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Last Post 02 Jun 2025 07:20 PM by  Andrew Patrick Schaffer
R-25-0019 Petition to Amend Rule 15 of the Rules of Procedure for Eviction Actions
 10 Replies
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Andrew Patrick Schaffer
New Member
Posts: New Member

--
10 Jan 2025 03:47 PM
    Respectfully filed and submitted on this 10th day of January 2025.

    WILLIAM E. MORRIS INSTITUTE FOR JUSTICE jointly and on behalf of COMMUNITY LEGAL SERVICES, DNA PEOPLE'S LEGAL SERVICES, and SOUTHERN ARIZONA LEGAL AID

    ANDREW P. SCHAFFER, AZ Bar. No. 037352
    BRENDA MUÑOZ FURNISH, AZ Bar. No. 027280
    MICHELLE J. SIMPSON, AZ Bar. No. 020199
    WILLIAM E. MORRIS INSTITUTE FOR JUSTICE
    3707 North Seventh Street, Suite 101
    Phoenix, Arizona 85014-5095
    (602) 252-3432
    [email protected]
    [email protected]
    [email protected]

    Filed: January 10, 2025

    Would amend Rule 15 of the Rules of Procedure for Eviction Actions to add three grounds for relief from eviction judgments and orders, and to add a stay during the three-day decision period for emergency matters.

    Comments must be submitted by no later than Thursday, May 1, 2025, and any reply by a petitioner must be submitted no later than Monday, June 2, 2025.
    Attachments
    Charles Adornetto
    New Member
    Posts: New Member

    --
    14 Feb 2025 12:08 PM
    Gerald A. Williams
    Arizona Bar No. 018947
    North Valley Justice Court
    14264 West Tierra Buena Lane
    Surprise, AZ 85274

    The Maricopa County Justice Court bench respectfully requests this Court reject the proposed amendments to Rule 11(d)(1) and to 18(d) of the Rules of Procedure for Eviction Actions.
    Attachments
    George King
    New Member
    Posts: New Member

    --
    16 Mar 2025 01:14 AM
    www.lang.law
    George H King
    6730 N Scottsdale Rd Ste 101
    Scottsdale, Az 85253
    (480) 534-4875

    My comment is not directed at the change requested, but instead to an additional very small, non-substantive revision to Rule 15 of this rule set that I believe would be beneficial. This revision would be to change "court days" to a corresponding number of "calendar days."

    d. Where a post judgment motion does not affect possession of property, the other party may file a
    response within (delete: 10 court; replace with [b]fourteen calendar days[/b]) of service of the motion. The moving party may then file a reply within (delete: 5 court; replace with [b]seven calendar days[/b]) of service of the response.

    The eviction statutes (as does virtually every other statute) all count by actual days, not court days. See A.R.S. 1-243. Making a large population of unrepresented litigants have to juggle between two different counting schemes causes needless confusion. And the list of court holidays is not fixed for all time, but changes every few years as different holidays are recognized (MLK Day, day after Thanksgiving) and removed (Columbus Day).

    For the record, my comments are my own, and do not necessarily reflect the opinions of my firm, or anyone else.

    Thank you for your consideration.
    Scott A. Baluha
    New Member
    Posts: New Member

    --
    20 Mar 2025 04:36 PM
    Zona Law Group P.C., attorneys for Commenting Party Manufactured Housing Communities of Arizona
    7701 E. Indian School Rd.
    Suite J
    Scottsdale, AZ 85251
    (480) 949-1400
    Scott A. Baluha
    [email protected]
    Bar Number: 029957
    Attachments
    afoster
    New Member
    Posts:48 New Member

    --
    30 Apr 2025 04:21 PM
    Comment in support of R-25-0019 on behalf of:

    Samuel A. Thumma
    Chair, Arizona Commission on Access to Justice
    Judge, Arizona Court of Appeals
    Division One
    State Courts Building
    1501 West Washington Street
    Phoenix, AZ 85007-3329
    Telephone: (602) 452-6700
    Attachments
    Denise Holliday
    New Member
    Posts: New Member

    --
    30 Apr 2025 04:53 PM
    Hull, Holliday & Holliday PLC, Attorneys for Commenting Party
    7150 N 16th Street
    Phoenix, Arizona 85020
    (602) 230-0088

    Denise Holliday
    Bar Number: 017275
    [email protected]

    Judy Drickey-Prohow
    Bar Number: 005796
    [email protected]
    Attachments
    Katherine Henrichs
    New Member
    Posts:2 New Member

    --
    30 Apr 2025 07:32 PM
    Katherine Henrichs
    AZ Bar No. 035928
    Disability Rights Arizona
    4539 E Ft Lowell Rd
    Tucson, AZ 85712
    520-327-9547
    [email protected]
    www.disabilityrightsaz.org

    Disability Rights Arizona respectfully requests this Court adopt the proposed amendments to Rule 15 of the Rules of Procedure for Eviction Actions.
    Attachments
    State Bar of Arizona
    Basic Member
    Posts:214 Basic Member

    --
    01 May 2025 01:11 PM
    Comment of the State Bar of Arizona

    Lisa M. Panahi
    Bar No. 023421
    State Bar of Arizona
    4201 N. 24th Street, Suite 100
    Phoenix, AZ 85016-6288
    (602) 340-7236
    [email protected]
    [email protected]
    Attachments
    Keally L Cieslik
    New Member
    Posts: New Member

    --
    01 May 2025 05:07 PM
    Keally L. Cieslik, AZ Bar No. 038984
    Organized Power in Numbers, a fiscally sponsored project of Working Families Organization
    100 N Howard Street, Suite #400
    Spokane, WA 99201-0508
    (508) 250-0518
    [email protected]

    Organized Power in Numbers ("OPIN") hereby respectfully submits this Comment in support of the Petition to amend Rule 15 of the Arizona Rules of Procedure for Eviction Actions.
    Attachments
    Charles Lucking
    New Member
    Posts: New Member

    --
    02 May 2025 02:43 AM
    Charles Lucking
    AZ Bar No. 031964
    Barton Mendez Soto PLLC
    401 W Baseline Rd Suite 205
    Tempe, AZ 85283
    (480) 418-0668
    [email protected]
    Commenting Party, Charles Lucking, hereby submits this comment in support of Petition R-25-0019 based on the need to provide tenants with relief from judgments to ensure just outcomes. Commenting Party represents tenants.
    There are very good reasons why an eviction order should be set aside, but there are some common-sense justifications missing from the Rules. If a judgment is void, either party should be able to have it set aside. The same if the judgement has been satisfied/released/discharged/reversed or vacated. These are clean-ups and should be incorporated into the RPEA.

    The second change in this petition contemplates a stay of an eviction judgment for three days upon filing a post-judgment motion. This is a short period of time and in an emergency situation it would prevent a tenant who otherwise would be potentially be wrongfully locked out of their homes an opportunity to prevent such an injustice from happening to them. It would also provide the court the opportunity to prevent a mistake from happening that would otherwise land a person on the street. This is a good rule change and I encourage the court to strongly consider approving it.

    My comments represent my own perspective and may not be reflective of that of my firm.
    Andrew Patrick Schaffer
    New Member
    Posts: New Member

    --
    02 Jun 2025 07:20 PM
    Attached, please find Petitioners' Reply to Comments in Arizona Supreme Court File No. R-25-0019.

    Respectfully filed and submitted on this 2nd day of June 2025.

    WILLIAM E. MORRIS INSTITUTE FOR JUSTICE jointly and on behalf of COMMUNITY LEGAL SERVICES, DNA PEOPLE'S LEGAL SERVICES, and SOUTHERN ARIZONA LEGAL AID

    ANDREW P. SCHAFFER, AZ Bar. No. 037352
    BRENDA MUÑOZ FURNISH, AZ Bar. No. 027280
    MICHELLE J. SIMPSON, AZ Bar. No. 020199
    WILLIAM E. MORRIS INSTITUTE FOR JUSTICE
    3707 North Seventh Street, Suite 101
    Phoenix, Arizona 85014-5095
    (602) 252-3432
    [email protected]
    [email protected]
    [email protected]
    Attachments
    Topic is locked