Gerald A. Williams
Justice of the Peace
Arizona Bar No. 018947
North Valley Justice Court
14264 West Tierra Buena Lane
Surprise, AZ 85301
(602) 372-2000
[email protected]

Presiding Judge Anna Huberman, on behalf of the Maricopa County Justice Court Bench, hereby comments with respect to this pending petition.

While the Maricopa County Justice Court bench has no opposition to the primary goals of the Petitioner, we oppose some of the language in the Petition because it potentially conflicts with a party’s ability to file motions or requests that are well recognized and needed. We also oppose the suggested removal of a post-judgment right to counsel.

By the way, the thread for this topic should no longer read "Proposed" Small Claims Rules.

David K. Byers
Administrative Director
Administrative Office of the Courts
1501 W. Washington, Suite 411
Phoenix, AZ 85007-3327
Phone: (602) 452-3301
[email protected]

Pursuant to Rule 28 of the Rules of the Supreme Court, David K. Byers, Director, Administrative Office of the Courts (“Commentor”), respectfully files this Comment to recommend alternative verbiage, as set forth in the Appendix of this Comment, to clarify the proposed amendment to Rule 16 of the Arizona Rules of Small Claims Procedure.

Gerald A. Williams
Justice of the Peace
Arizona Bar No. 018947
North Valley Justice Court
14264 West Tierra Buena Lane
Surprise, AZ 85301
(602) 372-2000
[email protected]

Presiding Judge Anna Huberman, on behalf of the Maricopa County Justice Court Bench, hereby comments with respect to this pending petition and to the comment by the AOC.

The comment from the Administrative Office of the Courts recommends that the 60-day timeframe, allowed for a defendant in a small claims case to file a motion to vacate, run from the date of the judgment. The reason the Maricopa County Justice Court Bench recommended that the time not start until a defendant receives notice of the judgment is defendants with a small claims judgment often claim that the first notice they received concerning the judgment occurred when their wages were garnished. Courts should have the ability to evaluate those allegations.