Rule 94. Superior Court Clerks
Arizona Revised Statutes AnnotatedRules of the Supreme Court of Arizona
A.R.S. Sup.Ct.Rules, Rule 94
Rule 94. Superior Court Clerks
(b) Clerk's Office and Orders by Clerk. The clerk's office with the clerk or a deputy in attendance must be open during business hours on all days except Sundays and legal holidays subject to the exceptions set forth in A.R.S. § 12-127(C) and (D). All motions and applications filed in the clerk's office for issuing mesne process, for issuing final process to enforce and execute judgments, for entering defaults, and other proceedings which do not require allowance or order of the court are grantable of course by the clerk, but the clerk's action may be suspended or altered or rescinded by the court upon cause shown.
(c) Court Docket. The clerk must keep a docket, as may be prescribed by the Supreme Court, for each action to which these rules are made applicable. Actions must be assigned consecutive file numbers. The file number of each action must be noted on the docket. All documents filed with the clerk must be noted chronologically in the docket assigned to the action and must be marked with its file number. These brief notations must show the nature of each document filed and the date of filing. Notwithstanding any rule to the contrary, the clerk may keep a record of appearances, verdicts, judgments, assignments, case notes, issuance of process, and other case information in a register of actions, case management system, or other administrative resource.
(A) Effective January 1, 2008, for counties that maintain an electronic court record authorized by the Administrative Office of the Courts, original case file records may be destroyed provided that the clerk maintains for public use an exact replica of the record and a device for viewing it. The clerk must also maintain a photographic or electronic reproduction or image of the original record in a place and manner as will reasonably assure its preservation under retention and destruction schedules established by the Supreme Court.
(B) In counties that do not maintain an electronic court record authorized by the Administrative Office of the Courts, original case file records may be destroyed when the particular action or proceeding is no longer subject to modification provided that the clerk maintains for public use an exact replica of the record and a device for viewing it. The clerk must also maintain a photographic or electronic reproduction or image of the original record in a place and manner as will reasonably assure its preservation under retention and destruction schedules established by the Supreme Court. An action or proceeding is considered no longer “subject to modification:”
(ii) Ninety days after the issuance of an order or judgment settling all issues between and among the parties; a stipulated judgment; an arbitration award; a decree of dissolution with no children; a satisfaction of court-ordered support payments (UIFSA); an order of dismissal from court-ordered treatment; or a default judgment, and no Notice of Appeal has been filed.
(2) Vouchers. Any voucher filed in support of an account by a trustee, personal representative or any litigant that is not withdrawn pursuant to A.R.S. § 12-282(E), may be destroyed by the clerk in accordance with A.R.S. § 12-282(E) and records retention and destruction schedules adopted by the Supreme Court.
Added Oct. 10, 2000, effective Dec. 1, 2000. Amended Sept. 27, 2005, effective Dec. 1, 2005; Sept. 5, 2007, effective Jan. 1, 2008. Amended June 30, 2010, effective on an emergency basis July 29, 2010, adopted on a permanent basis Sept. 1, 2011; effective Jan. 1, 2018.
<Formerly Part VII. Redesignated as Part VIII January 15, 2003, effective July 1, 2003.>
<The heading was changed from “Court Commissioners” to “Superior Court Administration” by order dated Oct. 10, 2000, effective Dec. 1, 2000.>
17A Pt. 2 A. R. S. Sup. Ct. Rules, Rule 94, AZ ST S CT Rule 94
Current with amendments received through 08/15/2020.
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