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Last Post 02 May 2022 06:06 PM by  Charles Adornetto
R-22-0018 Petition to Amend Rule 16 of Arizona Rules of Small Claims Procedure
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Author Messages
Yolanda Fox
Basic Member
Posts:203 Basic Member

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11 Jan 2022 12:48 PM
    Michael T. Hellon
    1261 W. Hopbush Way, Tucson, AZ 85704
    520-241-8885
    [email protected]

    Filed: January 11, 2022

    Would amend Rule 16 of the Rules of Small Claims Procedure to modify the provisions governing the vacating of a judgment.

    Comments must be submitted on or before Monday, May 2, 2022.
    Any reply by a petitioner must be submitted on or before Wednesday, June 1, 2022.
    Attachments
    Charles Adornetto
    New Member
    Posts:10 New Member

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    14 Apr 2022 12:20 PM
    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.
    Attachments
    Julie Graber
    New Member
    Posts:12 New Member

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    29 Apr 2022 04:24 PM
    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.
    Attachments
    Charles Adornetto
    New Member
    Posts:10 New Member

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    02 May 2022 06:06 PM
    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.
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