Arizona

Family Law

Family Law

Rule 91 – Modification or Enforcement of a Judgment

(a)Definitions.

(1)Judgment. When used in this rule and in Rules 91.1 through 91.6, “judgment” includes a decree of dissolution of marriage, a decree of legal separation, a decree of dissolution of a covenant marriage, a decree of legal separation of a covenant marriage, a decree of annulment, judgments of paternity and maternity, and orders defining legal decision-making, parenting time, or child support.
(2)Applicant. When used in this rule and in Rules 91.1 through 91.6, an “applicant” is the party who, after the entry of a judgment, seeks to modify or enforce all or part of a judgment.
(3)Designating the Parties. The original designation of the parties as “petitioner” and “respondent” in this jurisdiction remains unchanged in all post-judgment petitions, motions, and documents.
(b)Petition to Modify or Enforce a Judgment. An applicant who seeks to modify or enforce all or a portion of a judgment after the entry of the judgment must file a petition with the court and pay the required filing fee. The petition must meet the requirements of this rule and, as applicable, Rules 91.1, 91.2, 91.3, 91.4, 91.5, or 91.6. The petition must include, at a minimum:

(1) the date the judgment was entered;
(2) the name and location of the court that entered the judgment;
(3) as an attachment, a copy of the judgment the applicant seeks to modify or enforce, but if the judgment is in the official court file, the applicant may incorporate the judgment by reference;
(4) the page numbers and sections, if applicable of the judgment that contains the provisions the applicant wishes to modify or enforce; and
(5) the relief requested.
(c)Verification or Declaration. The petition to modify or enforce a judgment must be verified under Rule 14. However, the State does not need to verify a petition it files in a Title IV-D matter.
(d)Mediation. No party may be required to submit to mediation before filing a petition for modification of legal decision-making or parenting time. However, a local rule or court order may require the parties to submit to mediation before the court will hold an evidentiary hearing on any legal decision-making or parenting time issues.
(e)Contempt. A petition that requests a contempt remedy must comply with this rule and Rule 92.
(f)Temporary Orders. Any request for a temporary order in a post-judgment proceeding must meet the requirements of Rules 47, 47.2 or, if applicable, Rule 48.
(g)Affidavit of Financial Information. When this rule or Rules 91.1 through 91.6 require an Affidavit of Financial Information, the parties must use an affidavit substantially in the form set forth in Form 2, Rule 97 (“Affidavit of Financial Information”) or another form permitted by local rule.
(h)Order to Appear. After filing the petition, the applicant must submit to the assigned judicial officer two copies of an Order to Appear, and a copy of the petition showing the court’s filing stamp. An Order to Appear must be substantially in the form set forth in Form 14, Rule 97 (“Order to Appear Post-Judgment”).
(i)Initial Review of Petitions.

(1)Setting a Conference or Hearing or Rejecting a Petition. Upon receipt of the petition and proposed Order to Appear, the court must review the petition and (a) reject the petition for failure to state grounds upon which relief can be granted, or (b) issue the Order to Appear. If the court rejects the petition, the court must provide the applicant with an explanation of the deficiency and provide an opportunity to correct the deficiency within 30 days after the date of the rejection notice. In deciding whether to reject a petition, the court cannot assess credibility or weigh evidence. If the court issues the Order to Appear, it must set a resolution management conference or evidentiary hearing, as appropriate. No evidence may be taken at a resolution management conference except under emergency circumstances.
(2)Counsels’ Duties. If the court schedules a resolution management conference, and both parties are represented by counsel, counsel must confer before the conference regarding the issues raised by the petition, anticipated discovery and disclosure, the timing for anticipated discovery and disclosure, alternative dispute resolution or mediation options, and the possible resolution of any of the issues raised by the petition.
(3)Scope of Resolution Management Conference. At the resolution management conference, the court may take any action provided in Rule 76(c).
(j)Manner and Timing of Service. The applicant must serve the petition, and every order, warrant, and affidavit in support of the petition, on all other parties in the manner required under Rules 40(f)(1) or 41, as applicable. The applicant must make good faith efforts to complete service promptly and within 10 days after the receipt of the issued order to appear but must complete service in no event later than 20 days before the hearing.
(k)Dismissal of Petition for Lack of Prosecution.

(1) In the following circumstances, the court may dismiss a post-judgment petition:

(A) if a petition to enforce or modify a judgment is filed but not presented to the assigned division with a proposed Order to Appear within 30 days after filing;
(B) if the applicant fails to accomplish service before the conference or hearing as provided in this rule and the date to accomplish service is not extended; or
(C) if the applicant fails to appear at the conference or hearing.
(2)Extension of Time. The court may extend the deadlines in this rule for good cause.
(l) Responses; Time for Response. Unless a statute or rule requires otherwise, a party served with a petition may, but is not required to, file a response to the petition. However, if a party chooses to respond or when these rules specifically require a response, the responding party must file and provide a copy of the response to the applicant or, if represented, the applicant’s attorney. Unless the court orders otherwise, the response must be filed at least 3 days before the scheduled conference or hearing.
(m)Disclosure. In any proceeding under Rule 91 or Rules 91.1 through 91.6, each party must comply with Rule 49 within the time established by the court at the conference or hearing or as agreed by the parties.
(n)Attorney Fees, Costs, and Expenses. In any post-judgment proceeding in which an award of attorney fees, costs, and expenses is an issue, both parties must file and exchange a completed Affidavit of Financial Information at the time established by the court, but not later than in compliance with Rule 76.1(b) submittals.
(o)Rule 76.1 Statement. Before an evidentiary hearing, the parties must comply with Rule 76.1 and any local rules, including the filing of a scheduling conference or pretrial statement, as ordered by the court.
(p)Stipulations. Stipulations to modify or enforce post-judgment orders that substantially change the terms of a legal decision-making or parenting time order must meet the requirements of Rule 14.

Ariz. R. Fam. Law. proc. 91

Added Oct. 19, 2005, effective Jan. 1, 2006. Amended Sept. 5, 2007, effective Jan. 1, 2008; Sept. 16, 2008, effective Jan. 1, 2009. Amended on an emergency basis Aug. 30, 2012, effective Jan. 1, 2013, amendment adopted on a permanent basisDec. 10, 2012. Amended Sept. 2, 2016, effective Jan. 1, 2017; amended effectiveJan. 1, 2019.