Arizona Rules of Family Law Procedure

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Questions and Answers

What is the latest time frame in which a resolution management conference must be held after a request is filed, barring any extensions for good cause?

45 days

75 days

60 days (correct)

30 days

Which of the following scenarios exempts parties from the requirement to confer before a resolution management conference?

One party is out of state during the conference

There is a current court order prohibiting contact due to domestic violence (correct)

The parties have previously reached an informal agreement

Both parties are self-represented

What must each party prepare and file before the resolution management conference?

A witness list for the conference

A written resolution statement outlining agreements and proposed resolutions (correct)

A financial affidavit showing their assets and liabilities

A comprehensive legal brief detailing their case

In which form should the resolution statement be prepared, as required by the rules?

In a form set forth in Rule 97, specifically Form 4 or 5 Signup and view all the answers

What is the primary purpose of a resolution management conference?

To facilitate agreements between the parties Signup and view all the answers

Which of the following is NOT included in the requirements for a statement filed for trial?

A physical demonstration of evidence during the trial Signup and view all the answers

What must each party provide if spousal maintenance is contested in the trial?

The amount and duration of support sought Signup and view all the answers

In what scenario may a party present a witness or evidence not listed in the pretrial statement?

If the court grants permission for good cause Signup and view all the answers

What can occur if a party fails to appear at a scheduled trial or hearing?

Sanctions may be imposed by the court Signup and view all the answers

Which of the following is required in the case of child support being contested?

A completed Parent's Worksheet for Child Support Amount Signup and view all the answers

Which statement regarding the designation of deposition testimony is true?

It must be included in the pretrial statement Signup and view all the answers

What consequence can follow if a party fails to obey a scheduling or pretrial order?

Sanctions may be imposed by the court Signup and view all the answers

What must be done if there are objections to the proposed witnesses for trial?

Each party's list of objections must be submitted in the statement Signup and view all the answers

What happens if the parties have not discussed settlement in good faith?

They must submit a formal written explanation Signup and view all the answers

What details must be included regarding contested issues in the statement filed for trial?

Detailed and concise statements of the contested issues Signup and view all the answers

When can a court enter sanctions against a disobedient party?

Absent good cause for the conduct described Signup and view all the answers

What must each party submit regarding property and debts in a case involving dissolution?

A detailed itemized inventory of property and debt Signup and view all the answers

What happens if a party waives the right to raise an objection during trial?

The specific objection cannot be raised, even later Signup and view all the answers

Which of the following is essential for a motion to set a case for trial?

A formal motion filed to the court Signup and view all the answers

What must be included in a motion regarding the estimated time for trial?

The date by which the case will be ready for trial. Signup and view all the answers

Which of the following constitutes a judgment according to the defined terms?

A decree of legal separation. Signup and view all the answers

What happens if a judgment is entered without specifying that no further matters remain pending?

The action continues until all claims are addressed. Signup and view all the answers

In what scenario can a claim for attorney fees be considered waived?

If not included in pretrial statements. Signup and view all the answers

How must objections to a proposed form of judgment be filed?

Within 5 days after the proposed form is served. Signup and view all the answers

What is required for judgment to be entered after the death of a party?

A written decision must have been made during the party's lifetime. Signup and view all the answers

What document must all judgments be in according to the rules?

A written document signed by an authorized individual. Signup and view all the answers

What is the consequence of failing to meet the requirements for attorney fees, costs, and expenses?

The claim is deemed denied unless good cause is shown. Signup and view all the answers

How can a clerk notify parties of the entry of judgment?

By U.S. mail, electronically, or attorney drop box. Signup and view all the answers

When can an appealable judgment be directed for fewer than all claims?

If the court determines no just reason for delay. Signup and view all the answers

What form of written notice is acceptable to inform parties of the entry of judgment?

A conformed copy of the file-stamped judgment. Signup and view all the answers

What specific detail is necessary to claim a preference for trial?

Issues of legal decision-making or parenting time. Signup and view all the answers

What must a party provide to support a claim for attorney fees?

An itemized affidavit or exhibits as evidence. Signup and view all the answers

What must be included in a judgment when children are involved?

An Education Order compliant with specified forms. Signup and view all the answers

What must the parties acknowledge when agreeing to terminate a legal separation decree?

The marital community is reformed as if they married on the date of the entry of the decree. Signup and view all the answers

In the context of a motion for summary judgment, when can a claimant file such a motion?

After a responsive pleading is due or a motion to dismiss has been filed. Signup and view all the answers

What is required for a stipulated order terminating a legal separation decree to be valid?

Each party must sign the stipulation and it should meet Rule 69 requirements. Signup and view all the answers

Which of the following statements is true regarding the offers of judgment in Arizona civil actions?

The procedure for offers of judgment is not applicable in matters involving Title 25. Signup and view all the answers

How must a summary judgment motion be structured according to the specified rules?

The statement of specific facts must be separate from the supporting memorandum. Signup and view all the answers

What is the effect of a stipulated order that terminates a legal separation decree?

It reestablishes the parties' marital status as if they were married from the termination date. Signup and view all the answers

Which of the following is a requirement when parties file a stipulation for terminating their legal separation?

Both parties must acknowledge the waiver of property payments unless specified otherwise. Signup and view all the answers

What is one condition for a party to contest a motion for summary judgment?

They need to file a response within 30 days after the motion is served. Signup and view all the answers

Under what circumstance may the court grant summary judgment?

If the moving party shows they are entitled to judgment as a matter of law. Signup and view all the answers

What happens to any property acquired after the entry of the separation decree prior to termination?

It is considered separate property of the party who acquired it. Signup and view all the answers

Which application is not applicable under the civil actions mentioned in this content?

Offers of judgment as per Arizona Rule of Civil Procedure 68. Signup and view all the answers

When can an opposing party respond to a motion for summary judgment?

No later than 30 days after the motion is served. Signup and view all the answers

What must be included in the stipulation for terminating a legal separation in addition to signatures?

Clear terms outlining the parties' agreement and future obligations. Signup and view all the answers

What is the purpose of a joint statement in summary judgment procedures?

To identify the facts that both parties agree are undisputed. Signup and view all the answers

What is required for a judgment on partial findings to be valid?

It must be supported by findings of fact and conclusions of law if requested. Signup and view all the answers

Under what condition can the court render a decision based on an agreed statement of facts?

If both parties sign the statement and file it with the clerk. Signup and view all the answers

What is a valid ground for altering or amending a judgment?

The evidence was not properly considered. Signup and view all the answers

What must the court do if it vacates a judgment?

Amend findings of fact and conclusions of law. Signup and view all the answers

What is the deadline for filing a motion to alter or amend a judgment?

25 days after entry of judgment. Signup and view all the answers

Under which condition can a party file a motion for clarification without extending the time for appeal?

If the ruling is confusing or has multiple interpretations. Signup and view all the answers

What must an order granting a motion pursuant to Rule 83 specify?

The grounds for the court’s order with particularity. Signup and view all the answers

What grounds can a court use to relieve a party from a judgment?

Mistake, inadvertence, or excusable neglect. Signup and view all the answers

Which of the following is not a reason for altering or amending a judgment?

Inconsistencies in the statute. Signup and view all the answers

What does a motion for relief from judgment not address?

Initiation of a new claim. Signup and view all the answers

Which situation allows the court to correct a clerical mistake in judgment?

On motion or its own initiative, with notice. Signup and view all the answers

What happens if a motion for clarification is filed?

The court may summarize deny it without additional responses. Signup and view all the answers

What must an opposing party do to object to the admissibility of evidence?

Include the objection in a response or opposing statement of facts. Signup and view all the answers

Which of the following is NOT a requirement for an affidavit used in support of a motion?

It must contain speculative conclusions. Signup and view all the answers

What must a request for Rule 79(d) relief include?

A supporting affidavit establishing specific and adequate grounds. Signup and view all the answers

What happens if an opposing party does not properly respond to a summary judgment motion?

Summary judgment may be entered against the opposing party. Signup and view all the answers

What is required from the party in a section (d) request for relief regarding evidence?

An estimate of the time required for additional discovery. Signup and view all the answers

Under what circumstance may a court grant summary judgment independently of motion rules?

After notifying parties and allowing time to respond. Signup and view all the answers

What does submitting an affidavit in bad faith potentially lead to?

Imposition of reasonable expenses and attorney fees on the submitting party. Signup and view all the answers

What type of hearing must the court hold after a request for Rule 79(d) relief is filed?

An expedited hearing within 7 days. Signup and view all the answers

What is the role of a parenting time supervisor as defined in the rules?

To facilitate contact per court orders between a child and parents. Signup and view all the answers

Under what circumstances may a supervisor terminate a court-ordered parenting time session?

If there is a concern regarding a participant's behavior or safety Signup and view all the answers

Which option describes the necessity for a document attached to an affidavit?

A properly authenticated copy must be included if referenced. Signup and view all the answers

What is required for the court to order parenting time consistent with the child's best interests?

Findings that the child's health would be endangered without it Signup and view all the answers

What aspect of the parenting time or case implementation supervision order must specify the allocation of fee payment?

The order must state who is responsible for paying the fees Signup and view all the answers

When a court declines to grant all requested relief in a motion, what may it provide?

An order identifying any material fact that is not genuinely in dispute. Signup and view all the answers

What is a required action if the court cannot hold an expedited hearing within the stipulated time frame?

The court should set a hearing date at the earliest available time. Signup and view all the answers

Which of the following describes the nature of communication between the supervisor and the parties involved?

It is not confidential and must be reported Signup and view all the answers

How is a supervisor designated for parenting time supervision?

Based on the parties’ stipulation or court procedure Signup and view all the answers

What must a party do if they cannot provide essential evidence for their opposition?

File a request for Rule 79(d) relief accompanied by a supporting affidavit. Signup and view all the answers

What must be included in the order regarding the frequency of supervisor reports?

The required reports and their frequency Signup and view all the answers

Which of the following is NOT a valid reason for the court to dismiss a supervisor's reports?

The supervisor has not kept notes of each visit Signup and view all the answers

What is the primary purpose of establishing the duration of parenting time or case implementation supervision?

To provide structured oversight for the child's protection Signup and view all the answers

When can a party modify, extend, or vacate the parenting time or case implementation supervision?

By filing the appropriate petition under Rule 91 Signup and view all the answers

What conditions must exist for the court's findings and conclusions to be newly established after a judgment?

If requested within 25 days of the judgment entry Signup and view all the answers

Which of the following best describes the evidentiary support contesting process?

A party may contest findings regardless of prior objections Signup and view all the answers

What type of parenting time supervision is included in the court order?

Various types including exchange and therapeutic supervision Signup and view all the answers

Which action may the court take without holding an evidentiary hearing on contested issues?

Enter temporary orders based on parties' discussions Signup and view all the answers

What document must be filed 20 days before a trial?

Notice of Issues Signup and view all the answers

What must a supervisor do regarding their observations during parenting time?

Report all observations to the court Signup and view all the answers

What must be included in the scheduling statement if filed for a scheduling conference?

The anticipated length of trial Signup and view all the answers

If a party initiates the action for a joint statement, what timeline must they follow?

Prepare a draft joint statement 15 days before trial Signup and view all the answers

Which of the following actions does the court NOT have the authority to take during the RMC?

Admit new evidence without prior documentation Signup and view all the answers

What is a requirement regarding the filing of the pretrial statement?

It must be signed by each party or counsel Signup and view all the answers

In what situation must parties file separate statements?

If both parties have a history of domestic violence Signup and view all the answers

What is the purpose of the 'Notice of Issues'?

To list all contested issues for the upcoming trial Signup and view all the answers

What requirement is imposed on parties regarding discovery and disclosure prior to trial?

Each party must provide a status of pretrial discovery Signup and view all the answers

Which of the following is NOT one of the powers of the court at the RMC?

Directly settle the case without parties' consent Signup and view all the answers

When may the court impose time limits during trial proceedings?

Whenever the court deems it appropriate Signup and view all the answers

What must happen if issues arise concerning the parties' scheduling statements?

Parties are required to meet and confer to resolve disputes Signup and view all the answers

What type of orders can the court issue after the RMC?

Any orders deemed necessary for case management Signup and view all the answers

What is the maximum time allowed to file a motion under section (b) after the entry of judgment?

6 months Signup and view all the answers

Which of the following is NOT a circumstance under which the court may grant relief from a judgment?

Set aside a judgment for a minor clerical error Signup and view all the answers

What effect does a timely filed motion have on the time to file an appeal of the judgment?

It affects the time as provided in ARCAP 9(e)(1)(E) Signup and view all the answers

Under what condition can a judgment against the State of Arizona automatically stay upon appeal?

If it is a monetary judgment Signup and view all the answers

Which statement about the stay of proceedings to enforce a judgment when an appeal is filed is correct?

No automatic stay exists except under specific rules Signup and view all the answers

When can a party request a witness to be recalled in case of a judge's inability to proceed?

If the testimony is material and disputed Signup and view all the answers

What happens to a judgment rendered on a foreign judgment if that foreign judgment is later reversed?

It is automatically set aside Signup and view all the answers

What requirement must be met for a court to grant a stay of a judgment against the State other than a money judgment?

It cannot require a bond, obligation, or other security Signup and view all the answers

Which statement regarding harmless errors is TRUE?

Errors not affecting substantial rights can be disregarded Signup and view all the answers

What can happen if a party fails to perform a specific act required by a judgment?

The court may order the act to be performed at the party's expense Signup and view all the answers

What is required for a judgment in rem to become self-executing after a claimant has filed a timely claim?

It is not self-executing for 25 days after entry Signup and view all the answers

What must occur for an option to stay the execution of a judgment pending the disposition of a motion?

Appropriate terms for the opposing party's security must be set Signup and view all the answers

If a judgment against the State is not a money judgment, what happens upon filing an appeal?

It is not automatically stayed Signup and view all the answers

Which of these judgments can the court not stay pending appeal?

Judgment directing sale of perishable property Signup and view all the answers

What must an applicant include as a minimum requirement when filing a petition to modify or enforce a judgment?

A copy of the judgment being modified or enforced Signup and view all the answers

Which of the following statements about verification requirements for the petition to modify a judgment is true?

Only the State is exempt from verification in Title IV-D matters. Signup and view all the answers

Under Arizona Rules, which of the following parties is responsible for filing a petition to request modification or enforcement of a judgment?

Applicant Signup and view all the answers

Which provision must be included in a petition that requests a contempt remedy according to Arizona Rules?

Compliance with Rule 92 Signup and view all the answers

What is NOT a requirement for an applicant when filing a petition for modification or enforcement of a judgment?

Signature of all parties Signup and view all the answers

Which section of the Arizona family law procedure states that no party may be required to submit to mediation before filing a petition for modification of legal decision-making?

Section (d) Signup and view all the answers

What must an applicant do if the judgment they seek to modify is available in the official court file?

Incorporate the judgment by reference Signup and view all the answers

Which rule must be complied with when requesting a temporary order in a post-judgment proceeding?

Rule 47 Signup and view all the answers

What must be included in a petition to enforce spousal maintenance or child support?

A summary calculation of arrears from support payment records Signup and view all the answers

Within how many days must an applicant disclose documentation supporting a claim for medical, dental, or vision cost reimbursement after filing a petition?

30 days Signup and view all the answers

What is required for a petition seeking a warrant to take physical custody of a child?

Detailed facts supporting a violation of the custody order Signup and view all the answers

Which of the following must accompany a petition for modification of parenting time?

Verification by the applicant or affidavits as required Signup and view all the answers

In the event of a harassment injunction affecting parenting rights, what action can be taken by the superior court?

Modify the orders as deemed appropriate Signup and view all the answers

Which document is essential for a party seeking post-judgment relief not specifically addressed in previous rules?

A petition stating detailed facts supporting the requested relief Signup and view all the answers

What must an applicant include if they are seeking reimbursement for medical costs in their petition?

A statement of all sums due for the medical expenses Signup and view all the answers

What condition is specified for a petition to relocate a minor child?

It must comply with A.R.S.§ 25-408 and Rule 91.3 Signup and view all the answers

What is one requirement for a petition filed under Rule 91.3 regarding modification of parenting time?

It must contain detailed facts supporting the modification Signup and view all the answers

What must be included in a petition to modify spousal maintenance?

A statement of facts establishing substantial and continuing changes in circumstances Signup and view all the answers

How long does an applicant have to correct deficiencies after a petition rejection?

30 days Signup and view all the answers

What is the maximum time frame in which service must be completed before a hearing?

20 days Signup and view all the answers

What form is required for the Order to Appear in post-judgment proceedings?

Form 14, Rule 97 Signup and view all the answers

What must the parties do if they are represented by counsel before a resolution management conference?

Confer regarding the issues raised by the petition Signup and view all the answers

Under what circumstance may the court dismiss a post-judgment petition?

If the applicant fails to achieve timely service of the petition Signup and view all the answers

In Title IV-D matters, what must the State do when serving both parents?

Serve the petition and a blank Affidavit of Financial Information Signup and view all the answers

What must a responding party do if they choose to respond to a petition?

Provide a copy to the other party or their attorney Signup and view all the answers

What must parties comply with in post-judgment proceedings regarding attorney fees?

File and exchange a completed Affidavit of Financial Information Signup and view all the answers

What must an affidavit of financial information conform to when required?

Must be substantially in the form set forth in Form 2, Rule 97 Signup and view all the answers

What action is permitted at a resolution management conference?

Discussing possible resolutions without limitation Signup and view all the answers

What is the requirement for parties involved in child support modification cases?

Attach the most recent child support worksheet Signup and view all the answers

What is required for any stiplulation that changes terms of legal decision-making or parenting time orders?

Must meet the requirements of Rule 14 Signup and view all the answers

What is the primary focus of civil contempt sanctions under this rule?

Compelling compliance with a court order Signup and view all the answers

Which of the following is TRUE regarding the service of a civil contempt petition?

Personal service is required on the alleged contemnor. Signup and view all the answers

What must the court establish at the hearing for a contempt petition?

That the alleged contemnor was aware of the petition's existence. Signup and view all the answers

What does the written order from the court need to specify after the hearing on the petition for contempt?

Whether the contempt was willful or not. Signup and view all the answers

What is required from the alleged contemnor for the court to not impose sanctions?

Evidence of inability to comply with the order. Signup and view all the answers

In which scenario might the court issue a child support or civil warrant for the contemnor's arrest?

If the alleged contemnor fails to appear at the hearing. Signup and view all the answers

Which of the following distinguishes civil contempt from criminal contempt?

Civil contempt seeks to compel compliance or compensate for losses. Signup and view all the answers

What must the petition for civil contempt include according to the rules?

A summary of the alleged violation of the order. Signup and view all the answers

What must a judicial officer do immediately after executing a civil arrest warrant?

Set the least onerous terms and conditions of release. Signup and view all the answers

In cases involving disputes over child support, what specific statute must be followed after a child support arrest warrant is executed?

A.R.S.§ 25-683 Signup and view all the answers

What may the court order in cases involving allegations of substance abuse?

Random drug testing and screening. Signup and view all the answers

Which of the following is NOT a service the court may utilize to prevent domestic violence?

Immediate protective custody for all parties. Signup and view all the answers

What must the court ascertain regarding the parties before considering behavioral or mental health services?

The financial capability of the parties to pay for these services. Signup and view all the answers

Under which circumstance may a court appoint a real estate special commissioner?

In divorce cases involving property division. Signup and view all the answers

What is the primary requirement for forms utilized in family law cases according to established guidelines?

They should strictly follow recommended formats. Signup and view all the answers

What is a potential outcome if a party does not attend a scheduled trial or hearing?

A default judgment may be entered against them. Signup and view all the answers

In what instances can a court refer parties to services from the Department of Child Safety?

If there are allegations of child abuse or neglect. Signup and view all the answers

What is required in family law cases if recommended forms are not fully applicable?

Parties may delete inapplicable content and still comply. Signup and view all the answers

What must be included in an order finding a contemnor in contempt?

A recital of facts and a statement of sanctions if appropriate Signup and view all the answers

When may a court issue a child support arrest warrant?

Upon motion of a party or on the court's own determination in a child support matter Signup and view all the answers

Which finding must the court include regarding the contemnor's ability to comply with the purge conditions?

The contemnor has the current ability to comply with the purge conditions Signup and view all the answers

What happens if a contemnor fails to comply with the purge conditions within the allowed time?

An affidavit of noncompliance may be filed by the other party Signup and view all the answers

How often must the court conduct review hearings for an incarcerated civil contemnor?

At least every 35 days Signup and view all the answers

What is a requirement for the issuance of a civil arrest warrant?

The person must have failed to appear after receiving actual notice Signup and view all the answers

What must be included in the content of a civil arrest warrant?

The name of the person and a description for identification Signup and view all the answers

What must a civil arrest warrant specify for bond and release?

A reasonable bond amount or non-monetary terms to assure court appearance Signup and view all the answers

What condition allows for a civil arrest warrant to be executed?

Unless ordered otherwise, execution may not occur between 10:00 p.m. and 6:30 a.m. Signup and view all the answers

What occurs after the execution of a civil arrest warrant?

The person must be brought before the issuing judicial officer within 24 hours Signup and view all the answers

Which of the following sanctions is NOT permitted for obtaining compliance from a contemnor?

Travel restrictions Signup and view all the answers

Which factor influences the court's decision about a contemnor's purge conditions?

The contemnor's present ability to meet the purge requirements Signup and view all the answers

What must the order include regarding a contemnor's ability to purge contempt?

A factual basis for the finding of ability to comply Signup and view all the answers

What is one purpose of a civil arrest warrant in a non-criminal matter?

To secure the individual's appearance in court Signup and view all the answers

Study Notes

Rule 76: Resolution Management Conference (RMC)

RMC aims to facilitate agreements between parties in family law cases.
Must occur within 60 days of a request, barring court-approved extensions.
Parties must confer to resolve issues at least 5 days prior to the RMC.
Written resolution statements must be filed by each party outlining proposed resolutions.
The court may establish binding agreements, determine parties' positions, and enter temporary orders during the RMC.
Various procedures can be ordered by the court to manage cases effectively, including amendments to pleadings and scheduling future hearings.
An order from the RMC shapes the case trajectory unless modified later by the court.

Rule 76.1: Scheduling Conference; Statements

Scheduling conference may be initiated by the court or upon party requests.
Parties must file a scheduling statement 20 days before the conference and a pretrial statement 5 days before trial.
Parties can submit joint or separate statements; self-represented parties with a history of domestic violence must file separately.
The scheduling statement must include details like case nature, party information, contested issues, and witness lists.
A separate Notice of Issues must identify all contested issues for trial, while the pretrial statement details positions on those issues.

Rule 76.2: Sanctions for Non-compliance

The court can impose sanctions for failures to obey orders, appear at conferences, or participate meaningfully.
Possible sanctions include establishing certain facts, prohibiting parties from making arguments, striking pleadings, or even dismissing cases.
Fee awards may be mandated to cover reasonable expenses caused by noncompliance, unless justified otherwise.

Rule 77: Trials

Any party can request the court to set a trial date if not already established.
Requests must detail trial readiness and relevant contact information for parties involved.

Rule 78: Judgments, Attorney Fees, Costs, and Expenses

Judgments encompass a range of family law decrees and must be in written form, signed by a judge.
A judgment concerning multiple claims requires explicit determination by the court to avoid delays.
Claims for attorney fees and costs must be included in pleadings and pretrial statements, supported by itemized documentation.
A notice of entry of judgment must be distributed to all parties not in default immediately after judgment.

Rule 78.1: Terminating a Decree of Legal Separation

Parties can stipulate to terminate a legal separation decree, subject to court approval.
Stipulations must acknowledge the desire to restore marital status and be signed by both parties.
Upon termination, the marital community is reformed as if the marriage occurred on the termination date, eliminating the separation decree.### Legal Separation and Related Provisions
Property or debt awarded as separate remains so after legal separation, including property acquired or debts incurred post-decree.
Parties waive any property payments due unless specified otherwise in the termination order.
Parenting orders from the legal separation decree become void upon termination.
Child support or spousal maintenance orders from the legal separation cease except for debts owed to the State under A.R.S. § 46-407.
Claims for unpaid amounts during the support provision period are waived unless otherwise agreed.
Termination orders do not affect creditors relying on the original legal separation decree.

Summary Judgment Procedure

A party may move for summary judgment if no material fact dispute exists and they are entitled to judgment as a matter of law.
Summary judgment motions can be filed after a responsive pleading is due or after other motions are filed.
Opposition to the motion requires filing a response within 30 days, along with statements of disputed facts.
Oral arguments on summary judgment requests are mandated unless the motion is uncontested.
Affidavits must be based on personal knowledge and can only support admissible evidence.

When Essential Facts are Unavailable

A request for relief from the court is available if an opposing party cannot present essential evidence.
The request must detail what evidence is needed and the efforts made to obtain it, and must be titled accordingly.

Findings and Conclusions

Courts must provide findings and conclusions on request before trial, with options for amendments post-judgment.
A judgment on partial findings can be entered if one party has been fully heard on an issue and is found against.

Altering or Amending a Judgment

Grounds for altering or amending a judgment include failure to consider admitted evidence, misconduct, newly discovered evidence, or mistakes of law.
A motion must be filed within 25 days of judgment entry, with opportunities for responses and replies within specified timelines.

Motion for Clarification

A party may seek clarification of a ruling if it is confusing or open to multiple interpretations.
Motions for clarification must be filed within six months of the ruling unless good cause for delay is shown.### Clarification of Support Obligations
Motion for clarification may be filed at any time regarding support obligations or retirement benefits.
Filing a motion for clarification does not extend the appeal notice deadline.
A party cannot generally file a response to a motion for clarification unless ordered by the court.
Nonmoving parties must be given the opportunity to respond before a motion for clarification is granted.

Rule 85: Relief from Judgment

Courts must correct clerical mistakes or oversights on their own or through motion, except during pending appeals without appellate court's leave.
Grounds for relief from a judgment include:
- Mistake, inadvertence, surprise, or excusable neglect.
- Newly discovered evidence that was not timely discoverable.
- Fraud, misrepresentation, or misconduct of the opposing party.
- Judgment is deemed void or has been satisfied/discharged.
- Any reason justifying relief.
A motion for relief must be filed within six months of entering judgment for specific grounds.
Filing a motion does not affect the finality of the judgment or its appealability.

Rule 86: Harmless Error

Errors in admitting or excluding evidence do not alone justify vacating or altering a judgment unless substantial rights are affected.
Courts are required to disregard errors that do not impact any party's substantial rights.

Rule 87: Stay of Proceedings to Enforce a Judgment

Judgments are not automatically stayed even if an appeal is being filed, except as specified in Arizona civil appellate procedures.
Courts may stay judgment enforcement during the disposition of specific motions or when justice requires.
Injunctions in the context of appeals can be modified or granted to preserve rights of the parties.
Money judgments against the State of Arizona are automatically stayed upon filing an appeal; other judgments may require a court's discretion.

Rule 88: Judge's Inability to Proceed

A different judge may continue a trial if familiar with the record, without compromising the parties' rights.
Recall of witnesses by a replacement judge is allowed if requested by a party and material to the case.

Rule 89: Enforcing a Judgment for a Specific Act

Courts can order compliance with judgments requiring specific acts when a party fails to comply, allowing another to perform the act at the disobedient party's expense.
The court may issue a writ of attachment to comply with performance and may hold the non-compliant party in contempt.

Rule 90: Enforcing Relief for or Against a Nonparty

Procedures for enforcing orders granting relief for or against nonparties are the same as for parties.

General Overview

Rule 91 concerns the modification or enforcement of a judgment within family law in Arizona.
Key terms defined include "judgment" and "applicant," clarifying the roles in post-judgment modifications.

Petition Requirements

Applicants must file a petition with the court and pay a filing fee to request modification or enforcement.
Essential elements of the petition:
- Include the judgment's entry date and court details.
- Attach a copy of the judgment or reference it from court files.
- Specify contested provisions and relief sought.

Verification and Mediation

Petitions must be verified according to Rule 14, with specific exceptions for Title IV-D cases.
Mediation is not obligatory prior to filing for modifications related to legal decision-making or parenting time.

Contempt and Temporary Orders

Requests for contempt must comply with Rules 91 and 92.
Temporary orders need to adhere to Rules 47, 47.2, or Rule 48 as applicable.

Financial Information Disclosure

An Affidavit of Financial Information must be submitted using appropriate forms prescribed by local rules.
Both parties in post-judgment proceedings must exchange financial affidavits as directed by the court.

Initial Review and Court Procedure

Courts review filed petitions to either accept or reject based on established legal grounds.
If rejected, the applicant is notified about deficiencies and given a chance to correct them within 30 days.

Responses to Petitions

Responding to a petition is optional unless mandated by law. If chosen, responses must be filed at least three days prior to the scheduled hearing.

Attorney Fees and Financial Exchange

In matters involving attorney fees or other costs, each party must submit their financial affidavit according to court timelines.

Specific Types of Post-Judgment Petitions

Modification of Spousal Maintenance/Child Support: Must demonstrate substantial and continuing changes in circumstances.
Enforcement Petitions: Require a summary calculation of arrears and supporting documentation for claims of unpaid support.
Legal Decision Making/Parenting Time Modifications: Must be detailed and verified, meeting specific legal standards.

Enforcement of Parenting Orders

Petitions for enforcement must present detailed facts showing violations and requested remedies. Warrant requests for custody must comply with specific statutes.
Courts must hold hearings on enforcement petitions within a set timeframe after service.

Harassment Injunctions and Parenting Rights

Parties affected by harassment injunctions impacting parenting rights may seek relief and reconcile conflicting orders with the family court.

Rule 92: Civil Contempt and Sanctions

Governs civil contempt proceedings in family law cases, complementing sanctions under A.R.S. §§ 25-681 et seq.
Civil contempt aims to compel adherence to court orders or compensate for losses due to non-compliance.
Criminal contempt aims to punish or vindicate court authority and is not covered under this rule.

Civil Contempt Procedure

To initiate, a petition citing essential contempt facts must be filed.
Petitions must be served personally to the alleged contemnor, ensuring notice and opportunity for a hearing.
Orders to appear must specify hearing details and warn of possible arrest for failure to attend.

Hearing Requirements

Courts must confirm alleged contemnor's notice of the petition and compliance with prior orders.
Findings must establish that a prior order existed, was communicated, and was not followed.
Defendants can assert non-willfulness regarding their failure to comply.

Remedies and Sanctions

Contempt findings must include facts justifying the ruling and potential sanctions like incarceration or fines.
Court orders should specify purge conditions allowing the contemnor to resolve contempt based on current capacity.

Purge Conditions

Incarceration or fines should only be ordered if conditions for purging contempt are within the contemnor’s ability to meet.
Review hearings for incarcerated contemnors must occur at least every 35 days to assess progress in compliance.

Rule 94: Arrest Warrants

Defines “civil arrest warrant” and “child support arrest warrant” with specific directives for their issuance.
A civil warrant can be issued if an individual fails to appear after receiving notice of the requirement.
Child support warrants follow specific guidelines under A.R.S. § 25-681.

Warrant Execution and Court Duty

Civil and child support warrants are executed upon arrest and must ensure the person appears before the issuing officer within 24 hours.
Courts must set reasonable release terms upon execution of a civil warrant and define conditions for child support warrants per guidelines.

Rule 95: Family Law Services

The court may mandate various services in family law cases, including behavioral health assessments and substance abuse testing based on allegations.
Parent education is required by law, and additional training may be mandated for cases involving parental conflict.

Domestic Violence Services

Courts may utilize family violence prevention services to protect parties and children.
Consultation with the Department of Child Safety is allowed when child abuse or neglect may be suspected.

Rule 97: Family Law Forms

Recommended forms are available for procedural needs and may be modified for specific case requirements.
Failure to complete specific sections implies those provisions do not apply to the filing party's situation.
Access to forms is provided through self-service centers and the Arizona Judicial Branch website.

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Test your knowledge on the Arizona Rules of Family Law Procedure, specifically focusing on Rule 76 regarding Resolution Management Conferences. This quiz will cover the purpose, setting, and duties associated with RMCs to help you better understand this important aspect of family law.

Arizona Rules of Family Law Procedure | Part 2 (Family Law)

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