Assigned to JUD                                                                                                                              FOR COMMITTEE

 

 


 

ARIZONA STATE SENATE

Phoenix, Arizona

 

FACT SHEET FOR H.B. 2353

 

venue change; fee payments; time

 

Purpose

 

Changes the time period during which a person must pay filing fees from 30 days after an order for change of venue is issued to 30 days after the new court receives the case files.

 

Background

 

            Law stipulates that a party who receives a change in venue must pay two fees: a transmittal fee to the clerk of the superior court in the original county and a filing fee to the clerk of the court to which the case is transferred.  Under current law, the filing fee with the new court must be paid within 30 days of the order for change of venue.  The Administrative Office of the Courts states that in some cases the court file does not reach the new venue in the existing time frame, requiring the person to go back to the original court and file again for change of venue.  H.B. 2353 changes the filing fee deadline to within 30 days of the date the new court receives the case file.

 

            There is no anticipated impact on the state general fund.

 

Provisions

 

1.      Changes the date by which a party who requests a change of venue must pay filing fees to within 30 days from the date the new court receives the file instead of 30 days from the date of the change of venue order.

 

2.      Makes technical changes.

 

3.      Provides for a general effective date.

 

House Action

 

JUD                 1/22/02            DP       9-0-0-1-0

3rd Read           2/5/02                          60-0-0-0

 

 

Prepared by Senate Staff

February 14, 2002