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Rule 2.3. Civil Violations and Civil Parking Infractions; Charging Document and Summons; Rules

Arizona Revised Statutes AnnotatedLocal Rules of Practice and Procedure for the Yuma Municipal Court

Arizona Revised Statutes Annotated
Local Rules of Practice and Procedure for the Yuma Municipal Court (Refs & Annos)
Rule 2. Civil Cases
178 A.R.S. Mun. Ct.Local Prac. and Proc.Rules, Yuma, Rule 2.3
Rule 2.3. Civil Violations and Civil Parking Infractions; Charging Document and Summons; Rules
A. Civil violation actions, except civil parking infraction actions, shall be commenced either by citation or civil complaint. Any city employee responsible for the enforcement of any provision of the City Code bearing a civil sanction or penalty may issue a citation. Alternatively, the city attorney/prosecutor may file a civil complaint with the court. Upon receipt of the complaint, the court shall issue a summons.
B. The charging document and summons may be served by any method authorized by the Arizona Rules of Civil Procedure. In addition, a citation or summons may be served by certified or registered mail, return receipt requested. Return of the signed receipt shall be prima facie evidence of service.
C. The charging document and summons shall direct the respondent to appear not more than 30 calendar days after personal service or mailing, if service is made by certified mail.
D. The charging document and summons shall contain at least the following information: the time, date, and place of the alleged violation; reference to the City Ordinance or Code provisions violated; the time, date, and place for the respondent to appear; an affirmation signed by the citing official that the violation took place; and warning of default in the event of failure to appear.
E. Civil parking infraction actions shall be commenced by the issuance of a citation, which shall include the date, time, and location of the violation, the state license number of the vehicle unlawfully parked, reference to the City Ordinance or Code provision violated, and notice that within 30 calendar days from the date on which the citation was issued the fine for the violation must be paid to and received by the City or a request must be made to and received by the court for a hearing to contest the citation. A copy of the citation may be served by attaching a copy to the vehicle; personal service is not required. The citation, or copy thereof, issued in accordance with these Rules shall constitute prima facie evidence of the parking infraction.
F. If the defendant involved in a civil parking infraction fails to respond within 30 calendar days from the date on which the citation was issued by one of the methods prescribed in Rule 2.7, a default fee shall be assessed pursuant to ยง 39-10 of the City Code. The court shall, within 30 days of the default date, send a default letter to the owner's address on file with the Arizona Motor Vehicle Department, advising the owner that the citation is in default and may be sent to a collection agency.
G. The Rules of Procedure in Civil Traffic Violation and Boating Violation Cases shall apply to all court proceedings for civil traffic violations. Rule 2 of these local rules shall apply to all proceedings for civil parking infractions and to all other civil violation actions.

Credits

Added Aug. 28, 2013, effective Jan. 1, 2014.
178 A. R. S. Mun. Ct. Local Prac. and Proc. Rules, Yuma, Rule 2.3, AZ ST YUMA MUN CT Rule 2.3
State Court Rules are current with amendments received through April 15, 2024. The Code of Judicial Administration is current with amendments received through April 15, 2024.
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