Home Table of Contents

Rule 79. Formal Proceedings Before the Superior Court; Appeal

Arizona Revised Statutes AnnotatedRules of the Supreme Court of Arizona

Arizona Revised Statutes Annotated
Rules of the Supreme Court of Arizona (Refs & Annos)
VI. Unauthorized Practice of Law (Refs & Annos)
A.R.S. Sup.Ct.Rules, Rule 79
Rule 79. Formal Proceedings Before the Superior Court; Appeal
(a) Commencement. Formal unauthorized practice of law proceedings shall be instituted by unauthorized practice of law counsel filing a consent to cease and desist agreement or a complaint with the clerk of the superior court.
(b) Complaint. The complaint shall be captioned as required for civil complaints filed in superior court and shall reflect the nature of the action as “Unauthorized Practice of Law.”
(c) Applicability of Arizona Rules of Civil Procedure. The Arizona Rules of Civil Procedure shall apply to all aspects of the proceeding after the filing of the complaint, except as otherwise designated in these rules.
(d) Burden of Proof. The state bar must prove the allegations contained in the complaint by clear and convincing evidence.
(e) Order. Within thirty days after final submission of the matter, the superior court shall prepare and file with the clerk a written order containing findings of fact, conclusions of law and recommendations regarding sanctions and shall serve a copy of the order on respondent and unauthorized practice of law counsel. The order of the superior court is final if no motion for reconsideration or appeal is timely filed.
(f) Enforcement. An order or judgment of the superior court in unauthorized practice of law proceedings shall be enforceable like any other judgment, including through civil contempt proceedings pursuant to Rule 65(f), Ariz. R. Civ. P.
(g) Appeal. Final orders or judgments issued by the superior court in unauthorized practice of law proceedings shall be reviewable by the court of appeals and this court pursuant to the Arizona Rules of Civil Appellate Procedure. Failure of a party to appeal timely shall constitute consent to the discipline imposed by the superior court.

Credits

Added Jan. 15, 2003, effective July 1, 2003. Amended Sept. 2, 2016, effective Jan. 1, 2017.
17A Pt. 2 A. R. S. Sup. Ct. Rules, Rule 79, AZ ST S CT Rule 79
Current with amendments received through 08/15/2020.
End of Document© 2020 Thomson Reuters. No claim to original U.S. Government Works.