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Rule 28.1 Procedure for Requesting Approval of Local Rules

Arizona Revised Statutes AnnotatedRules of the Supreme Court of Arizona

Arizona Revised Statutes Annotated
Rules of the Supreme Court of Arizona (Refs & Annos)
IV. General Provisions
A.R.S. Sup.Ct.Rules, Rule 28.1
Rule 28.1 Procedure for Requesting Approval of Local Rules
(a) Applicability. This rule governs requests for approval of new or amended local rules for the superior court and courts of limited jurisdiction.
(b) Promulgation.
(1) Generally. The presiding judge of a county superior court, the presiding judge of a justice court, and the presiding judge of a municipal court may promulgate local rules for his or her respective court.
(2) Superior Court. For local rules promulgated by a superior court presiding judge, the rules must be approved by a majority of the superior court judges in the applicable county.
(3) Justice Court. For local rules promulgated by a presiding justice court judge, the rules must be approved by a majority of the justices of the peace who would be affected by the proposed rule or amendment.
(4) Municipal Court. For local rules promulgated by a presiding municipal court judge, the rules must be approved by a majority of the judges on the municipal court's bench.
(c) Approval. Local rules and amendments must be consistent with rules of statewide application and must be approved by the Supreme Court.
(d) Presubmission Comments. Before submitting a proposed new or amended local rule for Supreme Court approval, the presiding judge must post the proposal for at least 30 days on the website for the judge's court along with an invitation for the submission of comments. When the proposal is posted, the presiding judge must concurrently request the Supreme Court clerk to circulate the proposal to the distribution list in Supreme Court Rule 28(C) along with an invitation for the submission of comments on the website for the presiding judge's court.
(e) Method of Filing Request for Approval. A presiding judge may submit a request for approval of a new or amended local rule either by filing a paper copy of the request with the Supreme Court clerk or by filing the request electronically through the Court Rules Forum on the Supreme Court's website. If filed electronically, the request must be submitted according to the instructions found on the Frequently Asked Questions (FAQ) page of the Court Rules Forum.
(f) Form and Contents of Request for Approval. The request must state the grounds for adopting the new or amended local rule, and include a draft of the proposed rule or amendment (showing additions and deletions to an existing rule by underscoring and strikeouts). The request also must include any comments received during the period in which the proposal was posted on the lower court's website, as set forth in Rule 28.1(d), or a statement that the proposal was posted but no comments were received. The request may include supporting documentation and be in letter form.
(g) Comment on a Request for Approval. The Supreme Court may enter an order opening a request for public comment for a period of 60 days or as the Court otherwise directs. The Supreme Court clerk will send the order to the distribution list set forth in Supreme Court Rule 28(C) and to any other persons or organizations as may be designated by the Supreme Court. Comments may be filed with the Supreme Court in paper form or electronically. If filed electronically, the comment must be submitted according to the instructions found on the FAQ page of the Court Rules Forum on the Supreme Court's website. A copy of the comment also must be sent to the presiding judge who submitted the request.
(h) Court Consideration. After the comment period expires, the Supreme Court will consider and act on a proposed local rule or amendment. A new local rule or amendment's effective date will be the date on which the order approving the rule or amendment is filed, unless the Court orders otherwise.
(i) Publication. Local rules must be published.

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Added Sept. 2, 2016, effective Jan. 1, 2017.
17A Pt. 2 A. R. S. Sup. Ct. Rules, Rule 28.1, AZ ST S CT Rule 28.1
Current with amendments received through 08/15/2020.
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