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Last Post 17 Dec 2019 09:16 AM by  JudgeGeraldWilliams
R-19-0048 Rule 38, Arizona Rules of Protective Order Procedure
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JudgeGeraldWilliams
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17 Dec 2019 09:16 AM
    Gerald A. Williams
    Arizona Bar No. 018947
    North Valley Justice Court
    14264 West Tierra Buena Lane
    Surprise, AZ 85301
    (602) 372-2000
    [email protected]

    The author respectfully petitions this Court to amend Rule 38 of the Arizona Rules of Protective Order Procedure; more specifically, to indicate whether a judicial officer should dismiss or leave in place a protective order when both parties fail to appear at a contested hearing.

    He requests the Supreme Court add Rule 38(j) to say one of the following:

    (j) Failure to Appear. If both parties fail to appear at a scheduled contested hearing, the judicial officer shall leave the protective order in place.

    -OR-

    (j) Failure to Appear. If both parties fail to appear at a scheduled contested hearing, the judicial officer shall dismiss the protective order.

    Would amend Rule 38, Ariz. Rules of Protective Order Procedure to direct judicial officers whether to dismiss the protective order if both parties fail to appear at a contested hearing.

    Filed December 17, 2019

    Comments must be submitted on or before May 1, 2020.

    Replies must be submitted on or before June 1, 2020.

    ORDERED: Request for Uniform Rule When Both Parties Fail to Appear for Scheduled Hearing = DENIED.
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