The Brief - September 2017

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The Brief

Vol. 13, No. 9                                                                        September 2017

Individual Subpoenas

Attorneys and legal support staff periodically ask the Clerk’s Office if individual civil subpoenas (particularly “blank” subpoenas) can be copied and used for multiple witnesses. The Clerk’s position, based on an informal opinion from the Attorney General’s office, is that the statutes and civil rules intend for one original subpoena per recipient. An original subpoena issued by the Clerk is not intended to be copied and reissued to multiple witnesses or to list multiple witnesses on one subpoena. With some statutory exceptions for specific agencies, only the Clerk or the State Bar on the Clerk’s behalf may issue an original subpoena in Arizona. To make copies of an original blank subpoena and serve them on different parties would circumvent the rules and statutes that specify the Clerk as the entity authorized to issue subpoenas. Arizona’s rules do not provide for attorneys issuing their own subpoenas. If a case requires subpoenaing 20 witnesses, this protocol requires the Clerk to issue 20 subpoenas—one for each witness. Civil Rule 45(a)(1)(D) requires that all subpoenas substantially comply with the format approved by the Arizona Supreme Court in Rule 84, Form 9, Form of Subpoena.

 

Mental Health Annex

The superior court has a new, third location for the court’s mental health calendar, called the ANNEX. The ANNEX is located in a separate building in close proximity to the Arizona State Hospital. The ANNEX calendar is intended to provide relief to the mental health calendar held at the Desert Vista facility in Mesa. The ANNEX calendar started as a part-time calendar in July, with matters heard on Tuesday and Friday each week and will continue to build over time. The ANNEX project is led by the court’s Probate and Mental Health department.

 

AzCourtHelp.org Virtual Legal Resource Center – More Than a Website

Arizona’s Supreme Court recently announced national recognition given to AzCourtHelp.org, a collaborative resource for Arizona’s courts, which launched in January 2017. The website received an award for making the best use of technology to improve court services and access to the public.

AzCourtHelp.org offers free assistance to people who have legal questions or need assistance resolving disputes. The virtual legal resource center is especially helpful to self-represented litigants who would otherwise not have access to legal resources in their area. Even basic information such as what court to visit for a particular issue can be confusing to the public. The website addresses legal questions ranging from divorce and custody to landlord/tenant issues, civil disputes, and criminal charges. During normal business hours, there is an online chat feature staffed by court employees and law librarians. Live webinars on popular topics are available each month at AzCourtHelp.org/public-events. One popular feature is virtual tours, allowing users to see what a courthouse looks like, as well as courtrooms, parking areas, and more. Accessibility features allow text to be read aloud or translated and users with visual impairments can adjust text size or contrast. For more information, see the Supreme Court’s announcement online at https://www.azcourts.gov/Portals/201/Press%20Releases/2017Releases/071717AzCourtHelpAwardsJuly2017.pdf#zoom=100.  

 

We’re Closed

The heat will still be here Monday but you won’t find us. The Clerk’s offices are closed September 4 for Labor Day. If you need to file, use electronic filing if available or use one of the Clerk’s external filing depository boxes. The 24-hour filing depository boxes are available for Criminal, Family Court, Tax, and Probate filings and for some Civil filings. The boxes are not for any Juvenile filings or for Civil filings that must be eFiled. Find the box locations online at http://www.clerkofcourt.maricopa.gov/alternative_filing.asp.