Rule 1.7. Filing and Service of Documents
Arizona Revised Statutes AnnotatedRules of Criminal ProcedureEffective: January 1, 2024
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
(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.
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.
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 15, 2024. The Code of Judicial Administration is current with amendments received through May 15, 2024.
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