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Last Post 19 Mar 2024 06:27 PM by  Tatianna Dunne
R-24-0022 Petition to Amend Rule 11(b)(1) of the Rules of Procedure for Eviction Actions
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Andrew Patrick Schaffer
New Member
Posts:9 New Member

--
10 Jan 2024 10:35 AM
    Respectfully filed and submitted on this 10th day of January 2024.

    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, 2024

    Would amend Rule 11(b) of the Rules of Procedure for Eviction Actions to adopt for a one-year pilot project a rule amendment requiring a court to recall eviction cases at the end of a calendar.

    Comments must be submitted by no later than Wednesday, May 1, 2024, and any reply by a petitioner must be submitted no later than Monday, June 3, 2024.
    Attachments
    Charles Adornetto
    New Member
    Posts:20 New Member

    --
    14 Mar 2024 01:06 PM
    Gerald A. Williams
    Arizona Bar No. 018947
    North Valley Justice Court
    14264 West Tierra Buena Lane
    Surprise, AZ 85274

    The Justice of the Peace Bench in Maricopa County unanimously requests that the proposed amendment, and any alternative, be rejected. 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 either due to a problem interacting with court technology or due to not having reliable transportation. When such a situation occurs, a tenant already has an existing legal remedy because a tenant can file a motion to set aside a default judgment . There are existing remedies and it is clear that the proposed rule, and any alternatives, are as unworkable as they are unnecessary.
    Attachments
    Tatianna Dunne
    New Member
    Posts:4 New Member

    --
    19 Mar 2024 06:27 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
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    Forums Rule Change Petitions under Consideration Rules of Procedure for Eviction Actions