State v. Counterman

OPINION

GRANT, Judge.

¶ 1 The Claimants-Appellants (“Counter-mans”) in this civil in rem forfeiture proceeding argue that the trial court erred in determining that their claim was not timely filed. We hold that Rule 6(e) of the Arizona Rules of Civil Procedure gives the Countermans five additional days to file a claim when the State gives them notice of the pending forfeiture by mail.

FACTS AND PROCEDURAL HISTORY

¶2 On August 22, 1997, the State instituted forfeiture proceedings against the money involved here by filing a notice of seizure for forfeiture and notice of pending forfeiture in the…