Ariz. R. Sup. Ct. 28

As amended through August 22, 2024

Rule 28 - Procedure for Adoption, Amendment,and Abrogation of Court Rules

(a) Rule Petitions.

(1) Petitions. Any person may petition the Arizona Supreme Court to adopt, amend, or abrogate a court rule that has statewide application. Petitions about local court rules are governed by Rule 28.1.

(2) Due Date. Petitions filed by January 10 will be considered at the Court's annual rules agenda the following August or September.

(3) How to File. Petitions may be filed either electronically or on paper by:

(A) Electronically Filing on the Court Rules Forum.

(i) Registration. Petitioners must register on the Court Rules Forum, https://www.azcourts.gov/Rules-Forum.

(ii) Filing a Petition. A petitioner must file the petition and any attachments on the Court Rules Forum in both PDF and Microsoft Word formats. The PDF version is the Court's official record. The Court Rules Forum moderator may reject non-compliant petitions.

(iii) Effect of Electronic Filing. An electronically filed petition constitutes the filing of the original document under the rules governing practice and procedure in Arizona state courts. By filing a petition electronically, the petitioner consents to receiving electronic delivery of documents from the Court and from others who submit public comments concerning the petition.

(B) Paper Filing with the Clerk of the Supreme Court. A paper petition and any attachments must be filed with the Clerk for inclusion on the Court Rules Forum. The petition must include an original and one copy, plus an electronic copy of the petition and supporting documentation in Microsoft Word format on a CD or other compatible electronic medium.

(4) Petition Requirements.

(A) Form and Contents. A rule petition may be accompanied by supporting documentation, and the petition must:

(i) explain why the Court should adopt, amend, or abrogate rules;

(ii) include a draft of the proposed rule changes;

(iii) show proposed changes to any existing rule by underlining the text to be added and striking through the text to be deleted;

(iv) disclose whether a similar petition has been filed by anyone within the previous 5 years; and

(v) substantially conform, as far as practicable, to the requirements of Rules 4(a) and (b) of the Arizona Rules of Civil Appellate Procedure.

(B) Length. The petition and supporting documentation, excluding the text of proposed rules, may not exceed 20 pages unless the Court orders otherwise.

(5) Initial Review and Notice to Petitioners. The Court will initially determine whether to open the petition for public comment; to refer it to a committee, commission, or task force for further study; or to deny it for lack of need or merit. The Clerk must notify petitioners, electronically or by mail, of the Court's action. If the Court refers the petition for further study, the Clerk must also provide the Petitioner contact information for the chairperson of the committee, commission, or task force. The Petitioner may submit a written comment, either electronically or on paper, to the committee, commission, or task force and appear before it to discuss the petition and related issues.

(b) Rule Changes Proposed by the Supreme Court. The Court may, on its own petition, propose the adoption, amendment, or abrogation of a court rule at any time. Such proposals must be included on the Court Rules Forum and opened for public comment.

(c) Opening the Rule Petition for Public Comment. The Court will open a rule for public comment by filing an order requesting written comments and identifying the deadline for filing such comments.

(d) Distribution of Petitions and Requests for Comments. The Court Rules Forum moderator must post the petition, any attachments, and the Court order requesting public comments on the Court Rules Forum. The Clerk must promptly send electronic copies of a petition, any attachments, and the request for public comment to the following:

Governor, State of Arizona

Speaker, Arizona House of Representatives

President, Arizona State Senate

Attorney General of Arizona

Director of the Arizona Legislative Council

Deans of each ABA-approved Arizona law school

Administrative Director of the Courts

Clerk, Court of Appeals, Division One

Clerk, Court of Appeals, Division Two

Each Superior Court Presiding Judge

Each Chief Judge of the Court of Appeals

Executive Director of the State Bar of Arizona

General Counsel of the State Bar of Arizona

President of the Justice of the Peace Association

President of the Municipal Judges Association

President of the Arizona Attorneys for Criminal Justice

Executive Director of the Arizona Prosecuting Attorneys Advisory Council

Executive Director of the Victim's Services Division, Office of the Attorney General of Arizona

Chairperson of the Arizona Coalition for Victim Services

Executive Director of the Arizona Association of Chiefs of Police

President of the Law Enforcement Legal Advisors Association

Presidents or Executive Directors of all Local and County Bar Associations

President of the Superior Court Clerks' Association

Executive Director of the Arizona Association for Justice/Arizona Trial Lawyers Association

Executive Director of the Phoenix Association of Defense Counsel

President of the Tucson Defense Bar Association

Editor, Arizona Attorney (State Bar)

Editor, Maricopa Lawyer

Editor, The Writ (Pima Bar Association)

County Law Libraries

Any additional person or organization the Court designates

Members of the news media, upon request

(e) Written Comments on Rule Petitions.

(1) Comments. Any person may file comments about rule petitions.

(2) Due Date. Comments must be filed by May 1 unless the order opening the rule for public comment specifies a different date. The Court will consider comments at its annual rules agenda.

(3) How to File. Comments may be filed either electronically or on paper by:

(A) Electronically Filing on the Court Rules Forum.

(i) Registration. A person must register on the Court Rules Forum, https://www.azcourts.gov/Rules-Forum. Any person filing a comment electronically is deemed to have consented to receive court-generated documents electronically.

(ii) Comments in Attached Documents. A person may submit comments on the Court Rules Forum by attaching a document containing the comment and any supporting documents as attachments in both PDF and Microsoft Word format. The PDF version is the Court's official record. The Court Rules Forum moderator may reject non-compliant comments.

(iii) Comments Directly on the Rules Forum. If a person cannot provide the material in (ii), comments may be typed directly on the Court Rules Forum.

(B) Paper Filing with the Clerk of the Supreme Court. Paper comments must be filed with the Clerk for inclusion on the Court Rules Forum and must include an original and one copy, plus an electronic copy of the comment in Microsoft Word format on a CD or other compatible electronic medium.

(C) Form and Length. Comments may not exceed 20 pages unless the Court orders otherwise. Comments must substantially conform, as far as practicable, to the requirements of Rules 4(a) and (b) of the Arizona Rules of Civil Appellate Procedure.

(4) Other Written Comments about Petitions Received by the Clerk or the Court. Any other writing received by the Clerk or the Court from an identified source that comments on a rule petition will be filed electronically on the Court Rules Forum and will identify the source and the date of receipt.

(5) Replies to Comments. The petitioner may file a reply to any comment electronically or on paper by June 1. If the public comment period expires on a date other than May 1, replies are due 30 days after the expiration date. If a comment is made electronically on the Court Rules Forum after June 1, the petitioner may file a reply within 14 days.

(f) Oral Comments and Public Hearings about Rule Petitions.

(1) Oral Comments. Comments should be submitted as provided in Rule 28(e). If the Court receives oral comments at public meetings or otherwise about proposed rule reforms, the Court may, in its sole discretion, memorialize such comments on the Court Rules Forum. The Court may also request that commenters repeat their oral comments on the Court Rules Forum.

(2) Oral Argument or Hearings. Rule petitions are considered without oral argument or public hearing unless the Court, for good cause, orders otherwise.

(g) Court Consideration of Rule Petitions; Effective Date of Rules; Notice.

(1) Annual Rules Agenda. In August or September of each year, the Court will consider each timely filed rule petition. The Court may approve the rule changes as proposed in the petition, approve different changes, deny the petition, or continue the petition for later consideration.

(2) Effective Date of Rules. Unless the Court's order provides otherwise, the adoption, amendment, or abrogation of rules will become effective January 1 of the following year.

(3) Notice. The Clerk must send electronic or mail notice of the action taken on a petition to the petitioner, persons and organizations listed in Rule 28(d) and all persons who submitted comments on the Court Rules Forum to that petition.

(h) Expedited Consideration and Emergency Adoption of Rules.

(1) Request for Expedited Consideration. If a rule petition presents compelling circumstances requiring the Court's consideration before the annual rules agenda, the petition must include a request for expedited consideration identifying its reasons.

(2) Emergency Action. If the Court decides that expedited action on a petition is necessary, the Court may adopt, amend, or abrogate a rule on an emergency basis. Rule changes resulting from emergency actions must be opened for public comment.

(i) Suspension of This Rule. For good cause, the Court may suspend a provision of this rule as provided in Rule 26.

Ariz. R. Sup. Ct. 28

Added April 21, 1988, effective 5/1/1988. Amended March 13, 1991, effective 6/1/1991;6/3/1991, effective 6/5/1991;9/27/1994, effective 10/15/1994;10/14/1997, effective 10/15/1997;1/16/1998, effective 6/1/1998;1/24/2001, effective 6/1/2001;5/24/2001, effective 6/1/2001;10/25/2005, effective 12/1/2005;11/3/2005, effective 12/10/2005;4/27/2006, effective 5/3/2006. Adopted in final form9/18/2006. Amended and effective9/18/2006. Amended Sept. 5, 2007, effective 1/1/2008;8/28/2013, effective 1/1/2014;9/2/2014, effective 1/1/2015; amended effective1/1/2019.

COMMENT

Prior to the adoption of Rule 28 the process for making changes to court rules was not formalized. Suggestions for rule changes came from various groups, particularly the State Bar of Arizona. In adopting Rule 28 the court did not intend to limit or discourage any group from continuing to make suggestions on this subject. The purpose of Rule 28 is to formalize the procedure for receiving and considering proposals for rule changes.

It is not the intention of the court to change the process followed by the State Bar in developing proposed rule changes. The practice of state bar committees developing and submitting suggested changes in the rules to the Board of the Governors of the Bar should continue. Any proposals for rule changes approved by the Board of Governors will, however, be submitted to the court in the manner prescribed by Rule 28.

The procedure outlined in Rule 28 applies to court rules which have general application. Rule 28 does not apply to requests for changes in local rules of practice.

The officials and agencies listed in the rule are not the only ones who will receive copies of the petitions. The clerk, at the direction of the court, will also send copies of the petitions for rule changes to many other organizations who are known to have either a general or special interest in the subject matter of a proposed rule. It is anticipated that the list of organizations receiving such petitions will be expanded to include new organizations which may be formed in the future.

The clerk, in addition to providing copies of petitions for rule changes to the news media, will send copies of such petitions to the editors of all official publications of the state and local bar associations.

COMMENT TO 2005 AMENDMENT

The 2005 amendments implement an annual cycle for processing rule change petitions, whereby the court will consider petitions for rule change only one time per year. An exception is made for emergency matters or other compelling circumstances, including legislative enactments or statutory amendments, urgently needed administrative reforms, or matters affecting litigants' due process, fair trial, or other constitutional rights that require immediate adoption or amendment of rules. The new schedule is intended to simplify the rule-making process and to eliminate confusion caused by frequent rule changes and varying effective dates. Under the annual schedule, rule change petitions filed by November 20 will be circulated by December 20 for public comment. Comments to the petitions will be due by May 20, and the petitioner's reply to comments will be due June 30. Thereafter, the court will consider the petitions and comments in September. Any new rules or amendments adopted in September will be effective January 1 of the following year. These amendments shall be applicable to all rule change petitions filed after December 9, 2005.

HISTORICAL NOTES

Former Rules 28 through 30 which were contained in Part V, Admission and Discipline of Attorneys, were deleted in the revision to that part in 1984.