Arizona Rules of the Supreme Court
This rule amendment clarifies that there is no fee for filing a petition for a writ of habeas corpus. References that were previously made in the rule and in post-conviction form #1 to applications to proceed in forma pauperis have been deleted.
Impact: Fee codes for a petition for a writ of habeas corpus should show “no charge”.
Emergency effective date:
July 29, 2010
Open for comment until May 20, 2011
This rule has been amended to conform to HB 2109. It allows the presiding judge of the county to close the Superior Court on the day after Thanksgiving, and to keep the court open on Columbus Day, if the county’s board of supervisors has designated the day after Thanksgiving as a legal holiday in place of Columbus Day.
Impact: The court’s calendar should conform to the holiday schedule that has been adopted.
Court of Appeals
Notwithstanding Rule 111(b), the Supreme Court may order that either an entire or a specified portion of an opinion certified for publication by the Court of Appeals not be published.
Impact: Depublication of an opinion does not alter the result in the Court of Appeals. (See further 32 Ariz. State Law Journal 175, footnote 15.)
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