Rules of Civil Procedure for the Superior Courts of Arizona Part 2 & Arizona Revised Statutes (Family Law)

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Questions and Answers

What constitutes a 'judgment' as defined in these rules?

An informal decision made by a judge

A legal interpretation by an attorney

Only a final order in a case

Any order from which an appeal lies, including a decree (correct)

What is required for a court to direct entry of a final judgment on only some claims or parties?

The court must express determination that there is no just reason for delay and recite this under Rule 54(b) (correct)

The court must determine that a trial is unnecessary

All parties involved must consent to the judgment

The judgment must be related to a single claim only

Under which condition is a judgment not considered final with respect to all claims and parties?

When the judgment states that further matters remain pending (correct)

When the judgment does not include monetary awards

When the parties involved have settled out of court

When a motion for reconsideration is pending

What must a default judgment comply with according to the rules?

It must not differ in kind from, or exceed in amount, what is demanded in the pleadings Signup and view all the answers

When can judgment be entered after a party's death?

After a verdict or decision is rendered while the party was alive on an issue of fact Signup and view all the answers

What must occur if a party seeks costs and also seeks attorney's fees?

A verified request for taxable costs must be filed on the same day as the motion for attorney's fees Signup and view all the answers

What does a 'decision' encompass according to the rules outlined?

Any order, ruling, or minute entry that adjudicates at least one claim or defense Signup and view all the answers

What happens to a decision that adjudicates fewer than all claims or parties without the necessary determinations?

It does not end the action and may be revised at any time prior to a comprehensive judgment Signup and view all the answers

What is required for a party to move for summary judgment?

The moving party must show no genuine dispute exists regarding any material fact. Signup and view all the answers

When can a claimant file for summary judgment?

Only after a responsive pleading is due from the other party. Signup and view all the answers

What is the maximum page limit for a moving party's statement in Tier 1 and 2 cases?

11 pages Signup and view all the answers

What must an opposing party include in their response to a summary judgment motion?

Specific, admissible evidence only. Signup and view all the answers

What is required if an opposing party believes they cannot present essential evidence for their opposition?

They must file a 'Request for Rule 56(d) Relief and for Expedited Hearing.' Signup and view all the answers

What condition must be met regarding affidavits used in summary judgment motions?

Affidavits must be based on personal knowledge. Signup and view all the answers

What must the court do when a summary judgment motion is granted or denied?

State the reasons on the record. Signup and view all the answers

What is the timeframe for an opposing party to respond to a motion for summary judgment?

30 days Signup and view all the answers

What can a moving party do if new facts are raised by the nonmoving party in their response?

Attach admissible evidence to the reply memorandum. Signup and view all the answers

Which type of statement allows parties to agree on undisputed facts?

Joint Statement Signup and view all the answers

What is prohibited in a moving party's statement of facts?

Including legal arguments Signup and view all the answers

What is the maximum page limit for opposing party's statements in Tier 1 and 2 cases?

17 pages Signup and view all the answers

What is the purpose of submitting objections to evidence in summary judgment motions?

To ensure admissibility of the presented evidence. Signup and view all the answers

Which rule governs objections to the admissibility of evidence on summary judgment motions?

Rule 7.1(f)(3) Signup and view all the answers

What is the maximum time frame to file a verified request for costs after a decision under Rule 54(c) is made?

20 days Signup and view all the answers

If a prevailing party seeks costs and three parties have moved for entry of a judgment under Rule 54(b), when must the request for costs be filed?

Within 20 days after service of the motion or the proposed form of judgment Signup and view all the answers

Under what condition must a motion for attorney's fees be filed if a court declines to enter judgment under Rule 54(b)?

Within 20 days after any decision adjudicating remaining claims or after dismissal Signup and view all the answers

If a party requests both costs and attorney’s fees, how must these be included in the judgment?

They must be resolved before judgment under Rule 54(b) or (c) Signup and view all the answers

What is the response time for a party opposing a request for costs?

Within 5 days Signup and view all the answers

What must the movant's affidavit disclose when filing a motion for attorney's fees?

The terms of any fee agreement for the services for which the claim is made Signup and view all the answers

If a judgment adjudicates fewer than all claims and liabilities of a party, when must the prevailing party file for costs?

Within 20 days after any decision that adjudicates remaining claims or after dismissal Signup and view all the answers

What must be done if the court enters a judgment under Rule 54(b) without a preceding motion for judgment?

The prevailing party must motion to alter or amend the judgment Signup and view all the answers

Which of the following does NOT apply to requests for costs and attorney's fees under Rules 54(f) and (g)?

Claims arising from contractual obligations Signup and view all the answers

What happens if a party does not file a verified request for costs within the specified time frame after a decision is made?

The party loses the right to request costs Signup and view all the answers

What is required for a judgment to include an award of attorney's fees?

The fees must either be stated or left blank for later insertion Signup and view all the answers

What is the implication of a decision that adjudicates all claims and liabilities under Rule 54(c)?

It requires filing for costs within 20 days Signup and view all the answers

What should a party do if they oppose a request for costs?

File a response within 5 days of service Signup and view all the answers

How are judgments that include both costs and attorney's fees formed?

They must be resolved concurrently before judgment entry Signup and view all the answers

What is required to be included in a written application for entry of default?

A current mailing address for the defaulting party Signup and view all the answers

When must the notice of an application for entry of default be mailed?

On the day the application is filed Signup and view all the answers

What occurs if a party pleads within 10 days after an application for entry of default is filed?

The default will not become effective Signup and view all the answers

Under what condition can a default judgment be entered against an incapacitated person?

Only if their parent or guardian has appeared Signup and view all the answers

What must be included in a default judgment if it states a claim for attorney's fees?

An affidavit showing the fees due Signup and view all the answers

What happens if an applicant does not know the whereabouts of the defaulting party?

They can state that the whereabouts are unknown Signup and view all the answers

For a default judgment under Rule 55(b)(1), who must file a motion?

The plaintiff if the claim is for a specific sum Signup and view all the answers

Which of the following is NOT a requirement for the application for entry of default?

Details of all previous judgments against the party Signup and view all the answers

What is the deadline for the party moving for summary judgment to respond to a Rule 56(d) request for relief if they choose to do so?

No later than two days before any scheduled hearing Signup and view all the answers

What is the effective date of a default upon filing an application for default?

10 days after filing Signup and view all the answers

What must happen if a judgment by default is sought against a defendant who has appeared?

They must receive notice at least 3 days before the hearing Signup and view all the answers

Which of the following actions can a court take after holding a hearing on a Rule 56(d)(1) request for relief?

Defer the summary judgment motion and allow time to obtain evidence Signup and view all the answers

What is a necessary element for a judgment by default to conform with the demand?

It must not differ in kind from the original demand Signup and view all the answers

What must an opposing party do to properly oppose a motion for summary judgment?

Provide specific facts showing a genuine issue for trial Signup and view all the answers

What happens if an opposing party fails to respond adequately to a summary judgment motion?

Summary judgment shall be entered against that party if appropriate Signup and view all the answers

Which party is specifically mentioned as potentially seeking a default judgment?

Any party entitled to a judgment by default Signup and view all the answers

What must occur for a court to set aside a final default judgment?

Good cause must be shown Signup and view all the answers

When must the court hold an expedited hearing after a Rule 56(d)(1) request is filed?

Within 7 days Signup and view all the answers

How should the moving party present their material facts in support of the summary judgment motion?

In a separate statement in numbered paragraphs Signup and view all the answers

What is the responsibility of a party who knows the whereabouts of the defaulting party?

Mail a copy of the application to the defaulting party Signup and view all the answers

What must be included when the opposing party files their statement against the moving party's material facts?

Specific admissible parts of the record Signup and view all the answers

Which of the following options is NOT a reason for the court to grant summary judgment for a nonmoving party?

If the moving party is unable to proceed Signup and view all the answers

What is a potential consequence for submitting a Rule 56 affidavit in bad faith?

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

What is the required filing deadline for other parties to move for summary judgment after the action has commenced?

At any time after action is commenced Signup and view all the answers

Which of the following is a requirement for the moving party's separate statement of material facts?

It must be precise and numbered Signup and view all the answers

What is the consequence if a court does not grant all the relief requested in a motion under Rule 56(f)?

The court may establish certain material facts as not genuinely in dispute Signup and view all the answers

Which of the following is true about the timeline for filing a motion for summary judgment?

It must be filed no later than 90 days before the trial date if no other deadline is set Signup and view all the answers

What is required for an affidavit used in support of a motion to be valid?

It must be based on personal knowledge. Signup and view all the answers

Under Rule 56(d)(1), what is necessary for a party to file a request for relief?

A supporting affidavit with specific grounds for the request. Signup and view all the answers

What happens if a party fails to oppose a motion for summary judgment properly?

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

What must a joint statement include when filed under Rule 56?

Undisputed facts established by pleadings or admissions. Signup and view all the answers

What is the consequence if a party submits an affidavit in bad faith?

Sanctions or reimbursement of incurred expenses may occur. Signup and view all the answers

What should a party do if it needs more time to gather evidence essential to its opposition?

File a request for Rule 56(d) relief. Signup and view all the answers

In what instance can the court grant summary judgment independent of the motion?

After providing notice and a reasonable time to respond. Signup and view all the answers

What may the court do when a party requests an expedited hearing under Rule 56(d)(1)?

Set a hearing date at the earliest time available. Signup and view all the answers

What information must be included in the supporting affidavit for a Rule 56(d) request?

Specific evidence beyond the party’s control. Signup and view all the answers

What rules govern objections to the admissibility of evidence on summary judgment motions?

Rule 7.1(f)(3). Signup and view all the answers

When a summary judgment motion is made and supported, what must the opposing party do?

Show specific facts indicating a genuine issue for trial. Signup and view all the answers

What happens to a joint statement in a summary judgment context with regard to page limits?

It does not count against page limits. Signup and view all the answers

Which option describes the nature of a party's statement of facts when responding to a summary judgment motion?

It must be concise and identify legal bases for objections. Signup and view all the answers

What is the primary condition that must be met for the court to grant summary judgment?

The moving party must show no genuine dispute as to any material fact. Signup and view all the answers

When can a claimant move for summary judgment?

Only after the response to their initial pleading is received. Signup and view all the answers

What is the maximum page limit for the moving party's statement in a Tier 1 and 2 case, exclusive of attachments?

11 pages Signup and view all the answers

What is required from an affidavit supporting a motion for summary judgment?

It must be made on personal knowledge. Signup and view all the answers

Which of the following is true regarding the opposing party's statement?

It must identify the disputed paragraphs in the moving party's statement. Signup and view all the answers

What is the maximum time frame for an expedited hearing to be held after a Rule 56(d)(1) request is filed?

7 days Signup and view all the answers

What is the role of a joint statement in summary judgment motions?

It serves as an alternate to a separate statement. Signup and view all the answers

What must an opposing party do if they cannot present evidence essential to justify their opposition?

File a request for Rule 56(d) relief if applicable. Signup and view all the answers

If a court fails to grant all requested relief in a motion, what may the court enter?

An order identifying material facts not genuinely in dispute Signup and view all the answers

Under what condition may the opposing party not rely on mere allegations in responding to a summary judgment motion?

If the motion is accompanied by supporting evidence Signup and view all the answers

What does the court require to set oral arguments in response to a summary judgment motion?

A timely request from any party. Signup and view all the answers

What must be established for a petitioner to prove factual innocence under Rule 57.1?

Clear and convincing evidence Signup and view all the answers

What happens if the moving party raises new facts in their reply memorandum?

They can attach admissible evidence to rebut the new facts. Signup and view all the answers

What action may the court take upon finding that a Rule 56 affidavit is submitted in bad faith?

Order the submitting party to pay the other party's expenses Signup and view all the answers

Which statement accurately describes the objections to evidence on summary judgment motions?

Objections may be stated in the opposing party’s statement of facts. Signup and view all the answers

What is a deciding factor in whether the court allows a request for Rule 56(d) relief?

The specific evidence required and reasons for its absence. Signup and view all the answers

When can the court consider summary judgment on its own?

After identifying material facts that may not be genuinely in dispute Signup and view all the answers

What is the time frame within which an opposing party must file their response after a motion is served?

30 days Signup and view all the answers

What must a petitioner do concerning service of the petition under Rule 57.1?

Serve it in the same manner as summons and pleadings Signup and view all the answers

What should a petition filed under Rule 57.1 specifically identify?

Names and mailing addresses of entitled persons and entities Signup and view all the answers

What should be included in a supporting affidavit for a motion for summary judgment?

Facts admissible in evidence and personal knowledge. Signup and view all the answers

What effect does a request for relief under Rule 56(d)(1) have on the deadline for responding to the motion?

It does not extend the response deadline unless ordered by the court. Signup and view all the answers

Which of the following is NOT a possible action the court may take after a Rule 56(d)(1) request is heard?

Automatically grant summary judgment to the nonmoving party Signup and view all the answers

What must a party opposing a motion for summary judgment provide to properly dispute the motion?

Affidavits or other evidence showing a genuine issue for trial Signup and view all the answers

What must occur if the court's calendar does not allow a hearing within the stipulated time frame?

The hearing should be set at the earliest available time Signup and view all the answers

Under the scope of Rule 57, what may the existence of another adequate remedy NOT preclude?

A declaratory judgment that is otherwise appropriate Signup and view all the answers

What is required of the petitioner under Rule 57 regarding potentially sensitive identifying information?

The information must be redacted or filed under seal if requested Signup and view all the answers

What is the first step a petitioner must take when their personal identifying information has been improperly used?

Prepare a petition to the superior court Signup and view all the answers

Which of the following is required for a petition regarding improper use of personal identifying information to be valid?

The petition must state the specific court location of the underlying action Signup and view all the answers

What must the petitioner demonstrate to establish improper party status?

Clear and convincing evidence Signup and view all the answers

What information may be ordered to be filed under seal or in redacted form?

Sensitive identifying information such as social security numbers Signup and view all the answers

What must occur before a judgment can be entered after the proposed form of judgment is served?

Five days must pass unless waived or shorted for good cause Signup and view all the answers

What is necessary for the entering of a judgment to be effective?

A judge must sign and record it Signup and view all the answers

What does a lack of notice by the clerk regarding entry of judgment affect?

The ability to appeal within the allowed time Signup and view all the answers

Under what circumstances can a party remit a portion of a judgment?

In open court or in writing filed with the court Signup and view all the answers

When is a judgment in habeas corpus proceedings considered final?

When set forth in a minute entry that is filed Signup and view all the answers

What is the effect of a remittitur on execution of a judgment?

It allows execution for only the remaining balance Signup and view all the answers

What must notice of the entry of judgment include?

A written notice or minute entry Signup and view all the answers

Which ground for a new trial involves misconduct occurring during the trial process?

Misconduct of the jury or prevailing party Signup and view all the answers

What is the maximum number of new trials that may be granted to a party in the same action?

Two Signup and view all the answers

What is required for discovery proceedings related to improperly used personal identifying information?

They require agreement by all parties or a court order Signup and view all the answers

Which action must the superior court take if a petition is related to a justice of the peace court?

Request the justice of the peace to transmit a copy of the file Signup and view all the answers

What must a motion for a new trial specify when granted?

The ground or grounds for the court's order Signup and view all the answers

Which of the following grounds for a new trial can be based on evidence that emerged after the trial?

Newly discovered material evidence Signup and view all the answers

What is the consequence of an objection to the proposed form of judgment?

The party can reply within five days after the objection is served Signup and view all the answers

In what timeframe must a motion for a new trial be filed after entry of judgment?

15 days Signup and view all the answers

Under which condition can a court grant a new trial due to excessive or inadequate damages?

If the damages issue is separable from other issues Signup and view all the answers

What action must a party take if adversely affected by a reduction in awarded damages?

Accept the court's designation of damages in writing Signup and view all the answers

Which ground for a new trial specifically addresses the integrity of the verdict itself?

Verdict resulting from passion or prejudice Signup and view all the answers

What must occur for the court to vacate a judgment after a nonjury trial?

A motion for a new trial must be filed Signup and view all the answers

Which of the following does NOT constitute a valid ground for a new trial?

Failure to appear at the trial Signup and view all the answers

What is required to stay execution of judgment after a new trial due to service by publication?

Posting a bond in double the judgment amount Signup and view all the answers

What is the purpose of the conditional grant of a new trial based on damages?

To avoid retrials on all issues Signup and view all the answers

In what circumstance can a court act on its initiative to order a new trial?

For any reason within 15 days of judgment Signup and view all the answers

What must be shown for a defendant to obtain a new trial after a judgment rendered on service by publication?

Good cause Signup and view all the answers

Which of the following is NOT a valid reason for relief from a final judgment, order, or proceeding?

Judgment was made in bad faith Signup and view all the answers

How long does a party have to file a motion for relief based on mistake or newly discovered evidence?

6 months Signup and view all the answers

What is the effect of a motion for relief on the finality of a judgment?

It has no effect on the judgment's finality Signup and view all the answers

Which type of error is considered harmless and does not serve as grounds for a new trial?

Errors in admitting evidence Signup and view all the answers

In which situation might execution on a judgment be stayed pending disposition of a motion?

When a motion for a new trial is pending Signup and view all the answers

Which type of judgment against the State of Arizona is automatically stayed upon filing an appeal?

Monetary judgments Signup and view all the answers

For which of the following reasons can a party seek relief from a judgment under Rule 60?

Mistake Signup and view all the answers

Which of the following is a limitation to obtaining a stay for a judgment concerning perishable property?

The proceeds must be deposited with the clerk pending appeal Signup and view all the answers

Which of the following actions may a court undertake to relieve a party from a judgment?

Entertain an independent action Signup and view all the answers

What must occur if a party seeks to appeal a judgment directing the execution of an instrument?

The instrument must be executed and deposited with the clerk Signup and view all the answers

What characterization is given to an error that does not affect the substantial rights of any party?

Harmless error Signup and view all the answers

Under what condition is a court required to disregard errors in proceedings?

Unless justice requires otherwise Signup and view all the answers

Which type of judgment is the Arizona court required to set aside when a foreign judgment is reversed?

Judgment based on foreign law Signup and view all the answers

What must be true for a party to file for relief under Rule 60(b)(3)?

The fraud or misconduct must have directly affected the party Signup and view all the answers

What are the remedies available for the seizure of a person or property at the commencement of an action?

Attachment Signup and view all the answers

Which condition allows a civil arrest warrant to be issued?

The person disobeys a court order to appear after being warned Signup and view all the answers

What is included in the content of a civil arrest warrant?

Identification of the person to be arrested Signup and view all the answers

Under what circumstances might a court issue a civil arrest warrant without a motion?

If the court finds the person is in contempt of an order Signup and view all the answers

What is the nature of Rule 64.1 regarding civil arrest warrants?

It outlines procedures for exercising inherent judicial power Signup and view all the answers

Which of the following is NOT one of the specific kinds of remedies for securing satisfaction of a potential judgment?

Malpractice claims Signup and view all the answers

In the context of civil arrest warrants, which of the following actions might lead to the issuance of such a warrant?

Failing to comply with a subpoena Signup and view all the answers

What must be indicated on a civil arrest warrant to ensure the person can be identified with reasonable certainty?

A detailed physical description Signup and view all the answers

What is required for every order granting an injunction?

It must state the reasons, terms specifically, and describe acts in detail. Signup and view all the answers

Which of the following individuals is NOT bound by an injunction?

Government officials not involved in the action. Signup and view all the answers

What must a civil arrest warrant specify regarding bond?

It must set forth a bond in a reasonable amount or require detention until a judge appearance. Signup and view all the answers

Where must a motion for an injunction be filed?

In the court where the action is pending or the judgment was rendered. Signup and view all the answers

Within what timeframe must the arrested person be brought before the issuing judge after the warrant is executed?

24 hours. Signup and view all the answers

What should the judge inform the arrested person regarding court proceedings immediately after their appearance?

The judge must advise on the nature of the proceedings and release them on least onerous conditions. Signup and view all the answers

What must accompany an application alleging a violation of an injunction?

A supporting affidavit describing the alleged acts. Signup and view all the answers

What happens if the court finds that a party violated the injunction during the order to show cause hearing?

The court may set a separate hearing to determine sanctions. Signup and view all the answers

What is a condition under which a temporary restraining order may be issued without notice?

Immediate and irreparable harm might occur if notice is given. Signup and view all the answers

What must the court require if appointing a receiver without notice?

A bond filed by the applicant conditioned for costs and damages. Signup and view all the answers

What does a preliminary injunction require from the movant for it to be issued?

Security to cover costs and damages for wrongful injunctions. Signup and view all the answers

Which of the following describes the expiration conditions for a temporary restraining order issued without notice?

It expires after a maximum of 10 days unless extended. Signup and view all the answers

Which of the following may happen if a party fails to appear at an order to show cause hearing?

A civil arrest warrant may be issued against the party. Signup and view all the answers

How long before a hearing must the party charged with contempt be served with the order to show cause?

No later than 10 days before the hearing. Signup and view all the answers

What must the court do if a party does not proceed with the motion for a preliminary injunction after obtaining a temporary restraining order?

Automatically dissolve the order. Signup and view all the answers

What is required if an application for a receiver is not served on the adverse party?

The applicant must provide substantial cause or an affidavit of reasonable efforts to serve. Signup and view all the answers

What is required for the motion to dissolve or modify a preliminary injunction?

Hearing must be held unless unopposed. Signup and view all the answers

What must every temporary restraining order issued without notice specify?

The description of injury and reasons for being issued without notice. Signup and view all the answers

What does the term 'civil contempt' imply in relation to violating an injunction?

It may result in fines or jail if the injunction is violated. Signup and view all the answers

What information must a payee provide regarding their minor children in the Declaration for Application?

The ages and place(s) of residence. Signup and view all the answers

In which situation can a court consolidate a hearing for a preliminary injunction with a trial on the merits?

When the court deems it necessary to expedite the process. Signup and view all the answers

What happens if the court decides to grant an application for appointment of a receiver?

A bond must be filed to protect the adverse party. Signup and view all the answers

Which of the following must be included in a Transferee's Declaration?

Confirmation that no prior unreported transfers are known. Signup and view all the answers

What must a temporary restraining order include if issued without notice?

The date it was issued and reasons for issue. Signup and view all the answers

What is necessary for the court to hold a hearing on an application for a receiver?

The application should be served on the adverse party within 10 days. Signup and view all the answers

What is the purpose of requiring the movant to give security for a preliminary injunction?

To ensure that damages can be compensated if the injunction is wrongful. Signup and view all the answers

What is required if a payee intends to use the proceeds from a transfer to pay off debts?

The interest rates on each debt. Signup and view all the answers

What is the significance of Rule 65 in relation to receiverships?

It dictates that receivership applications must be handled separately from injunctions. Signup and view all the answers

What happens if a temporary restraining order expires and is not extended or consented to by the adverse party?

The order simply becomes ineffective and is dissolved. Signup and view all the answers

What type of orders must the payee disclose in the Declaration if applicable?

Orders in any civil, probate, or criminal actions. Signup and view all the answers

Which of the following details is NOT required in the application regarding previously approved transfers?

The transferee's financial background. Signup and view all the answers

What must be stated regarding any application that has been previously submitted to a court?

The jurisdiction and name of the considering court. Signup and view all the answers

What information does the transferee declare about the legality of the proposed transfer?

That it does not contravene any applicable laws or Orders. Signup and view all the answers

What must the payee provide about any transfers made without court approval?

The names of all transferees and amounts received. Signup and view all the answers

Which section details the procedure for enforcing an order granted for a nonparty?

Rule 71. Signup and view all the answers

What must happen before a receiver can perform their prescribed duties?

The court must approve the receiver's bond and oath. Signup and view all the answers

Under which condition can a court appoint a receiver that is an employee of a party involved in the action?

The property has been abandoned or needs preservation. Signup and view all the answers

What critical reasoning must the payee provide for the proposed transfer of payment rights?

The reasons for the proposed transfer and plans for proceeds. Signup and view all the answers

What must the court do if a party moves to terminate a receivership?

Schedule a hearing no sooner than 10 days after the motion's service. Signup and view all the answers

Which of the following accurately describes the powers of a receiver?

A receiver can commence and defend actions under court supervision. Signup and view all the answers

Which statement is true regarding the acceptance of an offer of judgment?

Acceptance requires written notice served during the offer's effective time period. Signup and view all the answers

What happens if a party does not file objections to the validity of an offer within 10 days?

They lose the right to object to the offer's validity. Signup and view all the answers

What action must the clerk take upon the deposition of money or property with the court?

The clerk must file a statement identifying each item deposited. Signup and view all the answers

What must be true for the court to dismiss an action involving a receiver?

The court must issue an order for dismissal. Signup and view all the answers

Which of the following statements regarding the roles and obligations of a receiver is false?

A receiver's duties are strictly defined and may not extend beyond collecting rents. Signup and view all the answers

In what scenario can a party deposit money or property with the court without needing prior permission?

When it is part of the relief sought being a money judgment. Signup and view all the answers

Which of the following is a requirement for an offer of judgment that includes a money judgment?

It must specify the sum of money to be awarded, including all damages and costs. Signup and view all the answers

Which action indicates that a receiver has been removed from their position?

The court providing reasonable notice to the receiver. Signup and view all the answers

What must be included in the receiver's certificate of appointment?

A description of the property involved in the action. Signup and view all the answers

What principle governs all matters relating to the appointment of receivers and their actions?

Equitable Principles Signup and view all the answers

Under what condition may an offeror enforce any acceptances if fewer than all offerees accept an apportioned offer?

The offer must disclose that the offeror may exercise this option. Signup and view all the answers

What penalty does a party incur for rejecting an offer if they do not obtain a more favorable judgment?

They must pay twenty percent of the difference between the offer and the judgment. Signup and view all the answers

What is the maximum effective period for an offer made within 60 days after the service of the summons?

60 days. Signup and view all the answers

Which of the following situations does NOT allow for the assessment of sanctions under the described rules?

The action seeks solely injunctive relief. Signup and view all the answers

How long does a rejected offer prevent a subsequent offer from being made?

It never prevents later offers. Signup and view all the answers

What is required for the court to assess an alternative sanction under the provided rules?

The sanction must be deemed manifestly unjust. Signup and view all the answers

Which of the following is true regarding offers on damages?

An offer of judgment must be served at least 10 days before a hearing to determine liability. Signup and view all the answers

Which of the following is NOT a valid outcome after a party fails to comply with a judgment requiring specific action?

The court automatically dismisses the case. Signup and view all the answers

What must occur if a judgment requires a party to deliver a deed and they fail?

The court can order someone else to perform the action at the disobedient party's expense. Signup and view all the answers

In what situation may a court allow discovery while execution on a judgment is stayed?

If the discovery protects the judgment creditor's interest during appeals. Signup and view all the answers

What happens if a party must perform a specific act but fails to comply with the court’s order?

The court may hold them in contempt. Signup and view all the answers

How does the court view costs or attorney's fees incurred after an offer is made?

They should not be included in determining if a judgment is more favorable than the offer. Signup and view all the answers

What factors determine if a special writ for personal property will be awarded to a party?

If there is extraordinary emotional value to the property for the party. Signup and view all the answers

If an offer is made within 45 days of trial, how long must it remain effective?

15 days. Signup and view all the answers

What is required for civil actions, except appeals from municipal or justice courts, to be submitted to arbitration?

No party seeks an award exceeding the jurisdictional limit. Signup and view all the answers

Under which circumstance can the court waive the arbitration requirement?

If both parties agree and demonstrate good cause. Signup and view all the answers

What does an Agreement of Reference allow parties to do?

Define the issues for determination in arbitration proceedings. Signup and view all the answers

What must be done if a claim is submitted to arbitration without being filed?

An Agreement of Reference must be signed and filed. Signup and view all the answers

What is the effect of filing an Agreement of Reference on the statute of limitations?

It has the same effect as filing a civil complaint. Signup and view all the answers

Which of the following is NOT included in the definition of 'award' as per rule 72?

Interest. Signup and view all the answers

For what types of claims does the compulsory arbitration rule specifically apply?

Civil actions with monetary relief under jurisdictional limits. Signup and view all the answers

Which provision typically governs actions in arbitration when a local rule is established for jurisdictional limits?

Rules 72 through 77. Signup and view all the answers

Under what condition can a plaintiff file a certificate on compulsory arbitration?

When a complaint is filed with the clerk. Signup and view all the answers

What action must a defendant take if they disagree with the plaintiff's claim regarding arbitrability?

Submit a controverting certificate explaining their disagreement. Signup and view all the answers

What must the stipulation for waiving arbitration specifically identify?

The specific method selected for alternative dispute resolution. Signup and view all the answers

Which of the following is NOT a requirement for signing the certificate and controverting certificate?

The signer must serve both documents on other parties involved. Signup and view all the answers

What happens if the alternative dispute resolution method selected fails?

The action will proceed under case management rules as stated in Rule 16. Signup and view all the answers

What must a party do if they discover their certificate on compulsory arbitration is incorrect?

Seasonably amend the certificate. Signup and view all the answers

What consequence does a party face if they fail to provide a timely list of witnesses and exhibits intended for trial?

Witnesses and exhibits will default to those previously submitted. Signup and view all the answers

Who is responsible for preparing the list of eligible arbitrators?

The clerk or court administrator under judicial supervision. Signup and view all the answers

Under what condition can the court extend the time for conducting discovery?

For good cause shown by the requesting party. Signup and view all the answers

What is the time limit for appointing an arbitrator after an answer is filed?

120 days. Signup and view all the answers

What determines if a deposit on appeal will be refunded to the appellant?

If the judgment is at least 23 percent more favorable than the arbitration award. Signup and view all the answers

What must happen if the judgment on a trial de novo is not at least 23 percent more favorable than the arbitration award?

The deposit must be used to cover specified costs and fees. Signup and view all the answers

What constitutes a conflicting certificate in the arbitration process?

Certificates that state different arbitrability positions. Signup and view all the answers

What happens when a change of arbitrator is requested?

Each side is entitled to one change of arbitrator as of right. Signup and view all the answers

Which of the following costs can be deducted from a deposit on appeal if the judgment is unfavorable?

Costs and fees requested by the trial judge for necessary services. Signup and view all the answers

What is the consequence of failing to show good faith in asserting arbitrability?

The court may impose sanctions on the party or their counsel. Signup and view all the answers

What can a party do if they wish to revise a previously filed certificate?

Seasonably amend the prior certificate. Signup and view all the answers

Which of the following is a requirement for the parties to jointly agree on an arbitrator?

The arbitrator's consent must be documented in writing. Signup and view all the answers

What must occur if a party enters an appearance after the arbitrator is appointed?

The party waives the right to change the arbitrator unless done within 10 days. Signup and view all the answers

Which of the following is NOT a valid reason for disqualifying an arbitrator?

Personal animosity towards one party. Signup and view all the answers

How much notice must the arbitrator provide for an arbitration hearing?

At least 30 days' written notice. Signup and view all the answers

What action tolls the time to exercise a change of arbitrator?

Filing a motion for recusal or motion to strike for cause. Signup and view all the answers

What is the maximum timeframe an arbitrator has to set an arbitration hearing after being appointed?

60 to 120 days. Signup and view all the answers

What requirement must be met for a motion for summary judgment in terms of timing?

It must be filed at least 20 days before the hearing. Signup and view all the answers

What is one of the arbitrator's powers regarding evidence?

To determine the admissibility of evidence. Signup and view all the answers

What happens if a party believes the arbitrator's discovery ruling requires the disclosure of privileged information?

The party can appeal the ruling to the assigned judge. Signup and view all the answers

What must a party do if they want to appeal a discovery ruling by the arbitrator?

File a motion with the judge assigned to the action. Signup and view all the answers

Which entity has the power to excuse an arbitrator from serving in a particular action?

The presiding superior court judge or their designee. Signup and view all the answers

What is the purpose of limiting discovery in arbitration according to the described principles?

To enhance the efficiency and cost-effectiveness of handling small claims. Signup and view all the answers

What constitutes a requirement when a court disqualifies an arbitrator?

A new arbitrator is appointed consistent with the rules. Signup and view all the answers

What must be included in the written motion to disqualify an arbitrator?

Evidence of an ethical conflict of interest. Signup and view all the answers

What must happen if the parties settle an action assigned to arbitration?

They must file an appropriate stipulation for entry of final judgment. Signup and view all the answers

What must be included in a joint prehearing statement according to the outlined rules?

The estimated time required for the arbitration hearing Signup and view all the answers

What is the implication if a party fails to appear or participate in good faith at a hearing?

They waive their right to appeal the decision made at the hearing. Signup and view all the answers

Which of the following is NOT admissible in evidence during arbitration proceedings?

Certificates or controverting certificates Signup and view all the answers

What must a party do if they wish to present evidence not included in the prehearing statement?

Show good cause for its inclusion. Signup and view all the answers

In what timeframe must an arbitrator make a decision after the hearing is completed?

10 days Signup and view all the answers

What must be included in a proposed form of award according to the specified rules?

Blanks for requested amounts for attorney's fees and costs Signup and view all the answers

What happens if an arbitrator determines that the appropriate award exceeds the local limit for compulsory arbitration?

The arbitrator will render an award for the full amount. Signup and view all the answers

Which of the following types of evidence will the arbitrator admit without requiring further proof?

Hospital bills on official letterhead Signup and view all the answers

What is required within 15 days after a notice of decision is filed regarding the submission of costs and attorney's fees?

A verified request for taxable costs must be filed. Signup and view all the answers

What occurs if default has been entered against some, but not all, defendants before the arbitration hearing?

Proceedings involving the defaulted defendants are referred to a judge. Signup and view all the answers

Which requirement applies to an expert's sworn written statement used in arbitration?

The statement must include the expert's qualifications and opinions. Signup and view all the answers

What must happen if a party wants to request the services of a certified reporter for the arbitration hearing?

The requesting party must pay for the reporter's services. Signup and view all the answers

What is the consequence of not including a document in the prehearing statement if it is challenged as not being what it appears?

The document will be excluded from evidence. Signup and view all the answers

What must be notified to the parties after the hearing is completed?

Their exhibits are available for retrieval. Signup and view all the answers

What is the consequence if no appeal is filed by the deadline for filing an appeal under Rule 77(b)?

The action will be automatically dismissed without prejudice. Signup and view all the answers

How long does a prevailing party have to file a motion to alter or amend an award to include costs and/or fees?

90 days after the notice of decision is filed. Signup and view all the answers

What must an appellant deposit with the clerk when filing a notice of appeal?

A sum equal to the arbitrator's daily compensation. Signup and view all the answers

What occurs if the arbitrator does not file an award or amended award within the specified timeframes?

It must be referred to the assigned judge for further action. Signup and view all the answers

When does the time to file a notice of appeal begin if a timely motion to alter or amend an award is filed?

From the date of the written decision on the motion. Signup and view all the answers

What is the maximum time after which the court must dismiss an action without prejudice if no motion to enter judgment is filed?

125 days after the notice of decision. Signup and view all the answers

What is required for parties to waive their right to appeal an award before it is entered by the arbitrator?

A written agreement signed by all parties. Signup and view all the answers

What happens if a party does not comply with the 20-day deadline to serve a list of witnesses and exhibits intended for trial?

The party may be denied the opportunity to present evidence. Signup and view all the answers

What does 'hearing' mean for the purpose of an arbitrator's compensation?

Any fact-finding proceeding resulting in the filing of an award. Signup and view all the answers

What must be filed simultaneously with the notice of appeal regarding witnesses and exhibits?

A list of witnesses and exhibits intended to be used at trial. Signup and view all the answers

How is an arbitrator's fee determined for services under these rules?

As determined by a majority vote of the judges in the county. Signup and view all the answers

Which of the following statements about the operating procedures after a decision is filed is true?

Parties can only file a response to motions with the arbitrator's approval. Signup and view all the answers

What is not a consequence of not filing a motion for entry of judgment within the specified time?

The court may automatically impose penalties. Signup and view all the answers

What principle governs the distribution of minute entries by the clerk to parties involved in a case?

Minute entries can be distributed by electronic mail, U.S. mail, or attorney drop box to all parties. Signup and view all the answers

Under what circumstances do new rules or amendments apply to pending actions?

They govern pending actions unless the Supreme Court indicates otherwise or it would cause injustice. Signup and view all the answers

Which statement accurately reflects the impact of Rule 82 on court jurisdiction and venue?

Rule 82 does not affect the jurisdiction or venue of actions in superior courts. Signup and view all the answers

What aspect is addressed by Rule 84 regarding court documentation?

It states that forms in the Appendix illustrate the intended simplicity and brevity of the rules. Signup and view all the answers

What criteria must be met for electronic distribution of court documents to be considered complete?

The document should be transmitted to the provided email address of the party or attorney. Signup and view all the answers

What must occur for a written agreement between parties to be binding if it is disputed?

It must be documented in writing or approved in open court. Signup and view all the answers

Which conditions allow the use of unsworn declarations as if they were sworn under penalty of perjury?

They must be signed, dated, and confirm truth under penalty of perjury. Signup and view all the answers

If a court record is lost or destroyed, which action must a party take to correct this?

Submit a motion to provide an accurate copy of the record. Signup and view all the answers

Which of the following statements about an attorney or court officer acting as surety is true?

No attorney or court officer involved in a proceeding can serve as a surety in that proceeding. Signup and view all the answers

What must accompany a motion to substitute a lost or destroyed court record?

An accurate copy of the record and proof it is accurate. Signup and view all the answers

When can a mediated agreement be disclosed to gain court approval?

If the disclosure is necessary to enforce the agreement. Signup and view all the answers

What must the court do if it finds a submitted copy of a lost or destroyed record may not be accurate?

Order the parties to reconstruct an accurate copy based on further evidence. Signup and view all the answers

What does the statement 'I declare under penalty of perjury that the foregoing is true and correct' signify?

It implies that the declarant may be penalized if the statement is false. Signup and view all the answers

What happens to the applicability of new rules or amendments in ongoing actions after their effective date?

They automatically apply unless specified otherwise. Signup and view all the answers

Under which circumstance can a court revert to a former rule or procedure during a pending action?

If the application would work an injustice. Signup and view all the answers

How is the electronic distribution of court documents considered complete?

When transmitted to the provided email address. Signup and view all the answers

Which of the following accurately describes the role of the clerk in distributing minute entries?

The clerk may choose any method of distribution, including electronic means. Signup and view all the answers

What must be considered regarding juvenile emancipation proceedings according to the rules?

They have specific rules located elsewhere. Signup and view all the answers

What must occur for an oral agreement made in court to be binding?

It must be entered in the minutes. Signup and view all the answers

Which statement correctly describes the use of unsworn declarations under penalty of perjury?

They can be treated the same as sworn statements if signed and dated. Signup and view all the answers

What is required from a party when filing a motion to substitute a lost or destroyed court record?

The motion must be accompanied by an accurate copy of the lost record. Signup and view all the answers

What consequence follows if the court finds the substitute record may not be accurate?

Further evidence may be taken to assess accuracy. Signup and view all the answers

Under what condition can an attorney or court officer serve as a surety in an action?

It is prohibited in any judicial proceeding. Signup and view all the answers

What is a requirement for a mediated agreement to be enforceable?

The parties must agree to disclose terms for court approval. Signup and view all the answers

Which of the following is NOT a requirement for the validity of an unsworn declaration under penalty of perjury?

It must contain a notary acknowledgment. Signup and view all the answers

What must a party do if they wish to substitute a lost record with a new copy?

Identify the lost record and offer proof of the new copy's accuracy. Signup and view all the answers

What effect does an order terminating the parent-child relationship have on legal rights and obligations?

It terminates all legal rights except for inheritance and support. Signup and view all the answers

Who is allowed to file a verified petition for an order of protection on behalf of a minor?

The minor's parent, legal guardian, or legal custodian. Signup and view all the answers

Under what condition can a person under twelve years of age be subject to an order of protection?

If the order is granted by the juvenile division of the superior court. Signup and view all the answers

What must a petition for an order of protection include according to the outlined procedure?

The name and address of the defendant if known. Signup and view all the answers

What is a critical aspect regarding the plaintiff's contact information when filing a petition for an order of protection?

It must be kept confidential and not listed on the petition. Signup and view all the answers

What happens if a third party requests an order of protection on behalf of a plaintiff?

The judicial officer must determine the appropriateness of the requesting party. Signup and view all the answers

What specific rights does a terminated parent-child relationship not affect?

The child's right to inherit from the parent. Signup and view all the answers

Which of the following is a condition that would prevent the granting of an order of protection?

The petition is not written and verified. Signup and view all the answers

Who is responsible for serving an order of protection issued by a municipal court if the defendant is located in the town of issue?

The law enforcement agency of that town Signup and view all the answers

What determines the jurisdiction to enforce a valid order of protection in Arizona?

Any court in Arizona regardless of the issuing court's location Signup and view all the answers

What happens if an order of protection is not served on the defendant within one year after it is issued?

It expires Signup and view all the answers

What is the maximum time allowed for a hearing to be held after a party requests it under an order of protection?

Within 10 days from the request unless good cause is shown Signup and view all the answers

What is the intended purpose of the supplemental information form used by the court or law enforcement agency?

To assist in the service of process and protect confidentiality Signup and view all the answers

What is required for an order of protection to be effective against the defendant?

A copy of the order must be served to the defendant Signup and view all the answers

What must occur if a party wishes to hold an additional hearing after an initial order of protection has been awarded?

There must be a change in circumstances related to the primary residence Signup and view all the answers

How quickly must affidavits, declarations, and returns of service be filed with the court?

As soon as practicable but not later than seventy-two hours Signup and view all the answers

What statement is included in the order of protection regarding disobedience of the order?

Disobeying the order may result in arrest and prosecution for interfering with judicial proceedings Signup and view all the answers

In the context of order of protection services, who can serve the order besides law enforcement?

A peace officer or correctional officer in official capacity Signup and view all the answers

What information must be included in the petition regarding the relationship between the parties?

Pending actions such as those for maternity or paternity. Signup and view all the answers

What happens if an order of protection is modified?

It becomes effective immediately upon modification Signup and view all the answers

What constitutes reasonable cause for issuing an order of protection?

A credible threat to the physical safety of the plaintiff. Signup and view all the answers

What is the time limit for entering an order of protection into the supreme court's central repository after service has been filed?

Within 24 hours, excluding weekends and holidays Signup and view all the answers

What role does the national crime information center play in the context of orders of protection?

It registers orders for future reference Signup and view all the answers

Under what circumstance can the court deny requested relief and schedule a further hearing?

If there is insufficient evidence at the initial review. Signup and view all the answers

What must a peace officer have to arrest an individual under a violation of an order of protection?

Probable cause to believe there was a violation Signup and view all the answers

What must happen if a party granted exclusive possession of a residence moves out?

They must file a written notice with the court within five days. Signup and view all the answers

Which of the following actions can the court NOT take regarding an order of protection?

Order a mutual order of protection. Signup and view all the answers

What is required if the court issues an order that prohibits the defendant from possessing a firearm?

The defendant must transfer the firearms to law enforcement within 24 hours. Signup and view all the answers

In what circumstance can the court issue orders concerning the custody of pets?

When there is a showing that physical harm may result. Signup and view all the answers

What is the time frame for the agency serving the order to notify the plaintiff if service cannot be completed?

Within 15 days after the order is received. Signup and view all the answers

What happens if the court finds the defendant has committed domestic violence within a specific timeframe?

An order of protection may be issued. Signup and view all the answers

What must the court provide upon granting an order of protection?

The order must be sent to law enforcement for service. Signup and view all the answers

Which of the following must NOT be a consideration by the court when issuing an order of protection?

The financial stability of both parties. Signup and view all the answers

What does a court NOT have the authority to do concerning mutual orders of protection?

Issue orders for an exclusively shared residence. Signup and view all the answers

In determining the period for issuing relief, what time is NOT counted against the defendant?

Time spent incarcerated. Signup and view all the answers

What is NOT a possible form of relief that the court may grant under an order of protection?

Changing the name of the plaintiff. Signup and view all the answers

What must a municipal court or justice court do upon discovering a pending action for maternity or paternity after issuing an order of protection?

Stop further proceedings and forward all papers to the superior court. Signup and view all the answers

Which statement is true about orders of protection issued by lower courts?

They can still be effective even if issued during a pending action. Signup and view all the answers

Who is responsible for notifying the victim upon the release of an arrested person under an order of protection?

The agency with custody of the defendant. Signup and view all the answers

What does a valid protection order include?

Any injunction aimed at preventing violent acts or harassment. Signup and view all the answers

Under what circumstance is a mutual protection order not entitled to full faith and credit?

If the order was issued without the requisite findings supporting both parties. Signup and view all the answers

When can a municipal court or justice court hold a hearing regarding its ex parte order of protection?

Before any notice of a pending superior court action is received. Signup and view all the answers

What must occur for an order of protection issued by a court in another jurisdiction to be considered valid?

The order must meet specific requirements equivalent to local laws. Signup and view all the answers

What option is available to a party after a hearing regarding an order of protection?

They may enter a request for costs, including attorney fees. Signup and view all the answers

What does the term 'pending' refer to in the context of legal actions for annulment or paternity?

An action that has been initiated but not finalized. Signup and view all the answers

To whom does the exclusive jurisdiction for issuing orders of protection belong?

The superior court if a relevant action is pending. Signup and view all the answers

What should happen if a peace officer makes an arrest under an order of protection?

They are not civilly or criminally liable if they acted on probable cause and without malice. Signup and view all the answers

What defines a protection order in relation to a criminal court?

It includes orders preventing violence and harassment. Signup and view all the answers

What must be true for an order of protection to be enforced across states?

The order must still be effective in the issuing jurisdiction. Signup and view all the answers

What conditions must be proven for a premarital agreement to be deemed unenforceable?

The agreement was executed involuntarily. Signup and view all the answers

Which of these statements about the management of separate property in marriage is correct?

Each spouse retains sole management of their separate property. Signup and view all the answers

What happens to a premarital agreement if a marriage is determined to be void?

It remains enforceable to avoid inequitable results. Signup and view all the answers

Under what condition can spousal support modifications in a premarital agreement be overridden by a court?

If it makes one party eligible for public assistance at separation. Signup and view all the answers

Which of the following is NOT a permissible focus of a premarital agreement?

Child support obligations. Signup and view all the answers

What is a requirement for a premarital agreement to be amended after marriage?

It must be in writing and signed by both parties. Signup and view all the answers

How can a peace officer's reliance on a protection order be described?

It must be based on the victim's statement. Signup and view all the answers

What does the term 'community property' refer to?

Property acquired jointly during marriage. Signup and view all the answers

Which of these types of property is considered separate property?

Property acquired after marriage as a gift. Signup and view all the answers

What is required for property acquired after service of a petition for dissolution of marriage to be classified as separate property?

The petition must result in a decree of dissolution. Signup and view all the answers

Which aspect of a premarital agreement can be modified regarding the management of financial obligations?

Disclosure of financial obligations. Signup and view all the answers

What obligation is imposed on a party who receives an automated notification in a victim notification system?

There are no obligations. Signup and view all the answers

What must a party provide to ensure a premarital agreement is enforceable against them?

Voluntary execution of the agreement. Signup and view all the answers

What happens to community property after a petition for dissolution is filed?

The status of the property remains unchanged. Signup and view all the answers

When is an agreement to eliminate spousal support considered unconscionable?

When support is eliminated and alters public assistance eligibility. Signup and view all the answers

What is generally required for either spouse to independently bind the community regarding the acquisition of a property?

Joinder of both spouses Signup and view all the answers

Which of the following debts is the community property liable for?

Practical debts incurred outside the state during marriage Signup and view all the answers

In which condition can a spouse's separate property become liable for the other spouse's debts?

If it is agreed upon by both spouses Signup and view all the answers

What must the court find for it to enter a decree of legal separation?

That the marriage is irretrievably broken Signup and view all the answers

What are the effects when a stipulated order terminating legal separation is entered?

It restores the marital community as if never separated Signup and view all the answers

How is a decree of legal separation utilized if one party objects?

The action must be amended to seek dissolution Signup and view all the answers

Which aspect of community property management is NOT correct?

Community property management rights are unequal Signup and view all the answers

Regarding debts incurred during marriage, what requirement exists for community property to be liable?

They must be incurred within the state Signup and view all the answers

What occurs to any parenting orders entered during legal separation once the decree is terminated?

They are no longer applicable Signup and view all the answers

Which of the following is true regarding community property in relation to pre-marital debts?

Community property is liable only to the extent of the contributing spouse's interests Signup and view all the answers

If a spouse incurs a debt not beneficial to the community, what is the likely action regarding liability?

Only the spouse who incurred the debt will be liable Signup and view all the answers

Which statement about community property management is incorrect?

Only one spouse can manage community property individually Signup and view all the answers

When may community property be exempt from liability for separate debts?

When separate properties were acquired before the marriage Signup and view all the answers

What happens when a legal separation is not converted into a dissolution of marriage?

The parties can agree to terminate the separation Signup and view all the answers

What must occur when a petition for dissolution, legal separation, or annulment is filed?

Copies of the preliminary injunction must be issued. Signup and view all the answers

What effect does a preliminary injunction have after it is issued?

It has the same force as an order of the superior court. Signup and view all the answers

What must be included in a verified petition for dissolution of marriage or legal separation?

The birth date, occupation, and address of each party Signup and view all the answers

In a case of annulment or legal separation, what must accompany the motion for equal possession of marital liquid assets?

An affidavit setting forth the factual basis Signup and view all the answers

Under what circumstance can either party withdraw from the summary consent decree agreement?

Within sixty days after the filing of the combined petition and response Signup and view all the answers

What happens if a person disobeys a preliminary injunction?

They may face arrest and prosecution. Signup and view all the answers

What is a primary requirement when filing a summary consent decree?

All issues related to the marriage must be resolved by agreement Signup and view all the answers

Which statement about a separation agreement is correct?

It can include unmodifiable maintenance terms. Signup and view all the answers

Under what condition can the court find a separation agreement unfair?

Based on the economic circumstances of the parties. Signup and view all the answers

What type of marriage requires specific grounds to be alleged in the petition for dissolution?

Covenant marriage Signup and view all the answers

What does the preliminary injunction prohibit during a marriage dissolution proceeding?

Transferring community property without consent Signup and view all the answers

What must a peace officer have to make an arrest for interference with judicial proceedings?

Probable cause to believe an offense has occurred. Signup and view all the answers

Which of the following is true regarding the registration of an injunction with the sheriff?

Any changes or modifications must also be registered. Signup and view all the answers

Which statement correctly describes the duration of the preliminary injunction?

It lasts until a final decree is entered in the case. Signup and view all the answers

Who may serve a copy of the preliminary injunction to the respondent?

The petitioner themselves or their representative Signup and view all the answers

What must the petition include about the parties' children in a dissolution case?

Names, birth dates, addresses of all living children Signup and view all the answers

What are the parties required to submit to the court in a summary consent decree proceeding?

Final settlement documents including written agreements Signup and view all the answers

What does the court's division of liquid assets not affect?

Applicable laws or account agreement provisions Signup and view all the answers

What type of offenses can lead to potential arrest under the judicial interference laws?

Any offense, regardless of severity Signup and view all the answers

What constitutes the only defense to a petition for dissolution of marriage?

The marriage is not irretrievably broken Signup and view all the answers

What must be disclosed if a victim of domestic violence is involved in the proceedings?

A means of communication, like a post office box Signup and view all the answers

When are terms of a separation agreement binding on the court?

Unless the court finds them unfair Signup and view all the answers

What is a necessary condition for a person arrested under this section?

Pretrial release conditions must ensure the victim's protection. Signup and view all the answers

Which party possesses the responsibility to file evidence with law enforcement regarding a preliminary injunction?

Either party who initiated the action Signup and view all the answers

What must be included in the preliminary injunction's warning statement?

Threatened penalties for failure to comply Signup and view all the answers

What is the fee structure when filing for a summary consent decree?

Fifty percent of the combined filing fee for a petition and answer Signup and view all the answers

In a petition for dissolution of marriage, what must the parties specify about their marriage?

The date of marriage and place it was performed Signup and view all the answers

What must be true for a separation agreement to be recognized in a decree of dissolution?

It must be reasonable concerning support and legal decisions. Signup and view all the answers

Which of the following conditions allows for the modification of the terms in a decree regarding property?

The decree does not specify the property settlement agreement's modification capability. Signup and view all the answers

In property division during dissolution, what must the court consider alongside community property?

The exempt status of certain properties. Signup and view all the answers

What does a separation agreement need to include if its terms are not set forth in the decree?

Identification of the separation agreement by reference. Signup and view all the answers

What prevents the court from modifying the maintenance terms in a separation agreement?

A specific provision stating that the maintenance terms shall not be modified. Signup and view all the answers

How does the court view community property acquired outside the state?

It is considered community property if it would qualify as such if obtained in-state. Signup and view all the answers

What must be included in a decree affecting real property during divorce proceedings?

Detailed legal descriptions of any affected real property. Signup and view all the answers

What must the court inform the spouses about their community debts?

Debts assigned to one spouse affect the other spouse's credit. Signup and view all the answers

What does the court need to ensure regarding obligations when assigning property?

That all community debt obligations related to property are considered. Signup and view all the answers

Which of the following is enforceable as part of a legal decree regarding separation agreements?

All terms incorporated by reference in the decree. Signup and view all the answers

What happens to the community property if it is not provisioned in the decree?

It is owned as tenants in common with equal undivided interests. Signup and view all the answers

Under what condition can a lien be imposed on a spouse's separate property?

To secure payment of community debts assigned to that spouse. Signup and view all the answers

What must be recognized by the court when determining the equitable division of property?

All debts related to the property must be accounted for. Signup and view all the answers

What statement must be included in the materials provided to the petitioners and respondents?

A warning that community debts remain the responsibility of both spouses. Signup and view all the answers

What must creditors provide to a requesting spouse within thirty days after a dissolution of marriage or legal separation request?

Information regarding the balance and account status of debts Signup and view all the answers

Under what condition does a court not award community property to a convicted spouse?

If the spouse is sentenced to at least eighty years or life imprisonment Signup and view all the answers

What is a legal requirement for a spouse who receives in vitro human embryos according to the court's disposition?

The spouse awarded the embryos must intend to allow them to develop to birth Signup and view all the answers

Which of the following is NOT considered when determining spousal maintenance?

The number of children involved Signup and view all the answers

What must the non-awarded spouse provide regarding health and genetic history if they provided gametes?

Detailed written nonidentifying information Signup and view all the answers

What is not a reason for a court to grant spousal maintenance?

The recipient is completing an educational program Signup and view all the answers

Which of the following future actions may be affected by the court's decision on in vitro human embryos?

Future parental rights changes for either spouse Signup and view all the answers

What factor is NOT considered by the court when determining whether a spouse lacks sufficient property?

Monthly income of the spouse Signup and view all the answers

Which of the following statements about veterans' federal disability benefits is true?

They are excluded from court’s property disposition considerations Signup and view all the answers

What is the court's responsibility if spouses dispute the disposition of in vitro human embryos?

Resolve in a manner that promotes the best chance for embryos to develop Signup and view all the answers

Which condition disallows a modified ongoing payment to a convicted spouse?

If the spouse is convicted of an offense with a lengthy prison sentence Signup and view all the answers

Which legal definition applies to a 'gamete' according to the guidelines provided?

Sperm or ovum specifically Signup and view all the answers

How may a convicted spouse petition for modification regarding payments?

If financial circumstances change Signup and view all the answers

What is required for the court to grant a maintenance order for one spouse over another?

The requesting spouse must demonstrate a lack of sufficient property and needs Signup and view all the answers

Under what circumstance can provisions for property disposition in a decree be modified after a legal separation?

Only due to the existence of conditions that justify reopening a judgment Signup and view all the answers

What happens to the obligation for future maintenance if the receiving party remarries?

It is terminated Signup and view all the answers

What is a necessary condition for the court to modify or terminate provisions for maintenance?

A substantial and continuing change in circumstances Signup and view all the answers

What is the waiting period before a court will consider a motion for dissolution of marriage?

Sixty days following the date of service Signup and view all the answers

Which of the following best defines 'in loco parentis'?

A person treated as a parent by a child for a substantial time Signup and view all the answers

What legal right is included in 'sole legal decision-making'?

One parent makes all major decisions for the child Signup and view all the answers

Which of the following situations would NOT allow for the modification of support responsibilities for a minor child?

Death of the parent obligated to support the child Signup and view all the answers

What constitutes 'joint legal decision-making'?

Both parents share decision-making authority equally Signup and view all the answers

When can provisions related to maintenance be modified?

Upon showing of substantial, continuing changed circumstances Signup and view all the answers

What role does health insurance play in modifications related to support responsibilities?

Changes in health insurance can be a substantial change in circumstances Signup and view all the answers

What may be a factor for a court to suspend interest on a support judgment?

The obligor's incarceration or disability Signup and view all the answers

Under which condition can a party request restoration of their former name?

At any time before the dissolution decree is signed Signup and view all the answers

Which action does NOT require the court to confirm its authority before proceeding with child custody matters?

Request for modifications from the current custodial parent Signup and view all the answers

Which factor is NOT considered by the court in determining the best interests of the child?

The child's past academic performance Signup and view all the answers

What is a key consideration for the court when deciding on joint legal decision-making?

The ability of parents to cooperate in decision-making Signup and view all the answers

In cases of domestic violence, what must the court ensure when considering joint legal decision-making?

Significant domestic violence may prevent joint decision-making Signup and view all the answers

Which aspect is NOT included in a parenting plan as mandated by the court?

The educational preferences of each parent Signup and view all the answers

Which statement regarding sole legal decision-making is false?

The parent can change parenting time unilaterally Signup and view all the answers

What factor can lead the court to view a parent unfavorably in a legal decision-making case?

Intentional misleading of the court Signup and view all the answers

Under what condition can the court decide that a parent should have limited contact with their child?

If there is a history of child abuse or domestic violence Signup and view all the answers

What is NOT a component that should be considered while formulating a parenting plan?

The preferred leisure activities of each parent Signup and view all the answers

Which consideration is crucial for a court when evaluating a parent's capability for joint legal decision-making?

The parent's ability to cooperate post-divorce Signup and view all the answers

In what situation may joint legal decision-making be awarded?

If both parents exhibit capacity to communicate well Signup and view all the answers

What might the court do if the required elements of a parenting plan are not agreed upon by the parents?

Determine the disputed elements for the parents Signup and view all the answers

What should the court consider when determining the best interests of a child in cases of domestic violence?

Findings from other jurisdictions and police reports Signup and view all the answers

Which factor indicates a parent might not be awarded joint legal decision-making?

Evidence of coercion in decision-making Signup and view all the answers

Which of the following is NOT a condition the court may impose if a parent has committed an act of domestic violence?

Mandate joint counseling between the victim and perpetrator Signup and view all the answers

How does a parent's past behavior impact legal decision-making according to the guidelines?

A history of misrepresentation may affect credibility Signup and view all the answers

What is an essential process to include in a parenting plan as per the guidelines?

Mediating disputes and conducting periodic reviews Signup and view all the answers

What is required from a parent seeking to rebut the presumption against them in domestic violence cases?

Demonstrate safety for the child and no further violence Signup and view all the answers

In determining parenting time, what other evidence may the court consider?

Results of random drug testing Signup and view all the answers

What must a court find to establish a rebuttable presumption against a parent in substance abuse cases?

Conviction of a drug offense within the past year Signup and view all the answers

Under what circumstance will the rebuttable presumption regarding domestic violence not apply?

If both parents have committed acts of domestic violence Signup and view all the answers

What is one of the factors the court will NOT consider in determining legal decision-making in cases of domestic violence?

The parent’s self-reported mental health status Signup and view all the answers

What type of documentation might be used to establish a history of domestic violence by a parent?

Witness testimony Signup and view all the answers

What is the standard the court uses to determine if parenting time will significantly impair a child's emotional development?

The burden of proof is on the parent who committed domestic violence Signup and view all the answers

Which of the following actions is a potential consequence for a parent who is found to have committed an act of domestic violence?

Supervised parenting time Signup and view all the answers

What findings must the court articulate to allow for decisions regarding drug abuse by a parent?

Findings of fact related to parental behavior Signup and view all the answers

Which piece of evidence is critical in determining whether a parent can successfully rebut the presumption of unfitness due to substance abuse?

Results of alcohol or drug screening Signup and view all the answers

What can be inferred about the court’s stance on counseling between the victim and the perpetrator of domestic violence?

Joint counseling is strictly prohibited to protect the victim Signup and view all the answers

Under what condition can a person with a conviction of first-degree murder gain unsupervised parenting time with a child?

If the court finds no significant risk to the child and provides reasons in writing. Signup and view all the answers

Which of the following is a required action if a parent knows a convicted sex offender has access to their child?

Notify the other parent or custodian immediately. Signup and view all the answers

What should both parents do regarding access to prescription medication and educational records?

Provide equal access to each other unless ordered otherwise. Signup and view all the answers

What happens if a parent fails to comply with the requirement for advance notice before relocating with the child?

The court can impose sanctions impacting decision-making or parenting time. Signup and view all the answers

In what situation can a court specify one parent as the primary caretaker for public assistance eligibility?

After evaluating the best interests of the child. Signup and view all the answers

Which provision allows a party with insufficient resources to obtain legal representation?

Court-ordered payment for expert witness fees. Signup and view all the answers

What must a parent with joint legal custody consider before designating a pharmacy?

They must have agreement from the other parent. Signup and view all the answers

What is the primary responsibility of each parent regarding child support?

To support the child financially regardless of parenting time arrangements. Signup and view all the answers

How are notification requirements enforced before a parent relocates with their child?

By certified mail or other accepted methods per court rules. Signup and view all the answers

What must parents do when one seeks to relocate the child outside the state?

Provide forty-five days' written notice to the other parent. Signup and view all the answers

What is an appropriate legal consequence for a parent who withholds prescription medication without a court order?

They are subject to sanctions by the court. Signup and view all the answers

What factors might the court consider when deciding on legal decision-making for parents with complex backgrounds?

Evidence of trauma suffered by the parent. Signup and view all the answers

What does joint legal decision-making guarantee for parents?

Shared responsibility for raising the child regardless of living arrangements. Signup and view all the answers

What factor should the court consider when determining the amount of spousal maintenance?

The standard of living established during the marriage Signup and view all the answers

Which factor does NOT affect the determination of spousal maintenance according to the guidelines?

The age of the couple at marriage Signup and view all the answers

Under what condition can the court deviate from applying the spousal maintenance guidelines?

If the application of the guidelines would be unjust or inappropriate Signup and view all the answers

Which of the following factors contributes to the earning ability of the other spouse?

The contribution of the spouse seeking maintenance Signup and view all the answers

Which is NOT a requirement for the continuation of maintenance orders?

The agreements between parties can be modified later Signup and view all the answers

What does the court maintain jurisdiction over concerning maintenance?

The duration and amount of maintenance awarded Signup and view all the answers

What should be considered regarding the spouse seeking maintenance's ability to meet their own needs?

The financial resources including marital property apportioned Signup and view all the answers

How does the court handle information about a spouse's income for maintenance purposes?

The information can be disclosed if deemed necessary Signup and view all the answers

Which of the following is a factor in determining the duration of a marriage?

The standard of living during the marriage Signup and view all the answers

What is required of a person who has been ordered to pay maintenance?

Inform the court of any change in address and employment Signup and view all the answers

Which of the following can affect the maintenance amount due to health-related expenses?

The cost of obtaining health insurance post-dissolution Signup and view all the answers

What occurs upon filing a petition for dissolution of marriage after legal separation?

A new case is created under the same case number Signup and view all the answers

Which factor influences the ability of either spouse to cover educational costs for their mutual children after dissolution?

The earning ability post-dissolution Signup and view all the answers

Under what condition may a parent with sole legal decision-making temporarily relocate a child within less than forty-five days after giving notice to the other parent?

If health, safety, employment, or eviction necessitates the move. Signup and view all the answers

What is required for a court to modify a legal decision-making order based on a parent's claim of domestic violence?

Proof that the violence occurred after the order was entered. Signup and view all the answers

What burden falls on the parent seeking to relocate a child?

To show that the relocation is in the child's best interests. Signup and view all the answers

Which factor is NOT considered by the court when determining a child's best interests regarding relocation?

The financial status of the relocating parent. Signup and view all the answers

What must a court do before modifying parental rights related to a parent in military service during deployment?

Consider the military family care plan. Signup and view all the answers

When can a motion to modify legal decision-making or parenting time be made?

Only after the first year of the existing order. Signup and view all the answers

What action can the court take if it finds that a parent has unreasonably interfered with court-ordered parenting time?

Assess attorney fees and court costs. Signup and view all the answers

What is the standard frequency for a parent to be eligible to petition for modification of joint legal decision-making after it has been established?

Every year. Signup and view all the answers

What could lead the court to deviate from an existing parenting plan regarding relocation?

Only if it is no longer in the child's best interests. Signup and view all the answers

How should the court evaluate the motives behind a parent's relocation request?

By determining if it interferes with the other parent's access. Signup and view all the answers

What must parents be given access to concerning their child unless deemed harmful by the court?

Prescription medication and medical documents. Signup and view all the answers

What is a significant factor the court considers when evaluating the effects of relocation on a child’s stability?

The potential impact on the child's emotional well-being. Signup and view all the answers

What is NOT a criterion for assessing a parent's request to temporarily relocate with a child?

The child's relationship with extended family in the new area. Signup and view all the answers

In cases of joint legal decision-making, under what condition can a parent relocate without the other parent's consent?

If the move is urgent due to personal circumstances. Signup and view all the answers

Under what condition may a court modify parental rights during a military parent's deployment?

If the deployment will materially affect the parent's ability to exercise their parental rights. Signup and view all the answers

How can a deploying parent present testimony regarding parenting time if they cannot appear in person?

By requesting to testify by telephone or video teleconference. Signup and view all the answers

What must a temporary modification order include after a military parent's deployment?

A specific transition schedule for returning to the pre-deployment order. Signup and view all the answers

What occurs if a military parent receives deployment orders that require moving a substantial distance?

The court may delegate parenting time to a family member or another person with a close relationship to the child. Signup and view all the answers

What must be satisfied for the court to assess attorney fees against a party seeking modification?

The court finds that the modification action is vexatious and constitutes harassment. Signup and view all the answers

What does the court require from a party to modify a legal decision-making or parenting time order?

An affidavit or verified petition detailing facts supporting the modification. Signup and view all the answers

What happens if a legal decision-making order is in effect and a parent is charged with a dangerous crime against children?

The other parent may petition for an expedited hearing regarding parenting time. Signup and view all the answers

What should occur if a motion for temporary legal decision-making and parenting time is made?

The court may award temporary orders based on pleadings if unopposed. Signup and view all the answers

What limitation does the court impose on delegation of parenting time?

Delegation is not allowed if the person would be subject to parenting time limitations. Signup and view all the answers

When can either parent file a petition to modify a decree or order after deployment?

Within thirty days after the deployment ends. Signup and view all the answers

What must a court demonstrate to modify parenting time rights?

That the parenting time would seriously endanger the child's health or well-being. Signup and view all the answers

What is necessary for the court to vacate a temporary legal decision-making or parenting time order?

The proceeding for dissolution of marriage or legal separation must be dismissed. Signup and view all the answers

What must the court consider when determining changes in parenting time due to deployment?

The child's best interests. Signup and view all the answers

What does the term 'legal decision-making' refer to in this context?

The power to make significant decisions regarding the child's welfare. Signup and view all the answers

What is one of the possible outcomes if a parent is found in violation of visitation or parenting time rights?

The court shall order visitation or parenting time to make up for missed sessions. Signup and view all the answers

What is the maximum civil penalty that can be imposed on a parent for each violation of visitation rights?

$100 Signup and view all the answers

Which of the following is NOT a sanction that the court can impose for litigation misconduct?

Awarding damages to the litigant for emotional distress. Signup and view all the answers

What must occur within twenty-five days of service of a petition regarding violations of parenting time orders?

A hearing or conference must be held by the court. Signup and view all the answers

If the custodial parent prevails in a noncompliance hearing, what may the court award them?

Court costs and attorney fees incurred during the review. Signup and view all the answers

What is one of the penalties the court can impose on a parent found in contempt regarding visitation rights?

Mandating family counseling at their expense. Signup and view all the answers

What can the violating parent be ordered to pay for associated costs in a visitation or parenting time noncompliance case?

Court costs and attorney fees incurred by the nonviolating parent. Signup and view all the answers

What must the court do after finding a litigant has presented a false claim?

Sanction the litigant for costs and reasonable attorney fees of the opposing party. Signup and view all the answers

Under which circumstance is a child considered emancipated?

When the child marries Signup and view all the answers

What must a limited income withholding order include?

The amount of arrears owed by the obligor Signup and view all the answers

What does the term 'lump sum payment' NOT include?

Retirement benefits Signup and view all the answers

To which of the following incomes does an income withholding order NOT apply?

Retirement pensions Signup and view all the answers

How long after an employer receives an income withholding order must they transmit withheld amounts?

Within two business days Signup and view all the answers

What percentage of the current support obligation must an income withholding order include if arrears equal more than six months?

Thirty-three percent Signup and view all the answers

Which of the following statements about an income withholding order is true?

It is binding fourteen days after receipt by the employer Signup and view all the answers

What is the maximum additional amount an income withholding order can include if arrears are equal to one year or more of the support obligation?

An amount that exceeds thirty-three percent of the support obligation Signup and view all the answers

What does a department need to include in an income withholding order regarding the obligor's identity?

The obligor's social security number Signup and view all the answers

Which of the following is NOT a component of a limited income withholding order?

Notice of upcoming hearings Signup and view all the answers

What happens when an order is served by electronic means to an employer or payor?

The service is complete on the date of transmission Signup and view all the answers

What must happen if an obligor does not owe current support but has unpaid arrears?

An income withholding order can be issued or adjusted for arrears only Signup and view all the answers

Which of the following is included under 'lump sum payment' according to the definition?

Personal injury awards Signup and view all the answers

What happens to a petitioner's child support obligation if they are found not to be the biological father?

The obligation is vacated but arrears remain. Signup and view all the answers

Under what condition can a biological father be ordered to pay restitution to the petitioner?

If it is determined to be in the child's best interests. Signup and view all the answers

How often can a request for review of a child support order be made in a title IV-D case without showing a changed circumstance?

Every three years. Signup and view all the answers

What action may the court take if it finds a litigant in violation of a court order compelling disclosure?

Award financial sanctions to the aggrieved party Signup and view all the answers

If a party requests a review of the child support order sooner than three years, what must they demonstrate?

A substantial and continuing changed circumstance. Signup and view all the answers

What must occur for a court-ordered support obligation to start accruing if not specified?

It begins on the first day of the month following the entry of the order Signup and view all the answers

What condition allows a party required to pay support to switch to regularly accepted forms after 24 months?

If their payment history shows no dishonor for 24 months Signup and view all the answers

What is required for the right to receive child support payments to vest?

Installments that fall due. Signup and view all the answers

What must be proven to assert the defense of voluntary relinquishment of custody?

A history of domestic violence. Signup and view all the answers

Under what condition can a court modify a child support order?

Upon a showing of substantial and continuing changed circumstances Signup and view all the answers

What happens if a payment method for support is dishonored?

Payments must then be made strictly in cash or certified funds Signup and view all the answers

What happens to a child support order if the obligee marries the obligor?

It terminates on the last day of the month of marriage. Signup and view all the answers

Which of the following may the court institute on its own initiative in response to a litigant's misconduct?

Civil contempt proceedings Signup and view all the answers

What must the obligor prove if they claim unreasonable delay in collecting child support arrears?

The obligee delayed collection for more than ten years. Signup and view all the answers

What is NOT a condition that disqualifies a support claim as being false?

It is merely unsubstantiated Signup and view all the answers

What is the timeframe to file a request for judgment of arrearages if a party has not received payments?

Within 30 days after service outside the state. Signup and view all the answers

What occurs if a hearing is not requested within the specified timeframe after service regarding arrearages?

The court automatically grants a judgment. Signup and view all the answers

What must happen if an income withholding order is ineffective for timely payment?

The court must require the obligor to provide security or post bond Signup and view all the answers

What is required for the clerk or support payment clearinghouse to return unassigned payments after 120 days?

Inability to locate the obligee. Signup and view all the answers

What happens to child support obligations for multiple families if funds are insufficient?

Monies are allocated based on the ratio of current support ordered Signup and view all the answers

Under which situation can a petitioner's support obligations be terminated?

If the paternity was established through fraud, duress, or mistake Signup and view all the answers

What action can be taken if parties dispute the amount of arrearages?

A request for a hearing can be filed. Signup and view all the answers

What is the result of a tribunal finding that some or all of a child support debt is no longer collectible?

The judgment remains valid but uncollectible. Signup and view all the answers

What is the first condition for modifying a support order upon a petition showing changed circumstances?

Substantial and continuing change in circumstances Signup and view all the answers

What happens to the support obligation after notice of a petition for modification is filed?

It remains unchanged until the final ruling Signup and view all the answers

What is the primary purpose of submitting genetic testing results in a paternity-related support case?

To determine inherited characteristics including blood and tissue type Signup and view all the answers

What alternative does the court have if a court order compelling disclosure is not obeyed?

Imposing additional financial sanctions Signup and view all the answers

What is the consequence if the obligor's disposable income from the primary employer does not meet the support obligation?

An income withholding order will be issued to a secondary employer. Signup and view all the answers

What is the time frame for an obligor, employer, or payor to challenge an income withholding order?

Ten days after receiving the order. Signup and view all the answers

What must occur for the department to terminate the income withholding order?

The current obligation of support must no longer exist, and all arrearages either must be satisfied or waived. Signup and view all the answers

In a title IV-D case, under what condition can an income withholding order be terminated on request?

If the obligation to pay support has ended or will end within ninety days. Signup and view all the answers

What information is required in the stipulation when terminating the income withholding order?

The name and address of the employer or payor. Signup and view all the answers

What happens if an obligor is no longer employed by their employer in relation to income withholding?

The employer must inform the support payment clearinghouse of the employee's last known address. Signup and view all the answers

How must any withheld income be allocated if an obligor has multiple child support obligations?

Proportionally based on the total child support obligation. Signup and view all the answers

What action must an employer take if they wish to dismiss an employee due to an income withholding order?

They may face contempt and fines if they discharge the employee. Signup and view all the answers

What must an employer or payor do if they receive a notice related to a request to terminate an income withholding order?

Continue withholding support until a decision is made. Signup and view all the answers

What is required for a department to make a determination after receiving a request to terminate an income withholding order?

A determination must be issued within forty-five days based on available information. Signup and view all the answers

What happens if an employer delays the communication of a change related to an income withholding order?

The obligor may face further penalties regarding their support obligations. Signup and view all the answers

Under what criteria can an income withholding order not be modified?

If there is a change in income withholding. Signup and view all the answers

What is the maximum percentage of an obligor's disposable income that can be withheld for child support payments?

One-half Signup and view all the answers

What action can the department take if an employer fails to comply with an income withholding order?

Initiate action in superior court Signup and view all the answers

What documentation is needed in the request to terminate an income withholding order?

Supporting documentation and a statement of why the termination is requested. Signup and view all the answers

What should happen if all obligations of support are satisfied in a title IV-D case?

The department will issue an order terminating the income withholding order. Signup and view all the answers

How long does an obligor have to request an administrative review after receiving a notice of withholding?

Ten days Signup and view all the answers

Which of the following statements about the income withholding order is incorrect?

The employer can choose to ignore the order temporarily. Signup and view all the answers

What must an employer do if an obligor is successfully discharged or refused employment due to an income withholding order?

Pay damages to the obligor Signup and view all the answers

What may an insurer be required to do before remitting payment to a claimant under an insurance contract if the claimant owes arrearage?

Provide information to the department Signup and view all the answers

What is the duration within which an obligor must inform the support payment clearinghouse of a change in residential address?

Ten days Signup and view all the answers

Which of the following is NOT a valid reason for an obligor to contest an income withholding order?

The obligor’s income is insufficient Signup and view all the answers

Which of the following best describes the term 'arrearages' as used in this context?

Past due support, including interest Signup and view all the answers

What should the obligor expect from the notice of withholding that is issued?

It will detail how to contest the withholding order Signup and view all the answers

What priority does an income withholding order have compared to other legal claims?

It has priority over all other attachments and executions Signup and view all the answers

What can an obligor do if they believe that the withholding amount is greater than permitted by law?

File for administrative review Signup and view all the answers

What is required from employers regarding the withholding process outlined in the order?

Employers must comply with the amounts specified in the order Signup and view all the answers

What happens if an obligor does not inform the department of their changes in address on time?

They may be subject to sanctions for contempt Signup and view all the answers

What is included in third-party property damage claims for which benefits may be paid to a vendor or repair facility?

Repair or replacement of tangible property Signup and view all the answers

Which type of insurance is specifically excluded from being classified as a health benefits plan?

Medicare supplemental insurance Signup and view all the answers

Under what condition may a parent be charged with a class 6 felony regarding child support?

If the parent refuses to comply with a valid court order Signup and view all the answers

What constitutes 'arrearage' in the context of support obligations?

Past due support payments Signup and view all the answers

What kind of claims does not qualify for third-party property damage reimbursement?

Claims for health care provider bills Signup and view all the answers

What action can be taken to enforce support orders according to the established process?

File an affidavit of payments in default Signup and view all the answers

What classification is given to an individual who fails to comply with a spousal maintenance order after being notified?

Class 1 misdemeanor Signup and view all the answers

Which of the following best describes a 'claimant' in the context of benefit claims?

An individual who makes claims against an insured Signup and view all the answers

What constitutes a violation by a parent under the law regarding child support?

Voluntarily incurring financial obligations Signup and view all the answers

Which statement about insurance coverage classifications is true?

Accident-only insurance is excluded from health benefits plans. Signup and view all the answers

What infers a parent's capability of full-time employment as determined by the trier of fact?

Prior work history without gaps Signup and view all the answers

What must occur for a claim to be actionable under the health benefits plan definition?

Providing payment for treatment rendered Signup and view all the answers

An insurer may report claims seeking economic benefits when which condition is satisfied?

The claimant making the third-party claim resides in the state Signup and view all the answers

What is the time frame for an employer or payor to respond to a request for information regarding a person obligated to pay support?

20 days Signup and view all the answers

Which of the following information types may be requested only after establishing paternity?

Health insurance benefits paid Signup and view all the answers

In which case does a child support judgment take priority over other civil actions?

When recorded with the county recorder Signup and view all the answers

What is the primary purpose of the information collected pursuant to this section?

To locate a person for establishing paternity and enforcing support obligations Signup and view all the answers

What must be filed with the county recorder to create a lien on property owned by the obligor?

Child support order Signup and view all the answers

What must an insurer do within three business days after a match revealing child support arrearage?

Send an income withholding order to the relevant agency Signup and view all the answers

How frequently can a party request information under the specified section?

Once every three months Signup and view all the answers

Which type of claims is NOT required for insurers to report or identify?

General liability claims Signup and view all the answers

What happens to the right of a claimant under a child support limited income withholding order?

It is encumbered by the order Signup and view all the answers

What legal consequence does a party face if they request information for purposes other than identifying and locating an obligated person?

Class 1 misdemeanor Signup and view all the answers

What type of payments are insurers immune from liability under this section?

Payments arising from a child support limited income withholding order Signup and view all the answers

Which of the following information about a person obligated to pay support is NOT required to be provided?

Criminal history Signup and view all the answers

What happens to the lien amount once it is recorded?

It includes any amounts subsequently accrued Signup and view all the answers

Which of these expenses is prioritized over a child support limited income withholding order?

Health care expenses Signup and view all the answers

What requirement is placed on insurers regarding claims made directly to health care providers?

Insurers are exempt from having to report these claims Signup and view all the answers

Which of the following statements is true regarding address protection in domestic violence situations?

Address information protected by court orders cannot be requested Signup and view all the answers

When is a liquidated judgment required concerning child support liens?

It is not required to establish a lien Signup and view all the answers

Which of the following benefits may NOT exceed one thousand dollars over thirty days?

Dental coverage Signup and view all the answers

Which action must occur for a child support judgment to establish a lien?

Record a certified copy with the county recorder Signup and view all the answers

What can the department do if it finds a match with an obligor who has child support arrearage?

Send an income withholding order to the insurer Signup and view all the answers

Which entity is the child support limited income withholding order inferior to?

Documents related to attorney fees and court costs Signup and view all the answers

Which entity may electronically deliver requests for information regarding child support?

The child support enforcement entity of any state Signup and view all the answers

What must an insurer do if they fail to make a payment as permitted by the section?

Be immune from civil liability if the failure was in good faith Signup and view all the answers

What must an employer provide upon request about their employees regarding child support obligations?

Current and past employment status Signup and view all the answers

Which of the following assertions about reporting claims is true?

Actual medical expense claims sent directly to providers do not need to be reported Signup and view all the answers

What may be included in a child's support limited income withholding order?

Wages or any income in lieu of wages Signup and view all the answers

How should the insurer handle the payment to the claimant after a child support limited income withholding order is issued?

Disburse only the remaining amount after the order has been satisfied Signup and view all the answers

What is required for the obligor to file a request for reimbursement after their obligation to pay support has terminated?

The request must be filed with the clerk of the superior court within twenty-four months after termination. Signup and view all the answers

When the department releases property from a lien, what is provided as conclusive evidence of the release?

Notice by the department regarding the release of the property. Signup and view all the answers

What does a judgment entered for reimbursement against the obligee not constitute?

A support judgment. Signup and view all the answers

What is the role of the clerk of the court regarding spousal maintenance collection?

To provide services assisting in the collection and enforcement of spousal maintenance. Signup and view all the answers

What must the court consider in determining whether to award spousal maintenance?

The duration of the marriage. Signup and view all the answers

What occurs when a petition for legal separation or dissolution is filed?

The court may enter temporary orders. Signup and view all the answers

What are the criteria for a court to have initial child custody jurisdiction?

The state must be the child's home state at the time of the proceeding. Signup and view all the answers

Under what condition can a court modify child custody determinations made by another court?

If the other state's court determines it no longer has exclusive jurisdiction. Signup and view all the answers

Which of the following is not a requirement for temporary emergency jurisdiction?

A court in another state must decline jurisdiction. Signup and view all the answers

What does physical presence of a party or child relate to regarding child custody determinations?

It is not necessary or sufficient for making a custody determination. Signup and view all the answers

What must the administration consider when performing its duties in the Arizona long-term care system?

The use of existing programs, rules, and procedures. Signup and view all the answers

In terms of spousal maintenance awards, which federal disability benefits are considered?

None, all must be ignored. Signup and view all the answers

If a party has questions regarding jurisdiction in a child custody proceeding, how should it be handled?

It must be prioritized on the calendar. Signup and view all the answers

Which action is NOT included in the responsibilities of the director under the Arizona long-term care system?

Establishing personal relationships with members. Signup and view all the answers

What must the director establish to ensure the quality of care in the long-term care system?

A method to prevent fraud and maintain quality standards. Signup and view all the answers

How is the lien release recorded by the department once a title IV-D case is closed?

In every county, agency, or political subdivision where the original lien was recorded. Signup and view all the answers

Which requirement is imposed on program contractors by the director?

They are responsible for adhering to comprehensive service delivery plans. Signup and view all the answers

How long must records related to contract compliance be maintained by program contractors?

For five years. Signup and view all the answers

What must the director establish by rule regarding grievances and requests for hearings?

Time frames and procedures consistent with specific sections Signup and view all the answers

What condition must be met before a nursing care institution receives reimbursement for professional accounting services?

The institution must request a specific audit. Signup and view all the answers

What can the administrator do during a financial audit of nursing care institutions?

Notify the institution at least sixty days in advance. Signup and view all the answers

Under what circumstance can the administration withhold payments from program contractors?

If the program contractor does not comply with contract provisions Signup and view all the answers

What is a key responsibility of the Arizona long-term care administration?

Contracting with Indian tribes for long-term care services. Signup and view all the answers

What role does the director have concerning federal funding according to the rules?

Apply for and accept federal and other financial support Signup and view all the answers

What must be established to implement medical child support requirements as per federal law?

Intergovernmental agreements with the department of economic security. Signup and view all the answers

What is required before implementing a new policy related to reimbursement?

Notification to interested parties at least thirty days in advance Signup and view all the answers

Which aspect is NOT covered by the director's comprehensive system for assuring quality of care?

Development of staff training programs. Signup and view all the answers

What considerations must be accounted for in the rules regarding the posteligibility treatment of income?

Retention of a personal needs allowance Signup and view all the answers

What is required of the administration in terms of compliance with federal laws?

Adherence to minimum certification standards. Signup and view all the answers

What may the director require if a nursing care institution's financial viability is questioned?

Quarterly financial statements submission Signup and view all the answers

What is required for a court in this state to have temporary emergency jurisdiction over a child?

The child must be present in the state and subjected to or threatened with abuse. Signup and view all the answers

Which of the following must be included in quarterly financial statements submitted by nursing care institutions?

A balance sheet and a statement of income and expenses Signup and view all the answers

Under what scenario does a child custody determination made under temporary jurisdiction become final?

If the state becomes the child's home state and no other custody determinations exist. Signup and view all the answers

What is one of the responsibilities of the administration under the Arizona long-term care system?

Reviewing and approving requests for provider proposals. Signup and view all the answers

What must a court specify if it issues an order under temporary emergency jurisdiction when there is a previous child custody determination?

A time period for obtaining an order from the court of another state. Signup and view all the answers

According to the rules, what should the administration enforce as part of the eligibility determination process?

Requirements for state residency and qualified alien status Signup and view all the answers

What criteria must be applied when ordering support for an obligor?

Clear and convincing evidence of paternity is required. Signup and view all the answers

When can a court decline to exercise jurisdiction according to the concept of 'inconvenient forum'?

If it determines that another state is a more appropriate forum. Signup and view all the answers

What limitation does the director have regarding the establishment of trusts for eligibility?

They must follow set federal guidelines and requirements. Signup and view all the answers

What should be taken into account when establishing rules under the director's authority?

Differences between urban and rural service delivery conditions Signup and view all the answers

Which factor is NOT considered when determining if a court is an inconvenient forum?

Whether either party has legal representation. Signup and view all the answers

What is the minimum resource allowance for a spouse or family at home, as determined by the rules?

$12,000 adjusted annually based on consumer price index Signup and view all the answers

What action must a court undertake upon learning that a custody proceeding has been initiated in another state?

Communicate with the other court regarding the ongoing proceeding. Signup and view all the answers

What are the requirements for services termination according to the director's rules?

Formal procedures for members transitioning out of the system Signup and view all the answers

What condition must a court impose if it finds another state to be a more suitable forum?

A custody proceeding must be commenced in the designated state. Signup and view all the answers

Which actions are prohibited for the director regarding rule adoption?

Adopting any rule inconsistent with funding regulations Signup and view all the answers

What authority does a court have regarding temporary visitation orders?

It can issue temporary orders even if it lacks jurisdiction to modify custody. Signup and view all the answers

In addition to other rules, what must the director consider for program contractors?

Contractor compliance with predetermined standards Signup and view all the answers

What is true about temporary child support orders issued by this state?

They can only be temporary if one parent resides out of state. Signup and view all the answers

What is a condition under which the director may require monthly financial statements from institutions?

If the financial viability is in question Signup and view all the answers

Which of the following is NOT a factor a court must assess regarding domestic violence?

The victim's ability to relocate to another state. Signup and view all the answers

What happens if a court issues a temporary custody order and a custody proceeding is not filed elsewhere?

The temporary order automatically becomes a permanent order. Signup and view all the answers

What is one of the required actions a court of this state may take concerning a support order?

Issue an order only after the respondent has been notified. Signup and view all the answers

When can a court decline to exercise jurisdiction based on an incidental child custody determination?

Following a ruling in a divorce proceeding. Signup and view all the answers

What does a child custody order need to specify if it is issued in this state while another custody order exists?

A valid duration for the order to be effective. Signup and view all the answers

Study Notes

Rule 54: Judgment; Costs; Attorney's Fees; Form of Proposed Judgments

Definition of Judgment: Includes decrees and orders eligible for appeal; should not consist of pleadings or prior proceedings.
Decision Definition: Written orders that determine at least one claim or defense.
Multiple Claims: Courts can issue final judgments for fewer than all claims if no just reason for delay is expressly determined; otherwise, decisions remain subject to revision.
Full Judgment Requirement: Final judgment requires a statement that all matters are resolved under Rule 54(c).
Default Judgment Restrictions: Should match the relief demanded; final judgments must grant all entitled relief regardless of requests.
Judgment After Death: Verdicts may be entered posthumously on issues of fact resolved before death of a party.
Cost Requests: Must be filed concurrently with motions for attorney's fees, or within 20 days after decisions are made, depending on judgment type.
Attorney's Fees Claims: Must be included in pleadings; motions for fees post-judgment are time-bound, generally within 20 days after related decisions.
Proposed Judgment Forms: Must include specific sums for costs and attorney's fees, or provisions for the court to specify amounts.
Jurisdiction Scope: Limited on claims for attorney's fees awarded as sanctions; courts maintain jurisdiction for costs or fees if timely requests are made.

Rule 55: Default; Default Judgment

Entering a Default: Default against a party can be obtained if they fail to plead or defend; a written application must identify the defaulting party and state supporting facts.
Default Entry Notification: Must inform the defaulting party or their attorney; applications for entry must be served to all other parties.
Default Effectivity: Automatically occurs 10 days post-application filing; responsive pleadings from the alleged defaulting party can nullify it.
Default Judgment Without Hearing: Available when the claim involves a specific sum; judgment may include attorney's fees if properly requested and supported.
Default Judgment by Hearing: Required if the plaintiff's claim isn't a sum certain; notice of hearings must be given if the defaulted party has previously appeared.
Conformance Rules: Default judgments must reflect the demands originally stated in pleadings; cannot exceed the requested amounts.
Setting Aside Defaults: Courts have the discretion to set aside both entries of default and final default judgments for good cause.

Rule 56: Summary Judgment

Motion for Summary Judgment: Can be filed by any party after the opposing party's responsive pleading is due; motions must prove no genuine issues of material fact exist.
Filing Timeline: Must occur before the dispositive motion deadline or at least 90 days before trial if no deadline is set.
Procedural Aspects: Hearing requests for oral argument must be honored unless the court decides otherwise; responses are due within 30 days while replies within 15 days.
Statements of Fact: Moving parties must provide concise statements of material facts with appropriate citations; opposing parties must also provide detailed responses outlining disputes.
Evidence Handling: Affidavits should demonstrate personal knowledge and be accompanied by corroborating documentation; objections to evidence can be raised in the response materials.
Rule 56(d) Relief: If essential evidence is unavailable, parties may request expedited hearings for relief on these grounds.### Rule 56(d) Relief Request Requirements
Title the request as “Request for Rule 56(d) Relief and for Expedited Hearing.”
Include a supporting affidavit detailing:
- Specific evidence sought that is beyond the party's control.
- The location of the evidence.
- Expected revelations from the evidence.
- Methods planned to obtain the evidence.
- Estimated time required for additional discovery.
Attach a good faith consultation certificate aligned with Rule 7.1(h).

Impact on Deadlines

A Rule 56(d)(1) request does not automatically extend deadlines for filing responsive memoranda or statements unless the court stipulates otherwise.

Responses to Requests

The moving party for summary judgment is generally not required to respond to a Rule 56(d) request unless directed by the court, with a response deadline of two days before any scheduled hearing.

Expedited Hearing Requirements

Courts must conduct an expedited hearing within 7 days of filing the Rule 56(d)(1) request.
If unavailable within this timeframe, the court will set the earliest possible hearing date.

Court Relief Options

The court may:
- Defer ruling on the summary judgment motion, allowing further discovery and affidavits.
- Deny the request, setting a specific deadline for a summary judgment response.
- Issue any other suitable order as necessary.

Opposition to Summary Judgment

Opposing parties must provide specific facts demonstrating genuine issues for trial; mere allegations or denials are insufficient.
If no adequate response is presented, summary judgment may be granted against the opposing party.

Court's Proactive Measures

The court can grant summary judgment for a nonmoving party or on unaddressed grounds if notified and provided reasonable response time.
Summary judgment may also be considered based on identified material facts that are undisputed.

Limitation on Granted Relief

If all requested relief is not granted or judgment is not complete, the court may establish material facts, including damages, as established in the case.

Consequences of Bad Faith Affidavit

If a Rule 56 affidavit is submitted in bad faith or solely to delay proceedings, the court may impose sanctions, including payment of reasonable expenses and attorney’s fees incurred by the opposing party.### Summary Judgment and Court Procedures
Courts may grant summary judgment for a nonmoving party after providing notice and reasonable response time.
Summary judgment can also be granted on unraised grounds or at the court's own initiative regarding material facts that appear undisputed.
If not all relief requested is granted, the court may identify material facts that are not disputed and treat them as established.
Courts may penalize parties for submitting affidavits in bad faith by requiring them to cover incurred expenses, including attorney fees.

Declaratory Judgment

Procedures are established for obtaining a declaratory judgment without the need for another adequate remedy.
Courts can expedite hearings for declaratory judgment actions.

Declaration of Factual Innocence

This rule addresses individuals claiming their personal information was misused, affecting their criminal record.
Petitions must be filed in the superior court within the appropriate jurisdiction and assigned a civil case number.
Specific requirements exist for service of petitions on affected parties, including necessary identifications and addressing.

Declaration of Factual Improper Party Status

This rule allows individuals to petition claiming their personal information was improperly recorded in a civil action.
Similar filing and service requirements apply as for the declaration of factual innocence.
Evidence must be provided to establish factual improper party status.

Judgments

Proposed forms of judgments must be served to all parties and adhere to specific formats.
Objections to proposed forms of judgment must be filed within 5 days, with provision for replies.
Judgments must generally be in writing and signed by an authorized judge.

New Trials

Courts can grant new trials on multiple grounds, including procedural irregularities or newly discovered evidence.
A motion for a new trial must be filed within 15 days post-judgment, with strict deadlines.
Grounds for a new trial must be specified, and limitations apply to the number granted.

Relief from Judgment

The court can correct clerical mistakes or oversights in judgments upon notice.
Substantive relief can be granted for reasons such as mistake, new evidence, or fraud, with a 6-month limit for such motions after judgment entry.
The rule allows courts to entertain independent actions for relief from judgments.

Harmless Error

Errors in evidence admission or court processes do not constitute grounds for a new trial unless they affect substantial rights.

Stay of Proceedings

Execution on judgments is automatically stayed for 15 days post-entry unless otherwise ordered.
Courts can stay judgment enforcement during the resolution of certain motions, ensuring security for the adverse party.
Stipulations for stays must adhere to procedural rules, especially concerning injunctions or receivership judgments.

Rule 64: Seizing a Person or Property

Remedies authorized for seizing persons or property to ensure satisfaction of judgments are available from the start of an action.
Includes remedies such as arrest, attachment, garnishment, replevin, sequestration, and other equivalent remedies.

Rule 64.1: Civil Arrest Warrant

Establishes procedures for arrest to compel attendance in civil actions for those disobeying court orders.
A civil arrest warrant is a court order directing a peace officer to arrest an individual for noncompliance in a civil matter.
Issued if the individual fails to appear after being ordered or subpoenaed with appropriate notice.
Must contain details like the individual's identification, a command to appear before the judge, and bond conditions.
Arrested persons must be presented before a judge within 24 hours.

Rule 65: Injunctions and Restraining Orders

Preliminary injunctions require notice to the opposing party, while temporary restraining orders (TRO) can be issued without notice if immediate harm is proven.
A TRO generally expires within 10 days unless extended for good cause.
Security is required for issuing injunctions or TROs, except for certain governmental entities.
Every order must clearly state its terms and reasoning, binding only parties and involved individuals with notice.

Rule 66: Receivers

A party seeking a receiver must file an application, serve the adverse party, and provide an affidavits supporting their request.
Courts can appoint receivers who are not directly involved in the case unless specific conditions are met.
Receivers have the power to manage property and can be suspended or removed by the court.
Actions where a receiver is appointed cannot be dismissed without court approval.

Rule 67: Deposit into Court

Parties may deposit money or deliverable property with the court upon securing court permission.
Court can order deposits to manage and regulate money that is part of the action.
Clerks are responsible for safeguarding deposited funds and must record their receipt and disposition.

Rule 68: Offer of Judgment

Offers to allow judgment can be made more than 30 days prior to trial, with specific timing restrictions during arbitration.
Offers must specify the sum of money to be awarded, including all related costs and fees unless explicitly excluded.
Acceptance of an offer must be timely; otherwise, it is considered rejected and may not be introduced as evidence except for sanctions determination.
Any objections to the validity of an offer must be communicated within 10 days of service, or the right to object is waived.### Offers of Judgment
Multiple parties can make a joint unapportioned offer to a single offeree.
Unapportioned offers cannot be made to multiple offerees.
Apportioned offers may be extended to multiple offerees, contingent on acceptance by all.
Each offeree can provide a separate notice of acceptance.
If fewer than all accept an apportioned offer, the offeror may enforce any acceptances if:
- The offer states that this option is available.
- The offeror gives written notice of final acceptance within 10 days after the offer expires.
Sanctions for rejecting an offer occur if the rejecting party does not achieve a more favorable judgment, resulting in a 20% sanction based on the offer and final judgment difference.

Judgments and Costs

When assessing judgments including taxable costs or attorney's fees, only those incurred as of the offer date are considered.
In arbitration, the court compares the offer to the final judgment under specified rules.
No sanctions will be imposed if the action seeks only injunctive relief.
Courts can reduce or eliminate a sanction if found manifestly unjust.

Effective Period and Offers on Damages

Offers of judgment must be effective for 30 days post-service; specific conditions extend this period to 60 days or 15 days under certain circumstances.
Subsequent offers can be made even after a rejection.
Offers relating to damages can be made after liability is determined but before the extent is finalized, requiring service at least 10 days before the hearing.

Executing Judgments

Monetary judgments are generally enforced via a writ of execution unless directed otherwise by the court.
A special writ may be issued if the judgment involves personal property of special value.
Discovery is limited during temporary stay periods unless the court allows it under specified conditions.

Enforcing Specific Acts

Courts may order compliance of a specific act failing to be performed by the responsible party, with costs borne by the disobedient party.
Instead of a conveyance, courts can enter a judgment that transfers property title directly.
Writs of attachment, sequestration, or execution can be issued to compel obedience or possession of judgments.
Contempt proceedings may be initiated against the disobedient party.

Structured Settlement Transfers

An application for transferring structured settlement rights must include detailed declarations from both payees and transferees.
Payees must declare personal, financial, and any prior transfer history, as well as reasons for the proposed transfer.
Transferees must confirm the validity of the transfer and compliance with applicable laws.

Relief Against Nonparties

Enforcing orders benefiting or binding nonparties follows the same procedural rules as for parties involved in the case.

Rule 72: Suitability for Arbitration

Applies in counties where superior court mandates arbitration for certain claims based on a majority judicial decision.
Jurisdictional limits for arbitration are defined by local rules under A.R.S. § 12-133.
Civil actions must be submitted to arbitration if no party seeks relief other than money and does not exceed the jurisdictional limit.
"Award" includes punitive damages; however, interest, attorney's fees, and costs are excluded from this definition.
Arbitration can be waived if all parties stipulate and show good cause.
Any claim may be referred to arbitration via a signed Agreement of Reference, which replaces typical pleadings.

Alternative Dispute Resolution

Parties may discuss resolving disputes through alternative methods before arbitration hearings.
If all parties agree to participate in good faith in another form of resolution, the court may waive the arbitration requirement.
The stipulation for alternative resolution must identify the method and approved by the court.

Procedure for Determining Suitability for Arbitration

A plaintiff's filing of a complaint must include a separate certificate on compulsory arbitration, confirming its applicability.
If the defendant disagrees with the plaintiff's claim of arbitrability, a controverting certificate outlining the reasons must be filed with their answer.
Conflicting certifications must be resolved by the assigned judge who determines the necessity of arbitration.

Rule 73: Appointment of Arbitrator

Parties can mutually agree on an arbitrator, whose consent must be documented through a written stipulation.
If no agreement is reached, the court clerk randomly appoints an arbitrator from an eligible list curated by the presiding judge.
Eligible arbitrators include active members of the State Bar of Arizona and others who consent to serve in the county.
An arbitrator must be appointed within 120 days after an answer is filed.

Rule 74: General Proceedings and Prehearing Procedures

Arbitrators possess powers such as administering oaths and determining evidence admissibility.
Initial disclosures must be made per Rule 26.1 unless parties agree otherwise.
Arbitration hearings are to be scheduled within 60 to 120 days of the arbitrator’s appointment.
The arbitrator makes all legal rulings except on specific motions, such as dismissals and sanctions.

Rule 75: Hearing Procedures

Parties are required to submit a joint prehearing statement outlining claims, witness lists, and estimated hearing durations 10 days before the hearing.
Evidence rules apply as per Arizona laws, with specific exemptions for certain documents deemed automatically admissible.
Failing to appear or participate in good faith at a hearing may result in a waiver of the right to appeal.

Rule 76: Posthearing Procedures

Arbitrators must issue decisions within 10 days following the hearing, returning any court files and notifying parties of the outcome.
Proposed awards and requests for costs and attorney's fees must be submitted within 15 days of the decision notification.
Arbitrators must comply with local rules if an award exceeds jurisdiction limits. Any objections to proposed awards must be filed within 15 days.### Arbitrator's Responsibilities
Within 10 days of reply deadline, the arbitrator must rule on objections and file a signed original award with the clerk.
Copies of the award must be mailed or delivered to all parties or their counsel on the same day.

Consequences of Award Filing Delays

If no award is filed within 75 days after a notice of decision, the notice itself becomes the arbitrator's award.
Prevailing parties must request any costs or fees by filing a motion to alter or amend the award within 90 days of the notice of decision.

Appeal Process

To appeal, a notice must be filed within 20 days after an award is filed or when a notice of decision becomes an award.
A deposit equal to one hearing day's compensation of the arbitrator or 10% of the amount in controversy is required at the time of filing the appeal notice.

Trial Upon Appeal

Appeals are treated as a de novo trial, meaning all issues are retried, and the arbitrator's findings are not binding.
Parties can waive the right to appeal by stipulating in writing before the entry of an award.

Discovery During Appeal

Any discovery conducted during arbitration can be used in the appeal.
Lists of witnesses and exhibits must be exchanged within specified timelines, with discovery extending 80 days post-appeal notice.

Financial Aspects of Appeal

The deposit can be refunded if the trial judgment is at least 23% more favorable than the arbitration award.
If the judgment is less favorable, the deposit will cover the arbitrator's compensation and costs associated with the appeal, including attorney and expert witness fees.

Arbitrator's Compensation

Arbitrators receive compensation not exceeding the statutory daily fee for services rendered.
Payment occurs only after an award or amended award addressing costs and fees has been filed or if parties agree to settle before dismissal.

Court's Referral of Actions

If the arbitrator fails to file an award or amended award within 170 days post-appointment or 110 days after a hearing, the clerk will refer the action to the assigned judge.
No further notice is required to dismiss the case if deadlines are not met after the notice of decision and no appeal is pending.

General Provisions

If there is a dispute, agreements or consents between parties or attorneys must be in writing, made orally in open court, or documented by a mediator/judicial officer.
No attorney or court officer involved in a case can act as a surety.
Unsigned declarations can be treated as sworn if they are signed under penalty of perjury with the proper wording and date.

Lost or Destroyed Records

Parties can file a motion to substitute a lost or destroyed court record by providing an accurate copy and proof of its accuracy.
If the court approves the copy, it replaces the original record; if not, the court may require further evidence to create an accurate copy.
The substituted copy must be filed with the clerk to have the same effect as the original record.

Clerk's Distribution of Records

Minute entries must be distributed by the clerk to all parties via U.S. mail, electronic mail, or attorney drop box.
Electronic distribution is complete when the document is sent to the provided email address.

Effective Date; Applicability

Newly adopted rules or amendments take effect as specified by the Supreme Court.
Newly effective rules govern actions started after their effective date and ongoing actions unless specified otherwise by the Supreme Court or if applying the rule is infeasible.

Juvenile Emancipation

Specific rules regarding juvenile emancipation can be found in Part V of the Rules of Procedure for the Juvenile Court.

Jurisdiction and Venue Unaffected

Current rules do not alter the jurisdiction or venue of superior courts for actions.

Forms

Appendix forms are adequate and demonstrate the simplicity and brevity intended by these rules.

Rule 80: General Provisions

Agreements or consents between parties or attorneys must be in writing, made orally in open court, or documented before a mediator with a proper record.
Attorneys and court officers cannot act as sureties in the actions they are involved with to maintain impartiality.
Unsigned declarations under penalty of perjury carry the same legal weight as sworn documents if they are dated, contain a declaration of truth, and include a signature.
If a court record is lost or destroyed, a party may file a motion to substitute it, requiring identification of the lost record and an accurate copy as evidence.
Upon verification of accuracy, the court can replace the lost record with the submitted copy, which then has the same effect as the original document.
The court clerk is responsible for distributing minute entries to all parties via mail, email, or attorney drop box and can also use electronic means for other documents.

Rule 81: Effective Date; Applicability

New rules or amendments become effective as specified by the Supreme Court.
The applicable date governs both new actions started after the rule's effective date and proceedings in ongoing actions unless stated otherwise by the Supreme Court or if applying the new rules would be unjust.

Rule 81.1: Juvenile Emancipation

Specific rules related to juvenile emancipation are outlined in Part V of the Rules of Procedure for the Juvenile Court.

Rule 82: Jurisdiction and Venue Unaffected

The established rules do not change or restrict the jurisdiction and venue of superior courts.

Rule 84: Forms

Forms provided in the Appendix comply with the rules and exemplify the straightforward nature intended by the regulations.

Termination of Parent-Child Relationship

Termination divests all legal rights, privileges, duties, and obligations between parent and child, except the child's right to inherit and receive support.
Inheritance and support rights can only be terminated through final adoption order.

Order of Protection

A verified petition for an order of protection can be filed for restraining acts of domestic violence.
If the victim is a minor, a parent or legal guardian must file the petition.
Courts across the state, regardless of the plaintiff or defendant's location, can issue or enforce these orders.

Petition Requirements

The petition must include the plaintiff's name, address (kept confidential), name and address of the defendant, specific incidents of domestic violence, and any ongoing legal actions between the parties.
Filing fees are not charged, and courts provide necessary forms without charge.

Court Review and Issuance

Courts review petitions and any supporting evidence to determine if there’s reasonable cause to believe that domestic violence may occur or has occurred within the last year.
If granted, the order may include specific prohibitions against the defendant, such as contacting the plaintiff or carrying firearms.

Conditions of Order

Courts can restrict defendants from residential proximity and grant exclusive possession of the residence to one party if there's a credible threat of physical harm.
Upon violation of the order, a peace officer may effectuate an arrest without a warrant if probable cause is established.

Service of the Order

Orders are served by law enforcement agencies based on the court that issued them, with priority for domestic violence cases.
Confirmation of service must be provided to the plaintiff promptly.

Duration and Renewal of Orders

An order of protection is effective upon service and expires two years later unless a request is made for modification or renewal.
Orders not served within one year expire automatically.

Enforcement Across Jurisdictions

Valid protection orders from other states or tribal courts are recognized and enforced as if they were issued in Arizona.
Such orders must uphold due process rights, ensuring the issuing court had proper jurisdiction.

Legal Proceedings

The superior court holds exclusive jurisdiction in cases where an action for maternity, paternity, annulment, or legal separation is ongoing between the parties.
A mutual order of protection may not be granted; instead, the courts may consolidate petitions from opposing sides for hearing.

Additional Provisions

Courts may provide information about emergency services and counseling available locally to both parties.
Legal representation and counsel are encouraged, with no fees imposed for related filings or appeals.

Legal Liability for Officers

A peace officer making an arrest under an order of protection is not liable for civil or criminal consequences if the arrest was made based on probable cause.
The suite of remedies provided under the order is in addition to other civil and criminal remedies available under Arizona law.### Protection Orders
Peace officers can rely on protection orders from other states, U.S. territories, or Indian tribes if received from any source.
Officers may depend on statements from victims regarding the order's validity and effectiveness.
Good faith enforcement of a protection order protects officers from civil or criminal liability.

Premarital Agreements

Must be in writing and signed by both parties; enforceable without consideration.
Takes effect upon marriage and can only be disputed if executed involuntarily or deemed unconscionable.
Courts may assess unconscionability based on lack of property disclosure or knowledge during execution.
Premarital agreements modifying or eliminating spousal support could lead to requirement for support if it affects eligibility for public assistance.

Scope of Premarital Agreements

Parties can contract regarding property rights and obligations, including management, disposition on separation, and modifications of spousal support.
Cannot adversely affect a child's right to support.

Amendment or Revocation of Agreements

After marriage, amendments or revocations of premarital agreements require written consent from both parties.

Community and Separate Property

Property acquired during marriage is generally community property, with exceptions for gifts or property acquired after a legal petition for dissolution or separation.
The filing for legal separation does not change previous community property status or management duties.

Separate Property Rights

A spouse's owned property prior to marriage or acquired by gift, descent, or devise during marriage remains separate property.
Property acquired post-petition is also classified as separate if the petition leads to dissolution or separation.

Management and Control of Property

Separate property management is under sole control of the respective spouse, while community property is jointly managed.
Whenever real property interests are involved, both spouses must consent for transactions.

Liabilities of Property

Separate property cannot be held liable for the other spouse's individual debts unless agreed otherwise.
Community property can be liable for separate debts incurred after a specified date, limited to the spouse's contribution to community property.

Legal Separation Findings

Decrees for legal separation require domicile status, irreparable marriage breakdown, and lack of objection from the other party.
Courts must organize provisions for decision-making, child support, and property disposition.

Allows parties to resolve all issues and initiate proceedings jointly without formal service of process if settled pre-litigation.
Filing fees are reduced, and final decrees are not entered sooner than 60 days from petition filing.

Preliminary Injunctions

Issued in marriage dissolution cases to prevent transferring, encumbering, or concealing community property.
Enjoins parties from interfering with the other and mandates maintaining insurance coverage.
Remains effective until the final decree or dismissal of the case, with contempt penalties for violation.

Court Procedures

Verified petitions for marriage dissolution need to include specific personal information and the details of the marriage and children.
Domestic violence victims are protected from disclosing their address in legal proceedings.
The court can join necessary parties in proceedings and must act on behalf of all required parties.### Judicial Interference and Injunctions
Disobedience to an injunction can lead to arrest and prosecution for interference with judicial proceedings.
A certified copy of the injunction must be registered with the local sheriff for enforcement action.
Certified copies of injunctions are presumed valid until a final decree of dissolution or legal separation is entered.

Arrest Procedures

Peace officers can arrest individuals with or without a warrant if probable cause exists regarding an offense.
Release procedures are not applicable for arrests made under this judicial interference clause.
Officers acting on probable cause are protected from civil or criminal liability during arrests.

Separation Agreements

Parties may create written separation agreements covering property disposition and maintenance, which are binding unless deemed unfair by the court.
Terms related to child support, legal decision making, and parenting time may not be modifiable in the absence of agreement.
The court must include enforceable terms in the decree of marriage dissolution, annulment, or separation to ensure compliance.

Property Disposition Guidelines

The court will assign sole and separate property to each spouse during property division in a marriage dissolution context.
Community property must be divided equitably regardless of marital misconduct.
Property acquired out-of-state can be regarded as community property if it meets specific conditions.

Maintenance and Support Guidelines

Spousal maintenance may be granted based on specific conditions such as lack of property or adequate employment skill.
The Supreme Court must establish guidelines to ensure maintenance awards are fair and practical.
The court considers multiple factors, including the marriage standard of living and ages of the spouses, in evaluating maintenance requests.

Maintenance Payment Processing

Maintenance or support payments are typically directed to a support payment clearinghouse for proper remittance.
Accurate records of payment obligations must be maintained by the court or clearinghouse.
Obligees must notify changes in residence or employment and face contempt for non-compliance.

Military Retirement Benefits

Federal disability benefits awarded to veterans are excluded from property considerations during divorce.
No compensatory awards are allowed for waivers related to military retired pay due to disability benefits.

Disposition of In Vitro Human Embryos

Courts decide the fate of in vitro embryos according to intending parent qualifications.
Disputes are resolved favoring the potential for embryos to develop to birth.
Non-awarded spouses have no parental rights unless they provided gametes and consent to parenthood.

Conclusion

Comprehensive legal provisions exist to manage disputes in marriage dissolution, enforce support obligations, and ensure fair property distribution.
Criteria for maintenance and property division are established to safeguard the interests of both parties involved.

Violation of Visitation or Parenting Time Rights

The court may find a parent in contempt if they refuse to comply with visitation or parenting time orders without good cause.
Possible court actions include ordering make-up visitation, parent education, family counseling, civil penalties up to $100 per violation, mediation, and any other order promoting the child’s best interests.
A hearing must take place within 25 days of the service of the violation petition.
The violating parent is responsible for court costs and attorney fees incurred by the non-violating parent.

Sanctions for Litigation Misconduct

Courts can impose sanctions for presenting false claims or knowingly accusing others of false claims.
Sanctions include awarding costs and reasonable attorney fees to the aggrieved party, and possibly additional financial penalties for economic losses caused by misconduct.
Courts may modify legal decisions related to parenting time if it serves the child's best interests.

Child Support Orders

Courts may order either or both parents to pay child support when necessary, beginning the first day of the month following order entry.
Payments must be made via cash or guaranteed forms if previous payments were dishonored.
If full support payments have been made for 24 months, the court may allow other accepted payment forms.
Courts must consider security for payments if income withholding does not ensure timely support.

Enforcement and Modification of Child Support

A child support order may be modified due to substantial and continuing changes in circumstances, including health insurance coverage changes.
The modification takes effect from the first day of the month following the notice of motion, unless otherwise ordered by the court.
Any petition challenging paternity can lead to termination of child support obligations if fraud or mistake is proven.

Child Support Arrearages

Parties can request reviews of support orders every three years or sooner if significant changes occur.
Unpaid support installments become enforceable as judgments by operation of law.
Defense against arrearages can be based on voluntary relinquishment of custody, assessed through evidence of domestic violence or parental kidnapping.
Child support orders automatically terminate if the obligee marries the obligor but does not affect arrearages accrued before marriage.

Income Withholding Orders

Limited income withholding orders can be issued for nonperiodic or lump sum payments owed to the obligor, detailing current support and arrearages.
Withholding orders must inform obligors of their rights to an administrative review.
Income withholding is automatically binding on employers and must transmit payments to the support payment clearinghouse within established timelines.

General Provisions

Child support obligations continue until specific events of emancipation occur, such as marriage, reaching 18 years, adoption, or death.
Judgment for support and associated costs is not subject to renewal and remains enforceable until fully paid.
Obligors must inform any changes in address to ensure proper payment delivery; otherwise, unassigned payments will be returned after 120 days.### Income Withholding and Support Enforcement
Employers or payors can withhold an additional 1perpayperiodor1 per pay period or 1perpayperiodor4 per month for compliance costs.
If the obligor's income doesn't meet support obligations, an income withholding order can be issued to a secondary employer.
Obligors, employers, or payors may request an administrative review of income withholding orders within ten days of notice.
Changes in income withholding do not modify existing support orders.

Termination of Income Withholding Orders

If all support obligations are fulfilled and parties agree, an order can be issued to terminate income withholding.
The department must send notice of termination within five business days.
Support obligations can also be terminated if all arrearages are satisfied or waived, with documentation provided.

Obligations of Employers and Payors

Employers cannot refuse to hire, discharge, or discipline an employee due to income withholding; doing so results in penalties.
Employers must notify the support payment clearinghouse if an employee’s income withholding ends.
Income withholding orders take precedence over other financial obligations and can be enforced in superior court.

Allocation of Payments for Child Support

Current child support must be prioritized before being applied to arrearages.
If an obligor owes support for multiple families, payments should be proportionally allocated based on the total child support obligation.

Notice and Compliance with Income Withholding Orders

Obligors are notified of income withholding orders and their rights to contest within ten days.
No more than half of an obligor's disposable income can be withheld, and certain exempt amounts must be paid to the obligor directly on payday.

Insurance Data Exchange and Compliance

Insurers can provide information about claimants who may owe arrearages to the department before making payments.
An insurance data match reporting system is established to align claimant information with those owing child support.
Insurers are immune from liability for reporting arrearages or for delays in claim payments due to compliance.

Scope of Child Support Limited Income Withholding Orders

Substantial claims can be subjected to income withholding orders but certain claims, like first-party property damages and healthcare-related payments, are exempt.
Insurers may only pay claim amounts after satisfying child support limited income withholding orders.

Legal Protections and Liabilities

Employers failing to comply with withholding orders may face contempt charges and be liable for unpaid amounts and legal costs.
Obligors must keep the support payment clearinghouse informed about changes in their residential and employment addresses to avoid contempt sanctions.### Claimant Types and Definitions
First-party claimants reside in the state where the claim is made.
Third-party claimants also reside in the state, concerning third-party claims.
Liability insurers are relevant when coverage is provided for third-party claims occurring in the state.
"Arrearage" signifies past due support payments required in Title IV-D cases.
A "Claimant" may be any individual making a claim under an insurance policy.

Enforcement of Support Orders

Support orders can be enforced via various remedies including lien, execution, attachment, and garnishment.
An affidavit regarding payments in default must accompany applications for enforcement.
State departments and political subdivisions are prohibited from charging fees for enforcing support orders.

Classification of Parental Support Payment Failures

Parents who knowingly fail to provide reasonable support for their minor children risk a class 6 felony charge.
Compliance with existing court orders serves as an affirmative defense, but inability to pay is not a viable defense if financial choices led to the situation.
Evaluations of the defendant's assets and efforts to secure income play a role in determining support payment failures.

Spousal Maintenance Obligations

Individuals failing to pay spousal maintenance under court orders face class 1 misdemeanor charges if they willfully ignore the terms.
Employers must comply with requests from child support enforcement agencies regarding support obligations.

Information Requirements for Child Support Enforcement

Employers and payors are required to provide relevant information about individuals obligated to pay support, including name, social security number, employment status, earnings, and more.
Requests for information are restricted until paternity is established and protected address information cannot be disclosed under specific court orders.

Priority of Child Support Actions

Actions for child support take precedence over other civil matters, with child support judgments prioritized.
Child support orders create automatic liens on obligors' properties to secure payment.

Child Support Overpayments

Obligor can seek reimbursement for overpayments once their obligation ends, requiring a court file within 24 months.
Successful reimbursement claims lead to a judgment against the obligee, which must be paid directly to the obligor.

Jurisdiction in Child Custody Matters

Initial child custody determinations can only be made in a state if it is the child's home state or if there are significant connections to the state.
Modifications to custody determinations require that the state has initially determined jurisdiction.

Emergency Jurisdiction in Child Custody

Temporary emergency jurisdiction is applicable when a child is threatened or abandoned, and requires immediate action.
Orders issued under emergency jurisdiction remain effective until a proper determination by an established jurisdiction occurs.

Inconvenient Forum

Courts can decline jurisdiction if another state is more suitable, considering factors like domestic violence, distance, and party circumstances.
A court's decision to stay proceedings hinges on the commencement of custody proceedings in a more appropriate state.

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Explore the intricate legal definitions of 'judgment' within the context of court rules. This quiz covers the requirements for finality in judgments, considerations for default judgments, and procedures upon a party's death. Test your understanding of the conditions under which judgments can be deemed final or not.