In re $ 47,611.31 U.S. Currency v. Counterman
In In re $ 47,611.31 U.S. Currency v. Counterman, 196 Ariz. 1, 2, P 4, 992 P.2d 1, 2 (App. 1999), the Court held that when a claimant receives notice of forfeiture by mail, he has an additional five days under Rule 6(e) of the Arizona Rules of Civil Procedure to file his verified claim. Id.
The court noted that under A.R.S. 13-4311(B), a forfeiture action is "governed by the Arizona rules of civil procedure unless a different procedure is provided by law." Id. at 992 P.2d at 3.
It then determined that while A.R.S. 13-4311(F) "prohibits the granting of an extension of the prescribed time, . . . Rule 6(e) does not grant an extension but rather automatically enlarges the prescribed time[.]" Id.
The Court clearly recognized that as to the initial time for filing, the trial court has no power to enlarge the thirty-day time period.