Arizona

Family Law

Family Law

Rule 4 – Computing and Extending Time

(a) Computing Time. The following rules apply in computing any time period specified in these rules or in any local rule, court order, or statute:

(1)Day of the Event Excluded. Exclude the day of the act, event, or default that begins the period.
(2)Exclusions if the Deadline Is Less Than 11 Days. Exclude intermediate Saturdays, Sundays, and legal holidays if the period is less than 11 days.
(3)Last Day. Include the last day of the period unless it is a Saturday, Sunday, or legal holiday. When the last day is excluded, the period runs until the next day that is not a Saturday, Sunday, or legal holiday.
(b)Extending Time.

(1)Generally. When an act may or must be done within a specified time, the court may, for good cause, extend the time:

(A) with or without motion or notice if the court acts, or the request is made, before the original time or its extension expires; or
(B) on motion made after the time has expired if the party failed to act because of excusable neglect.
(2)Exceptions. The court may not extend the time to act under Rules 83 or 85 unless otherwise allowed by those rules, or:

(A) the court finds that the moving party was entitled to notice of the entry of judgment or the order, but did not receive notice from the clerk or any party within 21 days after its entry;
(B) the moving party files the motion within 30 days after the specified time to act expires under these rules or within 7 days after the party received notice of the entry of the judgment or order triggering the time to act under these rules, whichever is earlier; and
(C) the court finds that no party would be prejudiced by extending the time to act.
(c)Additional Time After Service Under Rule 43(b)(2)(C) or (D). When a party may or must act within a specified time after service and service is made under Rule 43(b)(2)(C) or (D), 5 calendar days are added after the specified period would otherwise expire under Rule 4(a). This rule does not apply to the clerk’s distribution of notices-including notice of entry of judgment under Rule 78(h) -minute entries, or other court-generated documents.
(d)Minute Entries and Other Court-Generated Documents. Notices, minute entries, and other court-generated documents are entered on the date they are filed by the clerk. Unless the court orders otherwise, if an order states that an act may or must be done within a specified time after the order is entered, the date the order is filed is “the day of the act, event or default” under Rule 4(a)(1).

Ariz. R. Fam. Law. proc. 4

Added Oct. 19, 2005, effective Jan. 1, 2006. Amended Jan. 20, 2006, effective June 1, 2006;Sept. 5, 2007, effective Jan. 1, 2008;Sept. 1, 2011, effective Jan. 1, 2012; amended effectiveJan. 1, 2019.

COMMENT TO 2019 AMENDMENT

Rule 4(c) is amended to remove any doubt as to the method for extending the time to respond after service by mail or other means, including electronic means, if consented to in writing by the recipient or ordered by the court. Five days are added after the prescribed period otherwise expires under Rule 4(a). Intermediate Saturdays, Sundays, and legal holidays are included in counting these added five days. If the fifth day is a Saturday, Sunday, or legal holiday, the last day to act is the next day that is not a Saturday, Sunday, or legal holiday. The effect of invoking the day when the prescribed period would otherwise expire under Rule 4(a) can be illustrated by assuming that the thirtieth day of a thirty-day period is a Saturday. Under Rule 4(a), the period expires on the next day that is not a Sunday or legal holiday. If the following Monday is a legal holiday, under Rule 4(a) the period expires on Tuesday. Five calendar days are then added-Wednesday, Thursday, Friday, Saturday and Sunday. As the fifth and final day falls on a Sunday, by operation of Rule 4(a), the fifth and final day to act is the following Monday. If Monday is a legal holiday, the next day that is not a legal holiday is the fifth and final day to act. If the period prescribed expires on a Wednesday, the five added calendar days are Thursday, Friday, Saturday, Sunday, and Monday, which is the fifth and final day to act unless it is a legal holiday. If Monday is a legal holiday, the next day that is not a legal holiday is the fifth and final day to act.

Application of Rule 4(c) to a period that is less than eleven days can be illustrated by a paper that is served by mailing on a Wednesday. If 10 days are allowed to respond, intermediate Saturdays, Sundays, and legal holidays are excluded in determining when the period expires under Rule 4(a). If there is no legal holiday, the period expires on the Wednesday two weeks after the paper was mailed. The five added Rule 4(c) days are Thursday, Friday, Saturday, Sunday, and Monday, which is the fifth and final day to act unless it is a legal holiday. If Monday is a legal holiday, the next day that is not a legal holiday is the final day to act.