hesitant to engage in evictions since the results are costly to both landlord and tenant. But when necessary it is important that those costs not be increased by the legal process for no good, meaningful purpose. We have reviewed the comments being posted on this forum by Michael A. Parham and we wish to completely adopt them as our own. Susan Brenton, Executive Director MHCA |
|
|
|
Michael A. Parham
Posts:
| 20 May 2008 03:48 PM |
|
|
Michael A. Parham
5333 N. 7th Ave., #B-213
Phoenix, AZ 85014
Office: (602) 265-6804
Fax: (602) 265-8945
State Bar No. 4853
My comments are attached. The Pollack Report is expected to be filed by the Arizona Multi Housing Association.
|
|
|
|
mbzinman
Posts:
| 20 May 2008 03:53 PM |
|
Scott E. Williams Bar #012417 Mark B. Zinman Bar #024028 Williams & Zinman P.C. 7701 E. Indian School Road Suite J Scottsdale, AZ 85251 480-994-4732 480-946-1211 [email protected] |
|
|
|
KWH123
Posts:
| 20 May 2008 06:15 PM |
|
Denise M. Holliday, President Association of Landlord-Tenant Attorneys c/o Holliday & Holliday 301 E. Bethany Home Rd., Suite 295-C Phoenix, AZ 85012-1297 602-230-0088 [email protected] The Association of Landlord-Tenant Attorneys (ALTA) is a group of over 30 Maricopa County attorneys that practice primarily Landlord-Tenant law. After careful review of the proposed rule changes, and the comments submitted, ALTA joins in full support of the comments crafted by Michael A. Parham and Scott Williams/Mark Zinman. If enacted as proposed, these rules will detrimentally impact this area of law, resulting in increased costs and attorney fees for the Landlord. Ultimately, this increase in costs and attorney fees will, in most cases, be passed directly to the tenant through forcible/special detainer judgments, thus, creating further harm to those the rules purport to protect. |
|
|
|
lkoschney
Posts:
| 21 May 2008 12:53 PM |
|
R-07-0023 Petition For Rules of Procedure For Eviction Actions Ellen Sue Katz SB #012214 William E. Morris Institute For Justice 202 E. McDowell Road, Suite 257 Phoenix, AZ 85004 602-252-3432 [email protected] |
|
|
|
lkoschney
Posts:
| 22 May 2008 10:24 AM |
|
|
R-07-0023 Petition For Rules of Procedure For Eviction Actions
Nathan Slovin, President
Arizona Multihousing Association
5110 N. 44th St., Suite 160L
Phoenix, AZ 85018
Comments submitted on behalf of:
Arizona Association of Realtors
Arizona Multihousing Association
Manufactured Housing Communities of Arizona
National Apartment Association
|
|
|
|
lkoschney
Posts:
| 22 May 2008 10:37 AM |
|
|
R-07-0023 Petition For Rules of Procedure For Eviction Actions
Arizona Multihousing Association
Scott M. Clark
SB #6759
Law Offices of Scott M. Clark
3008 N 44th St.
Phoenix, AZ 85018
J. Denton Dobbins, Jr.
SB #013519
Koglmeier, Dobbins & Smith
715 North Gilbert Road, Suite 5
Mesa, AZ 85203
Mark Heldenbrand
SB #011790
J. Mark Heldenbrand Attorney at Law
300 W. Clarendon Ave., Ste. 325
Phoenix, AZ 85013
Andrew Hull
SB #004153
Andrew Hull Attorney at Law
301 E. Bethany Home Road, 295-C
Phoenix, AZ 85012
Matthew D. Koglmeier
SB #007200
715 North Gilbert Road, Ste 5
Mesa, AZ 85023
|
|
|
|
ecrowley
Posts:
| 15 Jul 2008 04:25 PM |
|
|
Robert B. Van Wyck
Chief Bar Counsel
Bar No. 007800
State Bar of Arizona
4201 North 24th Street, Suite 200
Phoenix, Arizona 85016
(602) 252-4804
Reply to Comments Regarding Petition for Rules of Procedure for Eviction Actions
|
|
|
|
lawguy
Posts:
| 09 Oct 2008 11:12 AM |
|
|
Hon. Hugh Heygi and I were Co-Chairs of the Rules Committee that ultimately created and proposed these rules. I can guarantee everyone that each and every rule proposal, and its impact on both the landlord industry and on tenants, was thoroughly discussed and taken into consideration during the thousands of man-hours it took to reach a consensus. While the submitted rules are not perfect, they are a reasonable compromise between the various interests represented in landlord/tenant cases. Except for one recommendation for change, I would urge their adoption as amended by the Supreme Court, not because they are perfect as is. Rather, the proposed rules, having been argued and re-argued and re-hashed for so long in our Committee, would likely not be improved much by further discussions. Delaying the adoption of these rules in order to attempt further refinement would not be as productive or beneficial as adopting the amended rules now as is, and proposing further amendments later after everyone has a chance to see how they work in practice.
The Court's proposed amendment of our subpoena rule (Rule 10(d))is unworkable, however, as allowing fourteen days to quash a subpoena could make a motion to quash moot. ARS 33-1377(B)&(C) require that a trial take place within six to eleven days after the complaint is filed, continuances included. Thus, under the Court's proposed amendment, even if a subpoena was issued and served on the date of filing the complaint, a timely motion to quash would not have to be ruled upon until after a trial had already occurred, making it meaningless. Our committee purposely omitted the fourteen day time frame from the Rules of Civil Procedure in order to require the courts to rule on motions to quash, and other pre-trial motions, prior to trial, as stated in our proposed Rule 9(a).
Guy P. Wolf
Sole practitioner
|
|
|
|
ecrowley
Posts:
| 13 Nov 2008 07:45 PM |
|
|
John Furlong
Bar No. 018356
General Counsel
STATE BAR OF ARIZONA
4201 N. 24th St., Suite 200
Phoenix, AZ 85016-6288
|
|
|
|
mbzinman
Posts:
| 14 Nov 2008 03:36 PM |
|
|
Scott Williams #012417
Mark Zinman #024028
Williams & Zinman P.C.
7701 E. Indian School Road, Suite J
Scottsdale, AZ 85251
Phone - 480-994-4732
Facsimile - 480-946-1211
|
|
|
|
lkoschney
Posts:
| 14 Nov 2008 05:30 PM |
|
|
R-07-0023 Petition For Rules Of Procedure For Eviction Actions
Gerald A. Williams
#018947
North Valley Justice Court
14264 West Tierra Buena Lane
Surprise, AZ 85374
|
|
|
|
lkoschney
Posts:
| 17 Nov 2008 10:24 AM |
|
|
R-07-0023 Petition For Rules Of Procedure For Eviction Actions
Scott M. Clark #6759
Law Offices of Scott M. Clark
3008 N 44th St.
Phoenix, AZ 85018
J. Denton Dobbins, Jr. #13519
Koglmeier, Dobbins & Smith
715 North Gilbert Road, Suite 5
Mesa, AZ 85203
Mark Heldenbrand #11790
J. Mark Meldenbrand Attorney at Law
300 W. Clarendon Ave, Ste. 325
Phoenix, AZ 85013
Andrew Hull #4153
Andrew Hull Attorney at Law
301 E. Bethany Home Rd., 295-C
Phoenix, AZ 85012
Matthew D. Koglmeier #7200
715 North Gilbert Road, Ste 5
Mesa, AZ 85203
Michael A. Parham #4853
5333 N 7th Street, #B-213
Phoenix, AZ 85014
|
|
|
|
lkoschney
Posts:
| 17 Nov 2008 12:43 PM |
|
R-07-0023 Petition For Rules Of Procedure For Eviction Actions Ellen Sue Katz #12214 William E. Morris Institute For Justice 202 E. McDowell Rd., Suite 257 Phoenix, AZ 85004 (602)252-3432 [email protected] |
|
|
|
lkoschney
Posts:
| 17 Nov 2008 05:12 PM |
|
|
R-07-0023 Petition For Rules Of Procedure For Eviction Actions
C. Steven McMurry
Central Phoenix Justice Court
One West Madison
Phoenix, AZ 85003
|
|
|
|
lkoschney
Posts:
| 18 Nov 2008 11:10 AM |
|
|
R-07-0023 Petition For Rules Of Procedure For Eviction Actions
Ron Finestein, President
Arizona Association of Manufactured Home and R.V. Owners
2334 W. McClintock Dr.
Tempe, AZ 85282
(480) 966-9566
|
|
|
|