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Supreme Court Rule 124 Recommendation

Supreme Court Rule 124 Recommendation. Arizona Judicial Council December 7, 2010 Stewart Bruner Melinda Hardman. Background. Since October 2000, e-Filing approach changed from jurisdiction-by-jurisdiction to unified, statewide approach

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Supreme Court Rule 124 Recommendation

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  1. Supreme Court Rule 124 Recommendation Arizona Judicial Council December 7, 2010 Stewart Bruner Melinda Hardman

  2. Background • Since October 2000, e-Filing approach changed from jurisdiction-by-jurisdiction to unified, statewide approach • Numerous AOs have waived rules in various courts for various pilot projects and cost-saving measures like e-distribution

  3. Patchwork Quilt of AOs AO 2007-62 AO 2007-17 AO 2009-36 AO 2009-01 AO 2008-89 AO 2010-58 AO 2008-66 AO 2009-74 AO 2009-43 AO 2010-107

  4. Goal • Comprehensive change package to take effect January 1, 2012 • Includes rule, accompanying code changes for courts, and technical guidance for filers • Technical details in ACJA sections related to electronic documents to be revised in coming year • Originally issued in Year 2000

  5. Activity Timeline: Past to Present • Analysis of policies in other jurisdictions • “Strike everything” approach to content • AOC internal review/refinement • AJC standing committee review/comment • AJC review and motion

  6. Activity Timeline: Future • Formal Rule Petition filing January 2011 • Comments collection through May 2011 • Supreme Court Rules Agenda meeting August 2011 • Effective revision date of January 1, 2012 • Other documents timed to coincide

  7. Key Policies • AZTurboCourt identified as the Supreme Court authorized electronic filing system • Paragraph numbering required in Appellate opinions only • Hyperlinks and bookmarks allowed in all filings; not part of court record

  8. Key Policies • Open source formats for document filings (.odt and .docx) • Proposed orders in Word or XML • Service of process through AZTurboCourt by default (post-initiation) • Receipt required for every filing submitted

  9. Key Policies • Leeway granted for certain documents to be filed on paper (e.g., certified mail return receipt, notary signature) • Presupposes e-filers receive e-notice but allows self-represented to “opt out” • Process identified to request recourse for technical interruptions or outages • Content divided between rule and technical standards document on website • Appropriate approval authority being discussed

  10. Questions about Content or Process ?

  11. Motion Text • Recommend that a rule petition be filed by January 10, 2011, requesting revisions to Rule 124, Rules of the Supreme Court of Arizona.

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