Rule 80. Rules of Construction and Access to Information
Arizona Revised Statutes AnnotatedRules of the Supreme Court of ArizonaEffective: January 1, 2022
Effective: January 1, 2022
A.R.S. Sup.Ct.Rules, Rule 80
Rule 80. Rules of Construction and Access to Information
1. Related Pending Litigation. The processing of an unauthorized practice of law matter in superior court shall not be delayed because of substantial similarity to the material allegations of pending criminal or civil litigation, unless the superior court, in its discretion, authorizes a stay for good cause shown.
2. Non-Abatement. Unwillingness or failure of the complainant to cooperate with the state bar, withdrawal of a charge by a complainant, settlement, compromise between the complainant and the respondent, or restitution by the respondent shall not abate the processing of any charge or complaint unless deemed appropriate by unauthorized practice of law counsel.
3. Effect of Time Limitations. Except as is otherwise provided in these rules, time is directory and not jurisdictional. Failure to observe prescribed time intervals may result in sanctions against the violator, but does not justify abatement of any unauthorized practice of law investigation or proceeding.
4. Validity of Proceedings. No action taken on any complaint shall be subject to challenge because of defective or insufficient service if, in fact, the respondent had ample notice of the unauthorized practice of law proceedings and full opportunity to be heard. No findings or recommendations made in any proceeding shall be invalidated because of an error in pleading or procedure, or upon any other ground, unless upon review it appears from the entire record, including the evidence, that the error has resulted or will result in a miscarriage of justice.
6. Immunity from Civil Suit. Communications to the court, state bar, bar counsel, unauthorized practice of law counsel, volunteer bar counsel, or investigators relating to alleged unauthorized practice of law, and testimony given in the proceedings shall be absolutely privileged conduct, and no civil action predicated thereon may be instituted against any complainant or witness. Board members, bar counsel, unauthorized practice of law counsel, volunteer bar counsel, investigators, and state bar and court staff shall be immune from suit for any conduct in the course of their official duties.
A. work product and working files of state bar staff, bar counsel, unauthorized practice of law counsel, volunteer bar counsel, investigators, the committee, or a court or court staff, including but not limited to internal memoranda, internal correspondence, internal emails, notes, and similar documents and files;
6. Sealing the Record/Protective Orders. Upon motion by a party or by a person from whom the information or evidence was obtained, and for good cause shown, the superior court or this court may order that a portion of the record and/or state bar file be sealed and take other measures to assure the confidentiality of the sealed information. Material sealed shall remain confidential notwithstanding the remaining record in the matter is made public. Sealed material shall be opened and viewed only by an order of a court for use by such body and the parties in proceedings then pending before it, and otherwise only upon notice to and an opportunity to be heard by the parties and the witness or other person furnishing the information.
Credits
Added Jan. 15, 2003, effective July 1, 2003. Amended Aug. 25, 2021, effective Jan. 1, 2022.
17A Pt. 2 A. R. S. Sup. Ct. Rules, Rule 80, AZ ST S CT Rule 80
State Court Rules are current with amendments received through March 1, 2024. The Code of Judicial Administration is current with amendments received through February 15, 2024.
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