Arizona

Family Law

Family Law

Rule 3 – Definitions

(a)Guardian. A “guardian” is a person appointed under Titles 8 or 14 of the Arizona Revised Statutes. Guardian is defined in order to distinguish a guardian from a guardian ad litem or best interests attorney.
(b)In Camera Review. “In camera” means a judicial officer’s review of a document that occurs in chambers and not in open court. If the court orders that a document be reviewed in camera, the party who possesses the document must submit it directly to the judicial officer without disclosing it to the other party. The judicial officer must then privately review the document and determine whether it should be disclosed under the applicable law and rules.
(c)Party. A “party” is an individual, or a private or public entity, designated in a pleading as a petitioner, respondent, or third party. The State of Arizona may be designated as a party.

(1) A “petitioner” is the person or entity that files the first petition.
(2) A “respondent” is any opposing party other than the petitioner.
(3) The petitioner and respondent are referred to by those designations in all later filings in the same case, including motions and post-decree or post-judgment petitions.
(d)Pleading. A “pleading” is a document filed under Rules 23(a), 23(c), 23(f), 28, or 33.
(e)Sealing. “Sealing” is an action taken by the clerk to restrict access to a record under Rule 17.
(f)Title IV-D. “Title IV-D” means Title IV-D of the Social Security Act, 42 U.S.C. ยงยง 651 et seq., which is administered in Arizona by the Division of Child Support Services (DCSS) of the Arizona Department of Economic Security.
(g)Witness. A “witness” is a person whose testimony under oath or affirmation is offered as evidence for any purpose, whether by oral examination, deposition, or affidavit.

Ariz. R. Fam. Law. proc. 3

Added Oct. 19, 2005, effective Jan. 1, 2006. Amended Sept. 5, 2007, effective Jan. 1, 2008;Sept. 16, 2008, effective Jan. 1, 2009;Aug. 28, 2013, effective Jan. 1, 2014; amended effectiveJan. 1, 2019.