The Brief - January 2013

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Vol. 9, No. 1                                                                                                                January 2013


eFiling Caution

When eFiling Proposed Orders, ensure the document submitted has a margin at the top of the page of at least two inches, as required by Civil Procedure Rule 10(d). The top left corner of the page is where the Court’s granted or denied language is stamped in eFiling. Several firms have their firm name or address occupying this part of the page, which distorts or covers the Court’s ruling.


West Court Remodel Reminder

The first phase of construction is complete and non-criminal file counters (civil, family, tax and probate) are now available on the first floor of the West Court Building. The new space includes file counters and a public lobby designed to better serve our customers. The area can be accessed from the Central Court Building in downtown Phoenix. A file counter will also remain at the Old Courthouse as another option for all Probate and Mental Health filings.


Local Rule Changes

The Superior Court in Maricopa County requested extensive changes to the local rules of procedure. The new rules will reflect the emergence of eFiling, the Electronic Court Record, case management and other process changes. Maricopa County rules will be added, deleted, and modified and will change how documents are filed, processed, and reviewed by the Clerk and Court across all case types. The Supreme Court is allowing public comment to the proposed local rules through the Court Rules Forum online. View the proposal at by clicking on "Rules Forum" in the drop-down menu under "AZ Supreme Court." Under the heading "Rules Links," click on "View or File Rule Change Petitions and Comments," and then “Submit a New Rule Change Petition.” Comments to the petition must be filed with the Supreme Court on or before April 30, 2013. The Petition number is R-12-0033.


New Statewide Court Rules

Most court rules approved by the Supreme Court in August of 2012 take effect this month. Summaries of a selection of rules appear below.


Rule 123: Case Information Unavailable Remotely

Rule petition R-12-003 expanded the types of cases that cannot be available to the general public remotely. No minute entries have been available on the Clerk’s minute entry website for over a year in criminal cases where a juvenile was the alleged victim of a sex offense. The latest version of Rule 123 expands this prohibition to cases involving juvenile victims of prostitution and obscenity. The records remain public and accessible from a public access terminal and through the ECR Online, but not through the Clerk’s minute entry website.

Uniform Interstate Depositions and Discovery Act

To request issuance of a subpoena under this rule, a party must present a foreign subpoena to the Clerk in the county in which discovery is sought to be conducted. Below the originating jurisdiction’s case number, the foreign subpoena must include the phrase: “For the Issuance of an Arizona Subpoena Under Ariz. R. Civ. P. 45.1”. The new rule has other formatting requirements, such as information identifying the case and foreign court where the case is pending. Proper formatting will improve your results with these documents, particularly as the process will be new in 2013. The State Bar of Arizona has indicated it will issue foreign subpoenas through its Subpoenas Online system.