Arizona

Family Law

Family Law

Rule 13 – Public Access to Proceedings and Records

(a)Generally. Family court proceedings are presumptively open to the public. However, subject to the requirements in section (b), the court may close the courtroom and exclude the public to promote amicable settlement of the issues, to protect the best interests of a minor child, or to protect the parties from physical or emotional harm.
(b)Order to Close the Courtroom. On motion of an interested person or on its own, the court may order the courtroom closed if it finds on the record that:

(1) there is a compelling interest in closure that outweighs the public interest in attending a hearing or other proceeding;
(2) there are no alternatives to closure that will protect the compelling interest; and
(3) the court-ordered closure is no broader than necessary to protect the compelling interest.
(c)Timing. An interested person must file and serve a motion under this rule not later than two days before the applicable hearing or proceeding. The court on its own or on a party’s motion may close the courtroom if unforeseen circumstances arise that require closure.
(d)Stipulation to Close the Courtroom. A stipulation to close the courtroom does not alone constitute justification for closure.
(e)Access to Records.

(1)General Restrictions. The court must maintain and disclose records of family court proceedings in accordance with Rule 123, Rules of the Supreme Court, Rule 7, Arizona Rules of Protective Order Procedure, and Rule 43.1 of these rules.
(2)Court’s Authority. Unless otherwise provided in Rule 123, Rules of the Supreme Court, or Rule 7, Arizona Rules of Protective Order Procedure, the court may find that the confidentiality or privacy interests of the parties, their minor children, or another person outweigh the public interest in disclosure. After making that finding, the court may order that any record of a family court matter be closed or deemed confidential or may otherwise limit access to those records.

Ariz. R. Fam. Law. proc. 13

Added Oct. 19, 2005, effective Jan. 1, 2006. Amended Sept. 16, 2008, effective Jan. 1, 2009;Aug. 30, 2012, effective Jan. 1, 2013;Aug. 27, 2015, effective Jan. 1, 2016; amended effectiveJan. 1, 2019.