Civil

Rule 67

R-13-0044

Superior

Judges
Clerks
Admin

Summary:  These amendments delete Rule 67 sections (d), (e), and (f).  These provisions currently allow the court, upon defendant’s motion, to require a plaintiff who does not own property in Arizona to post security for costs.

Note:  The JCRCP does not include an analog to Rules 67(d), (e), and (f).

Impact:  Information only.

Rule 53(a) and (b)

R-13-0052

Superior 

Judges
Clerks
Administrators

Summary:  The current rule does not include guidance for appointment of a master over the objection of a party.  The amendments fill that gap by allowing an opportunity for a party’s objection and a hearing on the objection.

Impact:  Amendments to Rule 53(a)(3) provide that if a party objects to appointment of a master, the court -- after providing notice to the parties and an opportunity to be heard -- may choose from various options (among them, declining to make the appointment, or relying on specified factors in making the appointment).   

Rule 53(a)(4) also provides that the court must give the parties notice and an opportunity to be heard before appointing a specific master.

Rule 55(b)(1)

R-13-0053

Superior 

Judges
Clerks
Administrators

Summary:  The amendment includes a comment that states: “This amendment clarifies when a defendant has a right to notice and a hearing if the plaintiff’s claim is for a sum certain or for a sum that can be made certain by computation.”                                               

Note:  Compare JCRCP Rules 140(e) and 140(j).

Impact:  As stated in the above-comment, “Under the amendment, a defendant who has been defaulted on such a claim under Rule 55(b)(1), but who makes a post-default appearance, is not entitled to notice and a hearing before judgment may be entered.”

Rule 64.1

R-14-0001

Superior
Justice
Municipal 

Judges
Clerks
Administrators

Summary:  These amendments to Rule 64.1 (a) delete a provision that prohibits service of a civil arrest warrant between 10 p.m. and 6:30 a.m., and therefore allow service of a civil arrest warrant 24-hours a day; and (b) delete a requirement that the arrested person be brought before the issuing judge, and instead requires the arrested person to be brought before “the nearest available judge.”

Note:  JCRCP Rule 145(c) adopts certain provisions of Rule 64.1 and includes those provisions in the JCRCP appendix. 

Impact:  Judges should anticipate initial appearances for persons arrested on civil arrest warrants issued by other courts.

Rule 5(c)(2)
Rule 6(e)

R-14-0003

Superior
Justice
Municipal 

Judges
Clerks
Administrators

Summary:  The amendments authorize electronic service of court filings on attorneys of record through electronic filing service providers approved by the Administrative Office of the Courts. (A party serving a document under the amendment to Rule 5(c)(2) is not required to confirm that the recipient has consented in writing to receive documents electronically.)

The amendment to Rule 6(e) gives a party served through an electronic service provider under amended Rule 5(c)(2) the five extra days to respond currently provided by Rule 6(e) for a party who is served by mail. 

Note:  Compare JCRCP Rule 120(b)(5).

Impact:  Clerks must include the five extra days allowed by these amendments in calendaring a party’s time to respond.

Rule 64.1
Also: ARFLP 94

Superior
Municipal 

Judges
Clerks
Administrators

Summary:  Rule 64.1 has the following change: “The civil arrest warrant shall be ordered by the judge and issued by the court clerk.”  A similar change is made to ARFLP Rule 94(C).

Note:  JCRCP Rule 145(b) provides that a civil arrest warrant is issued by “the court.”

Impact:  Information only.