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Rule 1.7. Filing and Service of Documents

Arizona Revised Statutes AnnotatedRules of Criminal ProcedureEffective: January 1, 2024

Arizona Revised Statutes Annotated
Rules of Criminal Procedure (Refs & Annos)
I. General Provisions
Rule 1. Scope, Purpose and Construction, and Other General Provisions (Refs & Annos)
Effective: January 1, 2024
16A A.R.S. Rules Crim.Proc., Rule 1.7
Formerly cited as AZ ST RCRP Rule 35.5
Rule 1.7. Filing and Service of Documents
(a) “Filing with the Court” Defined. The filing of a document with the court is accomplished only by filing it with the clerk. If a judge permits, a document may be submitted directly to a judge, who must transmit it to the clerk for filing and notify the clerk of the date of its receipt.
(b) Effective Date of Filing.
(1) Paper Documents. A document is deemed filed on the date the clerk receives and accepts it. If a document is submitted to a judge and is later transmitted to the clerk for filing, the document is deemed filed on the date the judge receives it.
(2) Electronically Filed Documents. An electronically filed document is filed on the date and time the clerk receives it. Unless the clerk later rejects the document based on a deficiency, the date and time shown on the email notification from the court's electronic filing portal or as displayed within the portal is the effective date of filing. If a filing is rejected, the clerk must promptly provide the filing party with an explanation for the rejection.
(3) Late Filing Because of an Interruption in Service. 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.
(4) Incarcerated Parties. If a party is incarcerated and another party contends that the incarcerated party did not timely file a document, the court must deem the filing date to be the date when the document was delivered to jail or prison authorities to deposit in the mail.
(c) Service of All Documents Required; Manner of Service. Every person filing a document with any court must serve a copy of the document on all other parties as follows:
(1) Serving an Attorney. If a party is represented by an attorney, service under this rule must be made on the attorney unless the court orders service on the party.
(2) Service Generally. A document is served under this rule by any of the following:
(A) handing it to the person;
(B) leaving it:
(i) at the person's office with a clerk or other person in charge or, if no one is in charge, in a conspicuous place in the office; or
(ii) if the person has no office or the office is closed, at the person's dwelling or usual place of abode with someone of suitable age and discretion who resides there;
(C) mailing it by U.S. mail to the person's last-known address--in which event service is complete upon mailing;
(D) delivering it by any other means, including electronic means other than that described in (c)(2)(E), if the recipient consents in writing to that method of service or if the court orders service in that manner--in which event service is complete upon transmission; or
(E) transmitting it through an electronic filing service provider approved by the Administrative Office of the Courts, if the recipient is an attorney of record in the action--in which event service is complete upon transmission.
(3) Certificate of Service. The date and manner of service must be noted on the last page of the original of the served document or in a separate certificate, in a form substantially as follows:
A copy has been or will be mailed/emailed/hand-delivered [select one] on [insert date] to:
[Name of opposing party or attorney]
[Address of opposing party or attorney]
If the precise manner in which service has actually been made is not noted, it will be presumed that the document was served by mail. This presumption will only apply if service in some form has actually been made.
(d) Electronic Signatures and Electronic Notarizations. The clerk must accept for filing any document that purports to have a signature, including documents that appear to be electronically signed or electronically notarized in accordance with applicable law. If the authenticity or sufficiency of an electronic signature or electronic notarization is disputed, a judicial officer will make a determination under applicable substantive law.
(v) Victims' Rights. When the victim is represented by an attorney, the certificate of service required by (c)(3) must show that a copy of the filed document was provided to the victim's attorney.

Credits

Added Aug. 31, 2017, effective Jan. 1, 2018. Amended Dec. 8, 2022, effective July 1, 2023; Aug. 24, 2023, effective Jan. 1, 2024.
16A A. R. S. Rules Crim. Proc., Rule 1.7, AZ ST RCRP Rule 1.7
State Court Rules are current with amendments received through May 1, 2024. The Code of Judicial Administration is current with amendments received through May 1, 2024.
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