Podcast
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?
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?
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?
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 which form should the resolution statement be prepared, as required by the rules?
What is the primary purpose of a resolution management conference?
What is the primary purpose of a resolution management conference?
Which of the following is NOT included in the requirements for a statement filed for trial?
Which of the following is NOT included in the requirements for a statement filed for trial?
What must each party provide if spousal maintenance is contested in the trial?
What must each party provide if spousal maintenance is contested in the trial?
In what scenario may a party present a witness or evidence not listed in the pretrial statement?
In what scenario may a party present a witness or evidence not listed in the pretrial statement?
What can occur if a party fails to appear at a scheduled trial or hearing?
What can occur if a party fails to appear at a scheduled trial or hearing?
Which of the following is required in the case of child support being contested?
Which of the following is required in the case of child support being contested?
Which statement regarding the designation of deposition testimony is true?
Which statement regarding the designation of deposition testimony is true?
What consequence can follow if a party fails to obey a scheduling or pretrial order?
What consequence can follow if a party fails to obey a scheduling or pretrial order?
What must be done if there are objections to the proposed witnesses for trial?
What must be done if there are objections to the proposed witnesses for trial?
What happens if the parties have not discussed settlement in good faith?
What happens if the parties have not discussed settlement in good faith?
What details must be included regarding contested issues in the statement filed for trial?
What details must be included regarding contested issues in the statement filed for trial?
When can a court enter sanctions against a disobedient party?
When can a court enter sanctions against a disobedient party?
What must each party submit regarding property and debts in a case involving dissolution?
What must each party submit regarding property and debts in a case involving dissolution?
What happens if a party waives the right to raise an objection during trial?
What happens if a party waives the right to raise an objection during trial?
Which of the following is essential for a motion to set a case for trial?
Which of the following is essential for a motion to set a case for trial?
What must be included in a motion regarding the estimated time for trial?
What must be included in a motion regarding the estimated time for trial?
Which of the following constitutes a judgment according to the defined terms?
Which of the following constitutes a judgment according to the defined terms?
What happens if a judgment is entered without specifying that no further matters remain pending?
What happens if a judgment is entered without specifying that no further matters remain pending?
In what scenario can a claim for attorney fees be considered waived?
In what scenario can a claim for attorney fees be considered waived?
How must objections to a proposed form of judgment be filed?
How must objections to a proposed form of judgment be filed?
What is required for judgment to be entered after the death of a party?
What is required for judgment to be entered after the death of a party?
What document must all judgments be in according to the rules?
What document must all judgments be in according to the rules?
What is the consequence of failing to meet the requirements for attorney fees, costs, and expenses?
What is the consequence of failing to meet the requirements for attorney fees, costs, and expenses?
How can a clerk notify parties of the entry of judgment?
How can a clerk notify parties of the entry of judgment?
When can an appealable judgment be directed for fewer than all claims?
When can an appealable judgment be directed for fewer than all claims?
What form of written notice is acceptable to inform parties of the entry of judgment?
What form of written notice is acceptable to inform parties of the entry of judgment?
What specific detail is necessary to claim a preference for trial?
What specific detail is necessary to claim a preference for trial?
What must a party provide to support a claim for attorney fees?
What must a party provide to support a claim for attorney fees?
What must be included in a judgment when children are involved?
What must be included in a judgment when children are involved?
What must the parties acknowledge when agreeing to terminate a legal separation decree?
What must the parties acknowledge when agreeing to terminate a legal separation decree?
In the context of a motion for summary judgment, when can a claimant file such a motion?
In the context of a motion for summary judgment, when can a claimant file such a motion?
What is required for a stipulated order terminating a legal separation decree to be valid?
What is required for a stipulated order terminating a legal separation decree to be valid?
Which of the following statements is true regarding the offers of judgment in Arizona civil actions?
Which of the following statements is true regarding the offers of judgment in Arizona civil actions?
How must a summary judgment motion be structured according to the specified rules?
How must a summary judgment motion be structured according to the specified rules?
What is the effect of a stipulated order that terminates a legal separation decree?
What is the effect of a stipulated order that terminates a legal separation decree?
Which of the following is a requirement when parties file a stipulation for terminating their legal separation?
Which of the following is a requirement when parties file a stipulation for terminating their legal separation?
What is one condition for a party to contest a motion for summary judgment?
What is one condition for a party to contest a motion for summary judgment?
Under what circumstance may the court grant summary judgment?
Under what circumstance may the court grant summary judgment?
What happens to any property acquired after the entry of the separation decree prior to termination?
What happens to any property acquired after the entry of the separation decree prior to termination?
Which application is not applicable under the civil actions mentioned in this content?
Which application is not applicable under the civil actions mentioned in this content?
When can an opposing party respond to a motion for summary judgment?
When can an opposing party respond to a motion for summary judgment?
What must be included in the stipulation for terminating a legal separation in addition to signatures?
What must be included in the stipulation for terminating a legal separation in addition to signatures?
What is the purpose of a joint statement in summary judgment procedures?
What is the purpose of a joint statement in summary judgment procedures?
What is required for a judgment on partial findings to be valid?
What is required for a judgment on partial findings to be valid?
Under what condition can the court render a decision based on an agreed statement of facts?
Under what condition can the court render a decision based on an agreed statement of facts?
What is a valid ground for altering or amending a judgment?
What is a valid ground for altering or amending a judgment?
What must the court do if it vacates a judgment?
What must the court do if it vacates a judgment?
What is the deadline for filing a motion to alter or amend a judgment?
What is the deadline for filing a motion to alter or amend a judgment?
Under which condition can a party file a motion for clarification without extending the time for appeal?
Under which condition can a party file a motion for clarification without extending the time for appeal?
What must an order granting a motion pursuant to Rule 83 specify?
What must an order granting a motion pursuant to Rule 83 specify?
What grounds can a court use to relieve a party from a judgment?
What grounds can a court use to relieve a party from a judgment?
Which of the following is not a reason for altering or amending a judgment?
Which of the following is not a reason for altering or amending a judgment?
What does a motion for relief from judgment not address?
What does a motion for relief from judgment not address?
Which situation allows the court to correct a clerical mistake in judgment?
Which situation allows the court to correct a clerical mistake in judgment?
What happens if a motion for clarification is filed?
What happens if a motion for clarification is filed?
What must an opposing party do to object to the admissibility of evidence?
What must an opposing party do to object to the admissibility of evidence?
Which of the following is NOT a requirement for an affidavit used in support of a motion?
Which of the following is NOT a requirement for an affidavit used in support of a motion?
What must a request for Rule 79(d) relief include?
What must a request for Rule 79(d) relief include?
What happens if an opposing party does not properly respond to a summary judgment motion?
What happens if an opposing party does not properly respond to a summary judgment motion?
What is required from the party in a section (d) request for relief regarding evidence?
What is required from the party in a section (d) request for relief regarding evidence?
Under what circumstance may a court grant summary judgment independently of motion rules?
Under what circumstance may a court grant summary judgment independently of motion rules?
What does submitting an affidavit in bad faith potentially lead to?
What does submitting an affidavit in bad faith potentially lead to?
What type of hearing must the court hold after a request for Rule 79(d) relief is filed?
What type of hearing must the court hold after a request for Rule 79(d) relief is filed?
What is the role of a parenting time supervisor as defined in the rules?
What is the role of a parenting time supervisor as defined in the rules?
Under what circumstances may a supervisor terminate a court-ordered parenting time session?
Under what circumstances may a supervisor terminate a court-ordered parenting time session?
Which option describes the necessity for a document attached to an affidavit?
Which option describes the necessity for a document attached to an affidavit?
What is required for the court to order parenting time consistent with the child's best interests?
What is required for the court to order parenting time consistent with the child's best interests?
What aspect of the parenting time or case implementation supervision order must specify the allocation of fee payment?
What aspect of the parenting time or case implementation supervision order must specify the allocation of fee payment?
When a court declines to grant all requested relief in a motion, what may it provide?
When a court declines to grant all requested relief in a motion, what may it provide?
What is a required action if the court cannot hold an expedited hearing within the stipulated time frame?
What is a required action if the court cannot hold an expedited hearing within the stipulated time frame?
Which of the following describes the nature of communication between the supervisor and the parties involved?
Which of the following describes the nature of communication between the supervisor and the parties involved?
How is a supervisor designated for parenting time supervision?
How is a supervisor designated for parenting time supervision?
What must a party do if they cannot provide essential evidence for their opposition?
What must a party do if they cannot provide essential evidence for their opposition?
What must be included in the order regarding the frequency of supervisor reports?
What must be included in the order regarding the frequency of supervisor reports?
Which of the following is NOT a valid reason for the court to dismiss a supervisor's reports?
Which of the following is NOT a valid reason for the court to dismiss a supervisor's reports?
What is the primary purpose of establishing the duration of parenting time or case implementation supervision?
What is the primary purpose of establishing the duration of parenting time or case implementation supervision?
When can a party modify, extend, or vacate the parenting time or case implementation supervision?
When can a party modify, extend, or vacate the parenting time or case implementation supervision?
What conditions must exist for the court's findings and conclusions to be newly established after a judgment?
What conditions must exist for the court's findings and conclusions to be newly established after a judgment?
Which of the following best describes the evidentiary support contesting process?
Which of the following best describes the evidentiary support contesting process?
What type of parenting time supervision is included in the court order?
What type of parenting time supervision is included in the court order?
Which action may the court take without holding an evidentiary hearing on contested issues?
Which action may the court take without holding an evidentiary hearing on contested issues?
What document must be filed 20 days before a trial?
What document must be filed 20 days before a trial?
What must a supervisor do regarding their observations during parenting time?
What must a supervisor do regarding their observations during parenting time?
What must be included in the scheduling statement if filed for a scheduling conference?
What must be included in the scheduling statement if filed for a scheduling conference?
If a party initiates the action for a joint statement, what timeline must they follow?
If a party initiates the action for a joint statement, what timeline must they follow?
Which of the following actions does the court NOT have the authority to take during the RMC?
Which of the following actions does the court NOT have the authority to take during the RMC?
What is a requirement regarding the filing of the pretrial statement?
What is a requirement regarding the filing of the pretrial statement?
In what situation must parties file separate statements?
In what situation must parties file separate statements?
What is the purpose of the 'Notice of Issues'?
What is the purpose of the 'Notice of Issues'?
What requirement is imposed on parties regarding discovery and disclosure prior to trial?
What requirement is imposed on parties regarding discovery and disclosure prior to trial?
Which of the following is NOT one of the powers of the court at the RMC?
Which of the following is NOT one of the powers of the court at the RMC?
When may the court impose time limits during trial proceedings?
When may the court impose time limits during trial proceedings?
What must happen if issues arise concerning the parties' scheduling statements?
What must happen if issues arise concerning the parties' scheduling statements?
What type of orders can the court issue after the RMC?
What type of orders can the court issue after the RMC?
What is the maximum time allowed to file a motion under section (b) after the entry of judgment?
What is the maximum time allowed to file a motion under section (b) after the entry of judgment?
Which of the following is NOT a circumstance under which the court may grant relief from a judgment?
Which of the following is NOT a circumstance under which the court may grant relief from a judgment?
What effect does a timely filed motion have on the time to file an appeal of the judgment?
What effect does a timely filed motion have on the time to file an appeal of the judgment?
Under what condition can a judgment against the State of Arizona automatically stay upon appeal?
Under what condition can a judgment against the State of Arizona automatically stay upon appeal?
Which statement about the stay of proceedings to enforce a judgment when an appeal is filed is correct?
Which statement about the stay of proceedings to enforce a judgment when an appeal is filed is correct?
When can a party request a witness to be recalled in case of a judge's inability to proceed?
When can a party request a witness to be recalled in case of a judge's inability to proceed?
What happens to a judgment rendered on a foreign judgment if that foreign judgment is later reversed?
What happens to a judgment rendered on a foreign judgment if that foreign judgment is later reversed?
What requirement must be met for a court to grant a stay of a judgment against the State other than a money judgment?
What requirement must be met for a court to grant a stay of a judgment against the State other than a money judgment?
Which statement regarding harmless errors is TRUE?
Which statement regarding harmless errors is TRUE?
What can happen if a party fails to perform a specific act required by a judgment?
What can happen if a party fails to perform a specific act required by a judgment?
What is required for a judgment in rem to become self-executing after a claimant has filed a timely claim?
What is required for a judgment in rem to become self-executing after a claimant has filed a timely claim?
What must occur for an option to stay the execution of a judgment pending the disposition of a motion?
What must occur for an option to stay the execution of a judgment pending the disposition of a motion?
If a judgment against the State is not a money judgment, what happens upon filing an appeal?
If a judgment against the State is not a money judgment, what happens upon filing an appeal?
Which of these judgments can the court not stay pending appeal?
Which of these judgments can the court not stay pending appeal?
What must an applicant include as a minimum requirement when filing a petition to modify or enforce a judgment?
What must an applicant include as a minimum requirement when filing a petition to modify or enforce a judgment?
Which of the following statements about verification requirements for the petition to modify a judgment is true?
Which of the following statements about verification requirements for the petition to modify a judgment is true?
Under Arizona Rules, which of the following parties is responsible for filing a petition to request modification or enforcement of a judgment?
Under Arizona Rules, which of the following parties is responsible for filing a petition to request modification or enforcement of a judgment?
Which provision must be included in a petition that requests a contempt remedy according to Arizona Rules?
Which provision must be included in a petition that requests a contempt remedy according to Arizona Rules?
What is NOT a requirement for an applicant when filing a petition for modification or enforcement of a judgment?
What is NOT a requirement for an applicant when filing a petition for modification or enforcement of a judgment?
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?
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?
What must an applicant do if the judgment they seek to modify is available in the official court file?
What must an applicant do if the judgment they seek to modify is available in the official court file?
Which rule must be complied with when requesting a temporary order in a post-judgment proceeding?
Which rule must be complied with when requesting a temporary order in a post-judgment proceeding?
What must be included in a petition to enforce spousal maintenance or child support?
What must be included in a petition to enforce spousal maintenance or child support?
Within how many days must an applicant disclose documentation supporting a claim for medical, dental, or vision cost reimbursement after filing a petition?
Within how many days must an applicant disclose documentation supporting a claim for medical, dental, or vision cost reimbursement after filing a petition?
What is required for a petition seeking a warrant to take physical custody of a child?
What is required for a petition seeking a warrant to take physical custody of a child?
Which of the following must accompany a petition for modification of parenting time?
Which of the following must accompany a petition for modification of parenting time?
In the event of a harassment injunction affecting parenting rights, what action can be taken by the superior court?
In the event of a harassment injunction affecting parenting rights, what action can be taken by the superior court?
Which document is essential for a party seeking post-judgment relief not specifically addressed in previous rules?
Which document is essential for a party seeking post-judgment relief not specifically addressed in previous rules?
What must an applicant include if they are seeking reimbursement for medical costs in their petition?
What must an applicant include if they are seeking reimbursement for medical costs in their petition?
What condition is specified for a petition to relocate a minor child?
What condition is specified for a petition to relocate a minor child?
What is one requirement for a petition filed under Rule 91.3 regarding modification of parenting time?
What is one requirement for a petition filed under Rule 91.3 regarding modification of parenting time?
What must be included in a petition to modify spousal maintenance?
What must be included in a petition to modify spousal maintenance?
How long does an applicant have to correct deficiencies after a petition rejection?
How long does an applicant have to correct deficiencies after a petition rejection?
What is the maximum time frame in which service must be completed before a hearing?
What is the maximum time frame in which service must be completed before a hearing?
What form is required for the Order to Appear in post-judgment proceedings?
What form is required for the Order to Appear in post-judgment proceedings?
What must the parties do if they are represented by counsel before a resolution management conference?
What must the parties do if they are represented by counsel before a resolution management conference?
Under what circumstance may the court dismiss a post-judgment petition?
Under what circumstance may the court dismiss a post-judgment petition?
In Title IV-D matters, what must the State do when serving both parents?
In Title IV-D matters, what must the State do when serving both parents?
What must a responding party do if they choose to respond to a petition?
What must a responding party do if they choose to respond to a petition?
What must parties comply with in post-judgment proceedings regarding attorney fees?
What must parties comply with in post-judgment proceedings regarding attorney fees?
What must an affidavit of financial information conform to when required?
What must an affidavit of financial information conform to when required?
What action is permitted at a resolution management conference?
What action is permitted at a resolution management conference?
What is the requirement for parties involved in child support modification cases?
What is the requirement for parties involved in child support modification cases?
What is required for any stiplulation that changes terms of legal decision-making or parenting time orders?
What is required for any stiplulation that changes terms of legal decision-making or parenting time orders?
What is the primary focus of civil contempt sanctions under this rule?
What is the primary focus of civil contempt sanctions under this rule?
Which of the following is TRUE regarding the service of a civil contempt petition?
Which of the following is TRUE regarding the service of a civil contempt petition?
What must the court establish at the hearing for a contempt petition?
What must the court establish at the hearing for a contempt petition?
What does the written order from the court need to specify after the hearing on the petition for contempt?
What does the written order from the court need to specify after the hearing on the petition for contempt?
What is required from the alleged contemnor for the court to not impose sanctions?
What is required from the alleged contemnor for the court to not impose sanctions?
In which scenario might the court issue a child support or civil warrant for the contemnor's arrest?
In which scenario might the court issue a child support or civil warrant for the contemnor's arrest?
Which of the following distinguishes civil contempt from criminal contempt?
Which of the following distinguishes civil contempt from criminal contempt?
What must the petition for civil contempt include according to the rules?
What must the petition for civil contempt include according to the rules?
What must a judicial officer do immediately after executing a civil arrest warrant?
What must a judicial officer do immediately after executing a civil arrest warrant?
In cases involving disputes over child support, what specific statute must be followed after a child support arrest warrant is executed?
In cases involving disputes over child support, what specific statute must be followed after a child support arrest warrant is executed?
What may the court order in cases involving allegations of substance abuse?
What may the court order in cases involving allegations of substance abuse?
Which of the following is NOT a service the court may utilize to prevent domestic violence?
Which of the following is NOT a service the court may utilize to prevent domestic violence?
What must the court ascertain regarding the parties before considering behavioral or mental health services?
What must the court ascertain regarding the parties before considering behavioral or mental health services?
Under which circumstance may a court appoint a real estate special commissioner?
Under which circumstance may a court appoint a real estate special commissioner?
What is the primary requirement for forms utilized in family law cases according to established guidelines?
What is the primary requirement for forms utilized in family law cases according to established guidelines?
What is a potential outcome if a party does not attend a scheduled trial or hearing?
What is a potential outcome if a party does not attend a scheduled trial or hearing?
In what instances can a court refer parties to services from the Department of Child Safety?
In what instances can a court refer parties to services from the Department of Child Safety?
What is required in family law cases if recommended forms are not fully applicable?
What is required in family law cases if recommended forms are not fully applicable?
What must be included in an order finding a contemnor in contempt?
What must be included in an order finding a contemnor in contempt?
When may a court issue a child support arrest warrant?
When may a court issue a child support arrest warrant?
Which finding must the court include regarding the contemnor's ability to comply with the purge conditions?
Which finding must the court include regarding the contemnor's ability to comply with the purge conditions?
What happens if a contemnor fails to comply with the purge conditions within the allowed time?
What happens if a contemnor fails to comply with the purge conditions within the allowed time?
How often must the court conduct review hearings for an incarcerated civil contemnor?
How often must the court conduct review hearings for an incarcerated civil contemnor?
What is a requirement for the issuance of a civil arrest warrant?
What is a requirement for the issuance of a civil arrest warrant?
What must be included in the content of a civil arrest warrant?
What must be included in the content of a civil arrest warrant?
What must a civil arrest warrant specify for bond and release?
What must a civil arrest warrant specify for bond and release?
What condition allows for a civil arrest warrant to be executed?
What condition allows for a civil arrest warrant to be executed?
What occurs after the execution of a civil arrest warrant?
What occurs after the execution of a civil arrest warrant?
Which of the following sanctions is NOT permitted for obtaining compliance from a contemnor?
Which of the following sanctions is NOT permitted for obtaining compliance from a contemnor?
Which factor influences the court's decision about a contemnor's purge conditions?
Which factor influences the court's decision about a contemnor's purge conditions?
What must the order include regarding a contemnor's ability to purge contempt?
What must the order include regarding a contemnor's ability to purge contempt?
What is one purpose of a civil arrest warrant in a non-criminal matter?
What is one purpose of a civil arrest warrant in a non-criminal matter?
Flashcards
Resolution Management Conference (RMC)
Resolution Management Conference (RMC)
A court-ordered conference to facilitate agreements between parties in family law cases.
Scheduling Conference
Scheduling Conference
A conference focused on scheduling timelines and procedures for the case, typically initiated by the court or upon party requests.
Scheduling Statement
Scheduling Statement
Documents filed by parties before a scheduling conference, outlining details like the case's nature, contested issues, and witness lists.
Pretrial Statement
Pretrial Statement
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Notice of Issues
Notice of Issues
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Sanctions for Non-compliance
Sanctions for Non-compliance
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Judgments
Judgments
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Terminating a Decree of Legal Separation
Terminating a Decree of Legal Separation
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Summary Judgment
Summary Judgment
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Relief from Judgment When Essential Facts are Unavailable
Relief from Judgment When Essential Facts are Unavailable
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Findings and Conclusions
Findings and Conclusions
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Modifying or Amending a Judgment
Modifying or Amending a Judgment
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Motion for Clarification
Motion for Clarification
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Clarification of Support Obligations
Clarification of Support Obligations
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Relief from Judgment
Relief from Judgment
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Harmless Error
Harmless Error
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Stay of Proceedings to Enforce a Judgment
Stay of Proceedings to Enforce a Judgment
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Judge's Inability to Proceed
Judge's Inability to Proceed
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Enforcing a Judgment for a Specific Act
Enforcing a Judgment for a Specific Act
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Enforcing Relief for or Against a Nonparty
Enforcing Relief for or Against a Nonparty
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Post-Judgment Modification and Enforcement
Post-Judgment Modification and Enforcement
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Applicant
Applicant
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Petition
Petition
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Mediation
Mediation
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Contempt
Contempt
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Civil Contempt
Civil Contempt
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Civil Arrest Warrant
Civil Arrest Warrant
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Child Support Arrest Warrant
Child Support Arrest Warrant
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Family Law Services
Family Law Services
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Family Law Forms
Family Law Forms
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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.
Other Post-Judgment Relief
- Any non-specific relief requests must detail facts and legal foundation supporting the petition.
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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