Vol. 14, No. 9 September 2018
New court rules, new court
forms
August and September are good months to review the forms you create or
download. Legislation that went into effect on August 3 required updates
to court forms to conform to the legislative changes. The Supreme Court also
conducted its rules agenda in August and approved new or modified rules.
Although rule changes usually take effect the following January 1, some may
become effective earlier. Those rule changes often require updates to court
forms. To ensure you’re using the latest version of court forms, periodically see
the Clerk’s website at http://www.clerkofcourt.maricopa.gov/CATALOG.htm and the Superior Court’s website at https://www.superiorcourt.maricopa.gov/SuperiorCourt/LawLibraryResourceCenter/Index.asp. The Supreme Court will hold another rules
agenda in December, so look for additional changes effective January 1 that
weren’t part of the August rules agenda.
Civil cover sheets
Civil cover sheets were recently updated to reflect the court rules’ case
tiering process. Although amounts in controversy and case tiers usually
correlate, there are situations where the complexity or likelihood of
litigation make a different tier appropriate. Unfortunately, the Clerk’s office
is receiving cover sheets where no amount in controversy and no tier are
selected, which causes problems with properly assigning cases. Remember to
review Civil Rule 26.2, “Discovery Tier or Amount Pleaded” as a completed civil
cover sheet with amounts and case tier information is required under Civil Rule
8(g).
Election cases spike
Election challenges and
statewide ballot initiative challenges are filed in the Superior Court in
Maricopa County and are subject to an expedited hearing and decision schedule
under statute. The need to print ballots with the correct information demands
that these cases get through the trial and appellate courts timely. In 2016, more
than 50 election challenges and appeals were filed in Superior Court at this
point in the cycle. That’s a busy season, until compared to this year, when more
than 80 election challenges and appeals were filed. Perhaps the most publicized
case this season involved a ballot issue, where the Clerk’s office issued approximately
1,500 subpoenas for witnesses and processed approximately 6,000 related hearing
exhibits. The Clerk’s office appreciates the coordination and help it gets from
the parties, the Superior Court, the Recorder’s office, the numerous staff and
legal support staff involved, and others who ensure these important aspects of
the democratic process work.
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