The Arizona Legislature has made so many changes on October 15, 2015 to the Civil Rules of Procedures to stop anyone who try
to defend themselves, that it is almost impossible to get a fair trial in the state of Arizona, let along a jury trial. These
changes violates the United States Constitution and the also the Arizona Constitution which grantee the right to a trial and
a trial by jury. All the changes make corrupt judges and attorneys the New Untouchables. These Rules allow judges to call
an oral argument anytime they want to. It allow them to ignore the facts and the law an make ruling base on who put up the
best oral presentation. If you are representing yourself and there is a question of a judge or an attorney dishonest or corruption
at stake they will always protect them and rule in their favor. There is honor among thieves.
Having a direct or indirect financial stake in the judgment poses a conflict of interest, the potential for bias and the
appearance of bias that violate Plaintiffs; rights to the fair and impartial administration of justice guaranteed by the Due
Process Clause of the Fourteenth Amendment.
As George Mason once warned; "When the same man, or set of men, holds both the sword and the purse, there is an end
of liberty." We most challenge all of these changes. A successful challenge to Civil Procedures Rules would restore that
lost liberty. Please contact your legislature members and let them know how you feel about all these changes.
The Arizona Legislature changed the Rules as the case was in progress to help the Judges and Attorneys out of trouble. Sanctions
should have been imposed on the attorneys for violating the rules. Many rules were changed to deny a Jury trial and a trial.
There was never a trial at all. The only way to get a judge sanctioned is in court, they simply do not allow you to get to
court. The rules do not mean anything if the Arizona Legislature can change them anytime they want to to assist dishonest
attorneys and judges. The corrupt politicians in the Arizona Legislature are constantly changing and renumbering the rules
to assist corrupt attorneys and judges and to cover up their unethical practices.
No citizen of Arizona can get a fair trial or hearing unless they have the money and power to over come the corruption
in the Arizona legislature. This will continue until you the citizen of Arizona and the United States fight back and remove
the corrupt lawyers and politicians from your legislature. They will just about do anything to stop us.
Please Note Arizona Civil Rules 38 and 39
https://govt.westlaw.com/azrules/Document/NE11313D02C7011E3A883AF98397E6C58?viewType=FullText&originationContext=documenttoc&transitionType=CategoryPageItem&contextData=(sc.Default)
Rules before during and after the case
Present Rule 38.1
Rule 38.1(a). Setting for trial
Arizona Revised Statutes Annotated
Rules of Civil Procedure for the Superior Courts of Arizona
Arizona Revised Statutes Annotated
Rules of Civil Procedure for the Superior Courts of Arizona (Refs & Annos)
VI. Trials (Refs & Annos)
Rule 38.1. Setting of Civil Cases for Trial; Postponements; Scheduling Conflicts; Dismissal Calendar (Refs & Annos)
16 A.R.S. Rules of Civil Procedure, Rule 38.1(a)
Formerly cited as AZ ST RCP Rule 38.1(g)
Rule 38.1(a). Setting for trial
Currentness
Civil actions shall be set for trial pursuant to Rule 16 or Rule 77. Preference shall be given to short causes and cases
that by reason of statute, rule or court order are entitled to priority. The parties shall be given at least thirty days notice
of the trial date.
Credits
Formerly Rule 38.1(g), added Oct. 10, 2000, effective Dec. 1, 2000. Amended Sept. 5, 2007, effective Jan. 1, 2008; Sept.
16, 2008, effective Jan. 1, 2009. Renumbered Rule 38.1(a) and amended Aug. 28, 2013, revised Sept. 6, 2013, effective April
15, 2014, subject to the applicability provisions of Arizona Supreme Court Order No. R-13-0017.
16 A. R. S. Rules Civ. Proc., Rule 38.1(a), AZ ST RCP Rule 38.1(a)
Arizona State court rules are current with amendments received through 10/15/15
Rule 38.1 As it was at end in case, changed while case was in progress.
Rule 38.1. Setting of civil cases for trial; postponements
Arizona Revised Statutes AnnotatedRules of Civil Procedure for the Superior Courts of Arizona
Arizona Revised Statutes Annotated
Rules of Civil Procedure for the Superior Courts of Arizona (Refs & Annos)
VI. Trials (Refs & Annos)
16 A.R.S. Rules of Civil Procedure, Rule 38.1
Rule 38.1. Setting of civil cases for trial; postponements
Currentness
<Text of rule prior to amendment by Arizona Supreme Court Order No. R-13-0017. See, also, rule as amended by Arizona
Supreme Court Order No. R-13-0017, subject to the applicability provisions provided in the Nov. 27, 2013 amendment to the
order.>
(a) Motion to Set and Certificate of Readiness: Identification of Nonparty at Fault. In every civil case, counsel for
plaintiff shall, or counsel for any other party may, file a Motion to Set and Certificate of Readiness. Service shall be in
the manner prescribed by Rule 5 of these Rules. The form and contents of the Certificate of Readiness shall be as follows:
The undersigned attorney hereby certifies:
(1) That the issues in the above-captioned case have actually been joined;
(2) The largest award sought by any party, including punitive damages, but excluding interest, attorneys' fees, and costs,
is $_____. This case [is] [is not] subject to the mandatory arbitration provisions of Rules 72 through 76 of these Rules.
(3) That the status of discovery is as follows:
(i) In a court which requires such certification by local rule, the parties have completed, or will have had a reasonable
opportunity to complete, the procedures under Rules 26 to 37 of these Rules within 60 days after the filing of the Certificate
of Readiness; or
(ii) In a court which requires such certification by local rule, the parties have completed, or have had a reasonable
opportunity to complete, the procedures under Rules 26 to 37 of these Rules at the time of filing of the Certificate of Readiness;
or
(iii) In all other cases, the parties have completed, or will have had a reasonable opportunity to complete, the procedures
under Rules 26 to 37 of these Rules prior to ten days before trial.
(4) That this case will be ready for trial on or after [DATE].
(5) That a trial by jury is [not] demanded (strike out the word;"not"; if a jury trial is demanded);
(6) That this cause may [not] be heard as a short cause within one hour [strike out the word;"not"; if the time
required for trial will not exceed one hour];
(7) That the names, addresses and telephone numbers of the parties or their individual attorneys who are responsible for
the conduct of the litigation are:--[insert the appropriate information]; and
(8) That this cause is entitled to a preference for trial by reason of the following statute or rule:--[insert statutory
section or rule number if a preference is applicable].
Signature of Attorney
If the Motion to Set and Certificate of Readiness is filed by a defending party in a court which does not require the
certification set forth in (a)(3)(i) or (ii) of this Rule, then the Certificate of Readiness shall also identify any nonparty
who is alleged, pursuant to A.R.S. § 12-2506(B) (as amended), to be wholly or partially at fault in causing any personal injury,
property damage or wrongful death for which damages are sought in the action.
Credits
Added Oct. 10, 2000, effective Dec. 1, 2000. Amended Sept. 5, 2007, effective Jan. 1, 2008; Sept. 16, 2008, effective
Jan. 1, 2009.
16 A. R. S. Rules Civ. Proc., Rule 38.1, AZ ST RCP Rule 38.1
Current with amendments received through 5/1/15.
|