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Rule 105. Form of Filed Documents

Arizona Revised Statutes AnnotatedRules of Procedure for the Juvenile CourtEffective: January 1, 2023 to December 31, 2023

Arizona Revised Statutes Annotated
Rules of Procedure for the Juvenile Court (Refs & Annos)
Part I. General Provisions
Effective: January 1, 2023 to December 31, 2023
17B A.R.S. Juv.Ct.Rules of Proc., Rule 105
Formerly cited as AZ ST JUV CT Rule 1
Rule 105. Form of Filed Documents
(a) Filing with the Court Defined. The filing of documents with the court is accomplished by filing them with the clerk. If a judge permits, a party may, in open court, submit a document directly to a judge, who must promptly transmit it to the clerk for filing and notify the clerk of the date of its receipt.
(b) Effective Date of Filing.
(1) Except for documents submitted directly to a judge under Rule 105(a), a document is deemed filed on the date the clerk receives and accepts it.
(2) If a document is submitted directly to a judge under Rule 105(a) and is later transmitted to the clerk for filing, the document is deemed filed on the date the judge receives it.
(3) If a document is filed electronically, it is deemed filed on the date and time the clerk receives it as is shown on the notification from the court's electronic filing portal or as is displayed within the portal, unless the clerk later rejects the document based on a deficiency in the filing. If a filing is rejected because of a deficiency, the clerk must promptly provide the filing party with an explanation of the reasons for the rejection.
(4) If a person fails to meet a deadline for filing a document because of a failure in the document's electronic transmission or receipt, the person may file a motion asking the court to accept the document as timely filed. On a showing of good cause, the court may enter an order permitting the document to be deemed filed on the date that the person originally attempted to transmit the document electronically.
(5) If a party is incarcerated and another party contends that the incarcerated party did not timely file a document, the court must treat the document as filed on the date the incarcerated party delivered it to the prison authorities to deposit in the mail.
(c) Caption. Documents filed with the court must contain the following information as single-spaced text, typed or printed, on the first page of the document:
(1) to the left of the center of the page starting at line 1:
(A) the filing attorney's or self-represented person's name, address, telephone number, and email address; and
(B) if an attorney, the attorney's State Bar of Arizona identification number, any State Bar of Arizona law firm identification number, and the identification of the party being represented by the attorney;
(2) centered on or below line 6 of the page, the title of the court;
(3) below the title of the court and to the left of the center of the page, the title of the action or proceeding;
(4) opposite the title, in the space to the right of the center of the page, the case number of the action or proceeding;
(5) immediately below the case number, a brief description of the nature of the document; and
(6) below the document description, the judge to whom the case is assigned (if known).
(d) Document Format. Unless the court orders otherwise, all filed documents--other than a document submitted as an exhibit or attachment to a filing--must be prepared as follows:
(1) Text and Background. The text of every document must be black on plain white background. All documents filed must be single-sided.
(2) Type Size and Font. Notwithstanding any local rule, every typed document must use at least a 13-point type size. The court prefers sans serif fonts such as Arial, Helvetica, Courier, or Calibri. Footnotes must be in at least a 13-point type size and must not appear in the space required for the bottom margin.
(3) Page Size. Each page of a document must be 8 ½ by 11 inches.
(A) Despite this general requirement, exhibits, attachments to documents, or documents from jurisdictions other than the State of Arizona and larger than the specified size must be folded to the specified size or folded and fastened to pages of the specified size.
(B) Exhibits or attachments to documents smaller than the specified size must be fastened to pages of the specified size.
(C) An exhibit, an attachment to a document, or a document from a jurisdiction other than the State of Arizona not in compliance with these provisions may be filed only if it appears that compliance is not reasonably practicable.
(4) Margins and Page Numbers. Margins must be set as follows: a margin at the top of the first page and each subsequent page of not less than 11/02 inches; a left-hand margin of not less than 1 inch; a right-hand margin of not less than 1/02 inch; and a margin at the bottom of each page of not less than 1/02 inch. Except for the first page, the bottom margin must include a page number.
(5) Handwritten Documents. Handwritten documents are discouraged, but if a document is handwritten, the text must be legible.
(6) Line Spacing. Text must be double-spaced and may not exceed 28 lines per page, but headings, quotations, and footnotes may be single-spaced. A single-spaced quotation must be indented on the left and right sides.
(7) Headings and Emphasis. Headings must be underlined or be in italics or bold type. Underlining, italics, or bold type also may be used for emphasis.
(8) Citations. Case names and citations signals must be in italics or underlined.
(9) Originals. Parties must file original documents, except for attachments.
(10) Court Forms. Printed court forms may be single-spaced, but those requiring a judicial officer's signature must provide ample space for the signature. Printed court forms must be single-sided. All printed court forms must be on paper of sufficient quality and weight to assure legibility upon duplication or imaging.
(e) Electronically Filed Documents.
(1) Format.
(A) File Type. A document filed electronically that contains text, other than a scanned document image that is submitted under this rule, must be in a text-searchable .pdf, .odt, .docx format, or other format permitted by Administrative Order. A text-searchable .pdf format is preferred. A proposed order must be in a format that permits it to be modified such as .odt, .docx, or other format permitted by Administrative Order, and must not be password protected.
(B) Size. A document may not exceed the file size limits allowed by the court's electronic filing portal, but it may be broken up into multiple files to accommodate such a limit.
(2) Format of Attachments.
(A) Generally. An exhibit or an attachment to an electronically filed document may be filed electronically if it is attached to the same submission as either a scanned image or an electronic copy using an approved file type and format.
(B) Official Records. A scanned copy of an official record of a court or government body may be filed electronically if it contains the court's or body's official seal of authority or its equivalent.
(C) Notarized Documents. A scanned copy of a notarized document may be filed electronically if it contains the notarial officer's signature, a certificate as required by A.R.S. § 41-264, and stamp or seal, if applicable.
(D) Certified Mail, Return Receipt Card. When establishing proof of service by a form of mail that requires a signed and returned receipt, the return receipt may be filed electronically if both sides of the return receipt card, or electronic return receipt, are scanned and filed.
(E) National Courier Service. When establishing proof of service by a national courier service, the receipt for such service may be filed electronically by scanning and filing the receipt.
(3) Bookmarks and Hyperlinks.
(A) Bookmarks. A bookmark is a linked reference to another page within the same document. An electronically filed document may include bookmarks. A document that is incapable of bookmarking may be made accessible by a hyperlink. The use of bookmarks is encouraged.
(B) Hyperlinks. A hyperlink is an electronic link in a document to another document or to a website. An electronically filed document may include hyperlinks. Materials accessed via hyperlinks are not a part of the official court record. The use of hyperlinks is encouraged.
(4) Originals. An electronically filed document or a scanned copy of a document filed in hard copy constitutes an “original” under Arizona Rule of Evidence 1002.
(f) Signature.
(1) Generally. Every pleading, written motion, and other document filed with the court or served must be signed by at least one attorney of record in the attorney's name--or by a party personally if the party is unrepresented. The court must strike an unsigned document unless the omission is promptly corrected after being called to the filer's attention.
(2) Electronic Filings. A person may sign an electronically filed document by placing the symbol “/s/” on the signature line above the person's name. An electronic signature has the same force and effect as a signature on a document that is not filed electronically. The court may treat a document that was filed using a person's electronic filing registration information as a filing that was made or authorized by that person.
(3) Filings Made by Multiple Parties. A person filing a document containing more than one place for a signature--such as a stipulation--may sign on behalf of another party only if the person has actual authority to do so. The person may indicate such authority either by attaching a document confirming that authority and containing the signatures of the other persons who have authority to consent for such parties, or, after obtaining a party's consent, by inserting “/s/ [the other party's or person's name] with permission” as any non-filing party's signature.
(g) Proposed Orders.
(1) Required Format. A proposed order must be prepared as provided in this rule. It must be submitted as a separate document and may not be included as an integral part of a motion, stipulation, or other document. On the signature page, there must be at least two lines of text above the signature.
(2) Service and Filing. Any proposed order must be served on all parties at the same time it is submitted to the court. The clerk may not file a proposed order. The clerk must accept electronically submitted proposed orders; however, these electronically submitted documents must not be included in the publicly displayed court record. A party may file an unsigned proposed order as an attachment or exhibit to a notice of lodging or other filing if directed by the court, required by rule, or done to preserve the record on appeal.
(3) Stipulations and Motions; Proposed Forms of Order.
(A) All written stipulations must be accompanied by a proposed order. If the proposed order is signed and entered, no minute entry is required.
(B) If a motion is accompanied by a proposed order, no minute entry is required if the order is signed and entered.
(h) Unsworn Declarations Under Penalty of Perjury. When these rules require or allow a matter to be supported, evidenced, established, or proved by a sworn written declaration, verification, certificate, statement, oath, or affidavit, the same may be unsworn--and have the same force and effect--if it is:
(1) signed by the person as true under penalty of perjury;
(2) dated; and
(3) in substantially the following form: “I declare [or certify, verify or state] under penalty of perjury that the foregoing is true and correct. Executed on [date]. [Signature].”

Credits

Added Dec. 8, 2021, effective July 1, 2022. Amended on an emergency basis, effective Aug. 29, 2022, permanently adopted Dec. 8, 2022, effective Jan. 1, 2023.
17B A. R. S. Juv. Ct. Rules of Proc., Rule 105, AZ ST JUV CT Rule 105
State Court Rules are current with amendments received through November 15, 2023. The Code of Judicial Administration is current with amendments received through November 1, 2023.
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