Rejected Rule Petitions



Civil Rules 4.1(d) and 5(c) [also ARFLP Rules 41(C) and 41(D)]

The petition addressed issues related to service, including the definition of “suitable age and discretion;” how to make service when access to a residence is restricted because the home is in a gate-guarded community; and how to make service on a defendant at his or her usual place of business.


Civil Rule 10(d)
The petition requested a change in the number of lines per page of filed documents from 28 lines to 22 lines.


Civil Rule 15(a)(3)
Under this proposal, a party would have filed a response to an amended pleading only if one was “required.”


Civil Rule 26(b)(4)
The petition requested that the Arizona rule conform to the federal rule; and that the Arizona rule provide work product protection for an expert’s draft reports, and for most of counsel’s communications with an expert witness.


7 Ariz. Legal Forms, Crim. Procedure,
§ 12.7, Form 2 (2nd Ed.)
This petition requested a change in the text in Crane McClennan’s treatise on criminal procedure concerning allegations of enhancements, and specifically, a change of the word “amends” to “supplements.”


Criminal Rule 12.9(b)

The petition noted that Rule 12.9 (Challenge to Grand Jury Proceedings) currently lacks a clear deadline to file a motion for a new finding of probable cause following the remand of a case for a new trial.  This proposed amendment would have set this deadline as no later than 25 days after the mandate remanding the case.


ARPOP Rule 1(D)(4)
The petition requested that when a court sustained a criminal order of protection in a domestic violence case following a hearing, the court could order only the defendant (and not other members of the public) to remain in the courtroom for a short time after the court excused the plaintiff, to avoid contact between the parties.