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FREQUENTLY ASKED QUESTIONS
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Below you will find a table of contents for the Frequently Asked Questions. |
| 1. How are Arizona’s court rules established? |
| 2. Who may propose the adoption or repeal of a rule or rule amendment? |
| 3. How do I file a Rule 28 petition? (Click here to see sample petition) |
| 4. When will the Arizona Supreme Court consider my Rule 28 petition? |
| 5. What action may be taken by the Court in response to my petition? |
| 6. If my petition is circulated for comment, what should I do to keep abreast of developments and support the petition’s adoption? |
| 7. Who is entitled to comment on Rule 28 petitions? |
| 8. How do I submit a comment on a Rule 28 petition? |
| 9. Will my comments be considered by the Court? |
| 10. Does the Court hold public hearings on court rules? |
| 11. Am I allowed to inspect the rule petition file? |
| 12. How do I convert my document to PDF? |
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1) How
are Arizona’s court rules established? |
|
2) Who
may propose the adoption or repeal of a rule or rule amendment? |
| 3)
How do I file a Rule 28 petition? You may file a rule change petition using electronic filing or by the traditional paper filing method. The court encourages the use of electronic filing over the traditional paper filing process. Complete information on how to file a Rule 28 petition using either method may be found in the FAQs on the "View/File Rule Change Petitions and Comments" page. Click here to file a petition. |
| 4)
When will the Arizona Supreme Court consider my Rule 28 petition? Following the filing of a rule petition, the court may order it open for comment. The comment period will close on a date specified by the court. The court considers adoption of rule change petitions only once per year. Your Rule 28 petition must be filed on or before 5:00 P.M. November 1 in any given year in order to be considered and acted upon by the court at an annual rules conference in September. Exceptions are made for emergency matters or other compelling circumstances, including legislative enactments or statutory amendments, urgently needed administrative reforms, or matters affecting litigants' due process, fair trial, or other constitutional rights that require immediate adoption or amendment of rules. If you want the court to consider your petition on an emergency basis, you must file a motion for expedited consideration along with your petition, specifying the reasons for the emergency consideration. If you file electronically, this motion may be filed, in PDF format, as supporting documentation to the petition. |
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5) What
action may be taken by the Court in response to my petition? |
| 6)
If my petition is circulated for comment, what should I do to keep
abreast of developments and support the petition’s adoption? Under Rule 28, all persons commenting on your petition are required to send a copy of their comment to you as petitioner. Therefore, you should be aware of all public comment filed on your petition. However, it is advisable to check the court file after the expiration of the comment period to make sure that you have received all comments filed. As petitioner you have until June 30th (or 30 days after the close of the comment period) to file a response to the comments (called a "Reply"). After consideration of all comments filed and your Reply, the Court will take action on your petition by adopting or modifying it, rejecting it, or postponing it to a future time. You will be notified of any action taken on your petition. |
| 7)
Who is entitled to comment on Rule 28 petitions? Any member of the public is entitled to comment on a Rule 28 petition. In addition, persons and entities on a standard list ( see Rule 28(C)(1)) are invited to comment on each Rule 28 petition. The Court also informs the media and "such other persons or organizations as may be designated by the Court". |
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8) How
do I submit a comment on a Rule 28 petition? |
| 9)
Will my comments be considered by the Court? All comments that are timely filed are considered by the Court in deciding to adopt, modify or reject a proposed rule. |
|
10) Does
the Court hold public hearings on court rules? |
| 11)
Am I allowed to inspect the rule petition file? The rule petition file in the Clerk's Office is open to public inspection during business hours. It is helpful to have the official number of the rule petition file available for the Clerk’s Office staff when requesting assistance. All current petitions, whether filed electronically or by the traditional method, will be posted to the Court Rules Forum for review. The official number will be posted for each rule petition. |
| 12)
How
do I convert my document to PDF?
There
are numerous tools available for converting your documents into PDF. Adobe
sells Acrobat, and other software vendors market an extensive variety of
tools (see www.planetpdf.com);
most are inexpensive, and some are free. More recent versions of major
word processing software, such as Microsoft Word or Corel WordPerfect,
include drivers for producing PDF files. Some vendors on the Internet
offer services for converting documents to PDF. Most are very inexpensive,
and many are free. Below is a starter list: http://www.expresspdf.com/ConvertWordToPdf.aspx |