Ariz. R. Sup. Ct. 94

As amended through August 22, 2024

Rule 94 - Superior Court Clerks

(a)Duties of Superior Court Clerks. In addition to the duties prescribed by law and local rules, the clerk of court must:

(1) Coordinate with the presiding judge and court administrator to accomplish the prompt and orderly disposition of the business of the court;

(2) Review with the presiding judge budgetary and other matters relating to the operations of the office of the clerk;

(3) Prepare statistical and such other reports as prescribed by the Supreme Court.

(b)Clerk's Office and Orders by Clerk. The clerk's office with the clerk or a deputy in attendance must be open during business hours on all days except Sundays and legal holidays subject to the exceptions set forth in A.R.S. § 12-127(C) and (D). All motions and applications filed in the clerk's office for issuing mesne process, for issuing final process to enforce and execute judgments, for entering defaults, and other proceedings which do not require allowance or order of the court are grantable of course by the clerk, but the clerk's action may be suspended or altered or rescinded by the court upon cause shown.

(c)Court Docket. The clerk must keep a docket, as may be prescribed by the Supreme Court, for each action to which these rules are made applicable. Actions must be assigned consecutive file numbers. The file number of each action must be noted on the docket. All documents filed with the clerk must be noted chronologically in the docket assigned to the action and must be marked with its file number. These brief notations must show the nature of each document filed and the date of filing. Notwithstanding any rule to the contrary, the clerk may keep a record of appearances, verdicts, judgments, assignments, case notes, issuance of process, and other case information in a register of actions, case management system, or other administrative resource.

(d)Orders. The clerk must keep copies of final judgments and orders, orders affecting title to or liens upon real or personal property, appealable orders, and such other orders as the court may direct.

(e)Filing or Recording. The clerk must file or record all matters as required by rule or law.

(f)Records Management. All records in custody of the clerk will be maintained according to this rule, Rule 29, Rules of the Supreme Court, and retention and destruction schedules adopted by the Supreme Court.

(1)Destruction of Original Case File Records.

(A) Effective January 1, 2008, for counties that maintain an electronic court record authorized by the Administrative Office of the Courts, original case file records may be destroyed provided that the clerk maintains for public use an exact replica of the record and a device for viewing it. The clerk must also maintain a photographic or electronic reproduction or image of the original record in a place and manner as will reasonably assure its preservation under retention and destruction schedules established by the Supreme Court.

(B) In counties that do not maintain an electronic court record authorized by the Administrative Office of the Courts, original case file records may be destroyed when the particular action or proceeding is no longer subject to modification provided that the clerk maintains for public use an exact replica of the record and a device for viewing it. The clerk must also maintain a photographic or electronic reproduction or image of the original record in a place and manner as will reasonably assure its preservation under retention and destruction schedules established by the Supreme Court. An action or proceeding is considered no longer "subject to modification:"

(i) Forty-five days after the action or proceeding was dismissed by stipulation or order, and no Notice of Appeal has been filed.

(ii) Ninety days after the issuance of an order or judgment settling all issues between and among the parties; a stipulated judgment; an arbitration award; a decree of dissolution with no children; a satisfaction of court-ordered support payments (UIFSA); an order of dismissal from court-ordered treatment; or a default judgment, and no Notice of Appeal has been filed.

(iii) Thirty days after issuance of a decision, mandate or order, and the action or proceeding is no longer on appeal or the appeal time has lapsed and no appeal has been filed or is in process.

(2)Vouchers. Any voucher filed in support of an account by a trustee, personal representative or any litigant that is not withdrawn pursuant to A.R.S. § 12-282(E), may be destroyed by the clerk in accordance with A.R.S. § 12-282(E) and records retention and destruction schedules adopted by the Supreme Court.

Ariz. R. Sup. Ct. 94

Added Oct. 10, 2000, effective 12/1/2000. Amended Sept. 27, 2005, effective 12/1/2005;9/5/2007, effective 1/1/2008. Amended June 30, 2010, effective on an emergency basis7/29/2010, adopted on a permanent basis9/1/2011; effective 1/1/2018.

COURT COMMENT 2010 AMENDMENT

A.R.S. § 12-127(C) and (D) authorize the presiding judge of the county to close the court on the day after Thanksgiving and keep the court open on Columbus Day, if the county board of supervisors has adopted a resolution designating the day after Thanksgiving as a legal holiday in place of Columbus Day, as permitted by A.R.S. § 11-413.

STATE BAR COMMITTEE NOTE 2000 AMENDMENT

As part of the effort to consolidate formerly separate sets of procedural rules into either the Arizona Rules of Civil Procedure or the Rules of the Arizona Supreme Court, various rule provisions contained in the Uniform Rules of Practice of the Superior Court and the Arizona Rules of Civil Procedure which were concerned primarily with the internal administration of the Superior Court were transferred to a retitled Section VII of the Rules of the Arizona Supreme Court. New Rule 94, which was promulgated in that process, is a composite of procedural provisions formerly contained in other rules.

New Rule 94(a) is former Rule III of the Uniform Rules of Practice of the Superior Court. New Rule 94(b) is former Rule 77(f) of the Arizona Rules of Civil Procedure. New Rules 94(c), (d), (e), (f), (g) and (h) contain the provisions formerly contained in Rules 79(a), (b), (c), (d), (f) and (g) of the Arizona Rules of Civil Procedure. The provisions of former Rule XI of the Uniform Rules of Practice of the Superior Court were simply eliminated, as they were essentially duplicative of provisions contained in former Rule 79(a) of the Arizona Rules of Civil Procedure.