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Rule 2. Definitions; Computing Time; Attorneys

Arizona Revised Statutes AnnotatedRules of Court Procedure for Civil Traffic, Boating, Marijuana, and Parking and Standing ViolationsEffective: January 1, 2022

Arizona Revised Statutes Annotated
Rules of Court Procedure for Civil Traffic, Boating, Marijuana, and Parking and Standing Violations (Refs & Annos)
Effective: January 1, 2022
17C A.R.S. Traffic Violation Cases Civ.Proc.Rules, Rule 2
Rule 2. Definitions; Computing Time; Attorneys
(a) “Case” means a civil traffic, civil boating, civil marijuana, or parking or standing case, unless otherwise specified.
(b) “Civil traffic violation” means any violation designated as such under the provisions of A.R.S. § 28-121 or expressly designated as such by a city or town traffic ordinance, or by any other statute, charter, ordinance, rule, or regulation relating to the operation or use of a motor vehicle or other motorized or human powered device, or to the operation of any other vehicle, or to the use of streets and highways by pedestrians, which is punishable by a civil sanction.
(c) “Civil boating violation” means any violation of Articles 1 through 11, Chapter 3, Title 5, Arizona Revised Statutes, or any other statute, charter, ordinance, rule, or regulation relating to the operation or use of motorized watercraft, motorboats, or sailboards, or operating any other watercraft, that is punishable by a civil sanction.
(d) “Civil marijuana violation” means any violation designated as such under A.R.S. § 36-2853, or any other statute, charter, ordinance, rule, or regulation relating to marijuana or marijuana paraphernalia, that is punishable by a civil penalty.
(e) “Court” means a justice court or a city or town court. Unless the context otherwise requires, “trial court” also means the justice or municipal court.
(f) “Complaint” means a civil traffic, civil boating, civil marijuana, or parking or standing complaint, unless otherwise specified.
(g) “Judge” means a justice of the peace, judge, or magistrate.
(h) “Hearing officer” for the purposes of these rules means a judicial officer appointed pursuant to law.
(i) “Parking or standing violation” means any violation of Article 13, Chapter 3, Title 28, Arizona Revised Statutes, or any other statute, ordinance, rule, or regulation, arising solely from the parking, stopping, or standing of a vehicle.
(j) “Party” means the State or the defendant. A law enforcement officer, police aide, traffic investigator, or parking enforcement volunteer is not a party.
(k) The “uniform traffic ticket and complaint” as referenced in Articles 3 and 4, Chapter 5, Title 28, Arizona Revised Statutes, is identified in these rules by the name “Arizona Traffic Ticket and Complaint.”
(l) “Violation” means a civil traffic, civil boating, civil marijuana, or parking or standing violation, unless otherwise specified.
(m) Computing time. In computing time limits, when the last day of any period of time used in these rules falls on a Saturday, Sunday, or day when the court is closed, the “last day” is the next day the court is open. The day of the act or event from which the designated time period begins is not to be included. Except as stated by these rules or by order of the court in a particular case, filing deadlines are not enlarged when sent by mail.
(n) Attorneys. Unless the context otherwise requires, the requirements of these rules may be performed by an attorney who has filed a proper notice of appearance.

Credits

Amended Oct. 1, 1997, effective Oct. 1, 1997. Adopted in final form effective Jan. 12, 1998; amended Oct. 11, 2002, effective Dec. 1, 2002; Sept. 5, 2007, effective Jan. 1, 2008. Amended and effective on an emergency basis Sept. 26, 2008. Adopted on a permanent basis Sept. 3, 2009, effective Jan. 1, 2010. Amended Aug. 27, 2015, effective Jan. 1, 2016; Aug. 25, 2021, effective Jan. 1, 2022.
17C A. R. S. Traffic Violation Cases Civ. Proc. Rules, Rule 2, AZ ST CIV TRAF Rule 2
State Court Rules are current with amendments received and effective through 11/1/22. The Code of Judicial Administration is current with amendments received through 11/1/22
End of Document