The Brief - October 2015

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The Brief

Vol. 11, No. 9                                                                             October 2015

National Adoption Day

Maricopa County expects to lead the nation again in adoptions at this year’s 16th Annual National Adoption Day, scheduled for Saturday, Nov. 21, 2015 at the Juvenile Court Center located at 3131 W. Durango St. in Phoenix. The public is welcome to attend this free event and can expect appearances from well-known local figures as well as sports team mascots and other supporters of this family-friendly celebration.

Judges, as well as clerk and court staff, work with other volunteers to prepare for and carry out the event each year, which has been the largest of its kind in the country for several years. The deadline for filing an adoption petition to take part in the event is Friday, Oct. 9, 2015. The deadline for all other adoption paperwork is Friday, Oct. 30, 2015 to participate in the National Adoption Day events in November. For questions regarding this year’s adoption event and for more information, see the Facebook page for the Maricopa County National Adoption Day Foundation.

Subpoena Catch-22

There are situations where wireless cell phone companies and their subsidiaries deliver subpoenaed materials to the court or Clerk’s Office. The wireless carriers’ policies require this in situations where their legal departments have determined judicial review is appropriate. As well-intentioned as those policies may be, they do not comply with the terms of the subpoena and cannot create an obligation for in-camera or ex parte judicial review. The Clerk’s Office does not have an agency relationship with parties to cases or the resources to manage and distribute materials that do not comply with a subpoena. This loop can result in materials bouncing back and forth, increasing costs, and delaying discovery.

If you are concerned about compliance with a subpoena or notice that materials are not being received timely from a wireless carrier, you may need to proactively contact them to compare expectations and resolve receipt of the materials. The Clerk’s Office has contacted wireless companies, highlighted its concerns, and requested those companies to follow the requirements of each subpoena.

Commercial Court Experimental Rule Amended

Supreme Court Administrative Order 2015-86 further amended and restyled experimental civil rule 8.1 that applies to cases in the commercial court. The commercial court is a three-year pilot program that went into effect in the Superior Court in Maricopa County on July 1, 2015. Read the Order and amended rule online at http://www.azcourts.gov/Portals/22/admorder/Orders15/2015-86.pdf.

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