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Last Post 30 May 2019 05:08 PM by  State Bar of Arizona
R-19-0018 Petition to Amend Rule 5(d) and 10(a), Ariz. R. P. Eviction Actions
 10 Replies
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State Bar of Arizona
New Member
Posts:67 New Member

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10 Jan 2019 02:59 PM
    State Bar of Arizona Petition
    Lisa M. Panahi, Bar No. 023421
    General Counsel
    State Bar of Arizona
    4201 N. 24th St., Suite 100
    Phoenix, AZ 85016
    602-340-7236
    patricia.seguin@staff.azbar.org

    Would amend Rules 5(d) and 10(a), Arizona Rules of Procedure for Eviction Actions, to require the landlord to serve additional relevant documents with the complaint

    Filed: January 10, 2019

    Comments must be submitted on or before May 1, 2019.

    Replies must be submitted on or before June 1, 2019.
    Attachments
    JudgeGeraldWilliams
    New Member
    Posts:10 New Member

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    14 Mar 2019 03:41 PM
    Hon. Keith Russell
    Presiding Justice of the Peace
    Maricopa County Justice Courts
    222 North Central, Suite 210
    Phoenix, AZ 85004
    (602) 372-1562
    KeithRussell@mcjc.maricopa.gov


    Response to Proposal That a Copy of All Trial Evidence Be Served With Every Residential Eviction Complaint
    Attachments
    Terri McKenney
    New Member
    Posts:1 New Member

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    04 Apr 2019 03:35 PM
    Terri McKenney
    Property Manager, BR556237000
    RE/MAX Power Realty
    9880 S. Rural Rd, STE 113
    Tempe, AZ 85284
    I understand the need for tenants to have access to the same information available to the Landlord during an eviction proceeding. However, I disagree with the proposed rule change in having sensitive documents served with the eviction notice. Tenants, knowing they are behind in rent, often refuse to collect their certified mail and/or open their doors to a Landlord or process server--leaving many landlords to post the notice directly on the front door (particularly in multi-family units). The proposed rule change would not solve the issue of Tenants' failure to possess pertinent documentation, but would open them up to having sensitive financial information subject to public scrutiny. Perhaps the Petition in question would better serve the Tenant if Landlords were required to include with each Notice to Evict a cover letter outlining the Tenants' rights--including their right to receive additional documentation prior to their court date. (Rule 125?)
    chadkamp
    New Member
    Posts:1 New Member

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    11 Apr 2019 02:40 PM
    Chad Kamp
    Property Manager, BR533142000
    Coannah Realty Inc
    3130 N Arizona Ave Ste 107
    Chandler AZ 85225

    I disagree with this proposed rule change regarding the need to post all evidentiary documents in such a public method.

    In this day and age of identity theft, this would be an opportunity for identity thieves easy access to confidential information to cause harm to both tenants and landlords.
    Julie Graber
    New Member
    Posts:9 New Member

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    18 Apr 2019 01:19 PM
    Lawrence F. Winthrop
    Arizona Commission on Access to Justice
    1501 W. Washington St., Suite 410
    Phoenix, AZ 85007

    Comment by the Arizona Commission on Access to Justice.
    Attachments
    melissaparham
    New Member
    Posts:2 New Member

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    01 May 2019 09:28 AM
    Attached please find comments from Manufactured Housing Communities of Arizona opposing the proposed amendments to Rules 5 and 10 of the Arizona Rules of Procedure for Eviction Actions.

    Williams, Zinman & Parham P.C.
    Attorneys at Law
    7701 East Indian School Road, Suite J
    Scottsdale, Arizona 85251
    (480) 994-4732
    Scott E. Williams, #012417
    Mark B. Zinman, #024028
    Melissa A. Parham, #025670
    Scott A. Baluha, #029957
    clerkofcourt@wzplegal.com
    Attachments
    Wm. E Morris Institute for Justice
    New Member
    Posts:10 New Member

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    01 May 2019 11:42 AM
    Ellen Sue Katz
    William E. Morris Institute for Justice
    3707 North Seventh Street, Suite 300
    Phoenix, Arizona 85014-5095
    (602) 252-3432
    eskatz@qwestoffice.net
    AZ Bar. No. 012214
    Attachments
    Christopher R. Walker
    New Member
    Posts:1 New Member

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    01 May 2019 01:37 PM
    Attached please find the Arizona Multihousing Association's Opposition to R-19-0018 Petition to Amend Rule 5(d) and 10(a), Ariz. R. P. Eviction Actions.

    Christopher R. Walker, Esq. (AZBN 028977)
    Law Offices of Scott M. Clark, PC.
    4222 E. Thomas Rd., Ste. 230
    Phoenix, Arizona 85018
    Tel: (602) 750-1379
    Email: Christopher@scottclarklaw.com
    Attorneys for Arizona Multihousing Association
    Attachments
    DMHolliday2
    New Member
    Posts:2 New Member

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    01 May 2019 02:58 PM
    Please see the attached comment and objection to the proposed changes to the Rules of Procedure for Eviction Actions 5(d) and 10(a).

    Attorney Denise M. Holliday (SBN #017275)
    HULL, HOLLIDAY & HOLLIDAY P.L.C.
    7000 N. 16th Street, Suite 120-#484
    Phoenix, Arizona 85020-5547
    (602) 230-0088 office
    holliday@h3landlordlaw.com
    Attachments
    DMHolliday2
    New Member
    Posts:2 New Member

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    01 May 2019 03:04 PM
    Please see the attached response and objection to the proposed changes to Rules 5(d) and 10(a) of Arizona's Rules of Procedure for Eviction Actions by Attorney Denise Holliday.

    DENISE HOLIDAY (#017275)
    HULL, HOLLIDAY & HOLLIDAY P.L.C.
    7000 N. 16th Street, Suite 120-#484
    Phoenix, Arizona 85020-5547
    (602) 230-0088 office
    holliday@h3landlordlaw.com
    Attachments
    State Bar of Arizona
    New Member
    Posts:67 New Member

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    30 May 2019 05:08 PM
    Reply of the State Bar of Arizona
    Lisa M. Panahi, Bar No. 023421
    General Counsel, State Bar of Arizona
    4201 N. 24th St., Suite 100
    Phoenix, AZ 85016
    602-340-7236
    patricia.seguin@staff.azbar.org
    Attachments
    Topic is locked