Arizona

Family Law

Rule 1 – Scope and Applicability of These Rules
Rule 2 – Applicability of the Arizona Rules of Evidence
Rule 3 – Definitions
Rule 4 – Computing and Extending Time
Rule 5 – Consolidation
Rule 5.1 – Simultaneous Dependency and Legal Decision-Making/Parenting Time Proceedings
Rule 6 – Change of Judge as a Matter of Right
Rule 6.1 – Change of Judge for Cause
Rule 7 – Protected Address
Rule 8 – Telephonic Appearances and Testimony
Rule 9 – Duties of Parties or Counsel
Rule 10 – Representation of Children
Rule 10.1 – Court-Appointed Advisor
Rule 11 – Attendance of Minors
Rule 12 – Court Interviews of Children
Rule 13 – Public Access to Proceedings and Records
Rule 14 – Written Verifications and Unsworn Declarations Under Penalty of Perjury
Rule 15 – Affirmation Instead of Oath
Rule 16 – Interpreters
Rule 17 – Sealing, Redacting, and Unsealing Court Records
Rule 18 – Preserving a Recording of a Court Proceeding
Rule 19 – Lost or Destroyed Records
Rule 20 – Form of Documents
Rule 21 – Improper Venue
Rule 22 – Conduct of Proceedings
Rule 23 – Pleadings: Petition and Response
Rule 23.1 – [Abrogated]
Rule 24 – Contents of Pleadings
Rule 24.1 – Time for Filing and Serving a Response to a Petition
Rule 25 – Additional Filings
Rule 26 – Signing Pleadings, Motions, and Other Documents; Representations to the Court; Sanctions
Rule 27 – Service of the Petition
Rule 28 – Amended and Supplemental Pleadings
Rule 29 – Defenses; Motion for Judgment on the Pleadings; Joining Motions; Waiving Defenses; Pretrial Hearing
Rule 30 – Reserved
Rule 31 – Reserved
Rule 32 – Reserved
Rule 33 – Third-Party Rights and Other Claims in an Existing Action
Rule 34 – Continuances and Scheduling Conflicts
Rule 35 – Family Law Motion Practice
Rule 35.1 – Motion for Reconsideration
Rule 36 – Real Party in Interest
Rule 37 – Substitution of Parties: Death, Incompetency, and Transfer of Interest
Rule 38 – Reserved
Rule 39 – Meaning of Service
Rule 40 – Summons
Rule 41 – Service Within and Outside Arizona
Rule 42 – Reserved
Rule 43 – Service of Other Documents After Service of the Summons, Petition, and Order to Appear
Rule 43.1 – Filing Pleadings and Other Documents
Rule 44 – Default
Rule 44.1 – Default Decree or Judgment by Motion and Without a Hearing
Rule 44.2 – Default Decree or Judgment by Hearing
Rule 45 – Consent Decree, Judgment, or Order
Rule 46 – Dismissal
Rule 47 – Motions for Temporary Orders
Rule 47.1 – Simplified Child Support Orders
Rule 47.2 – Motions for Post-Decree Temporary Legal Decision-Making, Parenting Time or Child Support Orders
Rule 48 – Temporary Orders Without Notice
Rule 49 – Disclosure
Rule 50 – Complex Case Designation
Rule 51 – General Provisions Governing Discovery
Rule 52 – Subpoena
Rule 53 – Protective Orders Regarding Discovery Requests
Rule 54 – Discovery Before an Action Is Filed or Pending an Appeal
Rule 55 – Persons Before Whom Depositions May Be Taken; Depositions in Foreign Countries
Rule 56 – Modifying Discovery and Disclosure Procedures and Deadlines
Rule 57 – Depositions by Oral Examination
Rule 58 – Reserved
Rule 59 – Using Depositions in Court Proceedings

Rule 60 – Interrogatories to Parties
Rule 61 – Reserved
Rule 62 – Production of Documents and Things and Entry onto Land
Rule 63 – Physical, Mental or Behavioral Health, and Vocational Evaluations
Rule 64 – Requests for Admission
Rule 65 – Failure to Make Disclosures or to Cooperate in Discovery; Sanctions
Rule 66 – Duties to Consider and Attempt Settlement by Alternative Dispute Resolution (“ADR”)
Rule 67 – Types of Alternative Dispute Resolution
Rule 67.1 – Collaborative Law Proceedings
Rule 67.2 – Uniform Family Law Arbitration Rule
Rule 67.3 – Private Mediation
Rule 67.4 – Settlement Conferences
Rule 68 – Conciliation Court
Rule 69 – Binding Agreements
Rule 70 – Notice of Settlement
Rule 71 – Sanctions
Rule 72 – Family Law Master
Rule 72.1 – Retirement, Benefits, Stock Options, and Other Employment Related Compensation
Rule 73 – Family Law Conference Officer
Rule 74 – Parenting Coordinator
Rule 75 – Reserved
Rule 76 – Resolution Management Conference
Rule 76.1 – Scheduling Conference; Scheduling Statement; Pretrial Statement
Rule 76.2 – Sanctions for Failure to Participate in a Court Proceeding
Rule 77 – Trials
Rule 78 – Judgment, Attorney Fees, Costs, and Expenses
Rule 79 – Summary Judgment
Rule 80 – Declaratory Judgments
Rule 81 – Reserved
Rule 82 – Findings and Conclusions by the Court; Judgment on Partial Findings
Rule 83 – Altering or Amending a Judgment
Rule 84 – Motion for Clarification
Rule 85 – Relief from Judgment or Order
Rule 86 – Harmless Error
Rule 87 – Stay of Proceedings to Enforce a Judgment
Rule 88 – Judge’s Inability to Proceed
Rule 89 – Enforcing a Judgment for a Specific Act
Rule 90 – Enforcing Relief for or Against a Nonparty
Rule 91 – Modification or Enforcement of a Judgment
Rule 91.1 – Post-Judgment Petition to Modify Spousal Maintenance or Child Support
Rule 91.2 – Post-Judgment Petition to Enforce Spousal Maintenance or Child Support
Rule 91.3 – Post-Judgment Petition to Modify Legal Decision Making or Parenting Time
Rule 91.4 – Post-Judgment Petition to Relocate or Prevent Relocation
Rule 91.5 – Post-Judgment Petition for Enforcement of Legal Decision-Making or Parenting Time; Warrant to Take Physical Custody
Rule 91.6 – Other Post-Judgment Petitions
Rule 92 – Civil Contempt and Sanctions for Non-Compliance with a Court Order
Rule 93 – Reserved
Rule 94 – Civil and Child Support Arrest Warrants
Rule 95 – Other Family Law Services and Resources
Rule 96 – Reserved
Rule 97 – Family Law Forms
Form 1 – Notice of Limited Scope Representation
Form 2 – Affidavit of Financial Information
Form 3 – Confidential Sensitive Data Form
Form 4 – Proposed Dissolution Resolution Statement
Form 5 – Proposed Paternity Resolution Statement
Form 6 – Default Information for Spousal Maintenance
Form 7 – Uniform Family Law Interrogatories
Form 8 – Consent Decree of Dissolution of Marriage (Divorce) with Children
Form 9 – Parenting Coordinators Report
Form 10 – Order Regarding Parenting Coordinators Report
Form 11 – Parent Information Regarding the Use of Parenting Coordinators
Form 12 – Inventory of Property and Debts
Form 13 – Order to Appear; Pre-Judgment/Decree
Form 14 – Order to Appear Post Judgment/Decree
Form 15 – Request and Order for Protected Address
Form 16 – Pretrial Statement
Form 17 – Good Faith Consultation Certificate

Rule 36 – Real Party in Interest

(a) Generally. An action must be brought in the name of the real party in interest.

(b)Minor or an Incompetent Person. A guardian, conservator, child’s attorney, or similar fiduciary may bring or defend an action, or otherwise act on behalf of, a minor or an incompetent person.

(c)Compensation. The court may allocate between the parties the fees and expenses of the minor or incompetent person’s representative under (b) as the court deems appropriate.

(d)Action in the Name of the State for Another’s Use. When a state statute so provides, an action for another’s use or benefit must be brought in the name of the State of Arizona.

Ariz. R. Fam. Law. proc. 36

Added Oct. 19, 2005, effective Jan. 1, 2006; amended effectiveJan. 1, 2019.

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