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State v. Superior Court12/22/1992
, or the affidavit made, by the party or by a person acquainted with the facts, for and on behalf of such party.
Ariz. R. Civ. P. 11(b) (emphasis added).
We find that the trial court erred. "Our rules of procedure and statutes should be harmonized wherever possible and read in conjunction with each other." Phoenix of Hartford, Inc. v. Harmony Restaurants, Inc., 114 Ariz. 257, 258, 560 P.2d 441, 442 (App. 1977). In some cases statutes are tempered by the requirements of omnibus rules. See, e.g., Upton v. Cochise County Bd. of Adjustment, Dist. 1, 121 Ariz. 238, 589 P.2d 481 (App. 1979) (holding that rule excluding weekends and holidays from time computations applies to computation of statutory thirty-day period for filing superior court administrative appeal). In other cases a specific statutory requirement takes precedence. See, e.g., Phoenix of Hartford, Inc., 114 Ariz. at 258-59, 560 P.2d at 442-43 (holding that statute designating director of insurance as exclusive recipient of service of process on foreign insurers takes precedence over general rule permitting agents to receive service for corporations).
To harmonize a rule and statute, a court should consider the purpose each is meant to serve. Rule 11(b) originated in the revised Code of 1928, section 3744, which was intended generally to permit "anyone who knew the facts" to supply a verification required for pleading. Weigel v. Hohn, 45 Ariz. 81, 84, 39 P.2d 933, 934 (1935). We read section 13-4311(E) to embody a narrower and superseding intent. Property subject to forfeiture is property whose ownership is pertinent to criminal investigation or prosecution. Section 13-4311(E), which expressly requires the claimant's signature "under penalty of perjury," informs a claimant of the gravity of a claim against such property and assures the State that the claim will not be casually made.
When the legislature adopted the forfeiture provisions of the criminal code, it intended for the rules of civil procedure to apply generally, but not entirely, to in rem forfeiture proceedings. Section 13-4311(B) provides:
judicial in rem forfeiture proceedings are in the nature of an action in rem and are governed by the rules of civil procedure unless a different procedure is provided by law.
The signature requirement of 13-4311(E) is an instance of a different procedure provided by law.
For the foregoing reasons, we hold that the trial court erred in denying the State's motion to strike the claim. We have previously accepted special action jurisdiction and granted the State's request for relief, directing the trial court to grant the State's motion and proceed as if the notice of claim had not been filed.
NOEL FIDEL, Chief Judge
CONCURRING:
SUSAN A. EHRLICH, Presiding Judge
WILLIAM F. GARBARINO, Judge
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