Arizona

Family Law

Family Law

Rule 21 – Improper Venue

(a)Transfer on Court’s Motion. When a family law action has been commenced in an improper county in violation of A.R.S. § 12-401, A.R.S. § 25-502, or A.R.S. § 25-802, the court, on a finding that venue is improper, may on its own motion transfer the case to a county where venue is proper, so long as such transfer occurs not later than 30 days after a resolution management conference has been scheduled pursuant to Rule 76. Before ordering a transfer of the case under this rule, the court must provide the parties notice of its intent to transfer the case and allow the parties 10 days to file objections to the proposed transfer.
(b)Fees. If a change of venue is ordered under this rule, the petitioner must pay the transmittal fee under A.R.S. § 12-284 to the clerk of the court transferring the case not later than 20 days after the order directing the change. Not later than 30 days after the clerk of the receiving court receives the file, the petitioner must pay that clerk the initial case filing fee. If the petitioner fails to timely pay either the transferring court’s transmittal fee or the receiving court’s filing fee, the court that ordered the change must dismiss the case without prejudice. The court ordering the transfer of venue may order the clerk of that court to refund the petitioner’s original filing fee.

Ariz. R. Fam. Law. proc. 21

Amended effectiveJan. 1, 2019.