Arizona

Family Law

Family Law

Rule 35 – Family Law Motion Practice

(a)Requirements.

(1)Generally. A party must request a court order in a pending action by motion, unless otherwise provided by these rules.
(2)Contents. Motions must state with particularity the grounds for granting the motion and the relief or order sought. Unless the court orders otherwise, a motion must not exceed 17 pages, not including attachments.
(3)Response and Reply. Except where otherwise provided in these rules, a response must be filed within 10 days after service of the motion. A reply may be filed by the moving party, but any reply must be filed within 5 days after service of the response. The reply may address only those matters raised in the response. Unless otherwise ordered, a response may not exceed 17 pages, and a reply may not exceed 11 pages, not including attachments. A party may not respond to a reply unless authorized by the court.
(4)Affidavits and Other Evidence. Except where otherwise provided in these rules or ordered by the court, affidavits and other evidence submitted in support of any motion, response, or reply must be filed at the same time.
(5)Motions in Open Court. The court may waive any of the requirements of this rule when considering motions made in open court.
(6)Service. The date and manner of service of every motion, response, and reply must be noted on each document. If the manner of service is not noted, it is presumed that the filing was served by mail, and the provisions of Rule 4(c) will apply.
(b)Effect of Noncompliance or Waiver. The court may summarily grant or deny a motion if:

(1) a motion or response does not substantially comply with section (a);
(2) no response is filed; or
(3) a party fails to appear, personally or through counsel, at the time and place designated for oral argument.
(c)Oral Argument. Any party may request, or the court may order, oral argument on any motion. The court may limit the length of oral argument. The court also may decide motions without oral argument, even if requested.
(d)Agreements to Extend Time for Filing.

(1)Generally. Subject to the approval of the court, parties may agree to extend the dates that the response and reply are due.
(2)Notice Procedure. Parties who have agreed to extend due dates may file a notice stating the agreed briefing schedule. The notice must identify within its title the number of extensions agreed upon by the parties with respect to that filing (e.g., “Notice of First Agreed Extension of Time to File…”).
(3)Limitation. An extension of time will not be effective without prior court approval if briefing is concluded fewer than 5 days before a hearing or oral argument previously set, or if the notice of the extension purports to extend the time to file for which the due date has passed.
(4)Effective Date. An agreed extension is effective upon the proper filing of a notice of extension, unless the court enters an order disapproving the extension.

Ariz. R. Fam. Law. proc. 35

Added Oct. 19, 2005, effective Jan. 1, 2006. Amended Sept. 5, 2007, effective Jan. 1, 2008;Sept. 16, 2008, effective Jan. 1, 2009;Sept. 2, 2014, effective Jan. 1, 2015; amended effectiveJan. 1, 2019.