Arizona

Family Law

Family Law

Rule 47 – Motions for Temporary Orders

(a)Motions for Pre-Decree Temporary Orders. A party seeking temporary orders for legal decision-making, parenting time, child support, or spousal maintenance, or concerning property, debt, or attorney fees, must file a separate verified motion that states the motion’s legal and jurisdictional basis and the specific relief requested. The motion must be filed either after or concurrently with the initial petition. The motion must include the following information and documentation, if relevant:

(1)For Legal Decision-Making and Parenting Time. A motion requesting temporary legal decision-making or parenting time must specify the court’s authority to proceed under A.R.S. § 25-402 and must include a proposed parenting plan that specifically states the legal decision-making or parenting time for both parties.
(2)For Child Support. A motion requesting temporary child support must include a completed Child Support Worksheet that specifies the amount requested in accordance with the current Arizona Child Support Guidelines. The motion must include an affidavit substantially in the form set forth in Form 2, Rule 97 (“Affidavit of Financial Information”).
(3)For Spousal Maintenance. A motion requesting temporary spousal maintenance must state the specific duration and amounts requested. The motion must include an affidavit substantially in the form set forth in Form 2, Rule 97 (“Affidavit of Financial Information”).
(4)For Property, Debt, and Attorney Fees. A motion requesting a temporary order to exclude a party from a residence, to divide community property, or to order payment of debt, expenses, or attorney fees, must state the specific relief requested, the proposed division of property, the responsibility that each party would have to pay debts and expenses, and the income and assets that would be available to each party if the motion is granted. A motion for a temporary order requesting payment of attorney fees must state the specific amount of fees requested and must include an Affidavit of Financial Information.
(b)Order to Appear. Unless a local rule establishes a different procedure, the moving party must provide the assigned judicial officer with the original and one copy of an order to appear substantially in the form set forth in Form 13, Rule 97 (“Order to Appear”). The clerk will file the original Order to Appear when the assigned judicial officer signs it.
(c)Scheduling.

(1)Generally. Upon receiving a motion for temporary orders and the required supporting documents, the court must schedule a resolution management conference. No evidence will be taken at a resolution management conference unless the parties agree. The purpose of a resolution management conference is to facilitate agreements between the parties that permit the entry of temporary orders at the conclusion of the conference. If, at the conclusion of the resolution management conference, issues remain that require an evidentiary hearing concerning temporary orders, the court must schedule an evidentiary hearing on those issues. If the court finds that the circumstances of a specific case demonstrate that a resolution management conference would not serve the interests of efficiency, it may schedule an evidentiary hearing on temporary orders instead of a resolution management conference. The court must set the conference or hearing on a date not later than 30 days after the after the motion is filed.

(A)Disputed Issues of Fact. The court may not resolve disputed issues of fact at a pretrial conference or resolution management conference without the parties’ agreement.
(B)Evidentiary Hearing. If all issues are not resolved at a pretrial conference or resolution management conference, the court must set an evidentiary hearing on a date not later than 30 days after the conference, unless the parties agree to a different time frame or procedure.
(C)Extensions of Time. The court may extend the time frames set forth in (c)(1) for good cause.
(2)Motions for Legal Decision-Making and Parenting Time. Notwithstanding (c)(1), if a party files a pre-decree motion for a temporary order requesting legal decision-making or parenting time, the court must hold an evidentiary hearing not later than 60 days after the party files the motion unless:

(A) the moving party waives the requirement for a hearing within 60 days;
(B) a temporary order is established during a separate conference or hearing that is held within 60 days after the party files the motion; or
(C) extraordinary circumstances exist, and the court is not able to schedule the hearing within 60 days after the motion is filed, and the court makes a finding on the record regarding the cause of the delay.
(3)Other Matters. For any temporary parenting time order entered under this rule, the court must determine an amount of child support under A.R.S. § 25-320 and the Arizona Child Support Guidelines.
(4)Other Settings. Subject to the requirements of subpart (c)(1), the court may set any other appropriate conference or hearing.
(d)Service. The moving party must serve all parties under Rules 40(f)(1) or 41, as applicable, with the documents described in sections (a) and (b) of this rule. The moving party must make good faith efforts to complete service promptly and, absent good cause, must complete service within 5 days after receipt of the issued order to appear and not later than 14 days before the date set in the order.
(e)Response. A party who is served with an Order to Appear on a motion for temporary orders is not required to file a response to the motion, but if the party does so, the party must verify the response.

(1) Whether or not the party files a response, the party must fully comply with the requirements of section (f).
(2) Additionally, if the motion requests child support, the party who is served must file a completed Child Support Worksheet.
(3) The party who is served also must provide copies of all filed documents to the assigned judicial officer and to the moving party not later than 3 days before the date set for a conference or hearing.
(f) Requirements Before a Conference or Hearing.

(1)Meet and Confer. At least 3 days before any conference or evidentiary hearing set by the court under section (c), the parties and counsel must meet and confer. If the matter is set for a resolution management conference, the parties must submit a resolution statement substantially in the form set forth in Form 4 or 5, as applicable, Rule 97, not later than 3 days before the date set for the conference or hearing.
(2)Exchange of Exhibits and Witness Lists Before an Evidentiary Hearing. Not later than 3 days before the date set for an evidentiary hearing, the parties must exchange any exhibits they will offer at the hearing, unless otherwise ordered by the court. Each party must provide to the other party a list of the names, addresses, and telephone numbers of all witnesses who may testify at the hearing, and the subject of their anticipated testimony.
(3)Exception. If there is a current court order prohibiting contact between the parties, or there is a history of domestic violence between the parties, the parties are not required to personally meet, confer, or contact each other before the conference or hearing, or otherwise violate an existing protective order. However, if a party is represented by counsel, then counsel must take reasonable steps under the circumstances to resolve as many issues as possible.
(g) Attendance. All parties and their counsel, if they are represented, must appear at any pretrial conference, resolution management conference, or evidentiary hearing.
(h) Request for Expedited Hearing. If a party requests an expedited hearing, the caption of the motion must include the words, “Expedited Hearing Requested.” The motion must specify facts necessitating an expedited hearing. The court may consider and decide a request for an expedited hearing without waiting for a response or holding oral argument.
(i)Local Procedures. Nothing contained in this rule precludes any county from establishing by local rule or administrative order an alternative process for temporary orders.
(j)Enforceability of Temporary Orders.

(1)When Enforceable. Temporary orders signed by the court and filed by the clerk are enforceable as final orders but terminate and are unenforceable upon dismissal of the action, or following entry of a final decree, judgment, or order, unless that final decree, judgment, or order provides otherwise.
(2)Exceptions. Orders of Protection and Injunctions Against Harassment are not subject to the provisions of this rule.

Ariz. R. Fam. Law. proc. 47

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, 2010, effective Jan. 1, 2011;Sept. 2, 2014, effective Jan. 1, 2015. Amended on an expedited basis effective Aug. 6, 2016. Amended on a permanent basis Dec. 14, 2016, effective Dec. 14, 2016; amended effectiveJan. 1, 2019.