Rule 11 of the Arizona Rules of Probate Procedure will be amended effective January 1, 2013. Rule 11 is titled as follows: Telephonic OR ELECTRONIC Appearances and Testimony, and mandates the points below.
- A. Upon timely written motion OR ON THE COURT’S OWN MOTION, a judicial officer may allow telephonic appearance OR APPEARANCE BY ANY APPROVED ELECTRONIC MEANS during any proceeding. In the event more than one participant has requested telephonic OR ELECTRONIC appearance, the first party requesting telephonic appearance shall arrange at his or her expense for the call or conference call, unless the court orders otherwise.
B. Unless a shorter time is authorized by the judicial officer, a motion to allow telephonic testimony or argument VIA TELEPHONIC OR OTHER APPROVED ELECTRONIC MEANS shall be filed at least 30 days before the hearing, unless the notice setting the hearing provides for fewer than 30 days’ notice, in which case the request shall be filed within five days after receipt of the notice setting the hearing. The motion shall be served on all parties and on any person who has filed a demand for notice and shall be accompanied by a form of order.
C. A party opposing a motion for telephonic OR ELECTRONIC appearance or telephonic OR ELECTRONIC testimony shall file a written response within five days after service of the motion.
D. Telephonic OR ELECTRONIC appearances and testimony shall be of such quality that the voices of all parties and counsel are audible to each participant, the judicial officer, and, where applicable, the certified reporter or electronic recording device.
A formal copy of the PETITION TO AMEND RULE 11 OF ARIZONA RULES OF PROBATE PROCEDURE may be downloaded from the Supreme Court of Arizona website.
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