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Last Post 10 May 2007 09:55 AM by  spickard
R-06-0026 Petition to amend Rule 5(c)(1) of the Arizona Rules of Civil Procedure and its equivalent, Rule 43(C), Arizona Rules of Family Law Procedure
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nasha
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31 Oct 2006 03:34 PM
    R-06-0026

    PETITION TO AMEND RULE 5(c)(1), ARIZONA RULES OF CIVIL PROCEDURE AND RULE 43(C), ARIZONA RULES OF FAMILY LAW PROCEDURE

    TO DELETE THE OPTION OF SERVING A PARTY BY LEAVING DOCUMENTS WITH THE CLERK OF THE SUPERIOR COURT

    Petitioner:
    Juanita Mann, President
    Arizona Association of Superior Court Clerks
    P.O. Box 668
    Holbrook, AZ 86025
    Phone 928-524-4176
    Fax 928-524-4261
    [email protected]

    Filed October 31, 2006

    COMMENT PERIOD CLOSED AS OF MAY 21, 2007.

    ADOPTED as modified, effective January 1, 2008.
    Attachments
    spickard
    Posts:

    --
    10 May 2007 09:55 AM
    Committee on Superior Court
    Honorable James A. Soto, Chair
    Superior Court in Santa Cruz County
    P.O. Box 1929
    Nogales, Arizona 85628
    (520) 375-7730

    IN THE ARIZONA SUPREME COURT

    In the matter of PETITION TO ) Supreme Court No. R-06-0026
    AMEND RULE 5(c)(1), ARIZONA )
    RULES OF CIVIL PROCEDURE ) COMMENT OF THE
    (NOW RULE 5(c)(2)(D), AND ) COMMITTEE ON
    RULE 43(C), ARIZONA RULES OF ) SUPERIOR COURT
    FAMILY LAW PROCEDURE )
    (NOW RULE 43(C)(2)(d)) )
    )

    The Committee on Superior Court, through undersigned, files the following comment pursuant to Rule 28, Arizona Rules of the Supreme Court, to Petition R-06-0026, concerning amendments to Rule 5(c)(1), Ariz.R.C.P., and Rule 43(C), Ariz.R.F.L.P., relating to deleting the option of serving a party by leaving documents with the clerk of the Superior Court.

    The Committee, in conjunction with petitioner, Arizona Association of Superior Court Clerks, supports the effort to eliminate the procedure for leaving documents with the court clerk for those parties who cannot be served through counsel or because the party’s address is unknown.
    Regarding the corrected civil and family law rule numbers cited in the petition, this comment is limited to a statement that the proposed rule changes are not intended to conflict with Rule 7(C), Arizona Rules of Family Law Procedure. Rule 7(C) allows a party to leave documents with the clerk of the court for service upon a party whose address is protected. Protected addresses are fundamentally different from the situation in civil rule 5(c)(2)(D) and family law rule 43(C)(2)(d).

    The Committee on Superior Court and petitioner, Arizona Association of Superior Court Clerks, supports the continuing ability to leave documents with the Clerk for service upon a party whose address is known, but protected by court order, while eliminating the ability to leave documents with the Clerk for service upon a party whose address is unknown.

    RESPECTULLY SUBMITTED this 11th day of May 2007.

    COMMITTEE ON SUPERIOR COURT
    Honorable James A. Soto
    Committee on Superior Court Chair

    Electronically filed with the Clerk
    Of the Supreme Court of Arizona
    this 11th day of May 2007.

    By: Susan R. Pickard
    Attachments
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    Forums Rule Change Petitions under Consideration Rules of Civil Procedure