SCOPE Scope and Purpose. Scope. Generally. Trial rules govern the procedure in all civil actions and proceedings in the Tohono O’odham Court. Limitations. Trial rules do not specifically cover certain actions such as, but not limited to, complex civil litigation, class actions, derivative actions, medical malpractice; declarations of factual innocence or improper party status; proceedings against surety; and receivers. The court may, on motion or on its own, order that the Arizona Rules of Civil Procedure be referenced in such actions. Purpose. The rules should be construed, administered, and employed by the court and parties to secure the just, speedy, and inexpensive determination of every action and proceeding. Commencement of Action. There is one form of action the civil action. A civil action is commenced by filing a civil – complaint with the court. Summonses and Process. Issuance; Setting of Initial Hearing; Service. As used in this rule, Rule 3.1 and 3.2, means any of the Pleading Defined. “pleading” pleadings authorized by Rule 7 that bring a party into an action a complaint, – petition, third-party complaint, counterclaim, cross-claim, or post-adjudication petition. On filing a pleading that requires service of a Issuance and Initial Hearing Date. summons, the filing party must present a summons for signature and seal. If the summons is properly completed, the clerk must: schedule an Initial Hearing date within forty-five (45) days and note the date on the summons; and sign, seal, and trial the summons to the filing party for service. A summons must be issued for each party to be served.
SCOPE Scope and Purpose. Scope. Generally. rules govern the procedure in all civil actions and proceedings in the Tohono O’odham Court. Limitations. rules do not specifically cover certain actions such as, but not limited to, complex civil litigation, class actions, derivative actions, medical malpractice; declarations of factual innocence or improper party status; proceedings against surety; and receivers. The court may, on motion or on its own, order that the Arizona Rules of Civil Procedure be referenced in such actions. Purpose. The rules should be construed, administered, and employed by the court and parties to secure the just, speedy, and inexpensive determination of every action and proceeding. Commencement of Action. There is one form of action – the civil action. A civil action is commenced by filing a civil complaint with the court. Summonses and Process. Issuance; Setting of Initial Hearing; Service. Pleading Defined. As used in this rule, Rule 3.1 and 3.2, “pleading” means any of the pleadings authorized by Rule 7 that bring a party into an action – a complaint, petition, third-party complaint, counterclaim, cross-claim, or post-adjudication petition. Issuance and Initial Hearing Date. On filing a pleading that requires service of a summons, the filing party must present a summons for signature and seal. If the summons is properly completed, the clerk must: schedule an Initial Hearing date within forty-five (45) days and note the date on the summons; and sign, seal, and the summons to the filing party for service. A summons must be issued for each party to be served. trial Trial Trial
Rules_of_Civil_Procedure_DRAFT.docx