In the Matter of: AMENDING ARIZONA CODE OF JUDICIAL ADMINISTRATION § 5-109: LENGTHY TRIALS.
Administrative Order No. 2010-44 (Affecting Admin. Order No. 2007-26)Supreme Court of Arizona.
March 31, 2010.
REBECCA WHITE BERCH, Chief Justice.
Pursuant to the Arizona Code of Judicial Administration § 1-201(E), the Chief Justice may adopt emergency administrative code proposals and technical changes in existing code sections by administrative order without prior distribution for comment and action by the Arizona Judicial Council.
In the Second Regular Session of the Forty-Eight Legislature (2008), the Legislature passed House Bill 2210 (Chapter 286), effective September 26, 2008. The amendment increased the amount of administrative fees payable to jury commissioners from $18 to $26 per juror claim processed pursuant to A.R.S. § 21-222(B).
These technical amendments include clarification of the types of filings to which the $15 Lengthy Trial Fund filing fee attaches to promote consistent application of this filing fee in all counties.
Now, therefore, pursuant to Article VI, Section 3 of the Arizona Constitution,
IT IS ORDERED that Arizona Code of Judicial Administration § 5-109: Lengthy Trials is amended as indicated on the attached document effective April 15, 2010. All other provisions of § 5-109 as adopted, remain unchanged and in effect.
IT IS FURTHER ORDERED that, subject to the availability of monies, the Administrative Director shall pay jury commissioners $8 from the Lengthy Trial Fund for each Lengthy Trial Fund juror claim form they processed in any jury trial that commenced on or after September 26, 2008 and for which they were previously paid $18.
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ARIZONA CODE OF JUDICIAL ADMINISTRATION Part 5: Court Operations Chapter 1: Funding Section 5-109: Lengthy TrialsA. and B. [no changes] C. Filing Fee. A filing fee of $15.00 is established pursuant to A.R.S. § 12-115. The clerk of the superior court shall collect the fee on civil complaints, answers to civil complaints, and motions to intervene in civil cases filed in superior court, as specified in Appendix A. The fee shall be deposited in the ALTF and used to reimburse lengthy trial payments to jurors.
D. and E. [no changes]F. Reimbursement Procedures.
1. To request reimbursement for lengthy trial payments, the jury commissioner shall submit a completed reimbursement request form. The jury commissioner shall complete a separate form for each jury panel to be paid.
2. The request may include an administrative fee of $18.00 per juror as set forth in A.R.S. § 21-222(B), provided that the fee may be requested and paid only once for each juror.
3. and 4. [no changes]
G. [no changes]
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Section 5-109: Lengthy Trials Appendix A Filings on which the ALTF Fee is to be Collected
Case/Filing Type Initial Intervenor or Legal Authority and
Filing Defendant Comments
Answer
TORT MOTOR VEHICLE:
Non-Death/Personal Injury $15.00 $15.00
Property Damage $15.00 $15.00
Wrongful Death $15.00 $15.00
TORT NON-MOTOR VEHICLE:
Negligence $15.00 $15.00
Product Liability — Asbestos $15.00 $15.00
Product Liability — Tobacco $15.00 $15.00
Product Liability — Toxic/Other $15.00 $15.00
Intentional Tort $15.00 $15.00
Property Damage $15.00 $15.00
Legal Malpractice $15.00 $15.00
Malpractice — Other professional $15.00 $15.00
Premises Liability $15.00 $15.00
Slander/Libel/Defamation $15.00 $15.00
Other $15.00 $15.00
MEDICAL MALPRACTICE:
Physician M.D. $15.00 $15.00
Physician D.O $15.00 $15.00
Hospital $15.00 $15.00
Other $15.00 $15.00
CONTRACTS:
Account (Open or Stated) $15.00 $15.00
Promissory Note $15.00 $15.00
Foreclosure $15.00 $15.00
Buyer-Plaintiff $15.00 $15.00
Fraud $15.00 $15.00
Other Contract (i.e. Breach of Contract) $15.00 $15.00
Excess Proceeds — Sale $15.00 $15.00
Construction Defects (Residential/Commercial) $15.00 $15.00
Six to Nineteen Structures $15.00 $15.00
Twenty or More Structures $15.00 $15.00
OTHER CIVIL:
Eminent Domain/Condemnation(A.R.S. § 12-1116) $0.00 $15.00 See A.R.S. § 12-304
Eviction Actions (Forcible and Special Detainers) $15.00 $15.00
(A.R.S. § 12-1175)
Change of Name $15.00 $15.00
Transcript of Judgment $0.00 $0.00 See A.R.S. § 12 —
284(A), Class E
Foreign Judgment $15.00 $15.00
Quiet Title (A.R.S. § 12-1101) $15.00 $15.00
Forfeiture $15.00 $15.00
Election Challenge $15.00 $15.00
NCC — Employer Sanction Action (A.R.S. § 23-212) $0.00 $15.00 See A.R.S. § 12-304
Injunction against Workplace Harassment $15.00 $15.00 See A.R.S. § 12 —
1810(D)
Injunction against Harassment $0.00 $0.00 See A.R.S. § 12 —
1809(D)
Civil Penalty (A.R.S. § 12-817) $15.00 $15.00
Water Rights (Not General Stream Adjudication) $15.00 $15.00
Real Property $15.00 $15.00
Sexually Violent Person (A.R.S. § 36-3704) $15.00 $15.00
Minor Abortion $0.00 $0.00
Special Action Against Lower Courts $15.00 $15.00
UNCLASSIFIED CIVIL:
Administrative Review (A.R.S. § 12-901) $15.00 $15.00
Tax Appeal $15.00 $15.00
Declaratory Judgment $15.00 $15.00
Habeas Corpus $0.00 $0.00 See A.R.S. § 13-4143
Landlord Tenant Dispute $15.00 $15.00
Restoration of Civil Rights (Federal) $0.00 $0.00 See Rule 29.2(b),
Rules of Criminal
Procedure
Clearance of Records (A.R.S. § 13-4051) $15.00 $15.00 If filed in a criminal
case, no ALTF fee.
Declaration of Factual Innocence (A.R.S. § 12-771) $15.00 $15.00
Declaration of Factual Improper Party Status $15.00 $15.00
(A.R.S. § 12-772)
Vulnerable Adult (A.R.S. § 46-451) $15.00 $15.00
Tribal Judgment $15.00 $15.00
Structured Settlement (A.R.S. § 12-2901) $15.00 $15.00
Attorney Conservatorships (State Bar) $0.00 $0.00 See Rule 66, Rules of
the Supreme Court
Unauthorized Practice of Law (State Bar) $0.00 $0.00 See Rule 78, Rules of
the Supreme Court
Out-of-State Deposition for Foreign Jurisdiction $15.00 $15.00 If filed as a new case,
ALTF fee is charged
Secure Attendance of Prisoner $0.00 $0.00 See A.R.S. § 12-304
and Az. Const. Art. 2,
§ 24
Assurance of Discontinuance $15.00 $15.00
In-State Deposition for Foreign Jurisdiction $15.00 $15.00 If filed as a new case,
ALTF fee is charged
Eminent Domain — Light Rail Only $0.00 $15.00 See A.R.S. § 12-304
Interpleader — Automobile Only $15.00 $15.00
Delayed Birth Certificate (A.R.S. § 36-333.03) $15.00 $15.00
Employment Discrimination $15.00 $15.00
Employment Dispute — Other $15.00 $15.00
Other (If do not specify charge LTF fee) $15.00 $15.00
MISCELLANEOUS FEES NOT INCLUDED
ON COVERSHEET:
Change of Venue Out of County $15.00 $15.00
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