sPickard
New Member
Posts:33
| 06 Jul 2016 09:55 AM |
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Would require litigants statewide to use court-approved eviction action forms and authorizes the Administrative Director of the Administrative Office of the Courts (AOC) to approve, modify, or delete eviction action forms as may be appropriate. Filed on behalf of Judge Lawrence Winthrop Commission on Access to Justice 1501 West Washington, Suite 410 Phoenix, AZ 85007 602-452-3252 602-452-3480 [email protected] Petition to Amend the Rules of Procedure for Eviction Actions. Would mandate the use of Administrative Office of the Courts (AOC) approved forms and notices for Eviction Actions. Filed July 6, 2016. Comments shall be due according to the following schedule: September 23, 2016 comments due November 4, 2016 Petitioner's reply to comments due Request to Strike = DENIED. Request to Dismiss Petition = DENIED. CONTINUED. ORDERED: Petition to Amend Rules 5(a), 5(b)(6), 5(b)(7) and Add Rules 13(h) and 20, of the Rules of Procedure for Eviction Actions= CONTINUED. ORDERED: Petition to Amend Rules 5(a), 5(b)(6), 5(b)(7) and Add Rules J3(h) and 20, of the Rules of Procedure for Eviction Actions= DENIED. |
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JudgeGeraldWilliams
New Member
Posts:12
| 05 Aug 2016 02:13 PM |
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Objection to Proposed Rule Changes, to Proposed Mandatory Summons and Complaint, to Proposed Mandatory Notice Forms, and Suggested Alternative Language for Forms.
Gerald A. Williams
Arizona Bar No. 018947
North Valley Justice Court
14264 West Tierra Buena Lane
Surprise, AZ 85301
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lKoschney
New Member
Posts:43
| 12 Sep 2016 04:15 PM |
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Paul A. Henderson (Ariz. Bar No. 022891)
Law Offices of Scott M. Clark, P.C.
3008 N. 44th Street
Phoenix, AZ 85018-7206
(602) 957-7877
Denise M. Holliday (Ariz. Bar No. 017275
Hull, Holliday & Holliday, PLC
7000 N. 16th Street, Suite 120-484
Phoenix, AZ 85020-5547
(602) 230-0088
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mpatten
New Member
Posts:1
| 19 Sep 2016 02:47 PM |
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Cynthia Zwick Executive Director Arizona Community Action Association 2700 North Third Street, Ste. 3040 Phoenix, AZ 85004 (602) 604-0640 [email protected] |
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Scott Drucker
New Member
Posts:1
| 20 Sep 2016 02:46 PM |
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Scott M. Drucker (Ariz. Bar No. 020964) General Counsel Arizona Association of REALTORS 255 E. Osborn Rd., Suite 200 Phoenix, AZ 85012 (602) 248-7787 [email protected] |
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lKoschney
New Member
Posts:43
| 21 Sep 2016 09:40 AM |
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Scott M. Clark
AZ Bar No. 6759
Law Offices of Scott M. Clark, P.C.
3008 N. 44th Street
Phoenix, AZ 85018-7206
Ph: (602) 957-7877
Fax: (602) 957-7876
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Michael A. Parham
New Member
Posts:14
| 23 Sep 2016 06:42 AM |
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Williams, Zinman & Parham P.C.
7701 East Indian School Road, Suite J
Scottsdale, Arizona 85251
(480) 994-4732
Michael A. Parham, #004853
Melissa A. Parham, # 025670
Attorneys for Commenting Parties Manufactured Housing
Communities of Arizona and Michael A. Parham
These Commenting Parties object to adoption of this proposal and in particular the forms that would be mandatory under it for the following reasons as set forth in the attached comments:
1. It exceeds the authority of the Courts to adopt rules under the Arizona Constitution and applicable statutes;
2. It takes a private businesses’ source of income away by seizing the right to create notice forms without compensating it;
3. The Court system lacks the expertise and ability to do the job;
4. The forms themselves do not satisfy statutory requirement;
5. The proposal was made with no consideration of costs or benefits and is arbitrary and capricious;
6. And finally, it arises out of uninformed stereotypes of the eviction process and landlord attorneys.
We also adopt and incorporate by reference the comments of Paul Henderson and Denise Holliday as though fully set forth herein
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Michael A. Parham
New Member
Posts:14
| 23 Sep 2016 02:43 PM |
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Williams, Zinman & Parham P.C.
7701 East Indian School Road, Suite J
Scottsdale, Arizona 85251
(480) 994-4732
Mark B. Zinman, #004853
Attorneys for Commenting Party
Arizona Real Estate Investors Association
Comments of AZREIA in opposition to proposal and mandated forms are attached.
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Wm. E Morris Institute for Justice
New Member
Posts:12
| 23 Sep 2016 04:05 PM |
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Ellen Sue Katz William E. Morris Institute for Justice 3707 North Seventh Street, Suite 220 Phoenix, Arizona 85014 (602) 252-3432 (office) (602) 257-8138 (fax) [email protected] State Bar No. 012214 Re: Comments in Support of Petition to Amend and Add to the Rules of Procedure for Eviction Actions |
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lKoschney
New Member
Posts:43
| 26 Sep 2016 10:04 AM |
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Pamela M. Bridge Community Legal Services 305 South Second Avenue Phoenix, Arizona 85003 (602)258-3434, ext. 2650 (602)258-4628 (FAX) [email protected] Bar No. 018252 Community Legal Services submits these Comments in Support of Petition to Amend and Add to the Rules of Procedure for Eviction Actions |
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lKoschney
New Member
Posts:43
| 14 Nov 2016 10:06 AM |
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Hon. Lawrence F. Winthrop
1501 W. Washington, Suite 410
Phoenix, AZ 85007
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Michael A. Parham
New Member
Posts:14
| 14 Nov 2016 04:45 PM |
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Williams, Zinman & Parham P.C.
7701 East Indian School Road, Suite J
Scottsdale, Arizona 85251
(480) 994-4732
Michael A. Parham, #004853
Melissa A. Parham, # 025670
Attorneys for Commenting Parties Manufactured Housing
Communities of Arizona and Michael A. Parham
Granted 11/14/2016 Motion for Leave to File Additional Comments.
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JudgeGeraldWilliams
New Member
Posts:12
| 26 Jan 2017 05:18 PM |
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Gerald A. Williams
Arizona Bar No. 018947
North Valley Justice Court
14264 West Tierra Buena Lane
Surprise, AZ 85301
Additional Objections to Proposed Rule Changes, to Proposed Mandatory Court Forms, and to Proposed Mandatory Notice Forms
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Mark Hyatt Tynan
New Member
Posts:2
| 17 Feb 2017 11:32 AM |
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Attached please find comments and objections regarding this Petition from private tenant attorneys Mark Tynan, Jesse Cook, and Mark Tucker.
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Michael A. Parham
New Member
Posts:14
| 17 Feb 2017 02:19 PM |
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Williams, Zinman & Parham P.C.
7701 East Indian School Road, Suite J
Scottsdale, Arizona 85251
(480) 994-4732
Michael A. Parham, #004853
Melissa A. Parham, # 025670
Attorneys for Commenting Parties Manufactured Housing
Communities of Arizona and Michael A. Parham
These Commenting Parties continue to object to adoption of this proposal and in particular the revised forms that would become mandatory for the following reasons as set forth in the attached comments.
Size limitations required the ACAJ Forms showing non-statutory requirements be separately filed.
We also stand by our earlier objections to the adoption of this Proposal for the reasons given in our September 23, 2016 Comments.
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lKoschney
New Member
Posts:43
| 21 Feb 2017 02:27 PM |
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Denise Holiday #017275 Hull, Holliday & Holliday P.L.C. 7000 N. 16th Street, Suite 120-#484 Phoenix, AZ 85020-5547 (602) 230-0088 office (602) 230-7421 fax [email protected] Paul Henderson #022891 Law Offices of Scott Clark PC 3008 N. 44th Street Phoenix, AZ 85018-7206 (602) 957-7877 [email protected] |
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lKoschney
New Member
Posts:43
| 21 Feb 2017 03:04 PM |
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Scott M. Clark #6759
Law Offices of Scott M. Clark, P.C.
3008 N. 44th Street
Phoenix, AZ 85018-7206
(602) 957-7877
(602) 957-7876 fax
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jGraber
New Member
Posts:14
| 21 Mar 2017 02:03 PM |
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Hon. Lawrence F. Winthrop
1501 W. Washington, Suite 410
Phoenix, Arizona 85007
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Michael A. Parham
New Member
Posts:14
| 26 Mar 2017 01:02 PM |
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Williams, Zinman & Parham P.C.
7701 East Indian School Road, Suite J
Scottsdale, Arizona 85251
(480) 994-4732
Michael A. Parham, #004853
Melissa A. Parham, # 025670
Attorneys for Commenting Parties Manufactured Housing
Communities of Arizona and Michael A. Parham
These Commenting parties request that the Court strike the March 21, 2017 Reply of ACAJ as being unauthorized.
In the alternative they request leave to file additional comments on the proposed rule revisions. The Reply proposes yet another set of revised forms that continues to be defective in many respects and upon which public comments should be allowed.
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Michael A. Parham
New Member
Posts:14
| 26 Mar 2017 01:12 PM |
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Williams, Zinman & Parham P.C.
7701 East Indian School Road, Suite J
Scottsdale, Arizona 85251
(480) 994-4732
Michael A. Parham, #004853
Melissa A. Parham, # 025670
Attorneys for Commenting Parties Manufactured Housing
Communities of Arizona and Michael A. Parham
These Commenting Parties request that the Court vacate or dismiss R-16-0040 for the reason that the proposal to mandate the use of eviction forms such as would be required here is now specifically prohibited by amendments to the affected landlord-tenant and forcible entry and detainer laws enacted in HB2237, signed by the Governor on March 21, 2017.
The bill will go into effect 90 days after adjournment of the legislature. That will be in advance of the time the Court is scheduled to take up this Petition. Even if the new laws were effective after such forms were mandated, they would render a requirement for use of the forms unenforceable.
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