Arizona

Family Law

Family Law

Rule 9 – Duties of Parties or Counsel

(a)Current Address. Parties or counsel must keep the court informed of a current mailing address, email address, and telephone number.
(b)Responsibility to the Court. Parties and counsel are responsible for knowing the status of their cases and keeping the court informed of material changes in the status of their cases.
(c)Good Faith Consultation Certificate.

(1)Generally. When these rules require a “good faith consultation certificate,” the certificate must demonstrate that a party has made a good faith attempt to resolve the issue. The consultation or attempted consultation required by this rule must be in person or by telephone, and not merely by letter or email.
(2)Domestic Violence. If there is a current court order prohibiting contact between the parties or a history of domestic violence between self-represented parties, the parties are not required to personally meet or contact each other.
(d)Appearance, Withdrawal, and Substitution of Counsel.

(1)Attorney of Record; Duties of Counsel.

(A)Appearance Required. Counsel may appear as attorney of record by filing a document that identifies counsel as the attorney of record for a party. Counsel may not file anything in any action or act on behalf of a party in open court without appearing as attorney of record.
(B)Duties. Once counsel has appeared as attorney of record in an action, and except pursuant to Rule 9(e), counsel will continue as attorney of record before and after judgment until:

(i) the time to appeal a final judgment has passed,
(ii) a judgment has become final after appeal, or
(iii) there has been a formal withdrawal or substitution in the case pursuant to Rule 9(d)(2).
(2)Withdrawal and Substitution.

(A)Notice of Withdrawal. When a judgment, decree, or other appealable order has become final, the time for appeal has passed, and there are no matters pending before the court, an attorney may withdraw from further representation by filing a notice of withdrawal. The notice must state that the attorney will no longer represent the client and include the client’s address and telephone number, unless protected. The withdrawing attorney must provide a copy of the notice to the client and all other parties. An order approving the notice of withdrawal is not required.
(B)Motion to Withdraw as Counsel. A motion to withdraw as attorney of record must be in writing, state the reasons for the withdrawal, and set forth the client’s address and telephone number. Additionally:

(i) If the motion bears the client’s written approval, it must be accompanied by a proposed written order and may be presented to the court ex parte. The withdrawing attorney must give prompt notice of the entry of such order, together with the client’s address and telephone number, unless protected, to all other parties.
(ii) If the motion does not bear the client’s written approval, it must be served on the client and all other parties. The motion must be accompanied by a certificate of the moving attorney that the client has been notified in writing of the status of the action, including the dates and times of any court hearings or trial settings, or the client cannot be located or cannot be notified of the motion’s pendency and the case status.
(C)Withdrawal After Trial Setting. No attorney will be permitted to withdraw as attorney of record after a trial date is set, unless:

(i) the application includes the party’s signed statement that the party is aware of the trial date and has made suitable arrangements to be prepared for trial; or
(ii) the attorney seeking withdrawal shows good cause for allowing the attorney to withdraw even though the action has been set for trial.
(D)Substitution of Counsel. Counsel may be substituted upon written notice to the court and all parties bearing the written consent of the represented party. The notice must affirm that the substituting attorney is advised of pending court dates and has made suitable arrangements to be prepared. The notice must be accompanied by a form of order approving the substitution.
(E)Change of Counsel Within the Same Firm or Office. If there is a change of counsel within the same law firm, an order of substitution or association is not required. Instead, the new attorney must file a notice of substitution or association. The notice must state the names of the attorneys who are the subjects of the substitution or association and the current address and email address of the attorney substituting or associating.
(e)Limited Scope Representation.

(1)Scope. In accordance with ER 1.2, Arizona Rules of Professional Conduct, an attorney may undertake a limited scope representation of a person involved in a family court proceeding.
(2)Notice. An attorney undertaking a limited scope representation may appear by filing and serving a Notice of Limited Scope Representation in a form substantially similar to Form 1, Rule 97.
(3)Service. Service on an attorney who has undertaken a limited scope representation on behalf of a party will constitute effective service on that party under Rule 43(b) with respect to all matters in the action but will not extend the attorney’s responsibility for representing the party beyond the specific matters, hearings, or issues for which the attorney has appeared.
(4)Withdrawal. Upon an attorney’s completion of the representation specified in the Notice of Limited Scope Representation, the attorney may withdraw from the action as provided in Rule 9(d)(2)(A).

Ariz. R. Fam. Law. proc. 9

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