Recent

  • Show all results for ""
Arizona Rules of Family Law Procedure (Family Law)
1769 Questions
2 Views

Arizona Rules of Family Law Procedure (Family Law)

Created by
@SoftSchorl

Questions and Answers

What must occur if a judge becomes unavailable after being assigned to a case by agreement?

  • The judge must be replaced without any actions being taken.
  • The presiding judge has to hold a hearing before reassigning.
  • The parties can assert rights that existed prior to the judge's assignment. (correct)
  • The case must be dismissed immediately.

    • What is the time frame for a party to file an affidavit seeking a change of judge for cause after discovering grounds?

  • 30 days
  • 15 days
  • 5 days
  • 20 days (correct)

    • What must a party provide to request a protected address in court?

  • A personal affidavit outlining all possible harm scenarios
  • A written request similar to Form 15, Rule 97 (correct)
  • A sworn statement from a witness
  • An oral request

    • What determines if a party is entitled to a change of judge upon filing an affidavit?

    <p>The preponderance of the evidence</p> Signup and view all the answers

    In which scenario can the court deny a request for a protected address?

    <p>If there is no valid order of protection in effect</p> Signup and view all the answers

    What must happen after a party files an affidavit for a change of judge for cause?

    <p>Any other party may respond within 5 days</p> Signup and view all the answers

    What must a court do if it grants a request for a protected address?

    <p>No longer publicly disclose the person's address</p> Signup and view all the answers

    What is the first step a party must take to initiate a change of judge for cause?

    <p>File an affidavit citing grounds for the change</p> Signup and view all the answers

    According to the rules, how is the sufficiency of cause to believe determined?

    <p>By an objective standard</p> Signup and view all the answers

    What must occur if the court denies a request for a protected address?

    <p>The requesting party must include their address in future filings</p> Signup and view all the answers

    What is the purpose of the presiding judge's hearing regarding the affidavit for a change of judge?

    <p>To decide the validity of the claims made</p> Signup and view all the answers

    What is a requirement for the court to protect a party's address?

    <p>There must be a reasonable belief of potential harm</p> Signup and view all the answers

    What happens when the court receives mail for a protected address that is returned undelivered?

    <p>The court must note it in the court file</p> Signup and view all the answers

    If a named judge is the only judge in the county, what additional authority do they have when an affidavit for change of judge is filed?

    <p>They can perform the functions of the presiding judge.</p> Signup and view all the answers

    Under what condition can a court allow a party to appear telephonically at a non-evidentiary proceeding?

    <p>Only if all participants can hear each other.</p> Signup and view all the answers

    What must a party do to introduce documents during telephonic testimony?

    <p>Ensure the witness has the documents during the call.</p> Signup and view all the answers

    What is the maximum time frame a party has to file for a telephonic testimony request?

    <p>Within a reasonable time that allows for opposing party response.</p> Signup and view all the answers

    What must happen if an attorney wishes to withdraw from representation after a judgment has become final?

    <p>They need to provide notice to the client and all other parties.</p> Signup and view all the answers

    Which of the following conditions allows telephonic testimony during an evidentiary proceeding?

    <p>The testifying party can show the testimony will not substantially prejudice any party.</p> Signup and view all the answers

    What is meant by a 'good faith consultation certificate'?

    <p>A certification that parties attempted to resolve issues without opposition.</p> Signup and view all the answers

    When may a party or witness be allowed to testify telephonically according to the outlined criteria?

    <p>If they can demonstrate reasonable inability to attend.</p> Signup and view all the answers

    Which statement is correct concerning an attorney's duties after appearing as the attorney of record?

    <p>They must remain as attorney of record until relieved or substituted.</p> Signup and view all the answers

    What type of proceedings must meet the criteria for a party to appear telephonically?

    <p>Non-evidentiary proceedings as well.</p> Signup and view all the answers

    What condition does not require personal contact between parties due to domestic violence constraints?

    <p>If there is a history of domestic violence between them.</p> Signup and view all the answers

    What must happen to verify the accuracy of documents introduced during telephonic testimony?

    <p>The introducing party must affirm they are accurate copies.</p> Signup and view all the answers

    What should happen if a party wishes to withdraw after a trial setting is established?

    <p>They must file an official motion explaining their reasons.</p> Signup and view all the answers

    What is a primary duty of parties or counsel related to their cases?

    <p>To inform the court of their current mailing, email, and phone contact information.</p> Signup and view all the answers

    What must parties do regarding a pending dependency proceeding?

    <p>Notify the family division of the pending proceeding.</p> Signup and view all the answers

    What happens if legal decision-making or parenting time is referred to the family division?

    <p>The juvenile division will hear the issues until the dependency is resolved.</p> Signup and view all the answers

    Under what conditions can child support orders be modified during juvenile division proceedings?

    <p>The juvenile division may establish, suspend, modify, or terminate child support orders.</p> Signup and view all the answers

    What is required for a party to change a judge as a matter of right?

    <p>A written notice served to all parties and the judges involved.</p> Signup and view all the answers

    What must be included in a written notice for a change of judge?

    <p>The name of the judge to be changed and a statement of timeliness.</p> Signup and view all the answers

    When is a notice of a change of judge considered timely filed regarding a contested hearing?

    <p>At least 60 days before a scheduled contested hearing or trial.</p> Signup and view all the answers

    What is a potential consequence of a party waiving the right to change a judge?

    <p>The judge may proceed with the action after ruling on any contested issues.</p> Signup and view all the answers

    Which statement best describes the process if a judge is changed due to a timely notice?

    <p>The named judge may only issue temporary orders.</p> Signup and view all the answers

    What occurs if a notice of change of judge is improperly filed?

    <p>The judge may proceed with the action.</p> Signup and view all the answers

    What can be said about actions remanded from an appellate court regarding changes of judge?

    <p>The right to change a judge is renewed under specific conditions.</p> Signup and view all the answers

    What happens if two parties agree on a change of judge?

    <p>They may inform the court in writing about the agreement.</p> Signup and view all the answers

    When can a party file a notice for a change of judge without a time restriction?

    <p>When they have less than 5 days' notice of a proceeding or judge assignment.</p> Signup and view all the answers

    What is the status of child support orders in Title IV-D cases during juvenile division proceedings?

    <p>The juvenile division may make orders regarding child support arrears.</p> Signup and view all the answers

    Which is NOT a condition that validates waiver of the right to change a judge?

    <p>If the party participates in mitigation discussions.</p> Signup and view all the answers

    What must a party do if they wish to require compliance with the Arizona Rules of Evidence at a hearing?

    <p>File the notice at least 45 days before the hearing.</p> Signup and view all the answers

    In the absence of a timely notice under Rule 2(a), which of the following statements is true?

    <p>Certain rules of evidence do not apply.</p> Signup and view all the answers

    What is the definition of an 'Adult in Need of Protection' according to the Rule 3 definitions?

    <p>A person 18 years or older who requires a conservator.</p> Signup and view all the answers

    What happens if the local rules are inconsistent with the Arizona Rules of Family Law Procedure?

    <p>The Arizona Rules of Family Law Procedure apply.</p> Signup and view all the answers

    What type of evidence may be admitted without testimony about its authenticity according to Rule 2(c)?

    <p>A record of regularly conducted activity.</p> Signup and view all the answers

    Which of the following is NOT covered under the Arizona Rules of Evidence according to Rule 2(b)(1)?

    <p>Rule 703</p> Signup and view all the answers

    What is an Affidavit of Financial Information considered to be if admitted into evidence?

    <p>Direct evidence.</p> Signup and view all the answers

    When should a notice under Rule 2(a) be considered timely if a hearing is set with fewer than 60 days notice?

    <p>When filed within a reasonable time after notification.</p> Signup and view all the answers

    What is the primary function of a guardian as defined under Arizona law?

    <p>To make personal and financial decisions for another person.</p> Signup and view all the answers

    In the context of court procedures, what does 'in camera' refer to?

    <p>A confidential review of documents by a judicial officer.</p> Signup and view all the answers

    What is the role of a petitioner in a legal proceeding?

    <p>To file the initial petition in a legal case.</p> Signup and view all the answers

    What criteria must be met for a court to extend a specified time for action?

    <p>Good cause must be shown prior to or upon the deadline.</p> Signup and view all the answers

    Which of the following actions does NOT apply when consolidating cases under Arizona law?

    <p>Conducting only joint hearings without merging case numbers.</p> Signup and view all the answers

    What does the term 'sealing' refer to in legal documentation?

    <p>Restricting access to a court record by a clerk.</p> Signup and view all the answers

    Who qualifies as an 'incapacitated person' under Arizona law?

    <p>A person unable to make decisions due to mental or physical conditions.</p> Signup and view all the answers

    What must a party provide when filing a motion for an extension after the specified time has expired?

    <p>Demonstration of excusable neglect.</p> Signup and view all the answers

    What is indicated by a 'party' in the context of legal proceedings?

    <p>Any individual or entity involved in a legal pleading.</p> Signup and view all the answers

    In calculating time periods for legal proceedings, which day is excluded?

    <p>The day the act begins the period.</p> Signup and view all the answers

    What does 'Title IV-D' pertain to in Arizona?

    <p>Provisions for child support enforcement.</p> Signup and view all the answers

    Which of the following statements is true regarding a 'witness' in a legal setting?

    <p>A witness may provide evidence through various forms, including oral testimony.</p> Signup and view all the answers

    When consolidating cases, how are documents generally handled under Arizona law?

    <p>All filings must be submitted under the lowest case number.</p> Signup and view all the answers

    What is the purpose of a joint hearing under the consolidation rule?

    <p>To avoid delays and unnecessary costs in cases with commonalities.</p> Signup and view all the answers

    What is the time frame within which a court must transfer a case after a resolution management conference has been scheduled?

    <p>30 days</p> Signup and view all the answers

    What action must the court take before transferring a case to a proper venue?

    <p>Notify the parties of its intent and allow objections</p> Signup and view all the answers

    What is the consequence if a petitioner fails to pay the required fees after a change of venue is ordered?

    <p>The case will be dismissed without prejudice</p> Signup and view all the answers

    How many attorneys are permitted to examine a witness unless otherwise allowed by the court?

    <p>One attorney for each party</p> Signup and view all the answers

    What is the role of the court regarding time limits during proceedings?

    <p>Impose reasonable time limits appropriate to the proceedings</p> Signup and view all the answers

    What must a motion to supply an accurate copy of a lost or destroyed court record include?

    <p>Identification of the record and proof of accuracy</p> Signup and view all the answers

    What happens if the court determines that a submitted copy of a record may not be accurate?

    <p>The court may conduct further evidence gathering</p> Signup and view all the answers

    What is the preferred font for typed documents filed in court?

    <p>Times New Roman</p> Signup and view all the answers

    What is the minimum margin required at the top of the first page of a document?

    <p>2 inches</p> Signup and view all the answers

    How should footnotes in court documents be formatted?

    <p>In at least 13-point font</p> Signup and view all the answers

    In what format should electronically filed documents containing text be submitted?

    <p>Text-searchable.pdf</p> Signup and view all the answers

    What is required for a handwritten document submitted to the court?

    <p>It must be legible</p> Signup and view all the answers

    If a document exceeds the file size limits set by the court's electronic filing portal, what can be done?

    <p>Break it into multiple smaller files</p> Signup and view all the answers

    What must be included in the caption of every document filed with the court?

    <p>County, state, parties, and title of the document</p> Signup and view all the answers

    What is the standard page size for documents filed with the court?

    <p>Letter size (8 ½ by 11 inches)</p> Signup and view all the answers

    What can be done if a notarized document is filed electronically?

    <p>It must include the notarial officer's signature and certificate</p> Signup and view all the answers

    What is one possibility for documents that require bookmarks or hyperlinks?

    <p>They may include bookmarks and hyperlinks</p> Signup and view all the answers

    Which of the following statements is correct regarding electronically filed documents?

    <p>Attachments must be filed electronically if they are attached to the same submission</p> Signup and view all the answers

    Under what condition can the court appoint an advisor from a juvenile dependency roster?

    <p>If there is suspected child abuse or neglect.</p> Signup and view all the answers

    What must the court do before allowing a minor child to attend a legal proceeding?

    <p>Determine it is in the child's best interests.</p> Signup and view all the answers

    What is a requirement for the court when conducting interviews with children?

    <p>Special care must be taken to protect the child from embarrassment.</p> Signup and view all the answers

    Which rule is specifically about the recording and potential sealing of child interviews conducted by the court?

    <p>Rule 12.</p> Signup and view all the answers

    What is NOT one of the disclosures the court must make to the child during the interview?

    <p>That the child's statements are confidential.</p> Signup and view all the answers

    Which of the following is a condition under which the court may close the courtroom during family court proceedings?

    <p>To promote amicable settlement of the issues.</p> Signup and view all the answers

    What is the general rule regarding public access to family court proceedings?

    <p>Family court proceedings are presumptively open to the public.</p> Signup and view all the answers

    Which of the following correctly outlines the court’s authority regarding family court records?

    <p>The court may close or make records confidential if privacy interests outweigh public interest.</p> Signup and view all the answers

    What must the court consider when sealing a child's interview record?

    <p>Possible emotional harm to the child.</p> Signup and view all the answers

    What limits does the court have regarding an advisor's testimony?

    <p>The advisor may be called as a witness regardless of prior listing.</p> Signup and view all the answers

    Before the court conducts an in camera interview with a child, what must be ensured?

    <p>The questions must be suitable to the child's age and understanding.</p> Signup and view all the answers

    What differentiates court-appointed advisors from other third-party professionals in child interviews?

    <p>Advisors are excluded from being defined as 'court' during interviews.</p> Signup and view all the answers

    What happens if parties wish to prevent the court from sharing an interview record?

    <p>The parties may stipulate against sharing unless noted otherwise.</p> Signup and view all the answers

    What is one of the responsibilities of the court in questioning the child during an interview?

    <p>Ask questions that correspond with the child's developmental stage.</p> Signup and view all the answers

    What document must be submitted by an attorney who seeks to withdraw after a trial date is set?

    <p>A party's signed statement acknowledging awareness of the trial date</p> Signup and view all the answers

    What is required for the substitution of counsel within the same law firm?

    <p>A notice stating the names of the attorneys involved</p> Signup and view all the answers

    What limitation is placed on an attorney who undertakes a limited scope representation?

    <p>They may not represent the party in any matters outside the specified scope</p> Signup and view all the answers

    What is a condition under which the court may appoint a child's attorney?

    <p>The court deems the appointment appropriate for any reason</p> Signup and view all the answers

    In order for a child's attorney to be appointed, what qualification do they need?

    <p>Familiarity with the ABA Standards of Practice for Lawyers Representing Children</p> Signup and view all the answers

    Which of the following statements about a court-appointed advisor is true?

    <p>They must submit a report to the court</p> Signup and view all the answers

    What is NOT a requirement for the appointment order of a child's attorney?

    <p>Details about the attorney's prior cases</p> Signup and view all the answers

    What must a notice of limited scope representation include?

    <p>A statement about the specific matters for representation</p> Signup and view all the answers

    What type of contact is a child's attorney prohibited from making without authorization?

    <p>Ex parte contact with the court</p> Signup and view all the answers

    Which of the following can a court-appointed advisor NOT do?

    <p>Engage in discovery</p> Signup and view all the answers

    Under what condition can an attorney withdraw after trial proceedings have commenced?

    <p>If the attorney can demonstrate sufficient cause</p> Signup and view all the answers

    What must a child’s attorney have immediate access to according to the appointment order?

    <p>Any privileged or confidential information and records related to the child</p> Signup and view all the answers

    Which assertion about limited scope representation is true?

    <p>Service on an attorney constitutes effective service on the represented party</p> Signup and view all the answers

    What is required for a written verification to be considered valid?

    <p>It must be sworn before a notary public or authorized officer.</p> Signup and view all the answers

    Which of the following documents does NOT require a written verification?

    <p>A stipulation entered through conciliation services.</p> Signup and view all the answers

    What must accompany a document if it is submitted with alternative verification?

    <p>A photocopy of the filer's government-issued ID.</p> Signup and view all the answers

    When can court records be sealed or redacted?

    <p>When there exist overriding interests justifying the action.</p> Signup and view all the answers

    What is the primary condition for accessing sealed court records?

    <p>A specific court order must be obtained.</p> Signup and view all the answers

    What must happen for a sealed court record to be unsealed?

    <p>A motion must be filed and served to all parties.</p> Signup and view all the answers

    What information must be redacted from a driver's license before submitting it for verification?

    <p>Any protected address and sensitive data.</p> Signup and view all the answers

    What is the requirement for an unsworn declaration to be valid?

    <p>It should be formatted in a specific way including a signature.</p> Signup and view all the answers

    What condition allows the court to waive service requirements for unsealing records?

    <p>If the movant shows good faith efforts to locate a party.</p> Signup and view all the answers

    Who is primarily responsible for retaining the official verbatim recording of court proceedings?

    <p>The certified reporter who recorded it.</p> Signup and view all the answers

    Which of the following options is an acceptable affirmation in place of an oath?

    <p>A solemn affirmation that serves the same purpose.</p> Signup and view all the answers

    What is required for the court to order the sealing of files and records?

    <p>Written findings of fact and conclusions must be entered by the court.</p> Signup and view all the answers

    What is the consequence if a party opposes a motion to unseal records?

    <p>They must explain why overriding circumstances exist.</p> Signup and view all the answers

    What applies when a local rule is inconsistent with the Arizona Rules of Family Law Procedure?

    <p>Arizona Rules will apply</p> Signup and view all the answers

    What must a party do to require compliance with the Arizona Rules of Evidence at a hearing or trial?

    <p>File a notice 45 days before the hearing</p> Signup and view all the answers

    Which of the following statements is true if no timely notice under Rule 2(a) is filed?

    <p>Only certain rules of evidence become inapplicable</p> Signup and view all the answers

    What is required for a record of regularly conducted activity to be admitted into evidence without testimony?

    <p>It must be relevant, reliable, and timely disclosed</p> Signup and view all the answers

    What defines an 'Adult in Need of Protection' according to the rules?

    <p>A person appointed a conservator by the court</p> Signup and view all the answers

    What is the consequence of filing a notice for a change of judge too late?

    <p>The party may lose the right to change judges</p> Signup and view all the answers

    What type of evidence may be considered without a custodian's testimony according to Rule 2(c)?

    <p>Records of regularly conducted activity</p> Signup and view all the answers

    What is the effect of filing the Affidavit of Financial Information?

    <p>It may be used as evidence if admitted by the court</p> Signup and view all the answers

    What may a party assert if a judge becomes unavailable after being assigned by agreement?

    <p>Rights that existed before the assignment to that judge</p> Signup and view all the answers

    What must a party seeking a change of judge for cause do within 20 days of discovering grounds?

    <p>File an affidavit and serve it to relevant parties</p> Signup and view all the answers

    What is the presiding judge's responsibility after an affidavit for a change of judge for cause is filed?

    <p>Hold a hearing or decide based on filed documents</p> Signup and view all the answers

    Which of these is a requirement for a party to request a protected address?

    <p>There must be a reasonable belief of potential harm</p> Signup and view all the answers

    What happens if the court denies a request for a protected address?

    <p>The party's address must be included in all filings</p> Signup and view all the answers

    What is the required action if a court grants a protected address request?

    <p>The clerk will not publicly disclose the protected address</p> Signup and view all the answers

    What determines if grounds for disqualification of a judge are sufficient?

    <p>An objective standard must be applied</p> Signup and view all the answers

    How long does the court have to rule on an address protection request?

    <p>Not later than 5 days after the request is filed</p> Signup and view all the answers

    Which is true if the presiding judge is the only one in the county and an affidavit is filed?

    <p>This judge can also perform functions of the presiding judge</p> Signup and view all the answers

    What must a party do after the court orders an address to be protected?

    <p>Provide the clerk with a current mailing address</p> Signup and view all the answers

    Which is a correct statement on the filing of an affidavit for cause?

    <p>The named judge must take no action whatsoever</p> Signup and view all the answers

    What is the role of the court if it finds grounds for disqualification in a change of judge request?

    <p>To promptly reassign the action to a new judge</p> Signup and view all the answers

    What must accompany a request for a protected address?

    <p>A proposed order for protection</p> Signup and view all the answers

    What may the juvenile division do if they determine changes to legal decision-making or parenting time are necessary?

    <p>Refer the matter to the family division for further proceedings.</p> Signup and view all the answers

    What must occur for a child support order to be modified during a dependency in the juvenile division?

    <p>The juvenile division must have jurisdiction.</p> Signup and view all the answers

    What must a party include in a written notice of change of judge?

    <p>The name of the judge being changed.</p> Signup and view all the answers

    If a party wishes to change a judge and the notice is timely, which of the following is expected?

    <p>The judge should proceed no further except for temporary orders.</p> Signup and view all the answers

    What time frame allows a party to file a notice for change of judge within 60 days of a contested hearing or trial?

    <p>Within 10 days after receiving notice of the new judge assignment.</p> Signup and view all the answers

    What happens if a party receives less than 5 days' notice of a proceeding?

    <p>The party can file a notice anytime before the proceeding starts.</p> Signup and view all the answers

    Which of the following is NOT a condition that validates the waiver of the right to change a judge?

    <p>The party was absent during the proceedings.</p> Signup and view all the answers

    Which statement accurately describes the consequences of an improper notice of change of judge?

    <p>The judge may continue to preside over the action.</p> Signup and view all the answers

    In actions that are remanded from an appellate court, what occurs regarding the right to change a judge?

    <p>The right to change a judge is renewed.</p> Signup and view all the answers

    What procedural requirement must a party follow to change a judge by written notice?

    <p>Serve notice to all involved parties and relevant court officials.</p> Signup and view all the answers

    What occurs if a judge is the only judge available in the county after a notice of change is filed?

    <p>The judge may reassign the case to themselves.</p> Signup and view all the answers

    Under what circumstance can a party file for a change of judge without time restrictions?

    <p>If less than 5 days' notice was received regarding the judge's assignment.</p> Signup and view all the answers

    During juvenile division proceedings, which of the following is true regarding child support orders in Title IV-D cases?

    <p>They are governed by different regulations regarding modification.</p> Signup and view all the answers

    What is required of a party seeking a change of judge under Rule 6?

    <p>A timely notice must be filed unless a waiver occurs.</p> Signup and view all the answers

    What defines a guardian in Arizona law?

    <p>A person appointed under Titles 8 or 14 of the Arizona Revised Statutes.</p> Signup and view all the answers

    What does 'in camera' refer to in a legal context?

    <p>A private, in-chambers review by a judicial officer.</p> Signup and view all the answers

    Who can be considered a party in a legal pleading?

    <p>Any individual, private entity, or public entity designated in a pleading.</p> Signup and view all the answers

    What is a 'pleading' as defined in Arizona's rules?

    <p>A document filed under specified legal rules.</p> Signup and view all the answers

    What does 'sealing' a record entail?

    <p>Restricting access to a record.</p> Signup and view all the answers

    Under what circumstances can the court extend the time to act?

    <p>For good cause shown, with or without motion or notice.</p> Signup and view all the answers

    What must happen if the court consolidates cases?

    <p>All filing must continue under the controlling case number.</p> Signup and view all the answers

    What typically occurs when a party acts under Rule 43(b)(2)(C) or (D)?

    <p>Five calendar days are added to the specified time period.</p> Signup and view all the answers

    Which situation does NOT permit a case to be consolidated?

    <p>Cases involving a pending order of protection.</p> Signup and view all the answers

    What is defined as an 'incapacitated person' in Arizona law?

    <p>A person who is unable to provide for their personal care or financial needs.</p> Signup and view all the answers

    Which document outlines the requirements for a guardian ad litem?

    <p>The Arizona Revised Statutes.</p> Signup and view all the answers

    Which of the following is a condition for the court to consider a motion for extension of time?

    <p>The request can be based on a claim of excusable neglect.</p> Signup and view all the answers

    What is the role of Title IV-D in Arizona?

    <p>To manage child support services.</p> Signup and view all the answers

    What is the primary function of a witness in legal proceedings?

    <p>To offer testimony under oath or affirmation.</p> Signup and view all the answers

    What must occur before a court orders a transfer of venue?

    <p>The court must provide notice of intent to transfer and allow objections.</p> Signup and view all the answers

    What is the consequence if a petitioner fails to timely pay the transmittal fee after a change of venue is ordered?

    <p>The court may dismiss the case without prejudice.</p> Signup and view all the answers

    What is expected from all participants during court proceedings according to the guidelines?

    <p>To maintain orderly and dignified conduct throughout the proceedings.</p> Signup and view all the answers

    How long does a petitioner have to pay the initial case filing fee after the clerk of the receiving court gets the file?

    <p>30 days</p> Signup and view all the answers

    Which statement is true regarding the examination of witnesses during court proceedings?

    <p>Only one attorney for each party may examine a witness unless permitted otherwise.</p> Signup and view all the answers

    What must a party provide when an attorney seeks to withdraw after a trial date is set?

    <p>A signed statement acknowledging the trial date</p> Signup and view all the answers

    What is necessary for substituting counsel within the same firm?

    <p>Written notice to the court and consent from the represented party</p> Signup and view all the answers

    Which of the following is NOT a requirement for an attorney to represent a child?

    <p>Being appointed by a state or county-funded juvenile dependency roster</p> Signup and view all the answers

    What must the appointment order for a child’s attorney include?

    <p>The duration and reasons for the appointment</p> Signup and view all the answers

    In the context of limited scope representation, what does service on the attorney constitute?

    <p>It serves as service on the represented party for all matters</p> Signup and view all the answers

    What may a court-appointed advisor not do during the proceedings?

    <p>Make opening statements</p> Signup and view all the answers

    What is a requirement for the notice of limited scope representation?

    <p>Must be in a form substantially similar to a specified form</p> Signup and view all the answers

    What happens after an attorney completes their representation under a limited scope?

    <p>They may withdraw from the action as provided by rule</p> Signup and view all the answers

    Which of the following statements about court-appointed advisors is true?

    <p>They cannot engage in ex parte communication without authorization.</p> Signup and view all the answers

    What is NOT included in the appointment order for a child's attorney?

    <p>Specific training or background of the attorney</p> Signup and view all the answers

    Which aspect must be affirmed in the notice of substitution when substituting counsel?

    <p>That the substitute attorney has made arrangements for upcoming dates</p> Signup and view all the answers

    What does a party need to demonstrate for an attorney's withdrawal to be granted after trial is scheduled?

    <p>A justifiable reason for withdrawal</p> Signup and view all the answers

    What must an attorney do when substituting or associating with another attorney within the same firm?

    <p>File a notice of substitution</p> Signup and view all the answers

    Which of the following is NOT a requirement for a written verification?

    <p>It can be oral during a court hearing.</p> Signup and view all the answers

    What must accompany a document that requires a verification if notarization is not used?

    <p>A photocopy of the filer's driver license.</p> Signup and view all the answers

    What is a requirement for sealing court records?

    <p>The motion must be served on all parties.</p> Signup and view all the answers

    Under what condition can a sealed record be unsealed?

    <p>When all parties stipulate.</p> Signup and view all the answers

    What must be demonstrated by a party opposing a motion to unseal a court record?

    <p>The overriding circumstances still exist.</p> Signup and view all the answers

    What format is required for an unsworn declaration under penalty of perjury?

    <p>The declaration must contain the statement of truth and signature.</p> Signup and view all the answers

    What is a characteristic of the alternatives provided by Rule 14 for verification?

    <p>Sensitive data must be redacted from ID documentation.</p> Signup and view all the answers

    Which of the following is a necessary step when requesting to seal court records?

    <p>Entering written findings of fact.</p> Signup and view all the answers

    What option is available for court records if they are lost or destroyed?

    <p>A motion to substitute must be filed.</p> Signup and view all the answers

    How is access to sealed court records controlled?

    <p>Public access requires a court order.</p> Signup and view all the answers

    Which of the following statements about the retention of court recordings is correct?

    <p>Recording must be kept by a court-designated custodian.</p> Signup and view all the answers

    What is required of the court when handling an unsworn declaration?

    <p>The declaration should affirm the contents are true.</p> Signup and view all the answers

    What criteria must be met for the court to justify sealing or redacting records?

    <p>Existence of an overriding interest.</p> Signup and view all the answers

    What must a party include in a motion to supply the court with an accurate copy of a lost or destroyed record?

    <p>An accurate copy of the record</p> Signup and view all the answers

    What happens if the court determines that the submitted copy of a record is not accurate?

    <p>Further evidence may be requested</p> Signup and view all the answers

    Which of the following is NOT a document format requirement mentioned?

    <p>Documents must be filed electronically only</p> Signup and view all the answers

    Under what circumstances can the court appoint a court-appointed advisor from a juvenile dependency roster?

    <p>When the court finds the child may be a victim of abuse or neglect</p> Signup and view all the answers

    What is the minimum left-hand margin required for each page of a document?

    <p>1 inch</p> Signup and view all the answers

    What type of fonts are discouraged in typed documents filed with the court?

    <p>Sans serif fonts</p> Signup and view all the answers

    What must occur for a minor child affected by a legal proceeding to attend the court session?

    <p>The court must grant prior permission for attendance</p> Signup and view all the answers

    Which of the following formats is preferred for electronically filed documents containing text?

    <p>.pdf</p> Signup and view all the answers

    Which of the following is required if the court conducts an in camera interview with a child?

    <p>The court must take special care to protect the child from embarrassment</p> Signup and view all the answers

    What is the required format for a proposed order filed electronically?

    <p>Must permit modifications</p> Signup and view all the answers

    What is a reason the court may close a courtroom during family court proceedings?

    <p>To protect the best interests of a minor child</p> Signup and view all the answers

    What is the minimum required top margin on the first page of a document?

    <p>2 inches</p> Signup and view all the answers

    What must the court do if a party requests to record an interview conducted with a child?

    <p>Make the recording available 14 days prior to hearing</p> Signup and view all the answers

    Which option correctly describes the treatment of a scanned copy of an official record during electronic filing?

    <p>It must contain the court's seal to be valid</p> Signup and view all the answers

    How should the court inform a child about the process of legal decision-making during interviews?

    <p>In an age-appropriate manner</p> Signup and view all the answers

    What is mandated regarding the documentation of in camera interviews with children?

    <p>The interview must be recorded unless otherwise stipulated</p> Signup and view all the answers

    What is required if a party wishes to file a notarized document electronically?

    <p>The notarized document must contain specific signatures and certification</p> Signup and view all the answers

    In the context of electronically filed documents, what is a bookmark?

    <p>A linked reference to another page within the same document</p> Signup and view all the answers

    What must be demonstrated for the courtroom to be closed to the public?

    <p>Closure is necessary to promote the child's best interests</p> Signup and view all the answers

    What is the maximum file size limit for documents filed electronically?

    <p>It varies depending on the court's electronic filing portal</p> Signup and view all the answers

    Which of the following factors is not considered when determining if a child should attend a court proceeding?

    <p>The child's relationship with the parties involved</p> Signup and view all the answers

    How must documents be formatted in terms of text spacing?

    <p>Double-spaced</p> Signup and view all the answers

    What must be included in the advisor's recommendations regarding a child's best interests?

    <p>Consideration of applicable statutory factors</p> Signup and view all the answers

    What restrictions apply to the recording of interviews by the court?

    <p>The court must record in camera interviews unless parties agree otherwise</p> Signup and view all the answers

    If a party uses fictitious names in their documents, what must happen when the true name is discovered?

    <p>The pleading must be amended</p> Signup and view all the answers

    Which precaution must the court take when conducting interviews with children?

    <p>Ask questions according to the child's age and intellectual capacity</p> Signup and view all the answers

    When is the court allowed to seal the record of a child’s interview?

    <p>For good cause after considering the child's best interests</p> Signup and view all the answers

    In conducting interviews with minors, what must the court disclose?

    <p>The potential consequences of the information shared</p> Signup and view all the answers

    What must the court do if a party fails to receive a recording of an interview before the relevant hearing?

    <p>The court must find good cause for delay in the record request</p> Signup and view all the answers

    Under what conditions can a court permit a witness to testify telephonically during an evidentiary proceeding?

    <p>If the witness has no other means of attending in person.</p> Signup and view all the answers

    What is the responsibility of parties or counsel regarding their contact information?

    <p>To keep the court informed of their current contact details.</p> Signup and view all the answers

    What must a party do if they wish to present documents during telephonic testimony?

    <p>Make a good faith effort to contact the opposing party to identify exhibits in advance.</p> Signup and view all the answers

    What is required for an attorney to formally withdraw from a case after a final judgment?

    <p>Filing a notice of withdrawal that includes the client's address and phone number.</p> Signup and view all the answers

    What must accompany a motion to withdraw as attorney of record if the client approves the motion?

    <p>A proposed written order.</p> Signup and view all the answers

    When can a party request a good faith consultation certificate?

    <p>When attempting to resolve an issue without court intervention.</p> Signup and view all the answers

    What is NOT a condition that allows for telephonic appearances during non-evidentiary proceedings?

    <p>The judge must be physically present.</p> Signup and view all the answers

    What is the main duty of parties or counsel in relation to their cases?

    <p>To know the status of their cases.</p> Signup and view all the answers

    In which situation is a party allowed to appear telephonically at a non-evidentiary proceeding?

    <p>If every person involved is audible to each other.</p> Signup and view all the answers

    What action must a party take if they want to testify telephonically?

    <p>Submit a request with ample time for the opposing party to respond.</p> Signup and view all the answers

    What must an attorney do to withdraw from representation if the client cannot be notified?

    <p>Provide proof of previous contact attempts.</p> Signup and view all the answers

    What must an attorney do after they have withdrawn from representation?

    <p>Serve their client with a copy of the withdrawal notice.</p> Signup and view all the answers

    What does the term 'telephonic' include according to the outlined rules?

    <p>Voice calls and videoconferencing.</p> Signup and view all the answers

    Which of the following must be demonstrated for a good faith consultation certificate?

    <p>The parties must meet in person.</p> Signup and view all the answers

    What is the impact of filing a notice under Rule 2(a)?

    <p>Specific Arizona Rules of Evidence are enforced.</p> Signup and view all the answers

    What happens if no timely notice is filed under Rule 2(a)?

    <p>Certain Arizona Rules of Evidence do not apply.</p> Signup and view all the answers

    Which definition describes an 'Adult in Need of Protection'?

    <p>A person 18 or older possibly requiring protective orders.</p> Signup and view all the answers

    What must a party do to introduce a record of regularly conducted activity into evidence?

    <p>Ensure it is relevant, reliable, and disclosed timely.</p> Signup and view all the answers

    Which of the following statements about local rules is correct?

    <p>State rules apply if local rules are inconsistent.</p> Signup and view all the answers

    What type of affidavit may be considered as evidence according to Rule 2(d)?

    <p>Affidavit of Financial Information.</p> Signup and view all the answers

    What is required for a notice under Rule 2(a) to be considered timely?

    <p>It must be filed within a reasonable time after notification.</p> Signup and view all the answers

    According to the Arizona Rules of Family Law Procedure, which rule is applicable when civil rules are not directly incorporated?

    <p>Case law interpreting civil rules will apply.</p> Signup and view all the answers

    What is the role of a guardian as defined under Arizona law?

    <p>To manage financial affairs for individuals in incapacity</p> Signup and view all the answers

    What does 'in camera' refer to in legal proceedings?

    <p>A private review by a judicial officer of a document</p> Signup and view all the answers

    Which definition aligns with an 'incapacitated person' under A.R.S. § 14-5101?

    <p>A person who is unable to make their own decisions</p> Signup and view all the answers

    What does the term 'pleading' refer to in legal context?

    <p>A document filed with the court under specific rules</p> Signup and view all the answers

    Which entity can be designated as a 'party' in legal proceedings?

    <p>Any organization, whether private or public</p> Signup and view all the answers

    What action is referred to as 'sealing' in legal terms?

    <p>Restricting access to a court record</p> Signup and view all the answers

    What is a 'witness' defined as in a legal context?

    <p>A person providing testimony under oath or affirmation</p> Signup and view all the answers

    What is the outcome if the juvenile division determines a change in legal decision-making or parenting time is appropriate?

    <p>The matter is referred to the family division.</p> Signup and view all the answers

    When calculating time for legal deadlines, which day is excluded?

    <p>The day of the act or event that starts the period</p> Signup and view all the answers

    What must happen if the court consolidates multiple cases?

    <p>All filings are filed under the first-filed case number</p> Signup and view all the answers

    During dependency proceedings in the juvenile division, what can be done regarding child support orders?

    <p>They can be suspended, modified, or terminated.</p> Signup and view all the answers

    Which condition must be met for a court to extend the time for an action to occur?

    <p>Good cause is shown for the extension</p> Signup and view all the answers

    What must a party include in a written notice to change a judge?

    <p>Name of the judge to be changed.</p> Signup and view all the answers

    What time frame is required for a party to file a notice for a change of judge at least 60 days before a contested hearing?

    <p>60 days</p> Signup and view all the answers

    What happens if a document is required to be reviewed 'in camera'?

    <p>The document is submitted directly to the judge without other parties seeing it</p> Signup and view all the answers

    What occurs if a party has less than 10 days' notice of a new judge assignment?

    <p>They must file a notice before the proceeding.</p> Signup and view all the answers

    In the context of family law proceedings, who must be the designated party if a petition is filed?

    <p>The petitioner</p> Signup and view all the answers

    In what situation can a party change a judge without a time limit?

    <p>If the right to change is renewed based on appellate court mandates.</p> Signup and view all the answers

    What must a court avoid when consolidating cases involving a minor child's best interests?

    <p>Consolidating with cases involving orders of protection</p> Signup and view all the answers

    What happens if a notice of change of judge is improperly filed?

    <p>The judge may proceed with the action.</p> Signup and view all the answers

    What must occur to validate a party's waiver of the right to change a judge?

    <p>The party must agree to the judge's assignment.</p> Signup and view all the answers

    What does the juvenile division do regarding established child support orders during proceedings?

    <p>It can establish, suspend, modify, or terminate them.</p> Signup and view all the answers

    What is the overall entitlement a party has regarding changing judges?

    <p>Each party is entitled to a change of judge as a matter of right.</p> Signup and view all the answers

    What happens if a name of the judge remains unchanged after a party's notice?

    <p>The case may proceed only with temporary orders.</p> Signup and view all the answers

    What is required from a party when seeking a change of judge through oral notice?

    <p>It must carry the same information as a written notice.</p> Signup and view all the answers

    Which of the following best describes the role of the presiding judge in the case of a change of judge request?

    <p>They oversee the process if the notice is timely.</p> Signup and view all the answers

    Under what condition can an attorney withdraw from representation after a trial date has been set?

    <p>If the attorney provides a good cause for withdrawal</p> Signup and view all the answers

    What must be included in the notice when substituting an attorney?

    <p>The substituting attorney's address and email</p> Signup and view all the answers

    What is a requirement for a limited scope representation attorney regarding service?

    <p>Service on the attorney constitutes effective service on the party</p> Signup and view all the answers

    What qualification is necessary for an attorney appointed to represent a child?

    <p>Training in family law case representation</p> Signup and view all the answers

    What must the court do before ordering a transfer of the case?

    <p>Notify the parties and allow 10 days for objections</p> Signup and view all the answers

    Which of the following is NOT allowed for a court-appointed advisor?

    <p>Making opening and closing statements</p> Signup and view all the answers

    What happens if the petitioner fails to pay either the transmittal fee or the filing fee within the specified time?

    <p>The court must dismiss the case without prejudice</p> Signup and view all the answers

    What must an appointment order for a child's attorney include?

    <p>The duration of the appointment</p> Signup and view all the answers

    How long does the court have to order a transfer after a resolution management conference has been scheduled?

    <p>30 days</p> Signup and view all the answers

    What action can an attorney undertake upon completing a limited scope representation?

    <p>Withdrawing from the action</p> Signup and view all the answers

    What is required of all participants during court proceedings according to the rules?

    <p>They must conduct themselves in an orderly and dignified manner</p> Signup and view all the answers

    Which of the following is a condition for appointing a best interests attorney for a child?

    <p>Whenever the court deems it appropriate</p> Signup and view all the answers

    What is the maximum time frame to pay the initial case filing fee after the receiving court gets the file?

    <p>30 days</p> Signup and view all the answers

    Which document must be filed if there is a change of counsel within the same firm?

    <p>A notice of substitution or association</p> Signup and view all the answers

    What type of access is authorized for an attorney representing a child?

    <p>Access to any privileged information about the child</p> Signup and view all the answers

    What is a primary task of an attorney appointed as a child's attorney?

    <p>To represent the child's interests in court</p> Signup and view all the answers

    What is one potential restriction on a court-appointed advisor?

    <p>May not submit reports</p> Signup and view all the answers

    When may the court deny a request to appoint a child's attorney?

    <p>If there is no evidence of abuse or neglect</p> Signup and view all the answers

    What must be included in the attorney's appointment order for them to have access to records?

    <p>Language allowing access to confidential information</p> Signup and view all the answers

    What may the court exclude a minor child from attending a proceeding?

    <p>If it is not in the child's best interests or may be disruptive</p> Signup and view all the answers

    Under what condition can a court appoint a court-appointed advisor from a juvenile dependency roster?

    <p>If the court finds potential for child abuse or neglect</p> Signup and view all the answers

    What must the court do regarding the recording of an in camera interview with a child?

    <p>Record it, unless stipulated otherwise in writing</p> Signup and view all the answers

    What is one of the restrictions placed on the public regarding family court proceedings?

    <p>Court may close proceedings to protect the child’s best interests</p> Signup and view all the answers

    What must the court do if a party requests access to the record of a child interview?

    <p>Provide the record at least 14 days before relevant hearings</p> Signup and view all the answers

    Which of the following must the court inform the child during an in camera interview?

    <p>The limitations on confidentiality of their communications</p> Signup and view all the answers

    How must the court conduct an interview to protect the child's dignity?

    <p>Use language appropriate to the child's age and capacity</p> Signup and view all the answers

    When may the court seal the record of a child's interview?

    <p>To limit access to sensitive information that could affect the child</p> Signup and view all the answers

    What must a motion to close the courtroom include?

    <p>Reason for closure emphasizing child protection</p> Signup and view all the answers

    Which of the following is NOT a condition for a court to conduct an interview with a minor in a dispute?

    <p>The child must attend every court hearing</p> Signup and view all the answers

    What is required for public access to family court records according to the rules?

    <p>Records may be deemed confidential based on parties’ privacy interests</p> Signup and view all the answers

    What is a key duty of the court when interviewing a child?

    <p>To protect the child from embarrassment and anxiety</p> Signup and view all the answers

    What general principle governs family court proceedings?

    <p>They are presumptively open to the public, but may be closed</p> Signup and view all the answers

    What should the court consider when determining if a child should be called as a witness?

    <p>The child's emotional maturity and comfort level</p> Signup and view all the answers

    What must occur before a minor child can attend proceedings involving legal decision-making?

    <p>The court must give prior permission</p> Signup and view all the answers

    What is required for an acceptance of service under Rule 40(f)(1)?

    <p>A written verification</p> Signup and view all the answers

    Which of the following documents do NOT require notarization when submitting an alternative verification?

    <p>A driver license photocopy</p> Signup and view all the answers

    What must be included in an unsworn declaration under penalty of perjury?

    <p>The declaration must be signed and dated</p> Signup and view all the answers

    What condition must be demonstrated to oppose a motion to unseal a court record?

    <p>A sufficient reason for sealing the record</p> Signup and view all the answers

    Which of the following is a requirement for sealing or redacting court records?

    <p>Written findings of fact and conclusions must be provided</p> Signup and view all the answers

    How is access to sealed court records generally handled?

    <p>Judicial officers can examine them only</p> Signup and view all the answers

    What must a motion to unseal a court record include?

    <p>Service on all parties involved</p> Signup and view all the answers

    What is the primary function of a written verification?

    <p>To provide a sworn statement of truthfulness</p> Signup and view all the answers

    When may the court appoint an interpreter according to the rules?

    <p>At the court's discretion regardless of case type</p> Signup and view all the answers

    What must happen to the original recording of a court proceeding as per the rules?

    <p>It must be retained indefinitely</p> Signup and view all the answers

    What is required for alternative verification of documents filed in court?

    <p>Photocopy of government-issued ID</p> Signup and view all the answers

    Which of the following describes a stipulation that does not require verification?

    <p>Any agreement entered in open court</p> Signup and view all the answers

    What must a party do before filing a document with alternative verification?

    <p>Redact all sensitive data from their ID</p> Signup and view all the answers

    When does the clerk's duty to protect an address end?

    <p>When the person submits a notice of published address.</p> Signup and view all the answers

    What does the term 'telephonic' encompass according to the outlined rules?

    <p>Any appearance or testimony provided via technology.</p> Signup and view all the answers

    Under which condition can a party testify telephonically at an evidentiary proceeding?

    <p>If they are not reasonably able to attend the hearing in-person.</p> Signup and view all the answers

    What must a party do to formally request telephonic testimony?

    <p>File a request that allows time for the opposing party to respond.</p> Signup and view all the answers

    Who is responsible for the costs related to a telephonic appearance?

    <p>The party requesting the telephonic appearance.</p> Signup and view all the answers

    What must parties or counsel keep updated for the court?

    <p>Contact details and status of their cases.</p> Signup and view all the answers

    What is required in a good faith consultation certificate?

    <p>It must demonstrate an attempt to resolve the issue through personal contact or by phone.</p> Signup and view all the answers

    What must happen if an attorney wishes to withdraw from representation post-judgment?

    <p>The attorney must submit a written motion and provide reasons for withdrawal.</p> Signup and view all the answers

    Which situation does not require personal contact between parties due to domestic violence constraints?

    <p>There is a history of domestic violence.</p> Signup and view all the answers

    What must be done to ensure the accuracy of documents introduced during telephonic testimony?

    <p>The introducing party must verify that they are accurate copies of what was provided.</p> Signup and view all the answers

    What is required in the notice of withdrawal when an attorney wishes to stop representation?

    <p>It must state that the attorney will no longer represent the client.</p> Signup and view all the answers

    What happens if the court permits a party to appear telephonically at a non-evidentiary proceeding?

    <p>All participants must be audible to each other.</p> Signup and view all the answers

    What should occur if a party requests telephonic testimony for a witness?

    <p>The requesting party should file a request allowing time for response from the opposing party.</p> Signup and view all the answers

    What should a party include in their request to testify telephonically?

    <p>The reasons why telephonic testimony is necessary for the case.</p> Signup and view all the answers

    What must parties do if no judge is agreed upon for an action?

    <p>Promptly reassign the action by the presiding judge.</p> Signup and view all the answers

    What is the sufficiency standard for grounds to believe in a disqualification case?

    <p>Based on an objective standard.</p> Signup and view all the answers

    Under what circumstance can a protected address be disclosed?

    <p>After a hearing finds no reason for protection.</p> Signup and view all the answers

    If a party wishes to claim a change of judge, what document must be filed?

    <p>An affidavit.</p> Signup and view all the answers

    What is the time limit for a party to file an affidavit for change of judge after discovering grounds?

    <p>20 days.</p> Signup and view all the answers

    What happens if the court denies a request for a protected address?

    <p>The party must include their address in all later filings.</p> Signup and view all the answers

    What is required for the court to rule on a protected address request?

    <p>The request must show potential harm.</p> Signup and view all the answers

    What must the presiding judge do after receiving a timely affidavit for change of judge?

    <p>Hold a hearing to determine issues raised.</p> Signup and view all the answers

    What must be included in a protected address request form submitted to the court?

    <p>The address on a separate sheet.</p> Signup and view all the answers

    What occurs if a judge named in an affidavit for cause is the only judge in the county?

    <p>The judge may perform functions of the presiding judge.</p> Signup and view all the answers

    What action is allowed in cases where a party's address is protected?

    <p>Delivering the document to the clerk for service.</p> Signup and view all the answers

    What is an essential step after a court grants a request for a protected address?

    <p>Public disclosure of protected address must cease.</p> Signup and view all the answers

    What can a party do if they believe a judge should be disqualified?

    <p>File an affidavit stating their grounds for change.</p> Signup and view all the answers

    What happens if service of a document to a protected address is returned as undelivered?

    <p>The clerk must note it in the court file.</p> Signup and view all the answers

    What must happen if the court finds grounds for disqualification of a judge?

    <p>The presiding judge must reassign the action promptly.</p> Signup and view all the answers

    What must be included in a motion to supply the court with an accurate copy of a lost or destroyed record?

    <p>Identification of the lost record and an accurate copy</p> Signup and view all the answers

    What occurs if the court finds that the substituted copy of a record is accurate?

    <p>The copy is substituted for the original record</p> Signup and view all the answers

    What is the minimum text size required for documents filed with the court?

    <p>13-point font</p> Signup and view all the answers

    What is NOT a requirement for the first page of a document filed with the court?

    <p>Court's official seal</p> Signup and view all the answers

    What type of document must be filed in text-searchable format?

    <p>Electronically filed documents containing text</p> Signup and view all the answers

    What should a margin at the top of the first page of a document filed with the court be, at a minimum?

    <p>2 inches</p> Signup and view all the answers

    What does a court do if it determines that the copy of the record may not be accurate?

    <p>It may take further evidence</p> Signup and view all the answers

    Which size pages are required for documents filed with the court?

    <p>8.5 by 11 inches</p> Signup and view all the answers

    What is required for handwritten documents filed with the court?

    <p>They must be legible</p> Signup and view all the answers

    Which fonts are preferred for typed documents filed with the court?

    <p>Garamond and Century</p> Signup and view all the answers

    What type of documents can be filed electronically without needing a physical copy?

    <p>Documents that are scanned and contain official seals</p> Signup and view all the answers

    What is a requirement for every typed document submitted to the court?

    <p>It must be single-sided</p> Signup and view all the answers

    What happens to a substituted copy upon filing with the clerk?

    <p>It is considered part of the official record</p> Signup and view all the answers

    When is a motion for reconsideration granted by the court?

    <p>Only after the court specifically requests a response from other parties</p> Signup and view all the answers

    What happens to the deadline for filing a notice of appeal when a motion for reconsideration is filed?

    <p>It remains unchanged regardless of the motion</p> Signup and view all the answers

    In what scenario will an extension of time for filing not be effective?

    <p>When the original deadline has already passed and not filed timely</p> Signup and view all the answers

    What is required to make an agreed extension effective?

    <p>A notice of the extension must be filed properly</p> Signup and view all the answers

    What is the limitation placed on a motion for reconsideration regarding oral argument?

    <p>The motion for reconsideration must not request oral argument</p> Signup and view all the answers

    What must a petition contain according to the requirements outlined?

    <p>A clear statement of the legal grounds for relief sought</p> Signup and view all the answers

    What is a consequence of not filing a required response to a petition?

    <p>A default judgment may be requested by the petitioner</p> Signup and view all the answers

    When is it permissible for a party to include claims for relief in a response?

    <p>In every response regardless of the allegation type</p> Signup and view all the answers

    What is the effect of including alternative statements of a claim in a pleading?

    <p>The pleading is sufficient if any one statement is adequate</p> Signup and view all the answers

    Which condition must be met for a response to be considered timely when served outside Arizona?

    <p>It must be filed within 30 days of service</p> Signup and view all the answers

    What should a party do if they lack sufficient knowledge to deny an allegation?

    <p>State their lack of knowledge which acts as a denial</p> Signup and view all the answers

    Which document must accompany a petition for annulment, dissolution of marriage, or legal separation?

    <p>A preliminary injunction and a summons</p> Signup and view all the answers

    If a party intends to deny only a part of an allegation, what must they do?

    <p>Admit the part that is true and deny the remainder</p> Signup and view all the answers

    What is the prescribed response time for a party who accepts service of a summons in Arizona?

    <p>20 days if accepted in Arizona</p> Signup and view all the answers

    What must a response to a pleading include?

    <p>Deny or admit the allegations and state defenses</p> Signup and view all the answers

    What must be true for a court to default a party who fails to file a timely response?

    <p>The party must have been served with the petition</p> Signup and view all the answers

    Which statement appropriately captures the essence of construing pleadings?

    <p>Pleadings must be read to do substantial justice</p> Signup and view all the answers

    Which of the following is true regarding the content of a response to a pleading?

    <p>Responses may contain both denials and admissions</p> Signup and view all the answers

    What must a petitioner provide to the court when filing an action described under Rule 23(b)(2)?

    <p>An order to appear similar to Form 13</p> Signup and view all the answers

    Under Rule 26, how should documents be signed if filed electronically?

    <p>By inserting '/s/' followed by the typed name</p> Signup and view all the answers

    What represents a certification made by an attorney or party upon signing a document?

    <p>That the factual contentions have evidentiary support</p> Signup and view all the answers

    What may happen if a document is signed in violation of Rule 26?

    <p>The court may impose sanctions</p> Signup and view all the answers

    What is required to amend a pleading as a matter of right according to Rule 28?

    <p>It can be done only before a responsive pleading is served</p> Signup and view all the answers

    What must the petitioner serve on each party entitled to service in actions for paternity or maternity?

    <p>A copy of the petition, summons, and any required notice</p> Signup and view all the answers

    How must a motion for sanctions be filed according to Rule 26?

    <p>As a separate filing from any other motions</p> Signup and view all the answers

    In the context of electronic filing, what does '/s/' signify?

    <p>A typed signature indicating self-representation</p> Signup and view all the answers

    Which action must a petitioner take according to Rule 27 before a scheduled hearing?

    <p>Complete service 20 days beforehand</p> Signup and view all the answers

    What must happen if a party seeks to sign for another party according to Rule 26?

    <p>The signing party must have evidence of authority to do so</p> Signup and view all the answers

    For what purpose may electronic signatures be necessary according to Rule 26?

    <p>To comply with electronic filing rules</p> Signup and view all the answers

    What is a requirement when consulting with the opposing party before filing a motion for sanctions?

    <p>Good faith consultation is required</p> Signup and view all the answers

    What is the legal term for the initial pleading that begins a family law case?

    <p>Petition</p> Signup and view all the answers

    What defines a signature made on behalf of another party according to Rule 26?

    <p>A formal agreement documented and executed</p> Signup and view all the answers

    Which of the following options is NOT a purpose of filing a petition under the rules outlined?

    <p>To transfer property ownership</p> Signup and view all the answers

    What does 'amending by leave of court' entail?

    <p>A party must obtain permission or agreement from all parties</p> Signup and view all the answers

    Which document must accompany a petition for legal separation according to the outlined rules?

    <p>Summons</p> Signup and view all the answers

    What is required for a petition related to establishing or modifying legal decision-making or parenting time?

    <p>Serving with an order to appear</p> Signup and view all the answers

    What action can a party take under A.R.S.§ 25-1040 regarding children?

    <p>Seek a court order for appearance</p> Signup and view all the answers

    What must be included when a party seeks to acknowledge paternity voluntarily?

    <p>Documents as listed in A.R.S.§ 25-812</p> Signup and view all the answers

    Which petition would be required for a party seeking to modify existing support under the statutes mentioned?

    <p>Petition to enforce, register, or modify support</p> Signup and view all the answers

    In the context of a foreign judgment, which action can a party initiate?

    <p>Petition for property disposition</p> Signup and view all the answers

    What must a party demonstrate when filing a motion to continue due to the unavailability of a witness?

    <p>The expected impact of the witness's availability on the trial outcome.</p> Signup and view all the answers

    In addressing scheduling conflicts between courts, which factor is NOT considered?

    <p>The personal preferences of the judges involved.</p> Signup and view all the answers

    What is required of parties before filing a motion to continue a trial?

    <p>Consultation with other parties regarding objections.</p> Signup and view all the answers

    What must be included in a motion as per the outlined rules?

    <p>Particular grounds for the motion and the relief sought.</p> Signup and view all the answers

    What must a court consider to resolve a scheduling conflict between cases?

    <p>Factors such as urgency and importance of each action.</p> Signup and view all the answers

    Which of the following actions may NOT be performed by a party in response to motions?

    <p>Filing a response longer than 17 pages.</p> Signup and view all the answers

    Under what circumstance does a party not need to consult other parties before filing a motion to continue?

    <p>When there is an enforceable protective order against communication.</p> Signup and view all the answers

    What might happen if a party fails to file a timely response to a motion?

    <p>The court may grant or deny the motion summarily.</p> Signup and view all the answers

    What must parties do regarding service of motions, responses, and replies?

    <p>Note the date and manner of service on each document.</p> Signup and view all the answers

    What must a party do when moving for leave to amend a pleading?

    <p>Attach a copy of the proposed amended pleading as an exhibit.</p> Signup and view all the answers

    In what circumstance can the court grant a waiver of rules regarding filing motions in open court?

    <p>If the motion is of an urgent nature.</p> Signup and view all the answers

    If a party's motion for leave to amend is granted, when must the amended pleading be filed?

    <p>Within 10 days after the entry of the order.</p> Signup and view all the answers

    What is the maximum length for a reply filed in response to a motion?

    <p>10 pages.</p> Signup and view all the answers

    Which of the following best describes the requirement for motions regarding good cause?

    <p>Specific circumstances causing the need for continuance must be documented.</p> Signup and view all the answers

    How is an amendment considered to relate back to the original pleading?

    <p>If it asserts a claim arising from the same conduct as the original.</p> Signup and view all the answers

    What does the Arizona Rule state regarding the filing of affidavits in support of motions?

    <p>Affidavits must be filed with the same timing as the motion.</p> Signup and view all the answers

    What can a party request regarding issues raised by implied consent at trial?

    <p>To amend the pleadings to conform to the evidence.</p> Signup and view all the answers

    What should a party do if a pleading is too vague or ambiguous?

    <p>Move for a more definite statement.</p> Signup and view all the answers

    Which of the following defenses may be raised at trial without a responsive pleading?

    <p>Any defense not requiring a responsive pleading.</p> Signup and view all the answers

    What must happen if a court orders a more definite statement and it is not obeyed?

    <p>The court may strike the pleading.</p> Signup and view all the answers

    What is the consequence of failing to include a defense listed in Rule 29(a)(2) through (5) in a responsive pleading?

    <p>The defense is waived.</p> Signup and view all the answers

    When can a party file a motion to strike a pleading or motion?

    <p>Before responding to the pleading or within 20 days after serving the pleading.</p> Signup and view all the answers

    What must a supplemental pleading set forth?

    <p>Any transaction or event occurring after the date of the original pleading.</p> Signup and view all the answers

    Under Rule 29, what is the timing for asserting a motion based on lack of subject-matter jurisdiction?

    <p>At any time.</p> Signup and view all the answers

    What is required if matters outside the pleadings are presented during a motion for judgment on the pleadings?

    <p>The motion must be treated as one for summary judgment.</p> Signup and view all the answers

    What must occur for a motion asserting any defense under Rule 29(a) to be valid?

    <p>It must be made before filing any responsive pleading.</p> Signup and view all the answers

    What type of legal action does filing a verified petition for annulment initiate?

    <p>Termination of a marriage</p> Signup and view all the answers

    Which of the following actions requires a petition to be served with an order to appear?

    <p>Enforcing a foreign judgment</p> Signup and view all the answers

    Under which section can a party file a petition for legal decision-making or parenting time?

    <p>A.R.S.§ 25-803(C)</p> Signup and view all the answers

    What is required for a party seeking to voluntarily acknowledge paternity?

    <p>Submitting documents listed in A.R.S.§ 25-812</p> Signup and view all the answers

    What must be included when filing a petition to enforce a legal decision-making order?

    <p>A summons and order to appear</p> Signup and view all the answers

    Which document is needed for initiating an action concerning the disposition of marital property under a foreign court's decree?

    <p>Filing a foreign judgment under A.R.S.§§ 12-1701 to -1708</p> Signup and view all the answers

    What type of action includes a petition for a remedy authorized by statute?

    <p>Petition for relief otherwise authorized by statute</p> Signup and view all the answers

    What is the primary purpose of a summons served with a petition under subparts (a)(1 through 7)?

    <p>To notify parties of their obligation to respond</p> Signup and view all the answers

    Under what circumstances is an extension of time not effective without court approval?

    <p>If the due date for filing has passed and the extension notice is not filed.</p> Signup and view all the answers

    What is a requirement for a motion for reconsideration to be granted?

    <p>It must allow all other parties the opportunity to respond.</p> Signup and view all the answers

    What is the effect of filing a motion for reconsideration on the deadline to file a notice of appeal?

    <p>It does not affect the appeal deadline at all.</p> Signup and view all the answers

    What signifies the effectiveness of an agreed extension of time?

    <p>It is effective upon filing a proper notice of extension unless disapproved by the court.</p> Signup and view all the answers

    What is prohibited when filing a motion for reconsideration according to the stated rules?

    <p>Requesting the court to provide an oral argument.</p> Signup and view all the answers

    What is the consequence of a party failing to file a required response to a petition?

    <p>The petitioner may request a default and obtain a default judgment.</p> Signup and view all the answers

    Which statement is true regarding the contents of a response to a pleading?

    <p>A response must include claims for relief.</p> Signup and view all the answers

    When is a party obligated to file a response in a new action under subpart (a)(8)?

    <p>When they are served with a petition to establish third-party rights.</p> Signup and view all the answers

    What is the maximum time frame for a respondent outside Arizona to file a response after being served?

    <p>30 days</p> Signup and view all the answers

    Which is true about a party who intends to deny part of an allegation?

    <p>They are required to admit the part that is true and deny the rest.</p> Signup and view all the answers

    What must a petition for annulment include when filed?

    <p>A preliminary injunction and a summons.</p> Signup and view all the answers

    How should a response be construed according to the rules?

    <p>To do substantial justice.</p> Signup and view all the answers

    What must a party who lacks sufficient knowledge to respond to an allegation state?

    <p>Their inability to form a belief serves as a denial.</p> Signup and view all the answers

    What is required for service of a summons and petition in Arizona?

    <p>The response must be filed within 20 days after service completion.</p> Signup and view all the answers

    Which of the following is a permissible type of response?

    <p>Counterclaims that contradict the original petition.</p> Signup and view all the answers

    What is the consequence of filing a late response to a petition?

    <p>The party may be defaulted under Rule 44.</p> Signup and view all the answers

    What must a respondent do if they accept service of summons and petition in Arizona?

    <p>File and serve a response within 20 days.</p> Signup and view all the answers

    What can a party do if they wish to assert multiple claims or defenses?

    <p>State as many claims or defenses as they have, regardless of consistency.</p> Signup and view all the answers

    What must a petitioner provide to the court when filing an action under Rule 23(b)(2)?

    <p>Two copies of an order to appear</p> Signup and view all the answers

    What is required for a document filed with the court to not be struck due to missing signatures?

    <p>The omission must be corrected promptly after it is called to the filer's attention</p> Signup and view all the answers

    Under what conditions may a person sign a document on behalf of another party?

    <p>If they have actual authority and provide proof</p> Signup and view all the answers

    What must be true for an attorney or party signing a document filed with the court?

    <p>It must not serve an improper purpose</p> Signup and view all the answers

    What must a moving party do before filing for sanctions under Rule 26?

    <p>Attempt to resolve the matter through good faith consultation</p> Signup and view all the answers

    What is the time frame for completing service of a petition before a scheduled hearing for actions described in Rule 23(b)(2)?

    <p>20 days before the hearing</p> Signup and view all the answers

    What can a court impose as a sanction for violating signature rules on filed documents?

    <p>An order to pay for reasonable expenses including attorney fees</p> Signup and view all the answers

    What kind of petition must serve a copy of a summons and preliminary injunction for paternity actions?

    <p>Petition for Paternity or Maternity</p> Signup and view all the answers

    When is a motion to amend pleadings generally permitted without needing leave from the court?

    <p>At any time before a responsive pleading is served</p> Signup and view all the answers

    What is required for a party who cannot amend their pleading under Rule 28(a)(1)?

    <p>A court order must be sought</p> Signup and view all the answers

    What is the specific duration for a party to amend a non-responsive pleading after it has been served?

    <p>20 days</p> Signup and view all the answers

    Which type of notice must accompany a motion for sanctions under Rule 26?

    <p>Written notice of the specific conduct that violates section (b)</p> Signup and view all the answers

    What does Rule 27 specify regarding service of a petition for a dissolution of marriage?

    <p>A copy of the petition, a summons, and a preliminary injunction must be served</p> Signup and view all the answers

    What happens if an unsigned document is filed with the court?

    <p>The court must strike it unless corrected after being alerted</p> Signup and view all the answers

    What must a party demonstrate when filing a motion to continue based on the unavailability of a witness?

    <p>The materiality of the witness's testimony and efforts made to obtain it.</p> Signup and view all the answers

    Which factor is NOT considered by judges in resolving scheduling conflicts between trials in different courts?

    <p>The number of trials handled by each judge.</p> Signup and view all the answers

    What is required before a party can file a motion to continue a trial?

    <p>Consultation with other parties and disclosure of any objections.</p> Signup and view all the answers

    How should motions, responses, and replies be submitted according to the specified requirements?

    <p>In a format not exceeding specified page limits and state service dates.</p> Signup and view all the answers

    What can result from a failure to comply with the procedural requirements outlined for filing motions?

    <p>The court may grant or deny the motion summarily.</p> Signup and view all the answers

    In trial scheduling conflicts, which of the following is a significant factor that courts may consider?

    <p>The specific type of cases involved, such as criminal or civil.</p> Signup and view all the answers

    What must be included in a motion if a party is requesting a continuance for good cause?

    <p>Details of the good cause and the circumstances leading to it.</p> Signup and view all the answers

    What should occur once a party files a motion and the opposing party responds within the allowed time frame?

    <p>A reply to the response may be filed, limited to new matters.</p> Signup and view all the answers

    Under what condition may a party or witness not be required to consult with other parties prior to a motion filing?

    <p>A court order exists prohibiting contact due to domestic violence.</p> Signup and view all the answers

    What is the consequence of not noting the manner of service on a motion or response?

    <p>It is presumed that the filing was handled by mail.</p> Signup and view all the answers

    What typically defines the structure of a motion filed by a party?

    <p>Motions must not exceed 17 pages unless directed by the court.</p> Signup and view all the answers

    What role may local rules play concerning scheduling conflicts between court divisions?

    <p>They may provide specific guidelines for navigating such conflicts.</p> Signup and view all the answers

    Which of the following actions is NOT a required factor in a motion for continuance based on scheduling conflicts?

    <p>Detailing any possible conflicts of interest.</p> Signup and view all the answers

    What determines if a party's request to extend filing deadlines will be honored?

    <p>The extension is subject to court approval.</p> Signup and view all the answers

    What must a party do when moving for leave to amend a pleading?

    <p>Attach the proposed amended pleading as an exhibit.</p> Signup and view all the answers

    What is the time frame for filing and serving an amended pleading after a motion for leave to amend is granted?

    <p>Within 10 days after the order is granted.</p> Signup and view all the answers

    What condition allows a court to permit amendments to pleadings during trial?

    <p>When objections are raised regarding the evidence presented.</p> Signup and view all the answers

    In what scenario does an amendment relate back to the date of the original pleading?

    <p>When it asserts a claim that arises from the original conduct set forth.</p> Signup and view all the answers

    What can a party do if a pleading is too vague or ambiguous?

    <p>Move for a more definite statement.</p> Signup and view all the answers

    What are the consequences of failing to assert certain defenses in the required time frame?

    <p>The party waives the listed defenses, except for lack of subject matter jurisdiction.</p> Signup and view all the answers

    What must happen if a motion for judgment on the pleadings is made?

    <p>It should not delay the trial process.</p> Signup and view all the answers

    What can a court do with an insufficient claim or defense in a pleading?

    <p>Strike the insufficient claim or defense from the pleading.</p> Signup and view all the answers

    What is not required for a supplemental pleading?

    <p>It must respond to the original pleading's claims directly.</p> Signup and view all the answers

    What type of motion must be heard before a trial if it raises defenses under Rule 29?

    <p>Any motion raising a defense listed in Rule 29(a)(2) through (5).</p> Signup and view all the answers

    What occurs when matters outside the pleadings are presented during certain motions?

    <p>It must be treated as a motion for summary judgment.</p> Signup and view all the answers

    What indicates that a party has waived certain defenses according to Rule 29?

    <p>Failing to assert it by motion or in a responsive pleading.</p> Signup and view all the answers

    What happens if an organization other than a legal parent wishes to be part of an existing action?

    <p>They must petition to intervene in the case.</p> Signup and view all the answers

    What is the primary purpose of a petition in family law cases?

    <p>To initiate a family law case or post-decree matter.</p> Signup and view all the answers

    Which of the following actions can be initiated by filing a verified petition?

    <p>Establishing paternity or maternity.</p> Signup and view all the answers

    What must accompany a petition for annulment or dissolution of marriage?

    <p>A summons.</p> Signup and view all the answers

    Which legal action does NOT require a petition under the specified sections?

    <p>Voluntary acknowledgment of paternity.</p> Signup and view all the answers

    What is required when a petition pertains to establishing or modifying support?

    <p>A summons or order to appear depending on the case.</p> Signup and view all the answers

    Under which circumstance may a party request a warrant to take physical custody of a child?

    <p>For an appearance of parties and children.</p> Signup and view all the answers

    What type of judgment may a party file regarding marital property or debt?

    <p>Foreign judgment or decree.</p> Signup and view all the answers

    Which of the following is a potential reason for filing a petition related to parenting time?

    <p>To establish, enforce, or modify legal decision-making.</p> Signup and view all the answers

    What is required for an extension of time to be effective without court approval?

    <p>Briefing must be concluded more than 5 days before the hearing.</p> Signup and view all the answers

    What must be true for a motion for reconsideration to be granted?

    <p>There must be a response opportunity for all parties.</p> Signup and view all the answers

    What does a motion for reconsideration NOT affect?

    <p>The timeline for filing an appeal.</p> Signup and view all the answers

    What is necessary for an agreed extension to become effective?

    <p>A notice of extension must be properly filed.</p> Signup and view all the answers

    What is true regarding the filing of a responsive memorandum to a motion for reconsideration?

    <p>It is not allowed unless the court authorizes it.</p> Signup and view all the answers

    What type of response is mandatory after being served with a petition under subparts (a)(1 through 7)?

    <p>Required Response</p> Signup and view all the answers

    What happens if a party does not file a required response to a petition?

    <p>The petitioner has the right to request a default judgment.</p> Signup and view all the answers

    What must a petition contain to establish the court's jurisdiction?

    <p>A simple statement of the grounds for the court's jurisdiction.</p> Signup and view all the answers

    What is required when a party denies an allegation in their response?

    <p>They must state any differing facts that support their case.</p> Signup and view all the answers

    What is the maximum time allowed for a party served in Arizona to file a response?

    <p>20 days</p> Signup and view all the answers

    How long does a party have to respond if they accept service of the summons and petition in Arizona?

    <p>20 days</p> Signup and view all the answers

    What does the filing of a response do to the matters not specifically admitted?

    <p>It places those matters at issue.</p> Signup and view all the answers

    What can be included in a response besides admitting or denying allegations?

    <p>Claims for relief.</p> Signup and view all the answers

    What must a petition for annulment include when filed?

    <p>A preliminary injunction and a summons</p> Signup and view all the answers

    What is the effect of asserting alternative statements in a pleading?

    <p>Any one of them must be sufficient for the pleading.</p> Signup and view all the answers

    What is meant by the term 'default' in the context of responding to a petition?

    <p>A failure to respond, leading to a judgment against the party.</p> Signup and view all the answers

    What is the purpose of including a family law cover sheet when filing a petition?

    <p>To meet administrative requirements and local rules.</p> Signup and view all the answers

    What happens if a party lacks sufficient knowledge to respond to an allegation?

    <p>They can state their lack of knowledge, which counts as a denial.</p> Signup and view all the answers

    Under what circumstances can claims for relief be added to a response?

    <p>Freely, as part of the response process.</p> Signup and view all the answers

    What must the petitioner provide to the court when filing an action under Rule 23(b)(2)?

    <p>Two copies of an order to appear</p> Signup and view all the answers

    What can a court do if a document is signed in violation of Rule 26?

    <p>Impose sanctions on those who signed it</p> Signup and view all the answers

    When should the petitioner serve a copy of the petition and order to appear?

    <p>20 days before the hearing</p> Signup and view all the answers

    What is required of a person signing a document for another party?

    <p>Actual authority from the other party</p> Signup and view all the answers

    What certificate must be included when filing a motion for sanctions?

    <p>A good faith consultation certificate</p> Signup and view all the answers

    Which statement accurately reflects the purpose of signing a pleading or motion?

    <p>To ensure it is not for an improper purpose</p> Signup and view all the answers

    When can a party amend their pleading as a matter of right?

    <p>Anytime before a responsive pleading is served</p> Signup and view all the answers

    What may happen if a person files an unsigned document?

    <p>It will be struck if not corrected</p> Signup and view all the answers

    What must the petitioner serve in actions regarding legal decision-making or parenting time?

    <p>Preliminary injunction and any required notices</p> Signup and view all the answers

    What is the court's obligation when a complaint is found to be presented for an improper purpose?

    <p>Impose sanctions on the responsible party</p> Signup and view all the answers

    Under what circumstance can sanctions be imposed on a person who filed a document?

    <p>If it violates any part of Rule 26</p> Signup and view all the answers

    When must service of all required documents be completed according to Rule 27?

    <p>At least 20 days before the hearing</p> Signup and view all the answers

    What must accompany a motion for sanctions according to Rule 26?

    <p>A good faith consultation certificate</p> Signup and view all the answers

    What must a party show when requesting a continuance due to unavailability of a witness?

    <p>The efforts made to obtain the testimony.</p> Signup and view all the answers

    Which factor is NOT considered when resolving scheduling conflicts between courts?

    <p>Whether one matter is a family case.</p> Signup and view all the answers

    What is the maximum page limit for a motion, excluding attachments?

    <p>17 pages</p> Signup and view all the answers

    What must be noted on every document related to motions and responses?

    <p>The manner of service</p> Signup and view all the answers

    Before filing a motion to continue, what must the moving party do?

    <p>Consult with other parties</p> Signup and view all the answers

    Which requirement is placed on responses to motions?

    <p>Responses must be filed within 10 days.</p> Signup and view all the answers

    What is a possible consequence if a motion or response does not comply with required standards?

    <p>The motion may be summarily denied.</p> Signup and view all the answers

    What must accompany every motion when it is filed?

    <p>Affidavits and evidence</p> Signup and view all the answers

    Under what condition can the court deny a request for oral argument on a motion?

    <p>If the ruling is straightforward.</p> Signup and view all the answers

    What should parties do if they agree to extend due dates for filings?

    <p>File a notice with the court.</p> Signup and view all the answers

    What is required for a counterclaim or third-party claim to be asserted?

    <p>Compliance with specific rules.</p> Signup and view all the answers

    What is essential for a motion to continue based on other good cause?

    <p>The prejudices that could arise.</p> Signup and view all the answers

    Which of the following statements about oral arguments is true?

    <p>The court may limit oral argument time.</p> Signup and view all the answers

    What is required when a party moves for leave to amend a pleading?

    <p>A copy of the proposed amended pleading as an exhibit</p> Signup and view all the answers

    What should be included in motions when requesting relief or orders?

    <p>The grounds for the request.</p> Signup and view all the answers

    What is the time frame for a moving party to file and serve the amended pleading after the motion is granted?

    <p>Within 10 days</p> Signup and view all the answers

    When must an opposing party respond to an amended pleading?

    <p>Within the time remaining for the original pleading or 10 days after service</p> Signup and view all the answers

    What happens if a party objects that evidence is not within the issues raised at trial?

    <p>The pleadings may be amended by the court</p> Signup and view all the answers

    Under what condition does an amendment relate back to the date of the original pleading?

    <p>If it asserts a claim arising from the same conduct in the original pleading</p> Signup and view all the answers

    What can a court permit regarding supplemental pleadings?

    <p>They may include defects in stating a claim</p> Signup and view all the answers

    Which defenses may be raised by motion rather than in a responsive pleading?

    <p>Lack of subject matter jurisdiction</p> Signup and view all the answers

    What must occur if the court grants a motion for a more definite statement?

    <p>The order must be followed within 10 days or face possible sanction</p> Signup and view all the answers

    When is a motion to strike typically considered?

    <p>Before the deadline to respond to the pleading</p> Signup and view all the answers

    What happens to a party's defense if they fail to assert it timely according to the established rules?

    <p>It is waived or dismissed</p> Signup and view all the answers

    How should a motion under Rule 29 be disposed of?

    <p>It must be heard and decided before the trial begins</p> Signup and view all the answers

    What is the consequence of a court allowing matters outside the pleadings during a related motion?

    <p>It is treated as a summary judgment motion</p> Signup and view all the answers

    What is the standard time limit for filing a motion asserting lack of personal jurisdiction?

    <p>Anytime before trial</p> Signup and view all the answers

    What must be included in a response to a pleading that is ambiguous or vague?

    <p>A motion for a more definite statement</p> Signup and view all the answers

    What may a party request if they wish to introduce an issue not raised in the pleadings during trial?

    <p>To amend the pleadings to conform to evidence</p> Signup and view all the answers

    Who is authorized to bring an action on behalf of an incapacitated person or adult in need of protection?

    <p>A guardian or conservator</p> Signup and view all the answers

    What happens to a petition if a party dies while a petition for dissolution is pending?

    <p>The action abates and the court will dismiss the case</p> Signup and view all the answers

    Which of the following is true regarding actions brought on behalf of a minor?

    <p>A guardian, conservator, or best interests attorney may act</p> Signup and view all the answers

    What is required for the court to continue an action involving an incapacitated person?

    <p>A motion or stipulation must be filed</p> Signup and view all the answers

    What must occur if a party’s interest in property is transferred during an ongoing action?

    <p>The action continues unless a substitution is ordered</p> Signup and view all the answers

    Who may motion for the appointment of a guardian ad litem for an alleged incapacitated person?

    <p>Any party, including the attorney for a party</p> Signup and view all the answers

    Under what condition can a minor's representative's expenses be allocated between parties?

    <p>As the court deems appropriate</p> Signup and view all the answers

    What is the primary consequence of dying during a pending paternity or maternity petition?

    <p>The action does not necessarily abate</p> Signup and view all the answers

    What must be included on the proof of service if a summons is served by a sheriff?

    <p>A marked return of service</p> Signup and view all the answers

    What happens if proof of service is not filed according to the rules?

    <p>Failure to file proof of service does not affect the validity of service</p> Signup and view all the answers

    What action can the court take if the subject person and the marital community do not have sufficient funds to cover fees and costs?

    <p>Order fees and costs to be paid as a county expense.</p> Signup and view all the answers

    Which of the following methods of service requires an affidavit establishing proof of service?

    <p>Service by an individual other than a sheriff</p> Signup and view all the answers

    Which requirement must be included in a summons according to the outlined rules?

    <p>The consequences of failing to appear and respond.</p> Signup and view all the answers

    What is the required process for serving a summons to multiple parties?

    <p>Each party must receive an individual summons.</p> Signup and view all the answers

    What is the maximum time frame allowed for service after a petition is filed before the court must dismiss the action?

    <p>120 days</p> Signup and view all the answers

    Which of the following is NOT a valid method of serving a summons and pleadings to an individual?

    <p>Sending an email attachment</p> Signup and view all the answers

    In a case where a summons is returned without being served, what should a party do?

    <p>Present a replacement summons to be issued.</p> Signup and view all the answers

    Who is authorized to serve a summons?

    <p>A private process server certified under specific judicial codes.</p> Signup and view all the answers

    In what situation can a court extend the time for service beyond the initial 120 days?

    <p>If the petitioner shows good cause for the failure</p> Signup and view all the answers

    What must happen if a respondent accepts service of process?

    <p>The acceptance must be documented in writing and filed in the action.</p> Signup and view all the answers

    For service by mail or national courier service, what must be done to confirm the documents were received?

    <p>A signed return receipt must be attached to an affidavit</p> Signup and view all the answers

    What must a summons contain when it pertains to actions for annulment, dissolution of marriage, or legal separation?

    <p>A notification about conciliation court assistance in preservation of marriage.</p> Signup and view all the answers

    What is the legal consequence of serving a summons by publication?

    <p>Proof of publication must be filed as per specific rules</p> Signup and view all the answers

    When can service outside the United States be proven under the rules?

    <p>As provided by applicable treaty or convention</p> Signup and view all the answers

    What is a necessary component for a field locate investigator to serve a summons in Title IV-D cases?

    <p>They must be certified under specific rules.</p> Signup and view all the answers

    Which of the following describes the procedure for appointing a special process server?

    <p>The presiding judge must approve any requests for appointment.</p> Signup and view all the answers

    Which of the following statements is correct regarding the authority to serve a summons?

    <p>The server must be authorized under Rule 40(d)</p> Signup and view all the answers

    What is the primary role of a Guardian ad Litem (GAL) appointed by the court?

    <p>To investigate if the subject person needs a guardian or conservator</p> Signup and view all the answers

    What must be included with the documents when a petitioner provides a form for acceptance of service?

    <p>A list of the documents being provided.</p> Signup and view all the answers

    Which of the following qualifications is necessary for someone to be appointed as a GAL?

    <p>Must be an attorney licensed to practice in Arizona</p> Signup and view all the answers

    What happens if a court grants a motion for time extension for service?

    <p>The new deadline must be clearly communicated</p> Signup and view all the answers

    Which of the following is a requirement when serving a summons via mail in Arizona?

    <p>Using any form of postage-prepaid mail</p> Signup and view all the answers

    What occurs automatically upon the appointment of a GAL?

    <p>The family law proceeding is stayed</p> Signup and view all the answers

    How must a voluntary appearance be recorded when made in open court?

    <p>Noted by the clerk on the docket and entered in the minutes.</p> Signup and view all the answers

    Which of the following acts is NOT authorized for a GAL?

    <p>Testify in the family law proceeding regarding the subject person</p> Signup and view all the answers

    What is the timeframe in which service of a replacement summons must occur?

    <p>Within the time prescribed for service of the original summons.</p> Signup and view all the answers

    What must a potential father do regarding notice of a planned adoption?

    <p>File a copy of the verified petition to establish paternity within 30 days</p> Signup and view all the answers

    Which rule governs service of a summons, an order to appear, and pleadings?

    <p>Rule 41</p> Signup and view all the answers

    What must the respondent do after signing an acceptance of service?

    <p>File a responsive pleading within the time provided by the rules.</p> Signup and view all the answers

    What must the order appointing a GAL specify?

    <p>The basis for the GAL's appointment and their powers</p> Signup and view all the answers

    What is required of a GAL concerning communications with the subject person?

    <p>The subject person must be informed that their communications are not confidential</p> Signup and view all the answers

    Which entity or document can provide information relevant to whether the subject person needs a guardian?

    <p>Medical and counseling records of the subject person</p> Signup and view all the answers

    What can the GAL do in order to assist their investigation of the subject person?

    <p>Consult with individuals about initiating protective proceedings</p> Signup and view all the answers

    What happens to privileged communications if the GAL obtains them during their investigation?

    <p>The subject person retains their rights to confidentiality</p> Signup and view all the answers

    Which statement reflects an aspect of the GAL's authority?

    <p>A GAL is authorized to initiate proceedings under Chapter 5 of Title 14</p> Signup and view all the answers

    What must happen if a GAL intends to file a report containing confidential information?

    <p>The GAL must request to file the report under seal</p> Signup and view all the answers

    What type of compensation is a GAL entitled to receive?

    <p>Reasonable compensation for services and costs incurred</p> Signup and view all the answers

    Which of the following best describes the subject person's rights concerning privileged documents received by the GAL?

    <p>They maintain rights to those privileges despite the GAL's access</p> Signup and view all the answers

    What is the correct procedure for serving a minor under the age of 16 in Arizona?

    <p>Deliver to the minor's guardian if they reside in Arizona.</p> Signup and view all the answers

    What is a requirement for the GAL when communicating with the subject person for the first time?

    <p>They must disclose the lack of privilege in communications</p> Signup and view all the answers

    Which method is not accepted for serving an incarcerated individual?

    <p>Delivering documents via a process server.</p> Signup and view all the answers

    When serving a governmental entity in Arizona, which of the following is a required action?

    <p>Serve the Attorney General or designated person.</p> Signup and view all the answers

    How can an individual in a foreign country be served if there is no internationally agreed means?

    <p>By following the local law of that foreign country.</p> Signup and view all the answers

    What document must be included when serving the State of Arizona in a Title IV-D case?

    <p>A written Notice of State Interest.</p> Signup and view all the answers

    What is the acceptable proof of service for an incarcerated person in Arizona?

    <p>A signature of an official from the correctional facility.</p> Signup and view all the answers

    What is required when searching for an officer or agent of a corporation to serve?

    <p>Conducting a diligent search and inquiry.</p> Signup and view all the answers

    When can a minor or incompetent person in a foreign country be served?

    <p>As directed by the court or as provided by local laws.</p> Signup and view all the answers

    Which of the following is not a lawful means of serving a corporation?

    <p>Serving documents to any employee at their office.</p> Signup and view all the answers

    For serving a person with a court-appointed guardian, which procedure is required?

    <p>Serve the guardian separately from the individual.</p> Signup and view all the answers

    What should be done if no authorized officer of a corporation can be found?

    <p>File a statement of inability to find any officer.</p> Signup and view all the answers

    Which option details acceptable means of international service?

    <p>Using methods consistent with international agreements or local law.</p> Signup and view all the answers

    Which statement regarding the service of process on a municipal corporation is accurate?

    <p>Documents can be served to the clerk of the municipal corporation.</p> Signup and view all the answers

    What constitutes personal service on a domestic corporation that lacks an officer or agent in Arizona?

    <p>Delivering two copies of the summons to the Arizona Corporation Commission</p> Signup and view all the answers

    What is required of the serving party if the court allows an alternative means of service?

    <p>Providing actual notice to the person being served</p> Signup and view all the answers

    Under what condition can service by publication be ordered by the court?

    <p>When the person’s current address is unknown or intentionally evaded</p> Signup and view all the answers

    What must accompany the affidavit filed by the party making service by publication?

    <p>A printed copy of the publication</p> Signup and view all the answers

    How is service considered complete when mailing the summons and pleading?

    <p>Immediately upon mailing if it is sent to the last-known address</p> Signup and view all the answers

    What is the effective date of service by publication?

    <p>30 days after the summons is first published</p> Signup and view all the answers

    Which of the following methods can be used to serve a document after a summons has been served?

    <p>By leaving it with a responsible person at the office</p> Signup and view all the answers

    What must be indicated on the original document or a separate certificate regarding service?

    <p>The manner of service and date of service</p> Signup and view all the answers

    What happens if no mailing is made due to lack of knowledge of the person's address during service by publication?

    <p>It is permissible to proceed without it</p> Signup and view all the answers

    What happens if the method of service is not properly noted?

    <p>The document is deemed served by mail, unless proven otherwise</p> Signup and view all the answers

    Who may serve documents via publication according to the outlined procedures?

    <p>Any interested party, including their counsel</p> Signup and view all the answers

    After a judgment becomes final, how must subsequent motions be served?

    <p>In the same manner as a summons and pleading</p> Signup and view all the answers

    What does a properly filed affidavit for service by publication indicate?

    <p>It is rebuttable evidence of compliance with service requirements</p> Signup and view all the answers

    When is a document considered filed if submitted directly to a judge?

    <p>On the date the judge receives it</p> Signup and view all the answers

    If a party is represented by an attorney, how should service of documents be made?

    <p>On the attorney, unless directed by the court</p> Signup and view all the answers

    Which condition allows a late filing due to malfunction in electronic transmission?

    <p>Filing a motion for timely acceptance</p> Signup and view all the answers

    Which of the following describes the procedure for serving documents electronically?

    <p>It is only permitted if the recipient agrees in writing or if ordered by the court</p> Signup and view all the answers

    What must occur if service is not successfully executed on some respondents in a multi-respondent case?

    <p>The petitioner can continue against those who were served</p> Signup and view all the answers

    Who has restricted access to certain filed documents according to the rules?

    <p>The parties involved and their attorneys, unless restricted by local rule</p> Signup and view all the answers

    Which documents are prohibited from being filed separately?

    <p>Discovery and Disclosure Documents</p> Signup and view all the answers

    When serving documents via U.S. mail, when is the service completed?

    <p>At the time of mailing, only if it's certified</p> Signup and view all the answers

    What must occur if a proposed order or judgment is submitted to the court?

    <p>It must be served on all parties simultaneously</p> Signup and view all the answers

    What should the clerk do if a document is rejected due to a deficiency?

    <p>Notify the filing party with an explanation</p> Signup and view all the answers

    How must documents that are not to be filed separately be submitted?

    <p>As attachments to other relevant documents</p> Signup and view all the answers

    Which of the following is a condition for a document to be deemed filed by an incarcerated party?

    <p>It is filed on the date delivered to prison authorities</p> Signup and view all the answers

    In the event of an electronic filing error, what does the court require from the person affected?

    <p>Filing a motion to accept the document as timely</p> Signup and view all the answers

    What consequence can arise from violating the filing and service rules?

    <p>Removal of the document from record and possible sanctions</p> Signup and view all the answers

    What must accompany a motion that requests entry of an order for current and past child support?

    <p>A child support worksheet</p> Signup and view all the answers

    What type of affidavit must be included with a claim for a money judgment for attorney fees?

    <p>An affidavit establishing a reasonable amount of fees</p> Signup and view all the answers

    In which scenario can a default judgment not be entered for past child support?

    <p>If the petition does not specify the time period for past support</p> Signup and view all the answers

    What is required for the court to notify the appearing parties regarding a motion?

    <p>The court must rule on the motion within 21 days of filing</p> Signup and view all the answers

    What information is NOT required to be included if a party requests joint legal decision-making?

    <p>The party's employment status</p> Signup and view all the answers

    Which document must be filed separately when requesting spousal maintenance?

    <p>A Spousal Maintenance Calculator Worksheet</p> Signup and view all the answers

    What must a party obtaining a decree or judgment by default certify?

    <p>That a copy of the decree will be mailed to the defaulted party within three days</p> Signup and view all the answers

    What must the court do if it grants a motion for a default judgment hearing?

    <p>Notify both parties of the hearing date</p> Signup and view all the answers

    What must be included in a proposed order submitted along with a written stipulation?

    <p>Two lines of text above the signature</p> Signup and view all the answers

    Which statement correctly describes the rights of a defaulted party during a hearing?

    <p>The defaulted party is deemed to have admitted every material allegation of the petition</p> Signup and view all the answers

    What happens if a proposed order is signed and entered?

    <p>No minute entry need issue</p> Signup and view all the answers

    Which of the following is NOT a required component in a default decree when children are involved?

    <p>A detailed report on the children's grades</p> Signup and view all the answers

    Which of the following statements about sensitive data filing is correct?

    <p>Parties must redact sensitive data unless otherwise ordered by the court</p> Signup and view all the answers

    Under what condition can attorney fees be included in the money judgment for a claim?

    <p>If an affidavit establishes a reasonable amount as allowed by law</p> Signup and view all the answers

    What must occur if there is a need for a motion to be acted on, but it does not meet the requirements for default judgment by motion?

    <p>A default judgment hearing must be requested or ordered by the court</p> Signup and view all the answers

    When must a party update the sensitive data form?

    <p>When new information is needed to supplement the record</p> Signup and view all the answers

    Which of the following criteria is essential for a child support order if a deviation in amount is requested?

    <p>A written basis for deviation under child support guidelines</p> Signup and view all the answers

    Which aspect of electronic signatures is accepted by the clerk?

    <p>Documents that purport to have signatures, including electronically signed documents</p> Signup and view all the answers

    What should occur if sensitive information is inadvertently filed with the court?

    <p>The party must request a court order for sealing or redaction</p> Signup and view all the answers

    Which record is considered confidential under the rules?

    <p>Medical, mental health, or behavioral health records</p> Signup and view all the answers

    What role does the clerk have regarding minute entries and other court records?

    <p>The clerk must distribute them to all parties via mail or electronically</p> Signup and view all the answers

    What is the consequence for violating the rules regarding the filing of sensitive data?

    <p>The court may impose sanctions on the responsible party</p> Signup and view all the answers

    What type of forms must be used for recording requested sensitive data?

    <p>Forms set forth in Rule 97 for sensitive data</p> Signup and view all the answers

    Which of the following may NOT include sensitive data, according to the rules?

    <p>Proposed rulings on motions</p> Signup and view all the answers

    What should happen if a document contains sensitive information and is filed unlawfully?

    <p>A court order may be requested or issued to seal or redact it</p> Signup and view all the answers

    What is the time limit for the court to rule on written stipulations?

    <p>21 days after filing with a notice of lodging</p> Signup and view all the answers

    Which statement is true regarding the requirements for filing a written application for default?

    <p>It must state the party's failure to respond within the time allowed by the rules.</p> Signup and view all the answers

    What is one of the essential components that should be included in the application for default concerning service of process?

    <p>A copy of the proof or acceptance of service on the party in default.</p> Signup and view all the answers

    Under what condition will a default not become effective after an application is filed?

    <p>If the party in default responds within 10 days after the application is filed.</p> Signup and view all the answers

    Which statement correctly describes the process of notifying other parties when an application for default is filed?

    <p>The application must be served on all parties who have appeared in the action.</p> Signup and view all the answers

    What information must be included about the parties in the summary consent petition and response?

    <p>Their birth date, occupation, address, and length of domicile in Arizona</p> Signup and view all the answers

    What must be included in a request for a decree of dissolution without a hearing?

    <p>Affidavits stating jurisdictional requirements have been met.</p> Signup and view all the answers

    In which of the following scenarios can a default judgment not be entered without a hearing?

    <p>The party in default is a minor or an incompetent person.</p> Signup and view all the answers

    What must the proposed decree contain if children are involved in the dissolution or separation?

    <p>Content that meets the requirements of Rule 45(c)</p> Signup and view all the answers

    Which statement is true regarding the issuance of a preliminary injunction when filing a summary consent petition?

    <p>Two copies must be presented to the clerk for issuance</p> Signup and view all the answers

    Which of the following conditions must be met for a court to set aside a default judgment?

    <p>The party must establish good cause.</p> Signup and view all the answers

    What happens if either party requests to withdraw from the summary consent decree before it is entered?

    <p>The court must allow the withdrawal and continue proceedings as necessary</p> Signup and view all the answers

    What does the court require to proceed with issuing a default judgment against the State of Arizona or its agencies?

    <p>A hearing establishing the claim or right to relief by evidence.</p> Signup and view all the answers

    How long must the court wait to enter a final summary consent decree after the filing of the summary consent petition and response?

    <p>60 days</p> Signup and view all the answers

    What must happen if the other party has appeared regarding a decree of dissolution by motion without a hearing?

    <p>The motion cannot be acted upon unless both parties agree.</p> Signup and view all the answers

    What is required if the parties have resolved all issues about their dissolution or separation?

    <p>They should indicate this in the summary consent petition</p> Signup and view all the answers

    Which is a requirement of the affidavit when seeking a default judgment to establish paternity?

    <p>It must state that jurisdictional requirements have been met.</p> Signup and view all the answers

    What must a petitioner do to voluntarily dismiss a family law case?

    <p>File a notice of dismissal</p> Signup and view all the answers

    What is the timely requirement for notifying appearing parties regarding motions after a petition for dissolution is filed?

    <p>21 days after the motion if filed less than 60 days after service.</p> Signup and view all the answers

    Under what condition can a counterclaimant voluntarily dismiss their claim?

    <p>Before evidence is introduced at a hearing or trial</p> Signup and view all the answers

    Which of the following statements accurately reflects how a default is considered effective?

    <p>A default is effective only if no action is taken by the party within 10 days.</p> Signup and view all the answers

    What is the effect of a dismissal under the given rules in most cases?

    <p>It is always considered without prejudice</p> Signup and view all the answers

    What must the court ensure when the motion for a default decree is acted upon?

    <p>The decree must match exactly what was requested in the petition.</p> Signup and view all the answers

    What must be stated in the summary consent petition regarding the marriage's condition?

    <p>The marriage is irretrievably broken or separate living conditions are desired</p> Signup and view all the answers

    When may the court dismiss a case for failure to move it forward?

    <p>Following notice and opportunity to object</p> Signup and view all the answers

    What is the maximum time frame for the court to set a hearing after a summary consent decree is lodged?

    <p>81 days</p> Signup and view all the answers

    What requirement applies if parties are involved in a marriage dissolution or legal separation?

    <p>They must resolve all issues before court involvement</p> Signup and view all the answers

    What is NOT a requirement for a consent decree regarding a dissolution or legal separation?

    <p>The decree must be prepared by the court without party input.</p> Signup and view all the answers

    In a scenario where service was made by publication and no response has been filed, what can the court do?

    <p>Enter a decree or judgment as allowed under Rule 41(m).</p> Signup and view all the answers

    Which of the following statements about a summary consent decree is correct?

    <p>It requires a comprehensive settlement on all issues before filing.</p> Signup and view all the answers

    What must a consent decree include when children are involved?

    <p>Provisions for legal decision-making and parenting time.</p> Signup and view all the answers

    If the parties jointly file a notice of lodging, when must the judge rule on the consent decree for dissolution or legal separation?

    <p>Within 21 days after the lodging date.</p> Signup and view all the answers

    What must the parties state in any action for dissolution if there are children involved?

    <p>Whether they have children in common.</p> Signup and view all the answers

    Under what condition can the court decide on a consent decree without a hearing?

    <p>If both parties agree to the terms of a dissolution or legal separation.</p> Signup and view all the answers

    What record must the court maintain during a default hearing when service is made by publication?

    <p>A verbatim record of the default hearing.</p> Signup and view all the answers

    What is required if the stipulated amount of spousal maintenance is outside the guideline ranges?

    <p>The decree must state findings from the guidelines.</p> Signup and view all the answers

    Which document must be attached if either party is receiving Temporary Assistance for Needy Families (TANF)?

    <p>The approval of the Attorney General or county attorney.</p> Signup and view all the answers

    What information must the consent decree provide if joint legal decision-making is requested?

    <p>The history of domestic violence, if any.</p> Signup and view all the answers

    What is required of both parties in terms of legal representation during the signing of a consent decree?

    <p>Both parties must personally sign before a notarial officer.</p> Signup and view all the answers

    What must happen after the lodging of a decree, judgment, or order for all matters?

    <p>The judge must rule no later than 21 days.</p> Signup and view all the answers

    When filing for a consent decree, what is a key factor that must be confirmed by both parties?

    <p>Each party was not under duress when preparing and signing.</p> Signup and view all the answers

    Under Rule 36, who can initiate an action on behalf of an incapacitated person?

    <p>A guardian or conservator</p> Signup and view all the answers

    What happens to a pending action if a party dies while the petition for dissolution is ongoing?

    <p>The action abates and the court dismisses the case</p> Signup and view all the answers

    Which individual may NOT act on behalf of a minor in legal actions according to the outlined rules?

    <p>The minor's friends or peers</p> Signup and view all the answers

    In the event of a transfer of interest, what must occur for the action to continue with the original party?

    <p>The court must approve the substitution or joining of the transferee</p> Signup and view all the answers

    When can a guardian ad litem be appointed for an alleged incapacitated person according to Rule 37.1?

    <p>Upon motion by any interested party</p> Signup and view all the answers

    What must happen regarding the fees and expenses of a minor's representative according to Rule 36(d)?

    <p>The court may allocate them as deemed appropriate</p> Signup and view all the answers

    If an action is brought in the name of the State for another's use or benefit, under which condition is it mandated?

    <p>When a state statute specifically provides for it</p> Signup and view all the answers

    What is the effect of incapacity on the continuation of an action according to Rule 37(b)?

    <p>The action can continue through the representative if authorized</p> Signup and view all the answers

    What is the prerequisite for a GAL to be appointed by the court?

    <p>The court must find reasonable cause to believe the party may need protection.</p> Signup and view all the answers

    Which action is NOT within the authority of a GAL?

    <p>Provide legal representation to the subject person.</p> Signup and view all the answers

    What must the GAL inform the subject person regarding communications?

    <p>Their communications are neither privileged nor confidential.</p> Signup and view all the answers

    How long does the court have to notify parties of the GAL's appointment?

    <p>Within 3 days.</p> Signup and view all the answers

    What occurs automatically upon the appointment of a GAL, unless the court orders otherwise?

    <p>The family law proceeding is stayed.</p> Signup and view all the answers

    Which type of records can the GAL access?

    <p>All relevant records, including privileged ones.</p> Signup and view all the answers

    Under which circumstance can a GAL initiate proceedings?

    <p>If they find evidence of incapacity.</p> Signup and view all the answers

    What must be included in the order appointing the GAL?

    <p>The basis for the GAL's appointment and their powers.</p> Signup and view all the answers

    What is one responsibility of the GAL outlined in their role?

    <p>Investigate if the subject person needs a guardian or conservator.</p> Signup and view all the answers

    Which statement is true regarding the confidentiality of the GAL's investigations?

    <p>The GAL must file a report concerning their findings.</p> Signup and view all the answers

    What determines how the fees of the GAL and physician are allocated?

    <p>Judgment made by the court regarding reasonable fees.</p> Signup and view all the answers

    What can the court order if it finds that a subject person and marital community lack sufficient funds?

    <p>All or part of the fees to be covered as a county expense</p> Signup and view all the answers

    Which option describes how documents must be served after the initial summons and petition?

    <p>The filing party must provide copies as stipulated in Rule 43</p> Signup and view all the answers

    What must happen if the GAL wishes for further evaluation of the subject person?

    <p>The GAL must file a motion with the court.</p> Signup and view all the answers

    What information must a summons include regarding a default judgment?

    <p>The specific consequences of not responding</p> Signup and view all the answers

    What type of records can the GAL obtain that relate to the subject person?

    <p>Any relevant records, including medical ones.</p> Signup and view all the answers

    Who is generally authorized to serve a summons according to the rules?

    <p>A sheriff, constable, or a court-appointed person</p> Signup and view all the answers

    What must be included with the documents if the petitioner is providing an acceptance of service to the respondent?

    <p>A self-addressed stamped envelope</p> Signup and view all the answers

    In what scenario may a replacement summons be presented?

    <p>If the original summons was returned unserved or lost</p> Signup and view all the answers

    Which of the following must be verified before serving a summons?

    <p>The party's address and contact details</p> Signup and view all the answers

    What is required for a person specially appointed to serve process?

    <p>They must be at least 21 years old and not involved in the case</p> Signup and view all the answers

    When a summons is served in actions involving annulment or dissolution in a county with a conciliation court, what must it include?

    <p>A statement regarding conciliation assistance availability</p> Signup and view all the answers

    How must contempt petitions be served according to the rules?

    <p>Personally served by an authorized individual</p> Signup and view all the answers

    What must the acceptance of service contain if it is signed by the respondent?

    <p>The specific documents being accepted</p> Signup and view all the answers

    Which party has the authority to request special appointment for a person to serve legal documents?

    <p>Any party in the action through a motion</p> Signup and view all the answers

    What document must accompany a petition for acceptance of service?

    <p>A form detailing the acceptance process</p> Signup and view all the answers

    What must happen if a party does not accept service and no voluntary appearance is made?

    <p>Proof of service must be filed by the person effecting service.</p> Signup and view all the answers

    What is required when serving a summons by a sheriff or deputy sheriff?

    <p>The return of service must be marked or attached to proof of service.</p> Signup and view all the answers

    Under what condition does the failure to file proof of service affect the service validity?

    <p>It does not affect the validity of service.</p> Signup and view all the answers

    What is the time limit for a respondent to be served after the petition is filed?

    <p>120 days.</p> Signup and view all the answers

    What happens when a summons is served by publication?

    <p>The return must be filed as provided in specific rules.</p> Signup and view all the answers

    Which is NOT a valid method for serving an individual as per the rules?

    <p>Leaving a copy at the individual's usual place of work.</p> Signup and view all the answers

    How must proof of service be handled for service by a registered private process server?

    <p>It requires an affidavit identifying the county of registration.</p> Signup and view all the answers

    What must occur if a respondent shows good cause for failure to serve within the time limit?

    <p>The court must extend the time for service.</p> Signup and view all the answers

    What is required when serving a summons by mail or national courier service?

    <p>An affidavit must be filed stating specifics of the service.</p> Signup and view all the answers

    What type of action does Rule 41(h) specifically address?

    <p>Service of summons outside the United States.</p> Signup and view all the answers

    How should proof of service be filed if service is made by someone other than a sheriff?

    <p>It requires an affidavit establishing proof of service.</p> Signup and view all the answers

    What document must a potential father file within 30 days of being served notice of a planned adoption?

    <p>Verified petition to establish paternity.</p> Signup and view all the answers

    What effect does the acceptance of service have under the provisions?

    <p>It is treated as if a summons has been served.</p> Signup and view all the answers

    What happens if a newly filed proof of service demonstrates insufficient service?

    <p>The court may allow amendments to the service process.</p> Signup and view all the answers

    What must be included in the affidavit when serving a person who is incarcerated?

    <p>A statement that the serving party sent the documents by first class mail</p> Signup and view all the answers

    Which procedure should be followed to serve a minor if their parent or guardian cannot be found in Arizona?

    <p>Deliver to any adult having care and control of the minor</p> Signup and view all the answers

    What is required to serve a governmental entity in Arizona?

    <p>Delivering the service documents to the Attorney General or designated person</p> Signup and view all the answers

    When serving an individual in a foreign country, what method must be used if an internationally agreed means is not available?

    <p>Follow the foreign country's law for service</p> Signup and view all the answers

    In what situation can a corporation not be served because officers or agents cannot be found in Arizona?

    <p>If a diligent search is conducted and confirmed by the sheriff</p> Signup and view all the answers

    What defines the proof of service for an incarcerated person when served by mail?

    <p>The signature of an official from the correctional facility on the return receipt</p> Signup and view all the answers

    How can a minor or incompetent person in a foreign country be served legally?

    <p>According to the court's discretion or as directed by subparts of foreign law</p> Signup and view all the answers

    What additional document must be filed when serving the State of Arizona in a Title IV-D case electronically?

    <p>A written Notice of State Interest</p> Signup and view all the answers

    What alternative method can be used to serve a corporation if the primary contacts are not available in Arizona?

    <p>If applicable, mail a copy to the last known address after diligent search</p> Signup and view all the answers

    What is a requirement for serving a person who has a court-appointed guardian?

    <p>Both the guardian and the individual being served must receive the documents</p> Signup and view all the answers

    Which method of serving a minor does NOT comply with the prescribed procedure if the parent is unavailable?

    <p>Mailing the documents directly to the minor's educational institution</p> Signup and view all the answers

    What is the necessary action if a corporation does not designate an individual to receive service?

    <p>Serve the documents to the corporation’s chief executive officer, secretary, or equivalent</p> Signup and view all the answers

    What must happen to complete the service when filing for electronic service on the State of Arizona?

    <p>A Proof of Service by Electronic Transmittal must be filed and verified</p> Signup and view all the answers

    What constitutes personal service on a corporation that lacks an in-state officer or agent?

    <p>Delivering two copies to the Arizona Corporation Commission.</p> Signup and view all the answers

    What is required for a party to serve by publication?

    <p>Proving that all other methods of service are impracticable.</p> Signup and view all the answers

    When does service by publication become effective?

    <p>30 days after the summons is first published.</p> Signup and view all the answers

    What must the serving party do if they know the last-known address of the person being served by publication?

    <p>Mail the summons and pleading before the first publication.</p> Signup and view all the answers

    What is an affidavit required to include when service by publication is executed?

    <p>The dates and manner of publication and mailing.</p> Signup and view all the answers

    How can service of other documents be accomplished after the initial summons has been served?

    <p>By leaving documents at the address of the party.</p> Signup and view all the answers

    Which method of service is considered complete upon mailing?

    <p>Mailing to the person's last-known address.</p> Signup and view all the answers

    Who may serve documents by publication?

    <p>The serving party, its counsel, or authorized persons.</p> Signup and view all the answers

    When can a court permit alternative means of service?

    <p>If established service provided by rules is impracticable.</p> Signup and view all the answers

    What must be included on the last page of the original served document?

    <p>The manner in which the document was served</p> Signup and view all the answers

    After a judgment has become final, how must a motion to modify that judgment be served?

    <p>In the same manner as a summons and pleading</p> Signup and view all the answers

    What does the term 'reasonable effort' refer to in the context of alternative service?

    <p>Exhausting all known means to provide notice.</p> Signup and view all the answers

    What is the effective date of filing for an electronically submitted document?

    <p>The date and time the clerk acknowledges receipt</p> Signup and view all the answers

    Which condition allows for service by publication to be utilized?

    <p>The serving party has made diligent efforts without success.</p> Signup and view all the answers

    What must the serving party include in their affidavit when serving by publication?

    <p>Information about the efforts to locate the person served.</p> Signup and view all the answers

    What happens if a filing is rejected due to a deficiency?

    <p>The clerk must provide an explanation for the rejection</p> Signup and view all the answers

    When must documents that need to be filed within a specified time also be served?

    <p>They must be both filed and served within that time</p> Signup and view all the answers

    Which of the following documents is prohibited from being filed separately?

    <p>Notices of service of discovery responses</p> Signup and view all the answers

    In what scenario might a court accept a document as timely filed despite a missed deadline?

    <p>If there was a documented electronic transmission failure</p> Signup and view all the answers

    How are documents submitted directly to a judge treated regarding the filing date?

    <p>Deemed filed on the date the judge receives them</p> Signup and view all the answers

    What is required for access to filed documents that are restricted under certain local rules?

    <p>Only judicial officers and authorized personnel have access</p> Signup and view all the answers

    What must occur if a proposed order or judgment is submitted to the court?

    <p>It must be served to all parties simultaneously</p> Signup and view all the answers

    Which of the following documents is considered pertinent for preserving a record on appeal?

    <p>Proposed pleadings</p> Signup and view all the answers

    What is the court's authority after discovering a violation regarding document filing rules?

    <p>To remove the offending document from the record and impose sanctions</p> Signup and view all the answers

    What is a key requirement for a party to have the right to change a judge?

    <p>Notifying all parties in writing regarding the request</p> Signup and view all the answers

    What is the status of an affidavit if a party is incarcerated and it is filed with the court?

    <p>Deemed filed on the date delivered to prison authorities</p> Signup and view all the answers

    What is a requirement for a party seeking default judgment to include regarding the service of process?

    <p>Proof or acceptance of service.</p> Signup and view all the answers

    Which of the following describes the effective date of a default judgment?

    <p>10 days after filing the application.</p> Signup and view all the answers

    If a party in default is represented by an attorney, what is required of the party requesting default?

    <p>They must mail a copy of the application to the represented attorney.</p> Signup and view all the answers

    What must be included in the application for default regarding the last known address of the defaulted party?

    <p>Their last known mailing address.</p> Signup and view all the answers

    What type of judgment cannot be entered without a hearing if the party in default is a minor?

    <p>Final default judgments.</p> Signup and view all the answers

    What is one requirement for a default judgment by motion without a hearing?

    <p>The request must be supported by affidavits.</p> Signup and view all the answers

    In which circumstance can a default judgment be set aside?

    <p>If good cause is established.</p> Signup and view all the answers

    What is required for a court to enter a default judgment against the State of Arizona?

    <p>Evidence satisfying the court after a hearing.</p> Signup and view all the answers

    How must notice of the application for default be sent to the party in default?

    <p>By mailing a copy of the application.</p> Signup and view all the answers

    What information is NOT required in the affidavit accompanying a request for dissolution without a hearing?

    <p>Proof of marriage certificate.</p> Signup and view all the answers

    What time frame must the court adhere to when ruling on a motion for dissolution if it was filed 60 days after service?

    <p>21 days after the filing date.</p> Signup and view all the answers

    Which of the following statements is true regarding the entry of default through motion without a hearing?

    <p>The amount granted cannot exceed what was petitioned for.</p> Signup and view all the answers

    What must a party include in an application for default with regard to attorney representation?

    <p>Confirmation if they know the identity of the attorney.</p> Signup and view all the answers

    What is necessary for the application for default to be served on other parties?

    <p>It must only include parties that have appeared.</p> Signup and view all the answers

    What must accompany a motion requesting entry of an order for current and past support?

    <p>A completed child support worksheet</p> Signup and view all the answers

    What is the required notice period for a court to notify appearing parties about a motion hearing?

    <p>21 days</p> Signup and view all the answers

    What must be included in a default decree when children are involved?

    <p>Provisions for legal decision-making and parenting time</p> Signup and view all the answers

    What is necessary for a court toaward attorney fees in a money judgment?

    <p>An affidavit supporting the reasonableness of the fees</p> Signup and view all the answers

    What must occur if a decree or judgment is entered by default?

    <p>The party obtaining the judgment must notify the defaulted party</p> Signup and view all the answers

    What is the consequence if a defaulted party appears in court regarding the allegations in the petition?

    <p>They are deemed to have admitted every allegation</p> Signup and view all the answers

    What is the limit on the amount of attorney fees awarded in a default judgment?

    <p>It may not exceed the amount specified in the claim</p> Signup and view all the answers

    What must a party file if they request spousal maintenance without a hearing?

    <p>Form 6, Default Information for Spousal Maintenance</p> Signup and view all the answers

    What must happen for the court to enter a default judgment for past child support?

    <p>The petition must specify the time period and amount sought</p> Signup and view all the answers

    What is a requirement for filing a proposed order or judgment in court?

    <p>It must have two lines of text above the signature.</p> Signup and view all the answers

    What should be included in the default decree if one party receives TANF benefits?

    <p>The Attorney General's written approval of specified child support amounts</p> Signup and view all the answers

    What is required to submit a written stipulation in court?

    <p>It requires a proposed order attached.</p> Signup and view all the answers

    What must be included in the completed income withholding order?

    <p>The information of the current employer</p> Signup and view all the answers

    What must be done before filing a document containing sensitive data?

    <p>Omit or redact the sensitive data unless otherwise ordered by the court.</p> Signup and view all the answers

    What must a court do if a motion is filed for a default judgment and a hearing is not required?

    <p>Rule on the motion within a specific time frame</p> Signup and view all the answers

    What specific information must be provided if parties are requesting joint legal decision-making?

    <p>A statement regarding domestic violence and its extent</p> Signup and view all the answers

    In what situation can sensitive data be included in a filing?

    <p>Only if a court specifically requests it.</p> Signup and view all the answers

    What is the role of the clerk concerning sensitive data forms?

    <p>To maintain these forms confidentially as instructed by the court.</p> Signup and view all the answers

    What is the role of an affidavit in the context of obtaining judgments?

    <p>To establish the basis and amount due for claims</p> Signup and view all the answers

    Which document related to child support is treated as a confidential record?

    <p>Notices of completed adoptions.</p> Signup and view all the answers

    What happens if a court document containing sensitive data is improperly filed?

    <p>Any person can request the document be sealed or redacted.</p> Signup and view all the answers

    What is the definition of 'sensitive data' according to the rules?

    <p>Social security numbers, driver's license numbers, and financial account numbers.</p> Signup and view all the answers

    Which of the following documents must have at least two lines above the signature?

    <p>Proposed orders or judgments.</p> Signup and view all the answers

    What happens if a proposed order is signed and entered?

    <p>There is no need for a minute entry to be issued.</p> Signup and view all the answers

    In which case is the clerk permitted to destroy paper versions of documents?

    <p>When those documents are maintained electronically.</p> Signup and view all the answers

    What may trigger sanctions against a party according to the rules?

    <p>Improper filing of documents containing sensitive data.</p> Signup and view all the answers

    What is the requirement for electronic signatures according to the rules?

    <p>Authenticity is determined by a judicial officer if disputed.</p> Signup and view all the answers

    Which option describes the distribution of minute entries by the clerk?

    <p>They can be distributed via electronic means or U.S. mail.</p> Signup and view all the answers

    What essential information must be included in the summary consent petition regarding the parties?

    <p>Addresses and lengths of domicile in Arizona</p> Signup and view all the answers

    What must be stated regarding the marriage in a summary consent petition for dissolution?

    <p>The marriage is irretrievably broken</p> Signup and view all the answers

    What action is required before a court can enter a final summary consent decree?

    <p>Submission of final settlement documents within 60 days of filing</p> Signup and view all the answers

    What happens if a party requests to withdraw from a summary consent decree?

    <p>The case continues as a regular dissolution proceeding upon meeting specific requirements</p> Signup and view all the answers

    Which of the following is not required in the proposed decree's content?

    <p>Financial disclosures of each party</p> Signup and view all the answers

    How long must a party wait after filing a summary consent petition before the court can enter a decree?

    <p>60 days</p> Signup and view all the answers

    What must parties do when filing a summary consent petition in terms of preliminary injunctions?

    <p>Present two copies of a preliminary injunction to the clerk</p> Signup and view all the answers

    What is the effect of a voluntary dismissal under specified conditions?

    <p>It is usually without prejudice unless stated otherwise</p> Signup and view all the answers

    What must occur if no party has filed a motion to set within 120 days after a petition is served?

    <p>The court may dismiss the case without further notice</p> Signup and view all the answers

    What conditions might prevent the court from dismissing a case?

    <p>If there is a pending motion for summary judgment</p> Signup and view all the answers

    What document must be filed before a family law case can be dismissed voluntarily?

    <p>A notice of dismissal</p> Signup and view all the answers

    Which of the following actions automatically serves to dismiss all pending, unresolved petitions and issues?

    <p>Voluntary dismissal order</p> Signup and view all the answers

    What is the court's requirement when service is made by publication and no response has been filed?

    <p>A decree or judgment may be entered as provided under Rule 41(m).</p> Signup and view all the answers

    What is a critical component required for a consent decree concerning spousal maintenance?

    <p>A Spousal Maintenance Calculator Worksheet must be filed if it exceeds guideline ranges.</p> Signup and view all the answers

    What statement is true regarding present conditions for child support orders during juvenile division proceedings?

    <p>Child support orders can be modified according to the division's guidelines</p> Signup and view all the answers

    What must be included in a consent decree when children are present?

    <p>Provisions for legal decision-making and parenting time or a separate parenting plan.</p> Signup and view all the answers

    Which of the following conditions is NOT required for a consent decree to be valid?

    <p>Terms must be notarized.</p> Signup and view all the answers

    What happens if the parties reach a comprehensive settlement before filing for dissolution of marriage or legal separation?

    <p>They may file a summary consent petition and response.</p> Signup and view all the answers

    What is the time frame for a judge to determine the requirements for a consent decree after it has been lodged?

    <p>21 days for petitions for dissolution after lodging.</p> Signup and view all the answers

    What must a party include in a motion requesting child support?

    <p>References to relevant allegations of a pending post-decree petition</p> Signup and view all the answers

    When must parties attach written approval from legal authorities to a consent decree?

    <p>If either party is receiving Temporary Assistance for Needy Families or Title IV-D services.</p> Signup and view all the answers

    Which of the following statements is true regarding a consent decree if one party is pregnant?

    <p>The identities of the natural parents must be included.</p> Signup and view all the answers

    When can a party file a motion for emergency temporary orders?

    <p>At the same time or after filing a pre-decree or post-decree petition</p> Signup and view all the answers

    What is one requirement that must be explicitly stated in the consent decree for parties proceeding without legal representation?

    <p>Each party believes the property division is equitable.</p> Signup and view all the answers

    What must a party do if the motion requests child support?

    <p>Submit a completed Child Support Worksheet.</p> Signup and view all the answers

    What is required for a court to grant temporary orders without notice?

    <p>The verified motion must show the potential for irreparable injury</p> Signup and view all the answers

    If either party wishes to deviate from the child support amount in the consent decree, what must be included?

    <p>A clear explanation for the deviation according to guidelines.</p> Signup and view all the answers

    What is required to be exchanged between parties not later than 3 days before an evidentiary hearing?

    <p>Exhibits and witness lists.</p> Signup and view all the answers

    What must happen if a temporary order without notice is granted?

    <p>An evidentiary hearing must be set not later than 10 days after the order's entry</p> Signup and view all the answers

    What must occur if a consent decree is lodged less than 60 days after filing the petition for dissolution?

    <p>The parties must wait 81 days for judgment.</p> Signup and view all the answers

    Under which circumstance are parties exempt from personally meeting before a conference or hearing?

    <p>If there is a protective order in place.</p> Signup and view all the answers

    Which of the following must a verified motion for temporary orders without notice specify?

    <p>The injury, loss, or damage and why it is irreparable</p> Signup and view all the answers

    What is the maximum time frame for a court to rule on a motion after a hearing is concluded?

    <p>21 days</p> Signup and view all the answers

    What must be included in the motion request for an expedited hearing?

    <p>The specific facts necessitating the expedited hearing.</p> Signup and view all the answers

    What is a requirement if the consent decree includes legal decision-making for children?

    <p>Domestic violence instances must be disclosed.</p> Signup and view all the answers

    What happens if a responding party does not contest a child support request?

    <p>A default order will be entered without a hearing.</p> Signup and view all the answers

    What type of hearing must be scheduled for a motion requesting child support?

    <p>A resolution management conference or evidentiary hearing</p> Signup and view all the answers

    What occurs if the consent decree does not meet the guidelines for spousal maintenance?

    <p>Required findings from the guidelines must be included.</p> Signup and view all the answers

    What is the maximum time frame for the court to rule on a motion after a hearing is concluded?

    <p>21 days.</p> Signup and view all the answers

    What must be provided when seeking an emergency temporary order?

    <p>Specific relief requested and supporting facts</p> Signup and view all the answers

    Which of the following describes the relationship of a 'Summary Consent Petition' and its applicable cases?

    <p>Applicable if comprehensive settlement occurs before filing for dissolution.</p> Signup and view all the answers

    What type of orders are enforceable as final orders upon being signed and filed by the court?

    <p>Temporary Orders.</p> Signup and view all the answers

    Which statement about service of the motion is accurate?

    <p>Service must follow the guidelines in Rules 40(f)(1) or 41</p> Signup and view all the answers

    When can a party request temporary orders without notice?

    <p>At the same time or after filing a pre-decree or post-decree petition</p> Signup and view all the answers

    What must a verified motion for temporary child support include according to the rules?

    <p>A proposed Income Withholding Order.</p> Signup and view all the answers

    What is the requirement for a motion requesting temporary legal decision-making or parenting time?

    <p>It must specify the court's authority under A.R.S.§ 25-402.</p> Signup and view all the answers

    Which document establishes the legal decision-making and parenting time requested by a party?

    <p>Proposed Parenting Plan.</p> Signup and view all the answers

    What documentation is required when filing for temporary child support?

    <p>An Affidavit of Financial Information in the correct format.</p> Signup and view all the answers

    What document must be filed if the moving party requests a hearing along with their motion?

    <p>Notice of hearing.</p> Signup and view all the answers

    What occurs when a party is represented by counsel in relation to meeting requirements?

    <p>Counsel must attempt to resolve as many issues as possible.</p> Signup and view all the answers

    When must the court schedule a resolution management conference after receiving a motion for temporary orders?

    <p>Not later than 30 days after the motion is filed.</p> Signup and view all the answers

    What is the primary role of the resolution management conference?

    <p>To facilitate agreements for temporary orders.</p> Signup and view all the answers

    What is a requirement for a party seeking a simplified child support order?

    <p>Submission of a completed Child Support Worksheet.</p> Signup and view all the answers

    If there is a court order prohibiting contact between parties, what must still occur?

    <p>Counsel must take reasonable steps to resolve issues.</p> Signup and view all the answers

    What must a motion request for an order related to property or debt include?

    <p>A proposed division of property and responsibilities.</p> Signup and view all the answers

    Which situation allows the court to waive the requirement for a hearing within 60 days for legal decision-making or parenting time?

    <p>The moving party waives the requirement.</p> Signup and view all the answers

    What is the implication of not providing a response to an Order to Appear for a motion for temporary orders?

    <p>The court may proceed without their input.</p> Signup and view all the answers

    What can cause an extension of time limits set forth for temporary orders?

    <p>Good cause is shown.</p> Signup and view all the answers

    What dictates the completion of service for a motion after receipt of an order to appear?

    <p>Service must be completed within 14 days.</p> Signup and view all the answers

    In a case where a resolution management conference is not effective, what must the court do next?

    <p>Schedule an evidentiary hearing.</p> Signup and view all the answers

    What is required from the moving party when filing a motion that includes a request for spousal maintenance?

    <p>The specific duration and amounts requested.</p> Signup and view all the answers

    What is the purpose of the Clerk when an Order to Appear is signed?

    <p>To file the original Order to Appear.</p> Signup and view all the answers

    Which of the following is necessary for a court to determine child support under a temporary parenting time order?

    <p>The amount must comply with A.R.S.§ 25-320.</p> Signup and view all the answers

    Who is permitted to act on behalf of an incapacitated person or an adult in need of protection?

    <p>A guardian or conservator</p> Signup and view all the answers

    What happens to a petition for dissolution if a party dies while it is pending?

    <p>The court dismisses the case</p> Signup and view all the answers

    In the case of a minor, who can bring or defend an action on their behalf?

    <p>A guardian, conservator, or best interests attorney</p> Signup and view all the answers

    Which of the following accurately describes the allocation of fees for a minor’s representative?

    <p>The court may allocate fees as deemed appropriate</p> Signup and view all the answers

    Under what circumstance can an action continue if a party's interest in property is transferred?

    <p>If the court does not mandate substitution</p> Signup and view all the answers

    What must a party do to request the appointment of a guardian ad litem for an alleged incapacitated person?

    <p>Move for the appointment through the court</p> Signup and view all the answers

    When may an action for another's benefit be brought in the name of the State of Arizona?

    <p>Under specific state statutes</p> Signup and view all the answers

    What must be served to the parties when filing a motion regarding an incapacitated person?

    <p>The motion as per specified rules</p> Signup and view all the answers

    What is the primary qualification for an individual to be appointed as a guardian ad litem (GAL)?

    <p>Must be an attorney licensed to practice in Arizona</p> Signup and view all the answers

    What should the GAL inform the subject person regarding communications between them?

    <p>Communications are neither privileged nor confidential</p> Signup and view all the answers

    Under what condition can a GAL initiate and prosecute proceedings for guardianship or conservatorship?

    <p>When the GAL finds reasonable cause to believe the adult party needs protection</p> Signup and view all the answers

    What is the consequence of the court appointing a GAL?

    <p>A stay is put on the family law proceeding</p> Signup and view all the answers

    Which statement is true regarding the GAL's power to access records?

    <p>The GAL can access medical, financial, and counseling records, even if privileged</p> Signup and view all the answers

    What must a summons contain to properly notify the party being served?

    <p>The time within which the respondent must appear and respond</p> Signup and view all the answers

    What does the order appointing a GAL need to specify?

    <p>The basis, scope, duration of appointment, and GAL's powers</p> Signup and view all the answers

    What must occur when a GAL communicates with the subject person?

    <p>The subject person must be told that the communication is not privileged or confidential</p> Signup and view all the answers

    Who is authorized to serve a summons according to the rules outlined?

    <p>Any adult individual with no connection to the case</p> Signup and view all the answers

    What is the purpose of a GAL's investigation?

    <p>To determine if the subject person needs a guardian or conservator</p> Signup and view all the answers

    If a summons is lost, what action can be taken?

    <p>A replacement summons can be issued.</p> Signup and view all the answers

    What must happen to a contempt petition before it can be effective?

    <p>It must be personally served to the individual named.</p> Signup and view all the answers

    Who bears the cost of the GAL's fees and any physician fees related to the appointment?

    <p>The subject person and community property costs are determined by the court</p> Signup and view all the answers

    Which statement best describes the service of a summons in Title IV-D cases?

    <p>Can be performed by a certified Field Locate Investigator.</p> Signup and view all the answers

    What is the consequence of not filing proof of service?

    <p>It does not affect the validity of service.</p> Signup and view all the answers

    What is the GAL's role concerning the testimony in a family law proceeding?

    <p>The GAL cannot be called to testify or advise the subject person in the family law case</p> Signup and view all the answers

    What is required for a summons to be considered validly issued?

    <p>It must be signed and sealed by the clerk.</p> Signup and view all the answers

    What happens if the GAL discovers privileged information during their investigation?

    <p>The GAL must maintain confidentiality and cannot disclose it</p> Signup and view all the answers

    What document must accompany proof of service if served by a private process server?

    <p>An affidavit identifying the county of registration.</p> Signup and view all the answers

    Which type of evaluation may the court order to assist the GAL's investigation?

    <p>An evaluation by a licensed physician</p> Signup and view all the answers

    In a divorce case, what additional information must the summons include if filed in a county with a conciliation court?

    <p>The opportunity to file for conciliation assistance</p> Signup and view all the answers

    Under which circumstance must a court dismiss the action without prejudice?

    <p>If a respondent is not served within 120 days after the petition.</p> Signup and view all the answers

    How must the GAL file their report regarding the investigation?

    <p>In the family law case within the time set by the court</p> Signup and view all the answers

    What method must be followed to provide documents after the summons and petition have been served?

    <p>Documents must be served in accordance with Rule 43.</p> Signup and view all the answers

    What is required for service to be valid when served by mail or national courier service?

    <p>The serving party must receive a signed return receipt.</p> Signup and view all the answers

    What is required when serving a minor who is under the age of 16 in Arizona?

    <p>Deliver documents to an adult in the minor's household.</p> Signup and view all the answers

    What happens if a party accepts service of a petition?

    <p>They must file a responsive pleading within a set time.</p> Signup and view all the answers

    What must a party do if they serve a summons outside the United States?

    <p>Prove service under Rule 41(h) as per applicable treaty.</p> Signup and view all the answers

    In which situation can the GAL meet and communicate with the subject person?

    <p>At any location where the subject person may be found</p> Signup and view all the answers

    How may an incarcerated person in Arizona be served if they are in a correctional facility?

    <p>By mail or national courier, confirmed by a facility official.</p> Signup and view all the answers

    What is the acceptable method of proving service if done by publication?

    <p>The return of the person making the service must be filed accordingly.</p> Signup and view all the answers

    What information is NOT required to be included in a summons?

    <p>The number of prior cases involving the parties</p> Signup and view all the answers

    What is an acceptable way to serve an individual in a foreign country?

    <p>Using methods as prescribed by the foreign country's law.</p> Signup and view all the answers

    When may a party enter a voluntary appearance in court?

    <p>In person or through an attorney at any time.</p> Signup and view all the answers

    What may a court allow under certain circumstances regarding process or proof of service?

    <p>Amendments of process or proof of service.</p> Signup and view all the answers

    When serving governmental entities in Arizona, what is the correct procedure for serving the State?

    <p>Send documents via certified mail to the Attorney General.</p> Signup and view all the answers

    Which of the following is true about the acceptance of service?

    <p>It must be filed in writing with the court.</p> Signup and view all the answers

    How must an individual be served if Rule 41(e) or (f) does not apply?

    <p>Personally or at their residence with someone of suitable age.</p> Signup and view all the answers

    For serving a corporation if an authorized officer is not found within Arizona, what must be done?

    <p>Perform a diligent search and receive a statement from the sheriff.</p> Signup and view all the answers

    What must be included in the documents provided with an acceptance of service?

    <p>A form indicating the documents provided</p> Signup and view all the answers

    What is the maximum time allowed for a respondent to be served after a petition is filed?

    <p>120 days.</p> Signup and view all the answers

    What must a potential father do when served with adoption notice under A.R.S.§ 8-106(G)?

    <p>File a copy of the verified paternity petition within 30 days.</p> Signup and view all the answers

    What must occur when serving a person with a court-appointed guardian?

    <p>Serve the individual and the guardian separately.</p> Signup and view all the answers

    What is required for service on a domestic corporation?

    <p>Serve a managing or general agent and also mail to the corporation.</p> Signup and view all the answers

    What is the effect of service by publication?

    <p>It has the same validity as personal service.</p> Signup and view all the answers

    What does the term 'personal jurisdiction' imply in the context of Arizona court service?

    <p>The court can exercise jurisdiction over anyone, regardless of location.</p> Signup and view all the answers

    What is the standard for serving an individual when no internationally agreed means are available?

    <p>Follow the foreign country's laws for service in its courts.</p> Signup and view all the answers

    What is required for proof of service to be accepted if completed by a sheriff?

    <p>The proof must be filed with the court promptly.</p> Signup and view all the answers

    In a Title IV-D case, what must a party do to serve the State electronically?

    <p>Submit a notice that lists the documents and requests electronic transmission.</p> Signup and view all the answers

    Which method is NOT acceptable for serving a person in a foreign country?

    <p>Using a method that is vague and does not require confirmation.</p> Signup and view all the answers

    What document must be delivered along with a summons and pleadings?

    <p>Additional filings as required under Rule 25 or Rule 91.</p> Signup and view all the answers

    When serving documents to a minor, what alternative is acceptable if no parent or guardian can be found in Arizona?

    <p>Deliver documents to any adult with the minor.</p> Signup and view all the answers

    What form of confirmation is needed when serving an incarcerated individual by mail?

    <p>Confirmation from an official at the correctional facility.</p> Signup and view all the answers

    What is a necessary action when serving an unincorporated association?

    <p>Deliver to an appointed agent authorized by law.</p> Signup and view all the answers

    What must the Arizona Corporation Commission do with one of the copies of the summons when served on a corporation?

    <p>Keep it for their records</p> Signup and view all the answers

    Under what condition can a court allow service to be accomplished by publication?

    <p>When other service methods are impracticable</p> Signup and view all the answers

    What is the minimum number of times the summons must be published in a newspaper for service by publication?

    <p>Four successive weeks</p> Signup and view all the answers

    What action is required if a party demonstrates that personal service methods are impracticable?

    <p>The court can order an alternative means of service</p> Signup and view all the answers

    Which of the following describes a necessary step when using service by publication?

    <p>An affidavit must accompany the publication</p> Signup and view all the answers

    What happens if service by publication does not yield knowledge of the person's current address?

    <p>Mailing of summons is not necessary</p> Signup and view all the answers

    What is the effect of a properly filed affidavit regarding service by publication?

    <p>It is rebuttable evidence of compliance</p> Signup and view all the answers

    If a person to be served intentionally avoids service, what must the serving party demonstrate for service by publication?

    <p>They have exhausted all service methods</p> Signup and view all the answers

    How is service considered complete when using service by publication?

    <p>30 days after the first publication</p> Signup and view all the answers

    What is the first action if a corporation has no officer or agent available for summons service in Arizona?

    <p>The summons should be delivered to the Arizona Corporation Commission</p> Signup and view all the answers

    Which constitutes valid service of a document once the summons has been served?

    <p>Mailing the document to the last known address</p> Signup and view all the answers

    If the person being served has no known address, which publication alternative can be utilized?

    <p>Service by publication in neighboring counties</p> Signup and view all the answers

    What is the responsibility of the party serving documents after the summons and petition have been served?

    <p>To keep a record of the methods used for service</p> Signup and view all the answers

    What constitutes personal service on a corporation in Arizona?

    <p>Delivery of copies to the Arizona Corporation Commission</p> Signup and view all the answers

    What is the maximum time frame for the court to rule on a written stipulation filed with a proposed order?

    <p>21 days</p> Signup and view all the answers

    Which of the following statements about sensitive data is accurate?

    <p>The responsibility for redacting sensitive data lies solely with the filer.</p> Signup and view all the answers

    In what scenario is no minute entry required regarding a signed and entered proposed order?

    <p>When a motion is accompanied by a proposed order.</p> Signup and view all the answers

    How should references to sensitive data be made if required to be included in a filing?

    <p>Using only the last four digits of the identifying number.</p> Signup and view all the answers

    What must accompany all written stipulations filed with the court?

    <p>A proposed order.</p> Signup and view all the answers

    What is the requirement related to the format of a proposed order or judgment?

    <p>It must have at least two lines of text above the signature.</p> Signup and view all the answers

    Which of the following types of documents may contain sensitive data according to legal requirements?

    <p>Income withholding orders.</p> Signup and view all the answers

    What action can any person take if a document containing sensitive information is filed with the court?

    <p>Request that the document be sealed or redacted.</p> Signup and view all the answers

    What does the clerk have the authority to maintain, either in paper or electronic form?

    <p>Sensitive data forms, income withholding orders, and related documents.</p> Signup and view all the answers

    Which of the following is considered sensitive data?

    <p>Bank account numbers.</p> Signup and view all the answers

    Under what condition may a party present a separate sensitive data form to the court?

    <p>If the court specifically requests sensitive data.</p> Signup and view all the answers

    What should be done if a document is filed with the court that violates the rules concerning sensitive data?

    <p>Sanctions may be imposed against the responsible party.</p> Signup and view all the answers

    What is a requirement for a proposed order when a case involves a motion?

    <p>It must be a separate document from the motion.</p> Signup and view all the answers

    What must be included on the last page of a served document?

    <p>The date and manner of service</p> Signup and view all the answers

    When is a document considered filed if it is submitted directly to a judge?

    <p>On the date the judge receives it</p> Signup and view all the answers

    What happens if a person fails to meet a filing deadline due to electronic transmission failure?

    <p>The party may file a motion to accept the document as timely</p> Signup and view all the answers

    What is the status of a document filed by an incarcerated party?

    <p>It is considered filed on the date it is delivered to prison authorities</p> Signup and view all the answers

    What must be done if a proposed order or judgment is submitted to the court?

    <p>It must be served on all parties at the same time it is submitted</p> Signup and view all the answers

    Which material cannot be filed separately under the provided rules?

    <p>Discovery and disclosure documents</p> Signup and view all the answers

    What occurs if documents filed contain deficiencies?

    <p>The party receives a prompt explanation for the rejection</p> Signup and view all the answers

    Regarding access to filed documents, when can access be limited?

    <p>If prohibited by local rules or an administrative order</p> Signup and view all the answers

    What presumption applies if the manner of service is not noted?

    <p>The document was served by mail</p> Signup and view all the answers

    Which documents must be both filed and served within specified time limits?

    <p>Documents that are required to be filed in response to a motion</p> Signup and view all the answers

    What is a consequence of violating document filing rules as per the guidelines?

    <p>Removal of the offending document and imposition of costs or fees</p> Signup and view all the answers

    What defines the effective date of a filing for documents filed electronically?

    <p>The date and time shown on the email notification from the court</p> Signup and view all the answers

    When may a document be treated as filed on an earlier date than received?

    <p>Upon a showing of good cause after electronic transmission failure</p> Signup and view all the answers

    What cannot be included in the publicly displayed court record?

    <p>Petitions for order of protection or injunction against harassment</p> Signup and view all the answers

    What must a party seeking default include in their written application?

    <p>The last known mailing address of the party in default.</p> Signup and view all the answers

    What is the time frame in which a default becomes effective after an application is filed?

    <p>10 days</p> Signup and view all the answers

    Which statement is true regarding the service of notice when applying for a default?

    <p>Notice must be mailed to the party in default if their whereabouts are known.</p> Signup and view all the answers

    What must the court determine in order to set aside a default judgement?

    <p>That good cause exists.</p> Signup and view all the answers

    What happens if a defaulting party responds within 10 days after an application for default is filed?

    <p>The default will be set aside.</p> Signup and view all the answers

    Which scenario prevents the court from entering a default judgment without a hearing?

    <p>The party in default is a minor.</p> Signup and view all the answers

    Which requirement must be fulfilled for a decree of dissolution without a hearing?

    <p>Affidavits stating jurisdictional requirements have been met.</p> Signup and view all the answers

    What does an affidavit need to establish when requesting a default judgment for maternity or paternity?

    <p>That jurisdictional requirements have been met.</p> Signup and view all the answers

    What is a critical component that must be attached when seeking spousal maintenance through a default application?

    <p>A form similar to Form 6, Rule 97.</p> Signup and view all the answers

    When must notice to parties regarding a motion be mailed?

    <p>On the date that the application is filed.</p> Signup and view all the answers

    Under which condition can the court enter a default judgment against the State?

    <p>If evidence is provided that meets the court's requirement after a hearing.</p> Signup and view all the answers

    In what circumstance can a default decree by motion not be granted?

    <p>The other party has appeared in the case.</p> Signup and view all the answers

    Which statement correctly reflects the requirements after filing for a default?

    <p>All parties with a legal interest must be informed after filing.</p> Signup and view all the answers

    What determines the proper time frame for the court to notify appearing parties regarding motions for dissolution?

    <p>The time elapsed since the service of the petition.</p> Signup and view all the answers

    What is the consequence of a party failing to comply with service rules regarding a decree or judgment?

    <p>It does not affect the court's ability to validate the decree.</p> Signup and view all the answers

    In a consent decree, what must be included regarding spousal maintenance?

    <p>A Spousal Maintenance Calculator Worksheet must be jointly filed.</p> Signup and view all the answers

    What is the minimum waiting period after service to obtain a consent decree for dissolution or legal separation?

    <p>60 days after the respondent is served.</p> Signup and view all the answers

    Which requirement is specifically needed when children are involved in a consent decree?

    <p>An explanation of any legal history of domestic violence.</p> Signup and view all the answers

    What must a consent decree, judgment, or order explicitly state regarding a party's understanding of the process?

    <p>Each party understands they can retain an attorney.</p> Signup and view all the answers

    What is a requirement for a consent decree when a party is receiving TANF services?

    <p>It requires written approval from the Attorney General or county attorney.</p> Signup and view all the answers

    Under what condition can parties file a summary consent petition for dissolution of marriage?

    <p>When all issues are comprehensively settled before any formal petition.</p> Signup and view all the answers

    What must the consent decree reveal regarding the division of property?

    <p>Each party must believe the division is fair and equitable.</p> Signup and view all the answers

    What defines a 'consent decree' in terms of the pressure applied to the parties?

    <p>Each party must not be subject to force or threats.</p> Signup and view all the answers

    What is required to be submitted along with a child support order if there is a requested deviation from guidelines?

    <p>A statement of the reasons for deviation.</p> Signup and view all the answers

    What must accompany a motion seeking entry of an order for child support?

    <p>A child support worksheet</p> Signup and view all the answers

    What is the time limit for the court to act on a motion after its filing date?

    <p>21 days</p> Signup and view all the answers

    What is the role of the court regarding the default hearing in cases of service by publication?

    <p>It should inquire about due process standards for notice.</p> Signup and view all the answers

    Which of the following is NOT a requirement for a consent decree involving children?

    <p>A written agreement on exclusive parental rights must be filed.</p> Signup and view all the answers

    What must the affidavit include if spousal maintenance is requested without a hearing?

    <p>A completed spousal maintenance calculator worksheet</p> Signup and view all the answers

    When children are involved, what must the default decree include?

    <p>A child support order supported by a worksheet</p> Signup and view all the answers

    What must be true for a consent decree related to paternity or maternity actions?

    <p>The identities of both parents must be disclosed.</p> Signup and view all the answers

    If a party in default has appeared, what must they receive?

    <p>Written notice of the hearing at least 3 days prior</p> Signup and view all the answers

    What is the latest timeline for a judge to rule on a lodged consent decree for dissolution after 60 days of service?

    <p>81 days after the effective date of service.</p> Signup and view all the answers

    What does a defaulted party admit by failing to respond?

    <p>All material allegations of the petition</p> Signup and view all the answers

    What documentation is required to support a claim for attorney fees in a judgment?

    <p>An affidavit establishing a reasonable amount</p> Signup and view all the answers

    What must the default decree include if a party is pregnant?

    <p>Whether either party is pregnant with a common child</p> Signup and view all the answers

    What must be done if a party seeks past child support before the filing date?

    <p>Notify the party in default of the time period and amount sought</p> Signup and view all the answers

    What must happen to the judgment after it is entered by default?

    <p>A copy must be mailed to the defaulted party within 3 days</p> Signup and view all the answers

    What happens if a party is requesting a deviation in child support amounts?

    <p>The basis for deviation must be stated in the order</p> Signup and view all the answers

    What is required of parties if they wish to request joint legal decision-making?

    <p>A statement regarding any domestic violence occurrence</p> Signup and view all the answers

    What can the court do during a hearing regarding a default judgment?

    <p>Resolve factual issues and determine appropriate relief</p> Signup and view all the answers

    What is the relationship between the required documentation and the default decree for a parent receiving TANF benefits?

    <p>The Attorney General's written approval of the child support amount must be attached</p> Signup and view all the answers

    What must a motion for temporary spousal maintenance specify?

    <p>The duration and amounts requested</p> Signup and view all the answers

    What document must be included when requesting temporary child support?

    <p>Child Support Worksheet</p> Signup and view all the answers

    What is the purpose of the resolution management conference?

    <p>To facilitate agreements allowing entry of temporary orders</p> Signup and view all the answers

    How must the moving party serve documents related to the motion for temporary orders?

    <p>Within 5 days after receipt of the order to appear</p> Signup and view all the answers

    What document is required for a motion requesting temporary legal decision-making or parenting time?

    <p>A proposed parenting plan indicating specific arrangements</p> Signup and view all the answers

    What occurs if the court finds a resolution management conference unnecessary?

    <p>It may schedule an evidentiary hearing on temporary orders</p> Signup and view all the answers

    What is required from the party served when a motion requests child support?

    <p>A completed Child Support Worksheet must be filed.</p> Signup and view all the answers

    What must parties do at least 3 days before a court conference or hearing?

    <p>Meet and confer to discuss case details.</p> Signup and view all the answers

    What happens if a party waives the right to a hearing for temporary legal decision-making within 60 days?

    <p>The court can proceed without holding a hearing</p> Signup and view all the answers

    What happens if the responding party does not contest the requested child support?

    <p>The court will enter the proposed child support order.</p> Signup and view all the answers

    What is required prior to scheduling an evidentiary hearing if issues remain unresolved after a conference?

    <p>A resolution management conference must have taken place</p> Signup and view all the answers

    Which of the following must be included in a motion for a simplified child support order?

    <p>A verified motion, completed Child Support Worksheet, and proposed order.</p> Signup and view all the answers

    What are court administrators or electronic processes authorized to do?

    <p>Dismiss cases for lack of service</p> Signup and view all the answers

    Which of the following is NOT a component of the motion for temporary orders regarding property, debt, or attorney fees?

    <p>Details about parenting time</p> Signup and view all the answers

    Under what condition are parties exempt from meeting and conferring personally before a hearing?

    <p>If there is a history of domestic violence between the parties.</p> Signup and view all the answers

    What is the time frame in which the court must rule on a motion after the hearing concludes?

    <p>No later than 21 days.</p> Signup and view all the answers

    What is the timeline for the court to hold a hearing for temporary decisions regarding legal decision-making or parenting time?

    <p>60 days after the motion is filed</p> Signup and view all the answers

    What must the caption of a motion include if a party is requesting an expedited hearing?

    <p>Expedited Hearing Requested.</p> Signup and view all the answers

    What must the moving party include in a motion requesting temporary legal decision-making?

    <p>A proposed parenting plan</p> Signup and view all the answers

    What is required of the assigned judicial officer regarding the order to appear?

    <p>They must sign the order for it to be valid</p> Signup and view all the answers

    Which document must be served on the responding party with a motion for simplified child support?

    <p>A proposed Simplified Temporary Child Support Order.</p> Signup and view all the answers

    If a motion for temporary orders involves specific local procedures, what can counties establish?

    <p>An alternative process for temporary orders.</p> Signup and view all the answers

    What is the purpose of submitting a resolution statement before a resolution management conference?

    <p>To outline the current status and issues in the case.</p> Signup and view all the answers

    Which of the following statements is true regarding temporary orders signed by the court?

    <p>They terminate upon dismissal of the action unless stated otherwise.</p> Signup and view all the answers

    What must be provided when a party seeks a motion for post-decree legal decision-making?

    <p>A verified motion stating the legal and jurisdictional bases.</p> Signup and view all the answers

    What information must be included in the exchange of exhibits and witness lists before an evidentiary hearing?

    <p>Names and contact details of all witnesses along with subject of testimony.</p> Signup and view all the answers

    What must be included in a motion requesting child support according to Rule 91.1?

    <p>Reference to relevant allegations of a pending post-decree petition</p> Signup and view all the answers

    What must be included regarding the parties' marriage in a summary consent petition and response?

    <p>The date of marriage, location, and if it is a covenant marriage.</p> Signup and view all the answers

    What is the time frame within which a court must rule on a motion after the hearing concludes?

    <p>21 days</p> Signup and view all the answers

    Which of the following criteria must a verified motion meet for a court to grant emergency temporary orders?

    <p>It must specify the injury and state why it is irreparable</p> Signup and view all the answers

    What is required if the parties wish to file a summary consent petition and response?

    <p>Two copies of a preliminary injunction must be presented.</p> Signup and view all the answers

    What actions must occur immediately after a temporary order is granted without notice?

    <p>An evidentiary hearing must be set within 10 days</p> Signup and view all the answers

    How is the timing for entering a final summary consent decree regulated?

    <p>The decree can be entered no earlier than 60 days after filing.</p> Signup and view all the answers

    What statement must be included in the summary consent petition regarding the grounds for jurisdiction?

    <p>A statement specifying the grounds for the court's jurisdiction.</p> Signup and view all the answers

    Under what circumstance can a party request temporary orders without notice?

    <p>When specific facts show potential irreparable harm</p> Signup and view all the answers

    If a summary consent decree is to be dismissed after filing, what is the required procedure?

    <p>A notice of withdrawal must be filed and approved by the court.</p> Signup and view all the answers

    What must the moving party certify when requesting temporary orders without notice?

    <p>Written certification of efforts to notify the other party</p> Signup and view all the answers

    What is the purpose of incorporating relevant allegations into a motion for child support?

    <p>To avoid redundancy and provide legal context</p> Signup and view all the answers

    What must a proposed decree include if children are involved?

    <p>Specific content as required by Rule 45(c).</p> Signup and view all the answers

    What type of order must specify reasons for granting without notice?

    <p>A temporary order without notice</p> Signup and view all the answers

    What happens if a party wishes to withdraw from a summary consent decree?

    <p>The case continues as a regular dissolution or separation proceeding upon additional fees.</p> Signup and view all the answers

    Which of the following statements about service of the motion for child support is correct?

    <p>It must be served in compliance with specific rules</p> Signup and view all the answers

    What is the effect of a voluntary dismissal made through notice or motion?

    <p>The dismissal is considered without prejudice unless stated otherwise.</p> Signup and view all the answers

    Under what conditions can a court dismiss a family law case involuntarily?

    <p>If a party fails to progress the case after receiving notice.</p> Signup and view all the answers

    What happens to temporary orders if no hearing is extended by the court?

    <p>They expire at the scheduled hearing time</p> Signup and view all the answers

    What must a motion requesting child support include according to the applicable rules?

    <p>Reference to relevant allegations of a post-decree petition</p> Signup and view all the answers

    What is required from parties when submitting a summary consent petition and response in terms of their domicile information?

    <p>Length of domicile and the current address must be included.</p> Signup and view all the answers

    What is the appropriate action if no motion to set has been filed within 120 days of petition filing?

    <p>The court may issue a notice of potential dismissal.</p> Signup and view all the answers

    Which of the following is NOT a valid ground for granting temporary orders without notice?

    <p>Failure to provide notice of the hearing</p> Signup and view all the answers

    What must a party provide if they wish to utilize a change of judge based on their affidavit?

    <p>No additional documentation is required beyond the affidavit.</p> Signup and view all the answers

    In the context of emergency temporary orders, what is the importance of specifying 'specific facts' in the motion?

    <p>To provide a clear justification for urgent relief</p> Signup and view all the answers

    What is necessary for the summary consent petition to be considered complete?

    <p>Completion of all required sections listed in the guidelines.</p> Signup and view all the answers

    What is the role of a resolution management conference in the context of child support motions?

    <p>To facilitate settlement discussions and timeline management</p> Signup and view all the answers

    What must occur for a counterclaimant to dismiss their claims?

    <p>A notice of dismissal can be filed before a response is filed.</p> Signup and view all the answers

    What is the primary purpose of the disclosure requirements outlined in Rule 49?

    <p>To ensure both parties are equally informed of relevant information</p> Signup and view all the answers

    Under what condition can the court limit the disclosure requirements specified in Rule 49?

    <p>For good cause shown by a party</p> Signup and view all the answers

    What obligation does a party have regarding additional or amended disclosures?

    <p>They must serve them in a timely manner but not later than 30 days after discovering new information</p> Signup and view all the answers

    What happens if a party fails to disclose relevant information in a timely manner?

    <p>They may face remedies as identified in Rule 65</p> Signup and view all the answers

    What is the timeframe for serving initial disclosures after filing the first responsive pleading?

    <p>40 days</p> Signup and view all the answers

    What constitutes a continuing duty regarding disclosures?

    <p>Parties must serve new disclosures whenever additional relevant information is discovered</p> Signup and view all the answers

    When is it permissible for a party to disclose information through written discovery responses or depositions?

    <p>If it is done in a manner that reasonably informs all parties</p> Signup and view all the answers

    Which is a requirement for filing a Resolution Statement as per Rule 49?

    <p>It must be submitted 30 days after exchanging initial disclosures</p> Signup and view all the answers

    Which of the following documents is NOT required to be served with the initial disclosure unless there is a written agreement?

    <p>A personal diary documenting property ownership</p> Signup and view all the answers

    What is the time frame for documents relating to debts to be included in the initial disclosure?

    <p>11 months before the petition's filing</p> Signup and view all the answers

    Which document must be included if a party claims premarital accumulation for a defined contribution plan?

    <p>Documents showing values and contributions since marriage</p> Signup and view all the answers

    Which of the following is a requirement for disclosing witnesses expected to testify at trial?

    <p>The substance of each witness's expected testimony must be described</p> Signup and view all the answers

    For what type of witnesses is a summary of grounds for each opinion required in the disclosure?

    <p>Expert witnesses</p> Signup and view all the answers

    What is the presumptive form of production for electronically stored information?

    <p>Native format unless agreed otherwise</p> Signup and view all the answers

    Which of the following is NOT required to be included when disclosing personal property?

    <p>Historical purchase prices of items</p> Signup and view all the answers

    When must a party produce electronically stored information if no agreement exists?

    <p>Within 40 days after serving initial disclosure</p> Signup and view all the answers

    Which documents related to business interests must be provided for the last 5 years?

    <p>Business tax returns and profit and loss statements</p> Signup and view all the answers

    Regarding life insurance policies, which information is required for the disclosure?

    <p>Premiums charged and cash surrender value</p> Signup and view all the answers

    What is NOT a required document if there is no property at issue in the case?

    <p>All relevant tax returns from the prior fiscal year</p> Signup and view all the answers

    Which must be disclosed if a party has an interest in any trust?

    <p>All documents related to the trust</p> Signup and view all the answers

    What should a party do if they fail to disclose a witness 60 days before the trial?

    <p>The court may not allow the witness to be called</p> Signup and view all the answers

    What must a party do if the receiving party does not specify a form for electronically stored information?

    <p>The producing party may produce the information in native or another usable form.</p> Signup and view all the answers

    Under what circumstance can electronically stored information be disclosed even if it is from a source that is not reasonably accessible?

    <p>If the requesting party shows good cause.</p> Signup and view all the answers

    Which of the following factors is considered when designating a case as complex?

    <p>The need for significant expert testimony.</p> Signup and view all the answers

    What is required to be included in a Resolution Statement?

    <p>Detailed agreements between the parties</p> Signup and view all the answers

    How can parties resolve disputes regarding electronically stored information?

    <p>By presenting the dispute to the court in a joint or individual motion.</p> Signup and view all the answers

    Which of the following statements defines the scope of discovery under Rule 51?

    <p>Discovery can include any nonprivileged matter relevant to a party's claim or defense.</p> Signup and view all the answers

    In cases of legal decision-making or parenting time, what must be served with the initial disclosure?

    <p>Any past or current protective orders involving the parties</p> Signup and view all the answers

    What financial document is essential for child support cases?

    <p>A fully completed Affidavit of Financial Information</p> Signup and view all the answers

    What must occur if the frequency or extent of discovery is found to be unreasonable?

    <p>The court must limit the discovery if deemed unreasonably cumulative or duplicative.</p> Signup and view all the answers

    What condition must be met for a party to discover documents prepared in anticipation of litigation?

    <p>The party must demonstrate a substantial need for the materials.</p> Signup and view all the answers

    What must a party do if they wish to obtain their previous statement without showing required under Rule 51(b)(3)(A)?

    <p>File a motion for court order if the request is refused.</p> Signup and view all the answers

    Which of the following documents must be included in the initial disclosure regarding spousal maintenance requests?

    <p>A completed Affidavit of Financial Information</p> Signup and view all the answers

    Under what condition can a party discover opinions held by an expert not expected to be called as a witness at trial?

    <p>If the party can prove exceptional circumstances.</p> Signup and view all the answers

    When may the court extend the time for parties to complete discovery?

    <p>After a complex designation of the case.</p> Signup and view all the answers

    In family cases, which aspect is not required for the initial disclosure when parenting time is the primary concern?

    <p>A list of all children’s extracurricular activities</p> Signup and view all the answers

    What is the primary condition that allows a person to delay compliance with a subpoena?

    <p>A written objection to the subpoena has been submitted.</p> Signup and view all the answers

    What type of documentation regarding child support expenses is NOT explicitly mentioned as required for initial disclosure?

    <p>Records of contributions to children's college funds</p> Signup and view all the answers

    What must be included in a motion to resolve a dispute over electronically stored information?

    <p>The parties' positions and a good faith consultation certificate</p> Signup and view all the answers

    What must a party do upon withholding information on the basis of privilege or protection as work product?

    <p>Notify other parties and describe the withheld information.</p> Signup and view all the answers

    Which statement about the Resolution Statement is accurate?

    <p>Each party is responsible for filing their own Resolution Statement.</p> Signup and view all the answers

    Which of the following is NOT required when issuing a subpoena for production of documents?

    <p>It needs to be signed by the requesting party.</p> Signup and view all the answers

    What happens if a document subject to a claim of privilege is inadvertently produced in discovery?

    <p>The receiving party must return or sequester the document upon notification.</p> Signup and view all the answers

    Which method is not a valid discovery method under Rule 51?

    <p>Witness testimonies without prior notice</p> Signup and view all the answers

    In which scenario is a subpoena for attendance at a deposition validly issued if the person resides outside the state?

    <p>If the person submits to the jurisdiction of the state by agreement.</p> Signup and view all the answers

    When a party files an affidavit for a change of judge, which of the following must occur?

    <p>A hearing must be scheduled to discuss the affidavit.</p> Signup and view all the answers

    What is the time frame within which a party must supplement or correct its discovery responses?

    <p>Within 30 days of learning about the inaccuracy.</p> Signup and view all the answers

    Which statement regarding initial disclosures in child support cases is true?

    <p>All income sources must be included, even if minor.</p> Signup and view all the answers

    Which of the following actions may lead to sanctions by the court during the discovery process?

    <p>Engaging in unreasonable or obstructionist conduct.</p> Signup and view all the answers

    What timeline is specified for documenting past criminal charges in initial disclosures?

    <p>10 years before the petition's filing</p> Signup and view all the answers

    How does the court ensure the protection of opinion work product during discovery?

    <p>The court must protect against its disclosure when ordered to disclose other materials.</p> Signup and view all the answers

    Under what circumstance can a person who receives a subpoena compel documents from a source deemed not reasonably accessible?

    <p>By demonstrating that it involves an undue burden to produce them.</p> Signup and view all the answers

    For a party requesting attorney fees and costs, which document must be served with the initial disclosure?

    <p>A completed Affidavit of Financial Information</p> Signup and view all the answers

    What information must be included in a written objection to a subpoena to produce documents?

    <p>The address and contact of the person making the objection.</p> Signup and view all the answers

    What is a requirement for every subpoena issued by an Arizona court?

    <p>It must contain the title of the action and case number.</p> Signup and view all the answers

    Which of the following statements best describes the limits on the disclosure of electronically stored information?

    <p>Information may be withheld if it incurs undue burden or expense.</p> Signup and view all the answers

    What action must a party take if they object to a subpoena?

    <p>Provide a written objection within 14 days of service.</p> Signup and view all the answers

    Which statement about the issuance of subpoenas is accurate?

    <p>A signed blank subpoena must be completed by the party before serving.</p> Signup and view all the answers

    Which of the following is an example of information that is NOT discoverable under the outlined rules?

    <p>Privileged communication with an attorney.</p> Signup and view all the answers

    Which is NOT true regarding commands included in a subpoena for a deposition?

    <p>The subpoena must specify the exact location where the documents are to be produced.</p> Signup and view all the answers

    What is required from a party when they have engaged in unreasonable discovery conduct?

    <p>The imposition of sanctions by the court.</p> Signup and view all the answers

    What requirement must be met for a subpoena compelling attendance at a trial?

    <p>It must be issued from the superior court where the trial is held.</p> Signup and view all the answers

    Which of the following is NOT a component of the expert discovery rules?

    <p>Expert opinions can always be discovered.</p> Signup and view all the answers

    Which provision does NOT relate to the handling of electronically stored information under a subpoena?

    <p>Information must always be provided in native format.</p> Signup and view all the answers

    What must a party include when filing a discovery or disclosure motion?

    <p>A good faith consultation certificate per Rule 9(c).</p> Signup and view all the answers

    Which of the following best explains the term 'good faith consultation certificate'?

    <p>A record of attempts to resolve disputes prior to the motion.</p> Signup and view all the answers

    Which situation would exempt a subpoenaed individual from appearing at a deposition?

    <p>If the subpoena does not command attendance at a hearing or trial.</p> Signup and view all the answers

    What is required if a party initiates the discovery process after becoming aware of new evidence?

    <p>They must supplement or correct their prior responses.</p> Signup and view all the answers

    What is a crucial factor for courts to consider when compelling discovery from inaccessible electronic sources?

    <p>Presence of good cause shown by the requesting party.</p> Signup and view all the answers

    Regarding objections made to a subpoena, which of the following statements is false?

    <p>A verbal objection is sufficient to comply with procedural requirements.</p> Signup and view all the answers

    What happens if a subpoena does not specify a timeframe for compliance?

    <p>The standard compliance period of 14 days applies.</p> Signup and view all the answers

    Which jurisdiction applies when a subpoena is issued for an action pending in another jurisdiction?

    <p>Both jurisdictions must adhere to their respective rules.</p> Signup and view all the answers

    What is the maximum time frame for a person to object to a subpoena?

    <p>14 days after the subpoena is served</p> Signup and view all the answers

    Under what condition must a person attend a deposition despite objecting to a part of the subpoena?

    <p>If the objection is denied by the court</p> Signup and view all the answers

    What must be included in a motion to quash or modify a subpoena?

    <p>A statement of the undue burden experienced</p> Signup and view all the answers

    In which situation is a subpoena required to be quashed or modified?

    <p>If it requires disclosure of a trade secret</p> Signup and view all the answers

    What additional step is necessary when serving a subpoena that requires the person's attendance?

    <p>Tender the fees for one day's attendance</p> Signup and view all the answers

    What may occur if a party serving a subpoena fails to comply with reasonable steps to avoid undue burden?

    <p>Sanctions may be imposed by the court</p> Signup and view all the answers

    How soon must a motion to quash or modify a subpoena be filed?

    <p>Before the compliance deadline</p> Signup and view all the answers

    Which party must be notified when a motion to quash or modify a subpoena is filed?

    <p>The issuing party or attorney</p> Signup and view all the answers

    What must the party seeking a protective order demonstrate to obtain it?

    <p>The party must show good cause for the protective order.</p> Signup and view all the answers

    Which statement is correct regarding the service of a subpoena?

    <p>A subpoena can be served anywhere within the state</p> Signup and view all the answers

    Under what condition can a court limit a party or person's disclosure of information without making findings of fact?

    <p>If the parties have agreed to a confidentiality order.</p> Signup and view all the answers

    What should occur if a person withholds information under a claim of privilege regarding a subpoena?

    <p>They must comply with Rule 51(b)(5)(A)</p> Signup and view all the answers

    What is the maximum requirement for a party to serve a petition before a hearing for discovery?

    <p>20 days before the hearing.</p> Signup and view all the answers

    When is it not necessary to tender fees and mileage when serving a subpoena?

    <p>When the subpoena commands attendance at a trial</p> Signup and view all the answers

    Which of the following is NOT a listed protective measure a court can order?

    <p>Forbidding all discovery related to the case.</p> Signup and view all the answers

    What must a party do when they receive documents in response to a subpoena?

    <p>Make the materials available to all other parties</p> Signup and view all the answers

    What is a possible consequence of failing to comply with a subpoena?

    <p>Being held in contempt of court</p> Signup and view all the answers

    What burden does a party face when seeking a confidentiality order?

    <p>Establishing why confidentiality is necessary and justifiable.</p> Signup and view all the answers

    Which statement is accurate regarding combined subpoenas?

    <p>A person may object to any part of a combined subpoena</p> Signup and view all the answers

    What must a petitioner include in their petition to perpetuate testimony?

    <p>Identification of expected adverse parties and the evidence desired.</p> Signup and view all the answers

    What action should be taken if a person identifies a burden that is deemed excessive due to a subpoena?

    <p>File a motion to quash or modify the subpoena</p> Signup and view all the answers

    When can a motion for a protective order be denied by the court?

    <p>When the discovering party shows relevance of the requested information.</p> Signup and view all the answers

    Which of the following represents an aspect of request compliance for protective orders?

    <p>A hearing must be held unless all parties agree otherwise.</p> Signup and view all the answers

    What is the court's minimum expectation in terms of findings when ruling on a confidentiality order?

    <p>Evaluating if the information requested truly needs confidentiality.</p> Signup and view all the answers

    What should a proposed confidentiality order contain alongside the motion?

    <p>Proposed findings of fact related to the request.</p> Signup and view all the answers

    What action must the court take if an expected adverse party is not served in the correct manner and is unrepresented by counsel?

    <p>The court must appoint an attorney to represent that party.</p> Signup and view all the answers

    Which of the following properly describes an action that maintains confidentiality?

    <p>Using the least restrictive means to protect needed confidentiality.</p> Signup and view all the answers

    Under what circumstances can discovery be conducted while an appeal is pending?

    <p>If the court permits it to preserve evidence.</p> Signup and view all the answers

    What information must a party include when seeking a subpoena under the perpetuation of testimony rule?

    <p>Present the subject matter and details of expected evidence.</p> Signup and view all the answers

    What must be included in a motion to perpetuate testimony or preserve evidence?

    <p>The name and address of each person to be deposed.</p> Signup and view all the answers

    Which type of document or testimony can be obtained through a letter of request in a foreign country?

    <p>Testimony that does not need to be under oath.</p> Signup and view all the answers

    What happens if a discovery request is only partially denied?

    <p>The court will adjust the discovery terms fairly.</p> Signup and view all the answers

    What type of orders can a court give to mitigate the burdens of discovery?

    <p>Orders that allow for only necessary personnel to be present during the discovery process.</p> Signup and view all the answers

    When can the court order service by publication?

    <p>When service cannot be made with reasonable diligence.</p> Signup and view all the answers

    What is the effect of a deposition taken under the applicable rules?

    <p>It can be used in any future actions involving the same subject matter.</p> Signup and view all the answers

    Which statement is correct regarding persons authorized to administer oaths for depositions in the U.S.?

    <p>Officers must be authorized under federal or state law.</p> Signup and view all the answers

    What factors determine the need for a court order to permit a physical or mental examination?

    <p>The potential for failure or delay of justice.</p> Signup and view all the answers

    What must be established before taking a deposition in a foreign country?

    <p>Local rules must be reviewed and followed.</p> Signup and view all the answers

    Which of the following methods can be used to serve an opposition to a petition?

    <p>Methods described in Rule 43.</p> Signup and view all the answers

    What happens if a deposition notice is captioned incorrectly for a foreign country?

    <p>It may still be accepted under certain conditions.</p> Signup and view all the answers

    What is essential for the court to consider when granting a petition for a physical or mental examination?

    <p>The relevance of the examination to the case.</p> Signup and view all the answers

    What must be done if service cannot be made personally on an expected adverse party?

    <p>Attempt alternative service methods such as publication.</p> Signup and view all the answers

    How may a party waive any error in the form of a letter of request or commission?

    <p>By not filing a written objection before issuance</p> Signup and view all the answers

    Which of the following parties may take a deposition according to the stated rules?

    <p>A party's current spouse</p> Signup and view all the answers

    What requirement must be met for a deposition to be taken earlier than 30 days after serving the summons and petition?

    <p>Leave of the court must be obtained</p> Signup and view all the answers

    Under what circumstances can a deposition be conducted by remote means?

    <p>If all parties are in agreement or the court orders it</p> Signup and view all the answers

    What must be included in the notice of a deposition according to the rules?

    <p>Date, time, and place of deposition with deponent's details if known</p> Signup and view all the answers

    What steps must a party follow to object to a letter of request or commission after it is issued?

    <p>There is no procedure for objection post-issuance</p> Signup and view all the answers

    Which of the following scenarios does NOT constitute a disqualification of a deponent?

    <p>A party's acquaintance</p> Signup and view all the answers

    What must accompany a motion to modify procedures governing discovery?

    <p>A good faith consultation certificate</p> Signup and view all the answers

    What must a party do if an incarcerated deponent is to be deposed?

    <p>Obtain agreement from the person's custodian or leave of court</p> Signup and view all the answers

    What method of recording testimony is permissible under the specified regulations?

    <p>Certified reporter recordings plus audio or audiovisual methods</p> Signup and view all the answers

    Which requirement is imposed on the attendance of a party at a deposition?

    <p>Attendance is required without subpoena</p> Signup and view all the answers

    What happens if a party does not comply with a notice of deposition?

    <p>They may face penalties as specified by the court</p> Signup and view all the answers

    What must the clerk do before issuing a letter of request or commission in response to an objection?

    <p>Rule on any timely filed objection</p> Signup and view all the answers

    What is a potential requirement for a deposition notice if the deponent's name is unknown?

    <p>General description sufficient for identification must be provided</p> Signup and view all the answers

    What must a party do when naming a public or private corporation as a deponent in a deposition notice?

    <p>Describe with reasonable particularity the matters for examination.</p> Signup and view all the answers

    What happens if a party is not present within 30 minutes after the time specified in the notice of deposition?

    <p>The absence waives any objection regarding the deposition.</p> Signup and view all the answers

    How must objections during a deposition be stated?

    <p>Concise and nonargumentative.</p> Signup and view all the answers

    Under what condition can a deponent refuse to answer a question during the deposition?

    <p>To preserve a privilege or court-ordered limit.</p> Signup and view all the answers

    What is the presumptive maximum duration for a deposition unless otherwise agreed or ordered?

    <p>4 hours</p> Signup and view all the answers

    What must a party do to use a deposition taken in a different federal or state court action?

    <p>Ensure it complies with the Arizona Rules of Evidence</p> Signup and view all the answers

    What may occur if a party engages in unreasonable conduct during a deposition?

    <p>The court may impose sanctions.</p> Signup and view all the answers

    What is required of a deponent after reviewing the transcript of their deposition?

    <p>They must list any changes and reasons for them.</p> Signup and view all the answers

    Which of the following options is NOT a permissible way to handle originals of documents produced at a deposition?

    <p>Attach the originals directly to the deposition</p> Signup and view all the answers

    Where must the certified deposition record be sealed and delivered by the officer?

    <p>To the attorney who arranged for the transcript.</p> Signup and view all the answers

    When can a party recover reasonable expenses for attending a noticed deposition?

    <p>If the deposition proceeds without the noticing party</p> Signup and view all the answers

    What happens if a deposition is terminated without a timely filed motion?

    <p>Another party may move to compel its continuation.</p> Signup and view all the answers

    What is required when a party intends to offer only part of a deposition at trial?

    <p>Introduce other relevant parts of the deposition</p> Signup and view all the answers

    What must an objection to an error or irregularity in a deposition notice include?

    <p>Prompt written service to the party giving notice</p> Signup and view all the answers

    What must the officer's certificate include when certifying the deposition?

    <p>Confirmation of the deponent being sworn and the accuracy of the testimony.</p> Signup and view all the answers

    In what circumstance can the deposition be resumed after being terminated?

    <p>Only by court order.</p> Signup and view all the answers

    Which of the following is true about a party's obligation to object to the qualifications of the officer taking the deposition?

    <p>They must be made before the deposition or immediately after the ground is known</p> Signup and view all the answers

    What must occur if changes in form or substance are made to a deposition statement?

    <p>The deponent must provide a written statement detailing the changes.</p> Signup and view all the answers

    What must a party do to designate deposition testimony for trial or hearing use?

    <p>Include designations in a pretrial or prehearing statement</p> Signup and view all the answers

    How must deposition transcripts be provided to the court unless otherwise ordered?

    <p>In transcript form only</p> Signup and view all the answers

    Which of the following is prohibited during an ongoing deposition?

    <p>Engaging in off-the-record conferences about the testimony.</p> Signup and view all the answers

    What action is necessary if a party desires to terminate or limit a deposition immediately?

    <p>File a motion to the court regarding the deposition.</p> Signup and view all the answers

    What happens if a party fails to make an objection to the competency of a witness during a deposition?

    <p>The objection can still be raised at trial</p> Signup and view all the answers

    What may the court require if only part of a deposition is presented as evidence?

    <p>Related parts of the deposition to ensure fairness</p> Signup and view all the answers

    When can a deposition be used as evidence even if the deponent is not available to testify?

    <p>As specified in the applicable rules regardless of availability</p> Signup and view all the answers

    What is a requirement for the court when receiving objections to deposition testimony at trial?

    <p>Objections based on inadmissibility must be explicitly stated</p> Signup and view all the answers

    Which party has the right to call the deponent to testify in person at trial, regardless of the use of their deposition?

    <p>Any party involved in the matter</p> Signup and view all the answers

    What is the maximum number of written interrogatories a party can serve on any other party without agreement or a court order?

    <p>40</p> Signup and view all the answers

    How is a uniform interrogatory and its subparts counted?

    <p>As one interrogatory</p> Signup and view all the answers

    What must a party show to obtain a court's motion for additional interrogatories beyond the standard limit?

    <p>There must be good cause for service</p> Signup and view all the answers

    Which documents must accompany a motion for additional interrogatories?

    <p>A copy of the proposed additional interrogatories</p> Signup and view all the answers

    What is a requirement when answering an interrogatory under oath?

    <p>The responses must be fully detailed and precise</p> Signup and view all the answers

    Under what condition may the court NOT order payment for expenses caused by a disobedient party?

    <p>If the motion was filed in good faith</p> Signup and view all the answers

    What must a party demonstrate when seeking to use disclosed information that is late?

    <p>That they acted with due diligence to disclose the information earlier</p> Signup and view all the answers

    What stipulation must exist for a party to serve more than 40 interrogatories?

    <p>A written stipulation from the opposing party</p> Signup and view all the answers

    What is the maximum number of items or distinct categories of items one party may request from another without agreement or court order?

    <p>10</p> Signup and view all the answers

    What type of sanctions may be imposed for failing to comply with a discovery order?

    <p>Dismissal of the action</p> Signup and view all the answers

    Which of the following is a requirement for a request to produce documents?

    <p>The request must describe each item with reasonable particularity.</p> Signup and view all the answers

    When serving nonuniform interrogatories, what must be ensured?

    <p>A copy must be served on every party who has appeared</p> Signup and view all the answers

    What must be done if a party objects to an interrogatory?

    <p>The grounds for objection must be stated specifically</p> Signup and view all the answers

    Which factor is NOT considered when determining reasonable steps taken to preserve electronically stored information?

    <p>The duration of the case</p> Signup and view all the answers

    What is the required timeframe for a party to respond to a request served on them?

    <p>40 days</p> Signup and view all the answers

    Which is a condition that allows a party to object to a request for documents?

    <p>The request is overly broad or vague.</p> Signup and view all the answers

    What format must a party use when responding to interrogatories?

    <p>Responses must be in writing and under oath</p> Signup and view all the answers

    What may happen if electronically stored information is lost and a party failed to take reasonable steps to preserve it?

    <p>Additional discovery may be ordered to restore it</p> Signup and view all the answers

    Which of the following is true about uniform interrogatories?

    <p>They may limit the scope without changing to nonuniform interrogatories</p> Signup and view all the answers

    What must a party do if they object to part of a request?

    <p>They must specify the objectionable part and allow inspection of the rest.</p> Signup and view all the answers

    What is one condition that can lead a court to presume lost information was unfavorable to a party?

    <p>If the party acted with intent to deprive another party of its use</p> Signup and view all the answers

    How should answers to interrogatories be served to the responding parties?

    <p>The original answers must be served and a copy on every other party</p> Signup and view all the answers

    When producing electronically stored information, what form must it be produced in if requested?

    <p>In the form specified in the request by the receiving party.</p> Signup and view all the answers

    What must occur if a motion is granted in part and denied in part?

    <p>The court may apportion reasonable expenses involved</p> Signup and view all the answers

    What must a motion objecting to the identified examiner specify?

    <p>The grounds for objecting to the examiner.</p> Signup and view all the answers

    What is a requirement for the acceptance of electronically stored information as evidence?

    <p>It should have been disclosed within the set deadline</p> Signup and view all the answers

    What is the protocol if an interrogatory's response involves record examination?

    <p>The party must specify the records and allow examination</p> Signup and view all the answers

    What happens if a party fails to respond to an interrogatory within the time frame?

    <p>The objection may be waived unless good cause is shown</p> Signup and view all the answers

    What happens if a party fails to preserve relevant electronically stored information?

    <p>The party will receive further discovery requests</p> Signup and view all the answers

    When is a party required to appear for a noticed examination?

    <p>When served with a proper notice.</p> Signup and view all the answers

    What must be provided to a party upon request after a mental or behavioral health examination?

    <p>A copy of the examiner's report and notes</p> Signup and view all the answers

    What may a party or their representative do during a physical or vocational examination?

    <p>Make a video or audio recording of the examination.</p> Signup and view all the answers

    What must all parties do regarding the scope of uniform interrogatories?

    <p>They can limit the scope without converting it into a nonuniform interrogatory</p> Signup and view all the answers

    Which statement correctly describes the consequences of complying with a court order to provide discovery?

    <p>Sanctions can still be applied even upon partial compliance</p> Signup and view all the answers

    What must a party do before filing a motion for disclosure or discovery?

    <p>Attempt to obtain disclosure without court action</p> Signup and view all the answers

    What is the time frame for delivering requested copies of an examiner's report after a request is made?

    <p>20 days</p> Signup and view all the answers

    Under what circumstance can a court order a party to produce a person for examination?

    <p>If the person is in the party's custody or control.</p> Signup and view all the answers

    What could be a consequence of filing a motion in good faith that is ultimately denied?

    <p>The movant may have to pay the opposing party's fees</p> Signup and view all the answers

    What may the responding party do if they object to a requested form of electronically stored information?

    <p>They may produce it in native or another reasonably usable form.</p> Signup and view all the answers

    Under what condition can a party deny a request for admission?

    <p>If the party lacks knowledge or information</p> Signup and view all the answers

    What happens if a responding party fails to respond to a request for admission within the specified time frame?

    <p>The matter is admitted</p> Signup and view all the answers

    What document must specify the examination parameters including time, place, and scope?

    <p>The court's examination order.</p> Signup and view all the answers

    When may a party motion for an order compelling disclosure or discovery?

    <p>When the other party has failed to provide required information</p> Signup and view all the answers

    What should occur if a party fails to appear for a proper noticed examination?

    <p>The court may issue orders concerning the failure as are just.</p> Signup and view all the answers

    What is the role of a nonparty under Rule 52 related to document requests?

    <p>A nonparty may be compelled to produce documents or permit inspection.</p> Signup and view all the answers

    What should a request for admission include when asking about the genuineness of a document?

    <p>A copy of the document</p> Signup and view all the answers

    What is the maximum number of requests for admission a party may serve unless otherwise agreed?

    <p>25 requests</p> Signup and view all the answers

    What must an examiner's report include according to the outlined requirements?

    <p>The examiner's findings and diagnoses</p> Signup and view all the answers

    Which circumstance allows for the withdrawal of an admission made under a request for admission?

    <p>If the court permits it for the merits of the action</p> Signup and view all the answers

    What document accompanies a request for admission regarding documents?

    <p>A copy of the original document</p> Signup and view all the answers

    Which condition does not negate the privilege during a mental or behavioral health examination?

    <p>The party examined requesting their report</p> Signup and view all the answers

    What can be the consequence of an evasive response to a discovery request?

    <p>The court may treat it as a failure to respond</p> Signup and view all the answers

    What must a motion for an order compelling disclosure include?

    <p>A good faith consultation certificate</p> Signup and view all the answers

    What is required from the party who moves for an examination concerning an order of disclosure requests?

    <p>Disclosures from past related examinations</p> Signup and view all the answers

    What is the main purpose of the disclosure requirements under Rule 49?

    <p>To ensure parties are informed of case-related facts and theories</p> Signup and view all the answers

    Which of the following statements about the duty of disclosure is correct?

    <p>Each party has a continuing duty to disclose newly discovered information</p> Signup and view all the answers

    What is the time frame for serving initial disclosures according to Rule 49?

    <p>40 days after the filing of the first responsive pleading</p> Signup and view all the answers

    What must a party do if it discovers new information relevant to a hearing scheduled within 30 days?

    <p>Disclose the information in advance of the hearing</p> Signup and view all the answers

    Under what condition can the court limit disclosure as per Rule 49?

    <p>If good cause is shown to the court</p> Signup and view all the answers

    What should parties do if they fail to disclose relevant information?

    <p>They may face penalties as identified in Rule 65</p> Signup and view all the answers

    Which statement best describes the Resolution Statement requirement?

    <p>It must be filed 30 days after exchanging initial disclosures</p> Signup and view all the answers

    Which of the following is NOT a requirement for additional or amended disclosures?

    <p>Can be delayed indefinitely</p> Signup and view all the answers

    What is required to be included in a Resolution Statement?

    <p>Agreements between the parties.</p> Signup and view all the answers

    Which document must be filed with the court concerning legal decision-making or parenting time issues?

    <p>Resolution Statement.</p> Signup and view all the answers

    Which of the following is NOT a document required for the initial disclosure in child support cases?

    <p>Death certificate of the child's parent.</p> Signup and view all the answers

    How long must proof of treatment for psychiatric or psychological issues be disclosed?

    <p>Within 5 years prior to filing the petition.</p> Signup and view all the answers

    Which requirement must be met for spousal maintenance claims?

    <p>Completed Affidavit of Financial Information.</p> Signup and view all the answers

    What type of information must be disclosed concerning criminal charges related to any party?

    <p>Charges or convictions within 10 years before the petition's filing.</p> Signup and view all the answers

    Which of the following is a child support document that must be served with the initial disclosure?

    <p>Proof of specialized education expenses.</p> Signup and view all the answers

    What is necessary if a party wishes to present evidence regarding their financial obligations?

    <p>Submission of a completed AFI.</p> Signup and view all the answers

    Which of the following documents is required if a party has been involved in domestic violence issues?

    <p>A copy of any past or current protective orders.</p> Signup and view all the answers

    In a child support case, for how many completed calendar years must proof of income be provided?

    <p>3 years.</p> Signup and view all the answers

    What must a party do if the receiving party does not specify a form for electronically stored information?

    <p>Produce the information in native or another reasonably usable form.</p> Signup and view all the answers

    Which scenario allows the court to shift costs related to electronically stored information?

    <p>When the dispute cannot be resolved satisfactorily.</p> Signup and view all the answers

    What types of documents must be served to disclose ownership or value of real property owned by any party?

    <p>Deeds, purchase agreements, and escrow documents</p> Signup and view all the answers

    What defines the factors a court considers when designating a case as complex?

    <p>Issues that are time-consuming to resolve and management of substantial documentary evidence.</p> Signup and view all the answers

    What is a key limit on the frequency or extent of discovery allowed by the court?

    <p>Discovery may be limited if it is unreasonably cumulative or can be obtained from another source.</p> Signup and view all the answers

    For what period must bank account statements be provided in the initial disclosure?

    <p>Beginning 6 months before the petition's filing</p> Signup and view all the answers

    When must a good faith consultation certificate be included in a motion regarding electronically stored information?

    <p>Whenever the parties seek the court's intervention in their dispute.</p> Signup and view all the answers

    What must be included in the disclosure of debts?

    <p>Monthly statements showing balances on mortgages and credit cards for 11 months</p> Signup and view all the answers

    Which method of discovery may be used by a party to obtain documents for inspection?

    <p>Requests for production of documents under Rule 62.</p> Signup and view all the answers

    What is required in the disclosure of witnesses?

    <p>Witnesses' names, addresses, and substance of their expected testimony</p> Signup and view all the answers

    Under which condition may a party refuse to provide electronically stored information?

    <p>If it originates from a source not reasonably accessible due to undue burden.</p> Signup and view all the answers

    Which of the following must be disclosed about expert witnesses?

    <p>The subject matter they will testify on and their qualifications</p> Signup and view all the answers

    What is the time frame for producing electronically stored information after the initial disclosure statement?

    <p>40 days after the initial disclosure</p> Signup and view all the answers

    What must a court do after designating a case as complex?

    <p>Conduct a scheduling conference to manage discovery and disclosure.</p> Signup and view all the answers

    What should be included in the list of items of personal property for disclosure?

    <p>Items including furniture, vehicles, and their current fair market values</p> Signup and view all the answers

    What information is generally discoverable under these rules?

    <p>Any nonprivileged matter relevant to any party's claim or defense.</p> Signup and view all the answers

    What documents related to trusts must be disclosed?

    <p>Documents related to any trust in which the party has a beneficial interest</p> Signup and view all the answers

    Which of the following statements is correct regarding opinion work product?

    <p>It is protected against discovery without the court's order.</p> Signup and view all the answers

    What is the requirement for disclosing the value of retirement accounts?

    <p>Statements showing values, contributions, and withdrawals since marriage, if relevant</p> Signup and view all the answers

    When can a party obtain discovery from electronic sources deemed not reasonably accessible?

    <p>Only if a party shows a substantial need for the information.</p> Signup and view all the answers

    What documentation is necessary for disclosing business interests?

    <p>Business tax returns and financial statements for the last 5 years</p> Signup and view all the answers

    Which condition is relevant for the court to extend the time for parties to complete discovery?

    <p>If the case is designated as complex.</p> Signup and view all the answers

    Which of the following is true about the prescribed format for producing electronically stored information?

    <p>The format must preserve original metadata</p> Signup and view all the answers

    What is required if a party wishes to write and serve written interrogatories?

    <p>They must follow the guidelines established by Rule 60.</p> Signup and view all the answers

    What type of statement can be obtained by a party or person without showing required under Rule 51(b)(3)(A)?

    <p>Any previous statement about the action or subject matter</p> Signup and view all the answers

    What role does Rule 51(b)(1) play regarding the adequacy of disclosure?

    <p>It defines limits of disclosures under electronically stored information.</p> Signup and view all the answers

    What is generally not required to be disclosed in the context of property ownership?

    <p>Personal relationships with property holders</p> Signup and view all the answers

    Under which condition can a party discover facts known or opinions held by an expert not expected to be called at trial?

    <p>When exceptional circumstances make it impracticable to obtain similar information otherwise</p> Signup and view all the answers

    What is the deadline for disclosing a party's expected witnesses before trial?

    <p>60 days before the trial</p> Signup and view all the answers

    What must a party do if they withhold information claiming it to be privileged or protected as work-product?

    <p>Promptly identify and describe the withheld information</p> Signup and view all the answers

    Which items may be included in the list of personal property for disclosure?

    <p>Items such as antiques, vehicles, and artwork</p> Signup and view all the answers

    What is NOT required for a subpoena according to the rules?

    <p>The number of witnesses expected to testify</p> Signup and view all the answers

    What is a party required to do if they learn that their discovery response has become materially incomplete or incorrect?

    <p>Supplement or correct the response in a timely manner</p> Signup and view all the answers

    What does Rule 65(a)(4) pertain to in the context of discovery?

    <p>Awarding fees for expert testimony</p> Signup and view all the answers

    What must be included in every discovery or disclosure motion according to the rules?

    <p>A good faith consultation certificate</p> Signup and view all the answers

    What must a party do after being notified of an inadvertently produced document that is subject to privilege?

    <p>Return, sequester, or destroy the specified document</p> Signup and view all the answers

    When may a court impose sanctions in connection with discovery?

    <p>For unreasonable or obstructive conduct related to discovery</p> Signup and view all the answers

    What should a party do if they wish to testify telephonically?

    <p>Request permission before the scheduled hearing</p> Signup and view all the answers

    How quickly must a party respond to a written discovery request claiming privilege?

    <p>As soon as possible, but no later than 30 days</p> Signup and view all the answers

    What are the requirements for a valid subpoena?

    <p>It must clearly command action from the person receiving it</p> Signup and view all the answers

    What is required from the court regarding expert fees in discovery?

    <p>The party seeking discovery must always pay the expert a reasonable fee</p> Signup and view all the answers

    What is required after a written objection to a subpoena is made?

    <p>The issuing party must seek a court order to compel compliance.</p> Signup and view all the answers

    What is the minimum time frame a person must be given to comply with a subpoena to produce materials?

    <p>14 days</p> Signup and view all the answers

    Where must a subpoena commanding attendance at a deposition be issued from?

    <p>The superior court in the county where the action is pending.</p> Signup and view all the answers

    If a subpoena does not specify the form for electronically stored information, how may it be produced?

    <p>In native form or in another usable form.</p> Signup and view all the answers

    What must a subpoena commanding attendance at a deposition state regarding the testimony recording method?

    <p>It must specify the method for recording the testimony.</p> Signup and view all the answers

    What document is necessary for a party to compel compliance after an objection to a subpoena?

    <p>A motion to compel discovery.</p> Signup and view all the answers

    What is the time limit to serve an objection to a subpoena after it has been served?

    <p>Before the compliance time specified</p> Signup and view all the answers

    Under what circumstances may a person object to producing electronically stored information?

    <p>If it creates an undue burden or expense.</p> Signup and view all the answers

    Under what conditions must a person attend a deposition despite objecting to a part of a subpoena?

    <p>If the subpoena commands attendance at a deposition</p> Signup and view all the answers

    What is a requirement for a subpoena that commands attendance at a trial?

    <p>It must issue from the superior court in the county of the trial.</p> Signup and view all the answers

    What must happen if a person withholds subpoenaed information claiming privilege?

    <p>They must comply with specific rules regarding the claim</p> Signup and view all the answers

    Who is allowed to serve a subpoena?

    <p>Anyone who is at least 18 years old and not a party</p> Signup and view all the answers

    What should a person responding to a subpoena do with the documents they produce?

    <p>Produce them as they are kept in the usual course of business.</p> Signup and view all the answers

    If a subpoena does not require attendance but commands the production of documents, what is true?

    <p>The person does not need to appear at the place of production.</p> Signup and view all the answers

    What happens if a subpoena commands attendance but does not tender fees?

    <p>The person may not need to attend</p> Signup and view all the answers

    What can the issuing court do if a person fails to comply with a subpoena?

    <p>They can hold the person in contempt</p> Signup and view all the answers

    What must the clerk do when issuing a subpoena?

    <p>Sign it and leave it blank for a party to complete.</p> Signup and view all the answers

    What is the correct procedure if a person wishes to challenge a subpoena?

    <p>File a written objection and await further instructions.</p> Signup and view all the answers

    What must be included in proof of service for a subpoena?

    <p>A certificate from the server</p> Signup and view all the answers

    What must be included in a command to attend a deposition, hearing, or trial?

    <p>The specific date, time, and place.</p> Signup and view all the answers

    In what scenario may a court quash or modify a subpoena?

    <p>If it requires the disclosure of privileged information</p> Signup and view all the answers

    What should a party do if they object to a part of a combined subpoena?

    <p>Attend the deposition and not comply with the rest</p> Signup and view all the answers

    What is the reason for needing a court order when a subpoena is objected to?

    <p>To compel the recipient to comply with the original request.</p> Signup and view all the answers

    In what situation may a subpoena include commands to produce information?

    <p>When commanded attendance at a deposition or trial.</p> Signup and view all the answers

    What is the responsibility of a party serving a subpoena regarding undue burden?

    <p>To avoid imposing undue burden or expense</p> Signup and view all the answers

    What must occur after a motion to quash or modify a subpoena is filed?

    <p>The party who served must be notified</p> Signup and view all the answers

    When may a court allow production or appearance under specified conditions instead of modifying a subpoena?

    <p>If there is a substantial need for the testimony</p> Signup and view all the answers

    What must happen if a motion to quash a subpoena is denied?

    <p>The person must comply with the original subpoena</p> Signup and view all the answers

    What is required before the court may order service by publication?

    <p>Service must be made with reasonable diligence on the expected adverse party.</p> Signup and view all the answers

    Under which circumstances must a failure to obey a subpoena be excused?

    <p>When the individual is neither a party nor a party's officer.</p> Signup and view all the answers

    In the context of opposing a petition, when must the opposition be filed?

    <p>At least 5 days before the hearing date.</p> Signup and view all the answers

    What does the court need to ensure when allowing discovery under the rules?

    <p>That perpetuating testimony prevents failure or delay of justice.</p> Signup and view all the answers

    What must a party seeking a protective order demonstrate to the court?

    <p>The necessity of avoiding undue burden or expense.</p> Signup and view all the answers

    Who must serve the motion when seeking to perpetuate testimony?

    <p>The moving party must serve the motion.</p> Signup and view all the answers

    Which of the following options is NOT a provision for a protective order?

    <p>Setting a fixed price for disclosure.</p> Signup and view all the answers

    What must happen before the court can enter an order limiting disclosure of information?

    <p>The party seeking confidentiality must demonstrate good cause.</p> Signup and view all the answers

    Under what condition is the appointment of counsel required when a deposition is authorized?

    <p>If the expected adverse party is unrepresented by counsel.</p> Signup and view all the answers

    What happens if a motion for a protective order is denied in part or wholly?

    <p>The court may order that discovery still proceed under just terms.</p> Signup and view all the answers

    What is a necessary requirement for taking a deposition in a foreign country?

    <p>An applicable treaty or convention must be followed.</p> Signup and view all the answers

    Which statement correctly describes the rights of subpoena recipients under Rule 52?

    <p>They have nonparty rights regardless of being classified differently.</p> Signup and view all the answers

    Which of the following is NOT a requirement for a verified petition to preserve testimony before an action is filed?

    <p>Stating the expected adverse party's financial status.</p> Signup and view all the answers

    What must the petitioner do before the court can hold a hearing on a petition for discovery?

    <p>Serve each expected adverse party with a notice of the hearing.</p> Signup and view all the answers

    What must a motion for perpetuating testimony include?

    <p>The substance of the expected testimony or other discovery.</p> Signup and view all the answers

    How can a deposition in a pending superior court action be taken?

    <p>With notice prescribed by these rules without a special writ.</p> Signup and view all the answers

    What is one requirement for a confidentiality order to remain in place according to the guidelines?

    <p>The party seeking it must continuously show good cause.</p> Signup and view all the answers

    What does a party need to include with their motion for a confidentiality order?

    <p>Proposed findings of fact accompanying the order.</p> Signup and view all the answers

    What is one of the subjects the court must specify in its order for examination?

    <p>The subject matter of the permitted examination.</p> Signup and view all the answers

    Which statement is true regarding the least restrictive means provision for confidentiality orders?

    <p>It mandates using the least restrictive means necessary to maintain confidentiality.</p> Signup and view all the answers

    Which of the following is NOT a method for serving the opposition to a petition?

    <p>Email</p> Signup and view all the answers

    What can a person seeking to perpetuate testimony do before any action is filed?

    <p>File a verified petition in the superior court.</p> Signup and view all the answers

    What happens if no timely notice is filed under Rule 2(a)?

    <p>It may result in losing the right to contest.</p> Signup and view all the answers

    What is required if the court orders a hearing on a petition for discovery?

    <p>The court must hold a hearing if there is no stipulation from parties involved.</p> Signup and view all the answers

    What should accompany a discovery request when preserving evidence?

    <p>Justification for the need to preserve evidence.</p> Signup and view all the answers

    What is required for the clerk to issue a letter of request or commission?

    <p>At least one full day's notice must be provided.</p> Signup and view all the answers

    What is necessary for a court to permit a deposition to amplify testimony?

    <p>Satisfaction that it prevents failure or delay of justice.</p> Signup and view all the answers

    What can happen if a party is served with a subpoena that violates the specified rules?

    <p>They must seek an exemption from compliance.</p> Signup and view all the answers

    Under what circumstance is a deposition typically not permitted?

    <p>When the deponent is related to a party's attorney.</p> Signup and view all the answers

    Under what condition do findings of fact not need to be made when ruling on confidentiality orders?

    <p>If the parties have stipulated to such an order.</p> Signup and view all the answers

    What must a party include when filing a motion to modify any discovery procedure?

    <p>A certificate of consultation compliant with Rule 9(c).</p> Signup and view all the answers

    How long must a party provide notice before deposing someone?

    <p>Ten days before the deposition.</p> Signup and view all the answers

    What condition allows for deposing a party earlier than 30 days after serving the summons and petition?

    <p>When all parties mutually agree in writing.</p> Signup and view all the answers

    Which method of recording a deposition is NOT permitted?

    <p>Recording by a non-certified reporter.</p> Signup and view all the answers

    What must happen for a party to compel a non-party deponent's attendance?

    <p>A subpoena must be served.</p> Signup and view all the answers

    How is the cost of a transcription usually handled?

    <p>By the party who originally noticed the deposition.</p> Signup and view all the answers

    What is required when a deposition notice is served?

    <p>The date and location of the deposition must be included.</p> Signup and view all the answers

    What is a person disqualified from taking a deposition in relation to the parties?

    <p>Any party's relative or employee.</p> Signup and view all the answers

    What must the court do before the clerk can issue a letter of request or commission?

    <p>Review and approve the objection filed.</p> Signup and view all the answers

    What type of deponent may be deposed only with the custodian's agreement or court leave?

    <p>An incarcerated person.</p> Signup and view all the answers

    Which of the following is TRUE regarding a deposition by remote means?

    <p>The recorded testimony can occur in Arizona regardless of the deponent's location.</p> Signup and view all the answers

    What entities may be named as deponents in a deposition notice or subpoena?

    <p>Public and private corporations, partnerships, and other entities</p> Signup and view all the answers

    What must an entity do after being named as a deponent?

    <p>Designate persons to testify on its behalf</p> Signup and view all the answers

    What is the time frame for a party to object if not present during a deposition?

    <p>30 minutes after the deposition start time</p> Signup and view all the answers

    Under what circumstances may a deponent refuse to answer a question?

    <p>When preserving a privilege or enforcing a court order</p> Signup and view all the answers

    What may happen if a deposition is conducted in bad faith?

    <p>Termination or limitation of the deposition may be ordered</p> Signup and view all the answers

    How long does a deponent have to review the transcript after the deposition?

    <p>30 days</p> Signup and view all the answers

    What must a certified reporter include in the record during a deposition?

    <p>All objections made during the deposition</p> Signup and view all the answers

    What is the presumptive time limit for a deposition unless agreed otherwise?

    <p>4 hours</p> Signup and view all the answers

    What must an officer do after certifying a deposition?

    <p>Seal it and deliver it to the arranging attorney</p> Signup and view all the answers

    What may result from unreasonable conduct during a deposition?

    <p>Imposition of appropriate sanctions</p> Signup and view all the answers

    What must the officer note if a deponent provides changes after reviewing the transcript?

    <p>The officer must attach the changes to their certification</p> Signup and view all the answers

    What happens if a deposition is ended without a good cause?

    <p>A motion may be filed to compel continuation</p> Signup and view all the answers

    What type of objection may a party not make during a deposition?

    <p>Relevance objections</p> Signup and view all the answers

    What must a party do to preserve the right to object to the admissibility of deposition testimony?

    <p>Make the objection known during the deposition.</p> Signup and view all the answers

    How may a party use a deposition taken in a different action during a trial?

    <p>As allowed by the Arizona Rules of Evidence.</p> Signup and view all the answers

    What can a party do if they want to keep the original documents produced during a deposition?

    <p>Offer copies to be used in place of the originals.</p> Signup and view all the answers

    What is the maximum number of written interrogatories a party may serve on another party unless there is an agreement or court order?

    <p>40</p> Signup and view all the answers

    What must a party provide if they wish to offer deposition testimony at trial for a non-impeachment purpose?

    <p>A transcript and page/line designations.</p> Signup and view all the answers

    What must a party do if they want to serve more than 40 interrogatories?

    <p>Request a written stipulation from the other party</p> Signup and view all the answers

    If a party fails to serve a subpoena to a nonparty deponent resulting in their absence, what can the noticing party recover?

    <p>Reasonable expenses including attorney fees.</p> Signup and view all the answers

    What must be included in the examiner's written report?

    <p>Detailing of the examiner's findings and diagnoses</p> Signup and view all the answers

    What requirement must be met for the court to order that originals be attached to a deposition?

    <p>A motion must be filed by one of the parties.</p> Signup and view all the answers

    Which of the following statements is true regarding nonuniform interrogatories?

    <p>They must be served to every party who has appeared in the action.</p> Signup and view all the answers

    What happens if a party only offers part of a deposition in evidence?

    <p>The offering party may be required to show related parts.</p> Signup and view all the answers

    Under what condition may a party request the examiner's report after an examination?

    <p>Within 20 days of the examination or request</p> Signup and view all the answers

    What is required when filing a motion for additional interrogatories?

    <p>A copy of the proposed additional interrogatories and a good faith consultation certificate</p> Signup and view all the answers

    What opportunity must be given to all parties if originals are shown after being marked during a deposition?

    <p>The chance to inspect and copy the originals.</p> Signup and view all the answers

    What happens if a party does not respond to a request for admission?

    <p>The matter is admitted</p> Signup and view all the answers

    Answers to interrogatories must be signed by whom?

    <p>The party answering under oath</p> Signup and view all the answers

    When must the responding party serve its answers and objections after being served with interrogatories?

    <p>Within 40 days</p> Signup and view all the answers

    What must a party do to object to an officer's qualification in a deposition?

    <p>Object promptly as soon as the basis for disqualification is known.</p> Signup and view all the answers

    What must accompany a request to admit the genuineness of a document?

    <p>A copy of the document</p> Signup and view all the answers

    What must the officer do upon payment of a reasonable charge concerning deposition transcripts?

    <p>Give copies to any party or to the deponent.</p> Signup and view all the answers

    An intervenor in a legal proceeding must treat what as a separate interrogatory?

    <p>Subparts to a non-uniform interrogatory</p> Signup and view all the answers

    What must a party include in their response if they deny a request?

    <p>Grounds for the denial</p> Signup and view all the answers

    If a deposition testimony is deemed inadmissible, what can a party do during a hearing or trial?

    <p>Object to the admissibility upon hearing it.</p> Signup and view all the answers

    What is the primary purpose of a good faith consultation certificate in the context of additional interrogatories?

    <p>To provide a record of communication with the opposing party regarding additional interrogatories</p> Signup and view all the answers

    What is the maximum number of requests for admission a party may serve without agreement or court order?

    <p>25 requests</p> Signup and view all the answers

    In convenience of using deposition testimony at trial, what is true regarding the deponent's presence?

    <p>The deposition can be used regardless of the deponent's presence.</p> Signup and view all the answers

    What happens if a responding party does not state a ground for objecting to an interrogatory in a timely manner?

    <p>The objection is waived unless excused by the court.</p> Signup and view all the answers

    What consequence may occur if a party fails to comply with disclosure rules?

    <p>A motion may be filed to compel disclosure</p> Signup and view all the answers

    Which of the following best describes an evasive or incomplete disclosure?

    <p>A response that partially answers the question</p> Signup and view all the answers

    Which rule outlines the topics that can be included in an interrogatory?

    <p>Rule 51(b)</p> Signup and view all the answers

    What must a party do if they wish to object to an error in the deposition notice?

    <p>Serve a written objection promptly to the party giving the notice.</p> Signup and view all the answers

    If a party’s answer to an interrogatory can be determined by examining records, what must the responding party do?

    <p>Specify the records that must be reviewed.</p> Signup and view all the answers

    What can be done if a requesting party is not satisfied with a response to their request?

    <p>They may move to determine the sufficiency of the response</p> Signup and view all the answers

    In what time frame can a respondent serve its answers and objections if it is served after execution of an acceptance of service?

    <p>60 days after service</p> Signup and view all the answers

    What ensures that a request for examining health can only proceed with specific conditions?

    <p>Exclusion of video or audio recordings</p> Signup and view all the answers

    What must be provided if a recording of an examination is requested?

    <p>A copy of the recording</p> Signup and view all the answers

    What are uniform interrogatories used for in legal proceedings?

    <p>To offer standard questions applicable across different cases</p> Signup and view all the answers

    How are objections to interrogatories required to be presented?

    <p>With as much detail as possible</p> Signup and view all the answers

    What is the consequence of admitting a matter under the requests for admission rule?

    <p>The admission is only conclusive for the current action</p> Signup and view all the answers

    What is required if a party wishes to compel discovery responses?

    <p>A motion must be filed with all parties served</p> Signup and view all the answers

    What is stipulated in the waiver of privilege regarding examinations?

    <p>Privileges remain intact post-examination</p> Signup and view all the answers

    Under what circumstances may the court NOT require payment of expenses by the movant?

    <p>If the motion was filed without good faith effort to resolve issues</p> Signup and view all the answers

    What happens if the court denies a motion?

    <p>The court may apportion expenses if the motion was partially granted</p> Signup and view all the answers

    Which of the following is NOT a potential sanction for failing to comply with a discovery order?

    <p>Compelling a settlement negotiation</p> Signup and view all the answers

    What criterion must be shown to use information disclosed later than the set deadline?

    <p>The party could not have discovered the information earlier with due diligence</p> Signup and view all the answers

    What is the duty of a party regarding the preservation of electronically stored information?

    <p>To take reasonable steps to ensure its preservation once litigation is anticipated</p> Signup and view all the answers

    Which condition may lead to the court presuming that lost electronically stored information was unfavorable to the party?

    <p>The party acted in bad faith regarding the preservation of information</p> Signup and view all the answers

    What may the court do if electronically stored information cannot be restored through additional discovery?

    <p>Order measures necessary to cure the prejudice resulting from the loss</p> Signup and view all the answers

    What factors does the court consider when assessing reasonable steps to preserve electronically stored information?

    <p>The technical sophistication and resources of the parties</p> Signup and view all the answers

    When may a court impose sanctions for the failure to preserve electronically stored information?

    <p>If the failure was prejudicial to another party</p> Signup and view all the answers

    What is required for a party to be excused from liability for failure to comply with a discovery order?

    <p>A demonstration that all reasonable steps were taken to comply</p> Signup and view all the answers

    What must a party do before using a witness or document disclosed after a scheduling order deadline?

    <p>Obtain leave of court by motion</p> Signup and view all the answers

    What does a party need to show when seeking to use information not disclosed by the deadline?

    <p>The party disclosed the information as soon as practicable</p> Signup and view all the answers

    What may occur if a discovery motion is granted in part and denied in part?

    <p>The court may apportion reasonable expenses involved</p> Signup and view all the answers

    What must a request specify about the time for inspection and related acts?

    <p>It must include a specific time frame for inspection.</p> Signup and view all the answers

    What is the maximum number of items or distinct categories that can be requested without agreement or court order?

    <p>10 items.</p> Signup and view all the answers

    When must a party respond to a request for inspection if no court order or agreement exists?

    <p>Within 40 days.</p> Signup and view all the answers

    What should a party do if it objects to a part of a request?

    <p>Specify the objectionable part and allow inspection of the rest.</p> Signup and view all the answers

    What must an order for a physical or mental examination specify?

    <p>The time, place, and manner of the examination.</p> Signup and view all the answers

    Which is true about producing electronically stored information?

    <p>It must be produced in the form the receiving party requests.</p> Signup and view all the answers

    What is a requirement for an order to compel an examination in a legal case?

    <p>It must be granted on motion for good cause.</p> Signup and view all the answers

    What is the maximum timeframe for notice prior to an examination?

    <p>30 days.</p> Signup and view all the answers

    What happens if a party fails to appear for a noticed examination?

    <p>The court may impose sanctions or orders concerning the failure.</p> Signup and view all the answers

    What must a party do if they want to object to the designated examiner for an examination?

    <p>File a motion in court to change the examiner.</p> Signup and view all the answers

    How should a party produce documents when under request?

    <p>As they are kept in the usual course of business or organized according to the request.</p> Signup and view all the answers

    What should be included in a request concerning inspection of property?

    <p>A description of the designated land or property.</p> Signup and view all the answers

    What should a party do if they object to producing some materials but have responsive materials?

    <p>Specify the objection but permit inspection of the other materials.</p> Signup and view all the answers

    What right does a person have during a physical or vocational examination?

    <p>To have a representative present during the examination.</p> Signup and view all the answers

    What is the role of a family law master in the alternative dispute resolution process?

    <p>To submit reports on disputed issues to the court</p> Signup and view all the answers

    Which process is characterized by non-confidential negotiations conducted by a neutral negotiator?

    <p>Open Negotiation</p> Signup and view all the answers

    What does the term 'alternative dispute resolution' encompass in family law cases?

    <p>A variety of non-adversarial resolution methods</p> Signup and view all the answers

    In the context of ADR, which statement regarding mediation is accurate?

    <p>Mediation is a voluntary and confidential process.</p> Signup and view all the answers

    Which process involves a neutral third party making recommendations on legal decision-making and parenting time?

    <p>Parenting Coordinator</p> Signup and view all the answers

    What is a key characteristic of a settlement conference in ADR?

    <p>It is conducted by a neutral judge or officer.</p> Signup and view all the answers

    What is the fundamental purpose of implementing ADR in family law cases?

    <p>To encourage non-adversarial resolutions to disputes</p> Signup and view all the answers

    Which of the following is NOT a defined method of alternative dispute resolution?

    <p>Decision Tree Analysis</p> Signup and view all the answers

    Under what conditions can a lawyer represent a party after a collaborative law process has concluded?

    <p>If there are reasonable measures taken for the party's protection.</p> Signup and view all the answers

    Which of the following accurately describes the requirements for disqualifying a collaborative lawyer?

    <p>The disqualification applies whether or not fees are charged.</p> Signup and view all the answers

    Which of the following is NOT a requirement of a collaborative law participation agreement?

    <p>It must include the payment terms for collaborative services.</p> Signup and view all the answers

    What must a collaborative lawyer assess before a prospective party signs the participation agreement?

    <p>The appropriateness of the collaborative law process for the party's matter.</p> Signup and view all the answers

    When does a collaborative law process terminate?

    <p>When a party notifies others that the process is concluded.</p> Signup and view all the answers

    What happens if a party unilaterally initiates a tribunal proceeding related to the collaborative matter?

    <p>The collaborative law process is terminated.</p> Signup and view all the answers

    Which action will NOT lead to the termination of a collaborative law process?

    <p>Filing a notice of an agreement with a tribunal.</p> Signup and view all the answers

    In which situation may a collaborative lawyer disclose information that is normally restricted?

    <p>When permitted by law other than collaborative rules.</p> Signup and view all the answers

    What must occur after a collaborative lawyer withdraws from representing a party?

    <p>The party must retain a new collaborative lawyer within 30 days.</p> Signup and view all the answers

    Under what condition can a collaborative law process not be concluded?

    <p>If a party agrees to a tribunal's approval of the resolution.</p> Signup and view all the answers

    What is required for a government party to receive representation after the collaborative law process?

    <p>Isolation procedures must be implemented within the law firm.</p> Signup and view all the answers

    Which of the following best describes the obligations of a collaborative lawyer regarding a client's disclosures?

    <p>They must ensure timely and full disclosure upon request.</p> Signup and view all the answers

    Which of the following is a characteristic of the collaborative law process?

    <p>It can continue despite the withdrawal of a party's lawyer if certain conditions are met.</p> Signup and view all the answers

    What is required from a tribunal if a collaborative process is ongoing?

    <p>A status report on the collaborative process must be filed.</p> Signup and view all the answers

    What should a collaborative lawyer do if they suspect a party has a history of coercive or violent relationships?

    <p>Make reasonable inquiries prior to the agreement signing.</p> Signup and view all the answers

    How must parties manage the definition of disclosure during the collaborative law process?

    <p>They must define the scope mutually within the agreement.</p> Signup and view all the answers

    What happens if a party jointly requests a stay of proceedings in an ongoing case with a tribunal?

    <p>The notice of agreement must be filed promptly with the tribunal.</p> Signup and view all the answers

    What must happen before the collaborative process begins concerning informed consent?

    <p>The lawyer provides an overview of all alternatives to collaborative law.</p> Signup and view all the answers

    Which is NOT a means by which a collaborative law process can be concluded?

    <p>Continuation with a new collaborative lawyer.</p> Signup and view all the answers

    What is a condition under which another lawyer in the same firm can represent a low-income party in a collaborative matter?

    <p>The party must have a specific agreement with the collaborative lawyer.</p> Signup and view all the answers

    What must be included in a collaborative law participation agreement?

    <p>Identification of the collaborative lawyers.</p> Signup and view all the answers

    What role does the collaborative lawyer play regarding the professional responsibility standards?

    <p>Their obligations are unaffected by the collaborative rules.</p> Signup and view all the answers

    Which of these actions requires a tribunal's intervention during a collaborative law process?

    <p>Issuing emergency orders.</p> Signup and view all the answers

    What aspect of collaborative law participation agreements is allowed?

    <p>Parties may include additional provisions that align with the rules.</p> Signup and view all the answers

    Which provision allows a collaborative lawyer to represent a party in an emergency situation?

    <p>If there is an immediate threat to health, safety, or welfare.</p> Signup and view all the answers

    What does a collaborative lawyer's withdrawal trigger?

    <p>Notification obligation to other parties about the withdrawal.</p> Signup and view all the answers

    What must a party do to continue a collaborative law process after discharging a lawyer?

    <p>File a modified collaborative agreement within 30 days.</p> Signup and view all the answers

    Under what condition may a collaborative lawyer continue the collaborative law process involving parties with a history of violence?

    <p>The party requests continuation and safety can be adequately protected.</p> Signup and view all the answers

    What makes a collaborative law communication privileged under the law?

    <p>It is part of a signed agreement by all involved parties.</p> Signup and view all the answers

    Which scenario does NOT undermine the privilege of collaborative law communication?

    <p>The communication is used to establish a defense in a legal proceeding.</p> Signup and view all the answers

    Which statement accurately reflects a limitation of privilege in a collaborative law process?

    <p>There is no privilege if the communication involves a threat of bodily harm.</p> Signup and view all the answers

    What must happen for a party to substantially waive the privilege under collaborative law?

    <p>An express waiver must be recorded in writing.</p> Signup and view all the answers

    In which situation can a court discover or admit collaborative law communications?

    <p>When the tribunal finds a significant public interest is involved.</p> Signup and view all the answers

    Which of the following conditions will NOT allow a court to enforce an agreement resulting from a collaborative law process?

    <p>The agreement was documented but lacked specific terms.</p> Signup and view all the answers

    What is the primary limitation on a collaborative law communication's privilege?

    <p>If the communication was used for planning future crimes.</p> Signup and view all the answers

    What is the definition of an 'arbitrator' in the context of family law arbitration?

    <p>An individual selected to make decisions in a family law dispute.</p> Signup and view all the answers

    Which of the following statements regarding the enforceability of an arbitration agreement is true?

    <p>An arbitration agreement can be deemed unenforceable if it lacks clarity on the family law dispute.</p> Signup and view all the answers

    What is required to invoke the authority of a tribunal in cases of noncompliance with collaborative law participation agreements?

    <p>At least one party must file a motion for enforcement.</p> Signup and view all the answers

    What is the primary function of an 'arbitration organization'?

    <p>To sponsor and administer the arbitration process.</p> Signup and view all the answers

    Which circumstance will NOT lead to the waiver of a collaborative law communication privilege?

    <p>A party discusses the communication with their spouse.</p> Signup and view all the answers

    For which of the following reasons can a collaborative law communication be disclosed?

    <p>To prove or disprove claims of abuse or neglect.</p> Signup and view all the answers

    In the context of family law disputes, which of the following classifications is NOT applicable to a 'child-related dispute'?

    <p>Financial support for adult children.</p> Signup and view all the answers

    What happens if a communication is disclosed during a collaborative law process without the required consent?

    <p>Only the specific communication may be considered inadmissible.</p> Signup and view all the answers

    What must an arbitration agreement include to comply with regulations?

    <p>A record signed by the parties indicating their intention to arbitrate.</p> Signup and view all the answers

    Which factor does NOT contribute to a tribunal's decision to enforce an informal collaborative law agreement?

    <p>There were no formal filings, but a common understanding existed.</p> Signup and view all the answers

    Which of the following is NOT a determined scope of arbitration according to the rules provided?

    <p>Adoption proceedings.</p> Signup and view all the answers

    Which of the following statements is true regarding the confidentiality of collaborative law communications?

    <p>Confidentiality is maintained only under specific agreements.</p> Signup and view all the answers

    Which party must initiate arbitration by giving notice if a dispute arises?

    <p>Either party involved in the arbitration agreement.</p> Signup and view all the answers

    Which of the following is required for an arbitrator's qualification?

    <p>To be a licensed attorney with knowledge in family law.</p> Signup and view all the answers

    What is required from an arbitrator before agreeing to serve?

    <p>Full disclosure of any known biases or interests</p> Signup and view all the answers

    What is the correct action if a party objects to the enforceability of an arbitration agreement?

    <p>The court will determine whether the agreement is enforceable.</p> Signup and view all the answers

    Which of the following categories is NOT considered a 'family law dispute'?

    <p>Disputes regarding real estate transactions.</p> Signup and view all the answers

    What must parties do if they believe an arbitrator has not made a required disclosure?

    <p>File a motion to stay arbitration within 30 days</p> Signup and view all the answers

    How is a 'record' defined in the context of arbitration agreements?

    <p>Information inscribed on a medium retrievable in perceivable form.</p> Signup and view all the answers

    Under what condition can an arbitration proceed if a party is under a protective order?

    <p>If the court determines reasonable procedures are in place</p> Signup and view all the answers

    What do the laws governing family law arbitration require of the arbitrator in terms of legal principles?

    <p>To utilize the state’s law, including choice of law principles.</p> Signup and view all the answers

    What is the duty of an arbitrator regarding the fairness of the arbitration process?

    <p>To manage the process with a focus on efficiency and fairness</p> Signup and view all the answers

    What action can a court take if an award has already been confirmed but is based on a non-disclosure?

    <p>Vacate the award upon timely motion from a party</p> Signup and view all the answers

    What happens if parties enter into an arbitration agreement after a child-related dispute has arisen?

    <p>The agreement is enforceable only if certain conditions are met.</p> Signup and view all the answers

    Which of the following is NOT a duty of the arbitrator?

    <p>Selecting legal representatives for parties</p> Signup and view all the answers

    To what extent can a party communicate with the arbitrator?

    <p>Communicate ex parte if permitted by family law</p> Signup and view all the answers

    What determines whether an arbitration can continue if a child is believed to be abused or neglected?

    <p>The arbitrator must report the abuse to authorities</p> Signup and view all the answers

    Which of the following is an obligation of all parties and their attorneys regarding disclosure?

    <p>They must continuously inform about any known facts affecting impartiality</p> Signup and view all the answers

    What constitutes a protective order within the arbitration context?

    <p>An injunction preventing harassment or contact by a party</p> Signup and view all the answers

    What is required for a temporary award to be enforced?

    <p>A party's motion to enforce the award</p> Signup and view all the answers

    What happens if parties agree to discharge an arbitrator?

    <p>A new arbitrator must be selected by agreement</p> Signup and view all the answers

    Under what circumstance can a court confirm a temporary award?

    <p>Before the final award is confirmed</p> Signup and view all the answers

    Which of the following powers is NOT included in an arbitrator's authority unless agreed otherwise?

    <p>Conduct the hearing outside of legal interpretations</p> Signup and view all the answers

    Which requirement must an arbitrator fulfill regarding awards related to child-related disputes?

    <p>State reasons for the award as per state law</p> Signup and view all the answers

    What action can an arbitrator NOT take during the arbitration process?

    <p>Prohibit one party from presenting their case</p> Signup and view all the answers

    Which of the following statements is TRUE regarding the confirmation of an arbitrator's award?

    <p>Parties must agree in writing for the confirmation to be validated</p> Signup and view all the answers

    What is the maximum time frame in which a party can request the correction of an unconfirmed award?

    <p>20 days after the notice of the award</p> Signup and view all the answers

    In which scenario is an arbitrator allowed to engage in ex parte communication?

    <p>Only in cases involving child-related disputes as certified by local law</p> Signup and view all the answers

    Which power allows an arbitrator to manage costs effectively during a dispute?

    <p>Allocate fees such as arbitration and attorney fees to relevant parties</p> Signup and view all the answers

    What is required for an arbitrator when making an award?

    <p>The award must include the rationale if not agreed otherwise</p> Signup and view all the answers

    What type of evidence may be admitted without testimony according to the rules outlined?

    <p>Documents certified by a third party</p> Signup and view all the answers

    Which authority may NOT be exercised by an arbitrator in handling disputes?

    <p>Hold informal discussions with parties and witnesses outside hearings</p> Signup and view all the answers

    What criteria must be met for a court to confirm an award determining a child-related dispute?

    <p>The award must comply with relevant state law concerning child welfare</p> Signup and view all the answers

    Which of the following is a power granted to arbitrators concerning information disclosure?

    <p>Require parties to disclose information specifically stated in law</p> Signup and view all the answers

    Under circumstances where an arbitrator detects an evident mathematical miscalculation, what can they do?

    <p>Correct the award themselves upon a party's motion</p> Signup and view all the answers

    When can an arbitrator appoint a private expert during the arbitration process?

    <p>At the expense of the parties involved in the arbitration</p> Signup and view all the answers

    What is the primary requirement for a mediator regarding confidentiality during a mediation conference?

    <p>All communications exchanged must remain confidential.</p> Signup and view all the answers

    Under what condition may a mediator communicate with the court?

    <p>To discuss the mediation schedule and procedural matters.</p> Signup and view all the answers

    What is a limitation placed on a mediator involved in a dispute resolution process?

    <p>The mediator may not mediate if they were previously involved in the case.</p> Signup and view all the answers

    Which statement is true concerning the payment for a private mediator's services?

    <p>The parties must share the costs unless directed otherwise.</p> Signup and view all the answers

    In which scenario can mediation be ordered even with concerns of domestic violence?

    <p>If safe policies and procedures are established for the victim.</p> Signup and view all the answers

    What must occur after a mediation is ordered or referred before a party can file for default?

    <p>The mediator must file a report indicating the mediation has concluded.</p> Signup and view all the answers

    What happens if a party is found to be unfit for mediation due to conduct justifying a protective order?

    <p>Mediation can only occur with protections in place.</p> Signup and view all the answers

    What is required for the parties if they choose to select a private mediator?

    <p>They must file a notice stating the mediator's name and mediation date.</p> Signup and view all the answers

    Which of the following accurately describes the role of a judge pro tempore serving as a mediator?

    <p>They have the authority to sign a Decree of Dissolution if certain conditions are met.</p> Signup and view all the answers

    What limitation exists regarding attendance at mediation conferences?

    <p>The mediator dictates who may be present.</p> Signup and view all the answers

    Which statement best describes the confidentiality of communications during mediation?

    <p>Confidentiality protections mean communication cannot be disclosed without consent.</p> Signup and view all the answers

    What is the mediator's obligation if they suspect domestic violence during mediation efforts?

    <p>The mediator must refuse to mediate or terminate the session if necessary.</p> Signup and view all the answers

    What must the court do regarding parties' right to waive mediation in domestic violence cases?

    <p>The court must send a written notice outlining the request procedure.</p> Signup and view all the answers

    Which procedural matter can the mediator communicate to the court?

    <p>The mediation schedule and any related procedural issues.</p> Signup and view all the answers

    What must the parties consider within 90 days after a respondent's appearance regarding their case?

    <p>Possibilities for prompt resolution and ADR</p> Signup and view all the answers

    Which of the following is NOT a mandatory step for parties regarding ADR participation?

    <p>Scheduling a court trial</p> Signup and view all the answers

    What is the role of attorneys and self-represented parties in the context of good faith discussions about settlement?

    <p>They are jointly responsible for good faith discussions</p> Signup and view all the answers

    Which of the following contains a process that is classified under Alternative Dispute Resolution?

    <p>Collaborative law process</p> Signup and view all the answers

    When are parties not required to personally meet or contact each other?

    <p>In cases with a domestic violence history</p> Signup and view all the answers

    What must a moving party establish to vacate an unconfirmed award due to evident partiality by the arbitrator?

    <p>There was evident partiality or misconduct by the arbitrator.</p> Signup and view all the answers

    What must a collaborative lawyer do in a collaborative law process?

    <p>Represent a party and engage in the collaborative law procedure</p> Signup and view all the answers

    What defines a 'Collaborative matter' in this context?

    <p>An issue that arises under family or domestic law</p> Signup and view all the answers

    In which situation can a court amend an award instead of vacating it?

    <p>When it is in the best interests of the child.</p> Signup and view all the answers

    Which aspect of ADR does Rule 67 primarily cover?

    <p>Requirements for collaborative law agreements</p> Signup and view all the answers

    What is required to successfully file a motion to vacate or amend an award?

    <p>The motion must establish grounds for vacating the award within 90 days of notice of the award.</p> Signup and view all the answers

    What is required for a collaborative law participation agreement to be valid?

    <p>It must involve at least two parties</p> Signup and view all the answers

    What can a party do if the court denies a motion to vacate or amend an award?

    <p>Request confirmation of the award.</p> Signup and view all the answers

    When does a party have grounds to vacate an award due to the absence of an enforceable arbitration agreement?

    <p>If the moving party participated in arbitration without objection.</p> Signup and view all the answers

    What role does a court-appointed ADR specialist play?

    <p>They evaluate and decide if ADR is suitable</p> Signup and view all the answers

    Which of the following circumstances requires a court to vacate an award regarding a child-related dispute?

    <p>The award is contrary to the best interests of the child.</p> Signup and view all the answers

    Which of the following is NOT considered a type of Alternative Dispute Resolution?

    <p>Litigation</p> Signup and view all the answers

    What does a 'Collaborative law communication' refer to?

    <p>Any statement made within the collaborative process</p> Signup and view all the answers

    What does the court do when vacating an award due to corruption, fraud, or undue means?

    <p>Order a rehearing but with a new arbitrator.</p> Signup and view all the answers

    What is a requirement for the court to modify a confirmed award based on fact occurring after confirmation?

    <p>The parties must follow the specified dispute-resolution method.</p> Signup and view all the answers

    Which of the following statements about 'Nonparty participants' is correct?

    <p>They cannot influence the agreement outcomes</p> Signup and view all the answers

    What must the court do upon issuing an order confirming or vacating an award?

    <p>Enter judgment in conformity with the order.</p> Signup and view all the answers

    What best describes a 'Tribunal' under these rules?

    <p>Any adjudicative body with decision-making authority</p> Signup and view all the answers

    Under what condition may an appeal be taken from an order denying a motion to compel arbitration?

    <p>When the appeal is made within 30 days of the order.</p> Signup and view all the answers

    What may the court do regarding documents in the arbitration record during a motion?

    <p>Seal or redact parts of the record to prevent disclosure.</p> Signup and view all the answers

    If a child-related award is judged inadequate for court review, what action can be taken?

    <p>The court can amend the award.</p> Signup and view all the answers

    What must occur for a court to enforce an arbitration award confirmed in another state?

    <p>Compliance with local laws of the enforcing state.</p> Signup and view all the answers

    What is the role of a private mediator in the mediation process?

    <p>To ensure confidentiality and facilitate discussions.</p> Signup and view all the answers

    What must be disclosed in the notice regarding conciliation court jurisdiction?

    <p>Whether a party withdrew the petition for conciliation services</p> Signup and view all the answers

    What is the primary purpose of confidentiality during conciliation services?

    <p>To allow open communication without fear of disclosure</p> Signup and view all the answers

    Under which condition can mediation be deemed inappropriate?

    <p>There is a history of domestic violence between the parties</p> Signup and view all the answers

    What action must the mediator take if no agreements are reached during mediation?

    <p>Advise the court that mediation was unsuccessful</p> Signup and view all the answers

    What must a mediation statement include to meet the mediators requirements?

    <p>A general description of the issues in dispute and supporting evidence.</p> Signup and view all the answers

    What must occur for a mediation agreement to be effective?

    <p>Signatures of the parties and their attorneys, if any</p> Signup and view all the answers

    What is a requirement for parties to attend during conciliation services?

    <p>All parties must appear at scheduled appointments</p> Signup and view all the answers

    What happens if a party fails to appear at a mediation conference?

    <p>The mediator must report their identity to the court.</p> Signup and view all the answers

    Which of the following is NOT a necessary component of a binding agreement reached in mediation?

    <p>Absolute agreement on all financial details.</p> Signup and view all the answers

    How does the court ensure the safety of a victim of domestic violence in mediation?

    <p>By setting stringent policies before mediation</p> Signup and view all the answers

    What must parties do if they wish to contest an agreement reached in mediation?

    <p>File an objection within 30 days after mediation</p> Signup and view all the answers

    When can the court deny a request to not complete mediation?

    <p>If a party provides sufficient justification for a continuance.</p> Signup and view all the answers

    Under what circumstances can a party's counsel be excluded from a private mediation conference?

    <p>Only if both the party and counsel agree.</p> Signup and view all the answers

    What occurs if the mediator believes mediation is inappropriate due to domestic violence?

    <p>Conciliation services terminate mediation</p> Signup and view all the answers

    What is required for a party regarding communication after mediation has concluded?

    <p>Notify the court about any binding agreements reached.</p> Signup and view all the answers

    If mediation is ordered by the court, what should the mediator do at the beginning of the process?

    <p>Schedule one or more individual or joint conferences</p> Signup and view all the answers

    What is the role of conciliation services at the conclusion of mediation?

    <p>To summarize agreements and areas of disagreement without revealing positions</p> Signup and view all the answers

    Which document must contain a list of outstanding debts and corresponding responsible parties during mediation?

    <p>Affidavit of Financial Information.</p> Signup and view all the answers

    What is the role of the mediator in reporting outcomes of unsuccessful mediation?

    <p>To file a report stating that mediation was attempted but unsuccessful.</p> Signup and view all the answers

    What occurs if a party fails to appear for a scheduled appointment?

    <p>The evaluator will report to the court the failure to appear</p> Signup and view all the answers

    What must be included in a mediation agreement for it to be enforceable?

    <p>Signatures from legal representatives and parties</p> Signup and view all the answers

    What type of information may a settlement memorandum need to include if required?

    <p>Summary of prior negotiations and party positions.</p> Signup and view all the answers

    Who can attend mediation conferences, according to conciliation services rules?

    <p>Any person deemed appropriate by the mediator</p> Signup and view all the answers

    When is a party considered to have participated adequately in a settlement conference?

    <p>By attending in person as required.</p> Signup and view all the answers

    Which condition must be met for a mediation agreement to be legally binding?

    <p>The agreement must contain acknowledgments of fairness and voluntariness.</p> Signup and view all the answers

    What must happen if a party does not provide a mediation statement as required?

    <p>Sanctions may be imposed by the court.</p> Signup and view all the answers

    In what scenario can other individuals participate in mediation sessions?

    <p>If they agree in writing to confidentiality provisions.</p> Signup and view all the answers

    What should be included in the content of a settlement memorandum related to financial issues?

    <p>Affidavit of Financial Information with debts and assets.</p> Signup and view all the answers

    What is a necessary condition for an agreement reached at a settlement conference to be considered binding?

    <p>Each party must acknowledge they entered voluntarily and with full disclosure.</p> Signup and view all the answers

    Which of the following statements is true regarding the court's responsibilities in cases involving domestic violence?

    <p>The court must establish procedures to protect the victim from harm if domestic violence is found.</p> Signup and view all the answers

    What must the settlement conference judge report to the court if no agreement was reached?

    <p>A brief report stating that the conference was unsuccessful, mentioning any agreements and unresolved issues.</p> Signup and view all the answers

    What is the maximum period within which the conciliation court must complete its services after a petition is filed?

    <p>60 days</p> Signup and view all the answers

    Which of the following services is NOT provided by the conciliation court?

    <p>Facilitation of child adoption applications.</p> Signup and view all the answers

    What must a party demonstrate when requesting an extension of a stay during conciliation proceedings?

    <p>Good cause for the extension along with a plan for reconciliation.</p> Signup and view all the answers

    What role does the judge play regarding the findings necessary for approving an agreement?

    <p>The judge must make findings necessary under A.R.S.§ 25-317.</p> Signup and view all the answers

    If a party withdraws a request for conciliation services, what is required?

    <p>Approval from the conciliation court.</p> Signup and view all the answers

    Which of the following is NOT a condition for an agreement to be deemed fair and equitable?

    <p>Both parties feeling satisfied.</p> Signup and view all the answers

    When can neither party file a petition for dissolution during conciliation services?

    <p>During the 60-day period after the petition for conciliation services is filed.</p> Signup and view all the answers

    What must the conciliation court do after concluding conciliation services?

    <p>Notify the assigned judge of the conclusion.</p> Signup and view all the answers

    How often can a party request a stay during a 12-month period?

    <p>Only one stay may be entered.</p> Signup and view all the answers

    What information must be excluded from the report filed by the settlement conference judge?

    <p>Parties' respective positions.</p> Signup and view all the answers

    What may a court require from a noncompliant party in addition to another sanction?

    <p>Compensation to the opposing party</p> Signup and view all the answers

    What must be demonstrated for an agreement to be in the best interests of children involved?

    <p>The child's physical and emotional needs are taken into account.</p> Signup and view all the answers

    What authority does the court have when an objection is filed regarding a master's report?

    <p>The court may set oral argument, adopt, modify, or reject the report.</p> Signup and view all the answers

    Under what condition can the court deny ordering payment of reasonable expenses?

    <p>If the noncompliance was found unjustified</p> Signup and view all the answers

    Under what circumstance can a court not reverse a finding of fact made by a special master?

    <p>If the parties stipulate that the findings are final.</p> Signup and view all the answers

    What must be specified in the order appointing a family law master?

    <p>The issues referred to the master and the hearing schedule</p> Signup and view all the answers

    What does the master have the power to regulate during hearings?

    <p>Regulate proceedings and ensure efficiency</p> Signup and view all the answers

    What may the court impose sanctions for in proceedings before a master?

    <p>Conduct intended to harass another party or increase litigation costs.</p> Signup and view all the answers

    What must a professional appointed for asset division do according to the court's order?

    <p>Calculate the parties' relative interests and address other issues.</p> Signup and view all the answers

    What happens if a party fails to appear at a scheduled meeting with the master?

    <p>The master may proceed ex parte or reschedule</p> Signup and view all the answers

    What is required for a master to rule on admissibility of evidence?

    <p>Explicit directions in the appointment order</p> Signup and view all the answers

    What qualifications must a conference officer have to be appointed?

    <p>A bachelor's degree and completion of basic mediation training.</p> Signup and view all the answers

    What is the nature of the conference officer's report after a conference concludes?

    <p>It lists the parties' agreements or disagreements only.</p> Signup and view all the answers

    What is the time frame for a party to file an objection to the master's report?

    <p>15 days after the report is mailed</p> Signup and view all the answers

    What is one of the powers a professional appointed under the employment benefits rule has?

    <p>To require the appearance of any party with a summons.</p> Signup and view all the answers

    What occurs if no objection is filed against the master's report?

    <p>The master's report becomes an order of the court</p> Signup and view all the answers

    Which party can serve subpoenas to compel witness attendance before the master?

    <p>Any party involved in the proceedings</p> Signup and view all the answers

    What does the court need to provide when appointing a professional for dividing retirement benefits?

    <p>Identify the specific assets to be divided.</p> Signup and view all the answers

    What is one limitation placed on a conference officer during a conference?

    <p>They cannot provide legal advice to the parties.</p> Signup and view all the answers

    What must the master include in their report submitted to the court?

    <p>Requested findings of fact and conclusions of law</p> Signup and view all the answers

    What role does a family law master have under Arizona law?

    <p>Have immunity for acts consistent with the appointment order.</p> Signup and view all the answers

    What action must a party take to express objections on the master's report?

    <p>File a motion to modify or reject the report</p> Signup and view all the answers

    What is one limitation on a family law master's powers?

    <p>They may make decisions concerning parenting time</p> Signup and view all the answers

    What must a court do upon filing an objection to a master's report within 30 days?

    <p>Set oral argument or enter an order concerning the objection.</p> Signup and view all the answers

    What must conciliation services do if the parties reach an agreement concerning legal decision-making before the evaluation is completed?

    <p>Notify the court and conciliation services immediately</p> Signup and view all the answers

    What limitation applies when a county opts to use family law masters?

    <p>Counties may choose not to employ family law masters.</p> Signup and view all the answers

    How should the master handle the evidence offered during a hearing if a record is requested?

    <p>The master must make a record as per Rule 104 requirements</p> Signup and view all the answers

    Which of the following statements about the confidentiality of conciliation services' files is true?

    <p>Only a court order can release the assessment or evaluation files</p> Signup and view all the answers

    What information may the written report provided by conciliation services include?

    <p>Recommendations regarding legal-decision making and therapeutic interventions</p> Signup and view all the answers

    In the event of a dispute over retirement benefits division, what must the professional consider?

    <p>The availability of the parties' records and their cooperation.</p> Signup and view all the answers

    Under what condition can conciliation services evaluators testify in court?

    <p>If they are properly and timely subpoenaed by a party</p> Signup and view all the answers

    What is the effect of a stipulation made by the parties regarding the evaluator as a witness?

    <p>It prevents the evaluator from testifying unless ordered by the court</p> Signup and view all the answers

    What is required for an agreement between the parties to be considered valid and binding?

    <p>It must be in writing and signed or recorded</p> Signup and view all the answers

    Which action may the court take if a party or attorney fails to comply with the rules?

    <p>The court may issue a sanction such as a default judgment</p> Signup and view all the answers

    What happens if the parties notify the court that a matter has been settled but do not present a final judgment?

    <p>The court may dismiss the case without further notice</p> Signup and view all the answers

    What must occur if the assessment or evaluation is incomplete and the parties reach an agreement?

    <p>Conciliation services must notify the court immediately</p> Signup and view all the answers

    When can an agreement under Rule 69 be challenged for validity?

    <p>If a party proves any defect in the agreement</p> Signup and view all the answers

    What type of fees may the court charge for conciliation services?

    <p>Fees may be imposed at the court's discretion for services rendered</p> Signup and view all the answers

    How must a party provide copies of documents submitted to the conciliation services evaluator?

    <p>Promptly to the other party after submitting to the evaluator</p> Signup and view all the answers

    What is the role of conciliation services in conducting assessments or evaluations?

    <p>Determining the best interest allocation of legal decision-making and parenting time</p> Signup and view all the answers

    What happens to a written report prepared by conciliation services upon completion of an assessment?

    <p>It remains confidential but is available for appeal</p> Signup and view all the answers

    What is the primary goal of appointing a parenting coordinator?

    <p>To protect and sustain parent-child relationships.</p> Signup and view all the answers

    Which of the following must parents agree to regarding the parenting coordinator's decisions?

    <p>Parents must comply with the decisions relating to the coordinator's authority.</p> Signup and view all the answers

    Who may serve as a parenting coordinator as per the established criteria?

    <p>Licensed attorneys, psychiatrists, or psychologists.</p> Signup and view all the answers

    What is required for the reappointment of a parenting coordinator?

    <p>Agreement from both parents and the parenting coordinator.</p> Signup and view all the answers

    What aspect of the parenting coordination process is not confidential?

    <p>All the above communications are confidential.</p> Signup and view all the answers

    What must parents acknowledge before proceeding with a parenting coordinator?

    <p>Reading Form 11, Rule 97 regarding parenting coordinators.</p> Signup and view all the answers

    What constitutes good cause for a parent to seek the discharge of a parenting coordinator?

    <p>A court-sanctioned reason must be provided.</p> Signup and view all the answers

    What is the maximum initial term for a parenting coordinator's appointment?

    <p>One year.</p> Signup and view all the answers

    Under what condition can a parenting coordinator meet with the attorney of either parent?

    <p>Only if both parents consent or if a court order allows it.</p> Signup and view all the answers

    What must occur for a parenting coordinator to be replaced?

    <p>Both parents must agree in writing or orally in court.</p> Signup and view all the answers

    What is a requirement for parents who wish to utilize conciliation services for parenting coordination?

    <p>They must agree to specific terms of cooperation.</p> Signup and view all the answers

    What is the role of the court in appointing a parenting coordinator?

    <p>The court must initiate and confirm the appointment of the coordinator.</p> Signup and view all the answers

    What happens if a parenting coordinator resigns?

    <p>The coordinator can resign following notification to each parent.</p> Signup and view all the answers

    What role does a parenting coordinator play in facilitating agreements between parents?

    <p>They must attempt to reach agreements on disputed issues in a timely manner.</p> Signup and view all the answers

    Which of the following issues is a parenting coordinator not authorized to decide upon?

    <p>Changes to legal decision-making authority.</p> Signup and view all the answers

    In what circumstance can a parenting coordinator file a motion for temporary orders?

    <p>If a parent's functioning is determined to be impaired.</p> Signup and view all the answers

    What must be included in the parenting coordinator's report to the court?

    <p>The decision must be in a specific form set by the rules.</p> Signup and view all the answers

    How should the court handle a parenting coordinator's report that contains confidential information?

    <p>It must be filed in a manner to prevent public access.</p> Signup and view all the answers

    Which task is outside the scope of a parenting coordinator's authority?

    <p>Deciding on child support modifications.</p> Signup and view all the answers

    What should occur if a parenting coordinator determines a parent's conduct poses an imminent risk to the child?

    <p>The parenting coordinator may file a motion for temporary orders without notice.</p> Signup and view all the answers

    What is required after a parenting coordinator decides on an issue between the parents?

    <p>The decision must be transmitted to both parents and the assigned judge promptly.</p> Signup and view all the answers

    What might prompt a parenting coordinator to interview individuals for additional information?

    <p>To resolve an issue currently before the parenting coordinator.</p> Signup and view all the answers

    What action can a court take upon receiving the parenting coordinator's report?

    <p>The court can adopt, partially reject, or set a hearing regarding the decision.</p> Signup and view all the answers

    Study Notes

    Arizona Rules of Family Law Procedure

    • Governs procedures in family law cases under Title 25 of the Arizona Revised Statutes.
    • Aims for just, prompt, and inexpensive determinations of actions and proceedings.
    • Arizona Rules of Civil Procedure apply only when incorporated by these family law rules.
    • Local rules inconsistent with these family law rules are superseded by the latter.

    Applicability of Arizona Rules of Evidence

    • A party may file a notice requiring compliance with Rules of Evidence at least 45 days before a hearing or trial.
    • If no notice is filed, certain Arizona Rules of Evidence do not apply, but others still do.
    • Regularly conducted activity records can be admitted without custodian testimony if timely disclosed and relevant.
    • Affidavits of Financial Information can be considered as evidence if admitted by the court.

    Definitions

    • "Adult in Need of Protection": An individual 18 years or older for whom a conservator may be appointed.
    • "Conservator": Defined as per A.R.S. § 14-1201.
    • "Guardian": Appointed under Titles 8 or 14, distinct from guardians ad litem or best interests attorneys.
    • "In Camera Review": A judicial process where documents are reviewed privately by a judicial officer.
    • "Party": Includes individuals or entities involved in a case, with specific roles defined (petitioner, respondent).
    • "Sealing": Action taken by the clerk to restrict access to records.

    Computing and Extending Time

    • The day of the action is excluded in time calculations.
    • Intermediate weekends and holidays are excluded for deadlines shorter than 11 days.
    • Court may extend time for actions if good cause is shown, even after the initial deadline.
    • Specific rules guide additional time requirements after service and handling of court-generated documents.

    Consolidation of Cases

    • Allows for joint hearings or trials if cases involve common parties, children, or questions.
    • The court retains discretion to consolidate cases to minimize costs or delays while serving the best interest of minor children.
    • Cases with orders of protection cannot be consolidated with family law cases.
    • If family law and dependency cases involve the same parties, the juvenile division has jurisdiction over children.
    • Legal decision-making and parenting time issues may be heard by the juvenile division until dependency matters are resolved.

    Change of Judge as a Matter of Right

    • Each party is entitled to a change of judge in any action, which can be requested through written or oral notice.
    • Timeliness is critical; notices must be filed according to specified deadlines around trial or hearing dates.
    • Waiving the right to a change of judge can occur through agreements or pre-trial actions.

    Change of Judge for Cause

    • Grounds for requesting a change of judge must be established via affidavit.
    • Affidavit must be filed within 20 days of discovering grounds for the request.
    • Presiding judge may hold a hearing based on affidavits or memoranda submitted by the parties.

    Protected Address

    • A party's address becomes automatically protected upon filing a request until court orders otherwise.
    • Courts designate addresses as protected on evidence of potential harm or existing protective orders.
    • Procedures are established for serving documents to parties with protected addresses, ensuring confidentiality.

    General Responsibilities

    • Parties with protected addresses must provide the clerk with current contact information.
    • The rules outlined also intersect with federal protections under Title IV-D regulations regarding child support services.### Clerk's Duty and Telephonic Appearances
    • Clerks must protect addresses until a protected person files a notice providing their current address.
    • "Telephonic" includes telephone appearances and video conferencing for legal proceedings.
    • Parties may appear telephonically at non-evidentiary proceedings if all participants can hear each other.
    • Testifying telephonically is permitted if attendance is impractical, inconvenient, or costly without prejudicing any party.
    • Requests for telephonic testimony need to be filed allowing reasonable time for the opposing party to respond.

    Introducing Documents and Costs

    • Exhibit introduction during telephonic testimony requires advance sharing with the testifying party or witness.
    • The party requesting telephonic appearances is responsible for related costs unless stated otherwise by the court.

    Responsibilities of Parties and Counsel

    • Parties must keep the court updated with current contact information including mailing address, email, and phone number.
    • Counsel must remain informed on their case status and report any significant changes to the court.
    • Good Faith Consultation Certificates must show attempts for issue resolution, with exceptions for domestic violence situations.

    Appearance and Substitution of Counsel

    • New counsel may appear as attorney of record through filing, and must continue representation until appeal periods are exhausted or formally replaced.
    • Withdrawal by an attorney requires a notice post-judgment, accompanied by the client's contact information if not protected.
    • Withdrawal after trial settings is limited and requires the party's acknowledgment or show of good cause.

    Limited Scope Representation

    • Attorneys can undertake limited scope representation in family cases, serving notice upon the court.
    • Effective service is guaranteed when an attorney with limited scope representation receives documents related to the case.

    Representation of Children

    • Courts can appoint a child's attorney or best interests attorney, ensuring they have relevant qualifications.
    • Appointed attorneys must participate fully in proceedings, cannot have ex parte contact with the court, and may not testify or produce work product.

    Court-Appointed Advisors

    • Courts are authorized to appoint advisors with relevant training/experience for children involved in custody disputes.
    • Such advisors cannot engage in typical court procedures like presenting evidence, but their reports can be submitted and scrutinized.

    Attendance and Interviews of Minors

    • Minors may be excluded from proceedings if their presence isn't in their best interests or may cause disruptions.
    • Courts can conduct in-camera interviews to understand minor children's preferences regarding legal decision-making.

    Public Access and Court Records

    • Family court proceedings are generally open to the public but can be closed to protect children's interests or emotional well-being.
    • Closure requires a compelling justification with no alternatives available and must be time-sensitive.

    Written Verifications and Declarations

    • Certain legal documents must have a written verification, typically notarized, unless accompanied by valid identification documents.
    • Unsworn declarations may suffice under penalty of perjury if they meet specified criteria, providing a simplified verification process.

    Affirmation Instead of Oath

    • Solemn affirmations may replace traditional oaths when required by court rules, providing a more flexible approach to legal affirmations.### Interpreters and Court Appointment
    • Courts can appoint interpreters and determine their reasonable compensation per law.

    Sealing, Redacting, and Unsealing Court Records

    • Any individual may request sealing or redaction of court records via a written motion.
    • Motions must disclose intention for sealing or redaction and notify all involved parties.
    • The court may hold a hearing to decide on motions concerning sealing or redaction.
    • Written findings by the court are necessary to justify sealing or redacting, considering:
      • Overriding interest against public access.
      • Support for sealing/redacting.
      • Risk of prejudice if unsealed.
      • Narrow tailoring of the proposed action.
      • Absence of less restrictive alternatives.
    • Sealed records are accessible by judicial officers and require court orders for public access.
    • Unsealing a record requires agreement from all parties or a court motion; service rules still apply.
    • Opponents of unsealing must prove continued justification for sealing.

    Preserving a Recording of a Court Proceeding

    • Official verbatim recordings are kept by designated persons or clerks.
    • Recordings must follow retention schedules issued by the Supreme Court.
    • Certified reporters have the first right to transcribe their recordings unless unavailable.

    Lost or Destroyed Records

    • A party may file a motion to substitute lost/destroyed records with accurate copies.
    • The court must determine the accuracy of submitted copies; accurate ones become part of the official record.

    Form of Documents

    • All filed documents require a caption with details like county and parties involved.
    • Document specifications include:
      • Black text on plain white paper.
      • Minimum font size of 13 points, preferably serif fonts.
      • Pages sized 8.5 x 11 inches with specific margin requirements.
      • Typed materials must be double-spaced.
      • Only originals (or allowed electronically filed copies) may be submitted, except for certain court forms.

    Electronically Filed Documents

    • Electronic filings must use approved text-searchable formats; files must not exceed size limits.
    • Attachments can be electronically filed if appropriately formatted and linked.
    • Use of hyperlinks and bookmarks within documents is encouraged but does not change the official record status.

    Improper Venue

    • Courts may transfer cases initiated in incorrect counties, provided this occurs within 30 days post-conference.
    • Notice and a 10-day objection period are necessary before transferring cases.
    • Petitioners must cover transmittal and filing fees within specified time frames; failure leads to case dismissal without prejudice.

    Conduct of Proceedings

    • Courts can impose reasonable time limits and require orderly conduct from participants.
    • Participants must address the court directly, maintaining decorum.
    • Generally, only one attorney per party is allowed to examine witnesses unless permitted otherwise by the court.

    Arizona Rules of Family Law Procedure

    • Governs procedures in family law cases under Title 25 of the Arizona Revised Statutes.
    • Aims for just, prompt, and inexpensive determinations of actions and proceedings.
    • Arizona Rules of Civil Procedure apply only when incorporated by these family law rules.
    • Local rules inconsistent with these family law rules are superseded by the latter.

    Applicability of Arizona Rules of Evidence

    • A party may file a notice requiring compliance with Rules of Evidence at least 45 days before a hearing or trial.
    • If no notice is filed, certain Arizona Rules of Evidence do not apply, but others still do.
    • Regularly conducted activity records can be admitted without custodian testimony if timely disclosed and relevant.
    • Affidavits of Financial Information can be considered as evidence if admitted by the court.

    Definitions

    • "Adult in Need of Protection": An individual 18 years or older for whom a conservator may be appointed.
    • "Conservator": Defined as per A.R.S. § 14-1201.
    • "Guardian": Appointed under Titles 8 or 14, distinct from guardians ad litem or best interests attorneys.
    • "In Camera Review": A judicial process where documents are reviewed privately by a judicial officer.
    • "Party": Includes individuals or entities involved in a case, with specific roles defined (petitioner, respondent).
    • "Sealing": Action taken by the clerk to restrict access to records.

    Computing and Extending Time

    • The day of the action is excluded in time calculations.
    • Intermediate weekends and holidays are excluded for deadlines shorter than 11 days.
    • Court may extend time for actions if good cause is shown, even after the initial deadline.
    • Specific rules guide additional time requirements after service and handling of court-generated documents.

    Consolidation of Cases

    • Allows for joint hearings or trials if cases involve common parties, children, or questions.
    • The court retains discretion to consolidate cases to minimize costs or delays while serving the best interest of minor children.
    • Cases with orders of protection cannot be consolidated with family law cases.
    • If family law and dependency cases involve the same parties, the juvenile division has jurisdiction over children.
    • Legal decision-making and parenting time issues may be heard by the juvenile division until dependency matters are resolved.

    Change of Judge as a Matter of Right

    • Each party is entitled to a change of judge in any action, which can be requested through written or oral notice.
    • Timeliness is critical; notices must be filed according to specified deadlines around trial or hearing dates.
    • Waiving the right to a change of judge can occur through agreements or pre-trial actions.

    Change of Judge for Cause

    • Grounds for requesting a change of judge must be established via affidavit.
    • Affidavit must be filed within 20 days of discovering grounds for the request.
    • Presiding judge may hold a hearing based on affidavits or memoranda submitted by the parties.

    Protected Address

    • A party's address becomes automatically protected upon filing a request until court orders otherwise.
    • Courts designate addresses as protected on evidence of potential harm or existing protective orders.
    • Procedures are established for serving documents to parties with protected addresses, ensuring confidentiality.

    General Responsibilities

    • Parties with protected addresses must provide the clerk with current contact information.
    • The rules outlined also intersect with federal protections under Title IV-D regulations regarding child support services.### Clerk's Duty and Telephonic Appearances
    • Clerks must protect addresses until a protected person files a notice providing their current address.
    • "Telephonic" includes telephone appearances and video conferencing for legal proceedings.
    • Parties may appear telephonically at non-evidentiary proceedings if all participants can hear each other.
    • Testifying telephonically is permitted if attendance is impractical, inconvenient, or costly without prejudicing any party.
    • Requests for telephonic testimony need to be filed allowing reasonable time for the opposing party to respond.

    Introducing Documents and Costs

    • Exhibit introduction during telephonic testimony requires advance sharing with the testifying party or witness.
    • The party requesting telephonic appearances is responsible for related costs unless stated otherwise by the court.

    Responsibilities of Parties and Counsel

    • Parties must keep the court updated with current contact information including mailing address, email, and phone number.
    • Counsel must remain informed on their case status and report any significant changes to the court.
    • Good Faith Consultation Certificates must show attempts for issue resolution, with exceptions for domestic violence situations.

    Appearance and Substitution of Counsel

    • New counsel may appear as attorney of record through filing, and must continue representation until appeal periods are exhausted or formally replaced.
    • Withdrawal by an attorney requires a notice post-judgment, accompanied by the client's contact information if not protected.
    • Withdrawal after trial settings is limited and requires the party's acknowledgment or show of good cause.

    Limited Scope Representation

    • Attorneys can undertake limited scope representation in family cases, serving notice upon the court.
    • Effective service is guaranteed when an attorney with limited scope representation receives documents related to the case.

    Representation of Children

    • Courts can appoint a child's attorney or best interests attorney, ensuring they have relevant qualifications.
    • Appointed attorneys must participate fully in proceedings, cannot have ex parte contact with the court, and may not testify or produce work product.

    Court-Appointed Advisors

    • Courts are authorized to appoint advisors with relevant training/experience for children involved in custody disputes.
    • Such advisors cannot engage in typical court procedures like presenting evidence, but their reports can be submitted and scrutinized.

    Attendance and Interviews of Minors

    • Minors may be excluded from proceedings if their presence isn't in their best interests or may cause disruptions.
    • Courts can conduct in-camera interviews to understand minor children's preferences regarding legal decision-making.

    Public Access and Court Records

    • Family court proceedings are generally open to the public but can be closed to protect children's interests or emotional well-being.
    • Closure requires a compelling justification with no alternatives available and must be time-sensitive.

    Written Verifications and Declarations

    • Certain legal documents must have a written verification, typically notarized, unless accompanied by valid identification documents.
    • Unsworn declarations may suffice under penalty of perjury if they meet specified criteria, providing a simplified verification process.

    Affirmation Instead of Oath

    • Solemn affirmations may replace traditional oaths when required by court rules, providing a more flexible approach to legal affirmations.### Interpreters and Court Appointment
    • Courts can appoint interpreters and determine their reasonable compensation per law.

    Sealing, Redacting, and Unsealing Court Records

    • Any individual may request sealing or redaction of court records via a written motion.
    • Motions must disclose intention for sealing or redaction and notify all involved parties.
    • The court may hold a hearing to decide on motions concerning sealing or redaction.
    • Written findings by the court are necessary to justify sealing or redacting, considering:
      • Overriding interest against public access.
      • Support for sealing/redacting.
      • Risk of prejudice if unsealed.
      • Narrow tailoring of the proposed action.
      • Absence of less restrictive alternatives.
    • Sealed records are accessible by judicial officers and require court orders for public access.
    • Unsealing a record requires agreement from all parties or a court motion; service rules still apply.
    • Opponents of unsealing must prove continued justification for sealing.

    Preserving a Recording of a Court Proceeding

    • Official verbatim recordings are kept by designated persons or clerks.
    • Recordings must follow retention schedules issued by the Supreme Court.
    • Certified reporters have the first right to transcribe their recordings unless unavailable.

    Lost or Destroyed Records

    • A party may file a motion to substitute lost/destroyed records with accurate copies.
    • The court must determine the accuracy of submitted copies; accurate ones become part of the official record.

    Form of Documents

    • All filed documents require a caption with details like county and parties involved.
    • Document specifications include:
      • Black text on plain white paper.
      • Minimum font size of 13 points, preferably serif fonts.
      • Pages sized 8.5 x 11 inches with specific margin requirements.
      • Typed materials must be double-spaced.
      • Only originals (or allowed electronically filed copies) may be submitted, except for certain court forms.

    Electronically Filed Documents

    • Electronic filings must use approved text-searchable formats; files must not exceed size limits.
    • Attachments can be electronically filed if appropriately formatted and linked.
    • Use of hyperlinks and bookmarks within documents is encouraged but does not change the official record status.

    Improper Venue

    • Courts may transfer cases initiated in incorrect counties, provided this occurs within 30 days post-conference.
    • Notice and a 10-day objection period are necessary before transferring cases.
    • Petitioners must cover transmittal and filing fees within specified time frames; failure leads to case dismissal without prejudice.

    Conduct of Proceedings

    • Courts can impose reasonable time limits and require orderly conduct from participants.
    • Participants must address the court directly, maintaining decorum.
    • Generally, only one attorney per party is allowed to examine witnesses unless permitted otherwise by the court.

    Arizona Rules of Family Law Procedure

    • Governs procedures in family law cases under Title 25 of the Arizona Revised Statutes.
    • Aims for just, prompt, and inexpensive determinations of actions and proceedings.
    • Arizona Rules of Civil Procedure apply only when incorporated by these family law rules.
    • Local rules inconsistent with these family law rules are superseded by the latter.

    Applicability of Arizona Rules of Evidence

    • A party may file a notice requiring compliance with Rules of Evidence at least 45 days before a hearing or trial.
    • If no notice is filed, certain Arizona Rules of Evidence do not apply, but others still do.
    • Regularly conducted activity records can be admitted without custodian testimony if timely disclosed and relevant.
    • Affidavits of Financial Information can be considered as evidence if admitted by the court.

    Definitions

    • "Adult in Need of Protection": An individual 18 years or older for whom a conservator may be appointed.
    • "Conservator": Defined as per A.R.S. § 14-1201.
    • "Guardian": Appointed under Titles 8 or 14, distinct from guardians ad litem or best interests attorneys.
    • "In Camera Review": A judicial process where documents are reviewed privately by a judicial officer.
    • "Party": Includes individuals or entities involved in a case, with specific roles defined (petitioner, respondent).
    • "Sealing": Action taken by the clerk to restrict access to records.

    Computing and Extending Time

    • The day of the action is excluded in time calculations.
    • Intermediate weekends and holidays are excluded for deadlines shorter than 11 days.
    • Court may extend time for actions if good cause is shown, even after the initial deadline.
    • Specific rules guide additional time requirements after service and handling of court-generated documents.

    Consolidation of Cases

    • Allows for joint hearings or trials if cases involve common parties, children, or questions.
    • The court retains discretion to consolidate cases to minimize costs or delays while serving the best interest of minor children.
    • Cases with orders of protection cannot be consolidated with family law cases.
    • If family law and dependency cases involve the same parties, the juvenile division has jurisdiction over children.
    • Legal decision-making and parenting time issues may be heard by the juvenile division until dependency matters are resolved.

    Change of Judge as a Matter of Right

    • Each party is entitled to a change of judge in any action, which can be requested through written or oral notice.
    • Timeliness is critical; notices must be filed according to specified deadlines around trial or hearing dates.
    • Waiving the right to a change of judge can occur through agreements or pre-trial actions.

    Change of Judge for Cause

    • Grounds for requesting a change of judge must be established via affidavit.
    • Affidavit must be filed within 20 days of discovering grounds for the request.
    • Presiding judge may hold a hearing based on affidavits or memoranda submitted by the parties.

    Protected Address

    • A party's address becomes automatically protected upon filing a request until court orders otherwise.
    • Courts designate addresses as protected on evidence of potential harm or existing protective orders.
    • Procedures are established for serving documents to parties with protected addresses, ensuring confidentiality.

    General Responsibilities

    • Parties with protected addresses must provide the clerk with current contact information.
    • The rules outlined also intersect with federal protections under Title IV-D regulations regarding child support services.### Clerk's Duty and Telephonic Appearances
    • Clerks must protect addresses until a protected person files a notice providing their current address.
    • "Telephonic" includes telephone appearances and video conferencing for legal proceedings.
    • Parties may appear telephonically at non-evidentiary proceedings if all participants can hear each other.
    • Testifying telephonically is permitted if attendance is impractical, inconvenient, or costly without prejudicing any party.
    • Requests for telephonic testimony need to be filed allowing reasonable time for the opposing party to respond.

    Introducing Documents and Costs

    • Exhibit introduction during telephonic testimony requires advance sharing with the testifying party or witness.
    • The party requesting telephonic appearances is responsible for related costs unless stated otherwise by the court.

    Responsibilities of Parties and Counsel

    • Parties must keep the court updated with current contact information including mailing address, email, and phone number.
    • Counsel must remain informed on their case status and report any significant changes to the court.
    • Good Faith Consultation Certificates must show attempts for issue resolution, with exceptions for domestic violence situations.

    Appearance and Substitution of Counsel

    • New counsel may appear as attorney of record through filing, and must continue representation until appeal periods are exhausted or formally replaced.
    • Withdrawal by an attorney requires a notice post-judgment, accompanied by the client's contact information if not protected.
    • Withdrawal after trial settings is limited and requires the party's acknowledgment or show of good cause.

    Limited Scope Representation

    • Attorneys can undertake limited scope representation in family cases, serving notice upon the court.
    • Effective service is guaranteed when an attorney with limited scope representation receives documents related to the case.

    Representation of Children

    • Courts can appoint a child's attorney or best interests attorney, ensuring they have relevant qualifications.
    • Appointed attorneys must participate fully in proceedings, cannot have ex parte contact with the court, and may not testify or produce work product.

    Court-Appointed Advisors

    • Courts are authorized to appoint advisors with relevant training/experience for children involved in custody disputes.
    • Such advisors cannot engage in typical court procedures like presenting evidence, but their reports can be submitted and scrutinized.

    Attendance and Interviews of Minors

    • Minors may be excluded from proceedings if their presence isn't in their best interests or may cause disruptions.
    • Courts can conduct in-camera interviews to understand minor children's preferences regarding legal decision-making.

    Public Access and Court Records

    • Family court proceedings are generally open to the public but can be closed to protect children's interests or emotional well-being.
    • Closure requires a compelling justification with no alternatives available and must be time-sensitive.

    Written Verifications and Declarations

    • Certain legal documents must have a written verification, typically notarized, unless accompanied by valid identification documents.
    • Unsworn declarations may suffice under penalty of perjury if they meet specified criteria, providing a simplified verification process.

    Affirmation Instead of Oath

    • Solemn affirmations may replace traditional oaths when required by court rules, providing a more flexible approach to legal affirmations.### Interpreters and Court Appointment
    • Courts can appoint interpreters and determine their reasonable compensation per law.

    Sealing, Redacting, and Unsealing Court Records

    • Any individual may request sealing or redaction of court records via a written motion.
    • Motions must disclose intention for sealing or redaction and notify all involved parties.
    • The court may hold a hearing to decide on motions concerning sealing or redaction.
    • Written findings by the court are necessary to justify sealing or redacting, considering:
      • Overriding interest against public access.
      • Support for sealing/redacting.
      • Risk of prejudice if unsealed.
      • Narrow tailoring of the proposed action.
      • Absence of less restrictive alternatives.
    • Sealed records are accessible by judicial officers and require court orders for public access.
    • Unsealing a record requires agreement from all parties or a court motion; service rules still apply.
    • Opponents of unsealing must prove continued justification for sealing.

    Preserving a Recording of a Court Proceeding

    • Official verbatim recordings are kept by designated persons or clerks.
    • Recordings must follow retention schedules issued by the Supreme Court.
    • Certified reporters have the first right to transcribe their recordings unless unavailable.

    Lost or Destroyed Records

    • A party may file a motion to substitute lost/destroyed records with accurate copies.
    • The court must determine the accuracy of submitted copies; accurate ones become part of the official record.

    Form of Documents

    • All filed documents require a caption with details like county and parties involved.
    • Document specifications include:
      • Black text on plain white paper.
      • Minimum font size of 13 points, preferably serif fonts.
      • Pages sized 8.5 x 11 inches with specific margin requirements.
      • Typed materials must be double-spaced.
      • Only originals (or allowed electronically filed copies) may be submitted, except for certain court forms.

    Electronically Filed Documents

    • Electronic filings must use approved text-searchable formats; files must not exceed size limits.
    • Attachments can be electronically filed if appropriately formatted and linked.
    • Use of hyperlinks and bookmarks within documents is encouraged but does not change the official record status.

    Improper Venue

    • Courts may transfer cases initiated in incorrect counties, provided this occurs within 30 days post-conference.
    • Notice and a 10-day objection period are necessary before transferring cases.
    • Petitioners must cover transmittal and filing fees within specified time frames; failure leads to case dismissal without prejudice.

    Conduct of Proceedings

    • Courts can impose reasonable time limits and require orderly conduct from participants.
    • Participants must address the court directly, maintaining decorum.
    • Generally, only one attorney per party is allowed to examine witnesses unless permitted otherwise by the court.

    Rule 23: Pleadings - Petition and Response

    • A "petition" initiates a family law case or post-decree matter.
    • Types of petitions include annulment, dissolution of marriage, legal separation, establishing paternity/maternity, and modifying legal decision-making.
    • Specific Arizona Revised Statutes (A.R.S.) govern each type of petition (e.g., annulment under A.R.S.§ 25-301).
    • A summons is required for petitions regarding annulment, dissolution, legal separation, and paternity.
    • An order to appear is necessary for petitions related to enforcing/modifying legal decision-making, parenting time, and support.

    Rule 24: Contents of Pleadings

    • Petitions must state grounds for jurisdiction, claim for relief, and demanded relief.
    • Responses must admit or deny allegations and provide defenses to each claim.
    • Denials must address the substance of allegations, and partial denials require admission of the true part.
    • Lack of knowledge in response acts as a denial.
    • Responses can include claims for relief and challenge any matters in the petition not specifically admitted.

    Rule 24.1: Time for Filing and Serving a Response to a Petition

    • Responses are due within 20 days if served within Arizona and 30 days if served outside.
    • Acceptance of service changes the response deadline to 20 days if within Arizona and 30 days if outside.
    • Default occurs if a timely response isn't filed.

    Rule 25: Additional Filings

    • A preliminary injunction must be presented when filing for annulment, dissolution, or legal separation.
    • Petitions for paternity or legal decision-making require summons and possibly preliminary injunctions.
    • A family law cover sheet must be filed in accordance with local rules.

    Rule 26: Signing Pleadings and Sanctions

    • All filings must be signed by an attorney or the party if self-represented.
    • Electronic signatures permitted via authorization.
    • Representations to the court include certifying pleadings are not for improper purposes.
    • Violations can lead to sanctions, including payment of expenses and attorney fees.

    Rule 27: Service of the Petition

    • Service of petitions must include all required documents such as summons and preliminary injunctions.
    • The service must be completed 20 days before a hearing, or 10 days prior for child support matters.
    • Service methods follow Rule 40(f)(1) or Rule 41.

    Rule 28: Amended and Supplemental Pleadings

    • A party may amend its pleading once as a right before a responsive pleading is served.
    • Amendments during or after trial are permitted only if issues are raised at trial.
    • Supplemental pleadings can be filed to address events occurring after the original pleading.

    Rule 29: Defenses and Motions

    • Certain defenses (e.g., lack of jurisdiction) must be asserted in a responsive pleading or by motion.
    • A motion for judgment on the pleadings can be filed within the timeline of the trial.
    • Matters outside the pleadings may turn a motion into one for summary judgment if presented.

    Key Procedures

    • Ensure compliance with specified time frames for responding to petitions and filing motions.
    • Understand the requirements for signing, serving, and amending pleadings to avoid sanctions and ensure effective legal representation.### Right to Timely Review
    • Courts must adhere to specific time limits under Rules 43.1, 44.1, 45, 45.1, 47, 47.1, 47.2, 48, and 91.5 to ensure timely resolution of domestic relations disputes.

    Rule 33: Third-Party Rights and Other Claims

    • Individuals who are not legal parents can intervene in existing actions based on A.R.S. § 25-409.
    • The State has intervention rights according to A.R.S. § 25-509.
    • Requests for counterclaims, third-party claims, or joinder must follow Rules 13, 14, 18-24 of the Arizona Rules of Civil Procedure.

    Rule 34: Continuances and Scheduling Conflicts

    • A motion for continuance must demonstrate the material importance of the unavailable party or witness, knowledge of unavailability, diligence in securing testimony, and good cause.
    • In cases of scheduling conflicts between trials, the involved judges must communicate and resolve issues cooperatively, without bias towards federal or state court actions.
    • Factors for resolving conflicts include the nature of the action (criminal vs. civil), urgency, length, filing dates, and any granted statutory priorities.
    • For good cause beyond availability issues, parties must detail their approach to avoid conflicts and assess potential prejudice from granting or denying continuance requests.
    • Parties must consult each other before filing motions, except when there are court orders against contact or in domestic violence situations.

    Rule 35: Family Law Motion Practice

    • Generally, parties must request court orders through formal motions with specific grounds and desired relief, limited to 17 pages not including attachments.
    • Responses to motions should be filed within 10 days, with replies allowed within 5 days, adhering to page limits.
    • Affidavits and evidence must be filed simultaneously with motions and responses unless otherwise directed.
    • Noncompliance may lead to summary granting or denial of motions, including failure to appear for oral arguments.
    • Oral arguments can be requested or mandated by the court, which can also decide motions without them.

    Rule 35.1: Motion for Reconsideration

    • A motion for reconsideration does not allow for oral arguments and does not permit responsive filings unless ordered by the court.
    • Filing a reconsideration motion does not extend the deadline for filing an appeal.

    Rule 23: Pleadings - Petition and Response

    • A "petition" initiates a family law case or post-decree matter.
    • Types of petitions include annulment, dissolution of marriage, legal separation, establishing paternity/maternity, and modifying legal decision-making.
    • Specific Arizona Revised Statutes (A.R.S.) govern each type of petition (e.g., annulment under A.R.S.§ 25-301).
    • A summons is required for petitions regarding annulment, dissolution, legal separation, and paternity.
    • An order to appear is necessary for petitions related to enforcing/modifying legal decision-making, parenting time, and support.

    Rule 24: Contents of Pleadings

    • Petitions must state grounds for jurisdiction, claim for relief, and demanded relief.
    • Responses must admit or deny allegations and provide defenses to each claim.
    • Denials must address the substance of allegations, and partial denials require admission of the true part.
    • Lack of knowledge in response acts as a denial.
    • Responses can include claims for relief and challenge any matters in the petition not specifically admitted.

    Rule 24.1: Time for Filing and Serving a Response to a Petition

    • Responses are due within 20 days if served within Arizona and 30 days if served outside.
    • Acceptance of service changes the response deadline to 20 days if within Arizona and 30 days if outside.
    • Default occurs if a timely response isn't filed.

    Rule 25: Additional Filings

    • A preliminary injunction must be presented when filing for annulment, dissolution, or legal separation.
    • Petitions for paternity or legal decision-making require summons and possibly preliminary injunctions.
    • A family law cover sheet must be filed in accordance with local rules.

    Rule 26: Signing Pleadings and Sanctions

    • All filings must be signed by an attorney or the party if self-represented.
    • Electronic signatures permitted via authorization.
    • Representations to the court include certifying pleadings are not for improper purposes.
    • Violations can lead to sanctions, including payment of expenses and attorney fees.

    Rule 27: Service of the Petition

    • Service of petitions must include all required documents such as summons and preliminary injunctions.
    • The service must be completed 20 days before a hearing, or 10 days prior for child support matters.
    • Service methods follow Rule 40(f)(1) or Rule 41.

    Rule 28: Amended and Supplemental Pleadings

    • A party may amend its pleading once as a right before a responsive pleading is served.
    • Amendments during or after trial are permitted only if issues are raised at trial.
    • Supplemental pleadings can be filed to address events occurring after the original pleading.

    Rule 29: Defenses and Motions

    • Certain defenses (e.g., lack of jurisdiction) must be asserted in a responsive pleading or by motion.
    • A motion for judgment on the pleadings can be filed within the timeline of the trial.
    • Matters outside the pleadings may turn a motion into one for summary judgment if presented.

    Key Procedures

    • Ensure compliance with specified time frames for responding to petitions and filing motions.
    • Understand the requirements for signing, serving, and amending pleadings to avoid sanctions and ensure effective legal representation.### Right to Timely Review
    • Courts must adhere to specific time limits under Rules 43.1, 44.1, 45, 45.1, 47, 47.1, 47.2, 48, and 91.5 to ensure timely resolution of domestic relations disputes.

    Rule 33: Third-Party Rights and Other Claims

    • Individuals who are not legal parents can intervene in existing actions based on A.R.S. § 25-409.
    • The State has intervention rights according to A.R.S. § 25-509.
    • Requests for counterclaims, third-party claims, or joinder must follow Rules 13, 14, 18-24 of the Arizona Rules of Civil Procedure.

    Rule 34: Continuances and Scheduling Conflicts

    • A motion for continuance must demonstrate the material importance of the unavailable party or witness, knowledge of unavailability, diligence in securing testimony, and good cause.
    • In cases of scheduling conflicts between trials, the involved judges must communicate and resolve issues cooperatively, without bias towards federal or state court actions.
    • Factors for resolving conflicts include the nature of the action (criminal vs. civil), urgency, length, filing dates, and any granted statutory priorities.
    • For good cause beyond availability issues, parties must detail their approach to avoid conflicts and assess potential prejudice from granting or denying continuance requests.
    • Parties must consult each other before filing motions, except when there are court orders against contact or in domestic violence situations.

    Rule 35: Family Law Motion Practice

    • Generally, parties must request court orders through formal motions with specific grounds and desired relief, limited to 17 pages not including attachments.
    • Responses to motions should be filed within 10 days, with replies allowed within 5 days, adhering to page limits.
    • Affidavits and evidence must be filed simultaneously with motions and responses unless otherwise directed.
    • Noncompliance may lead to summary granting or denial of motions, including failure to appear for oral arguments.
    • Oral arguments can be requested or mandated by the court, which can also decide motions without them.

    Rule 35.1: Motion for Reconsideration

    • A motion for reconsideration does not allow for oral arguments and does not permit responsive filings unless ordered by the court.
    • Filing a reconsideration motion does not extend the deadline for filing an appeal.

    Rule 23: Pleadings - Petition and Response

    • A "petition" initiates family law cases or post-decree matters and includes various requests such as annulments, dissolutions, legal separations, paternity, and parenting decisions.
    • Specific statutes govern each type of petition, including A.R.S. §§ 25-301, 25-312, 25-313, and others for enforcement and modification requests.
    • Summons is required for petitions concerning annulment, marriage dissolution, and related actions, while an order to appear is needed for petitions regarding legal decision-making and support modification.
    • Foreign judgments related to marital property or debts can be filed under A.R.S. §§ 12-1701 to -1708, allowing further actions based on those judgments.
    • A voluntary acknowledgment of paternity requires filing specific documents listed in A.R.S. § 25-812.
    • A response is mandatory for certain petitions, with failure to respond allowing a petitioner to seek default judgment.

    Rule 24: Contents of Pleadings

    • Petitions must include jurisdictional grounds, a claim demonstrating entitlement to relief, and a demand for the sought relief.
    • Responses should admit or deny allegations, clearly outline defenses, and respond effectively to allegations.
    • Parties may deny parts of allegations and state their lack of knowledge regarding specific claims.
    • Multiple claims or defenses can be asserted even if inconsistently presented, allowing flexibility in pleadings.

    Rule 24.1: Time for Filing and Serving a Response

    • Responses must be filed within 20 days for in-state respondents and 30 days for out-of-state respondents after service.
    • Parties accepting service have the same response timeline, starting from the date acceptance is filed with the court.
    • Post-ruling responses to Rule 29 motions must be filed within 10 days unless otherwise ordered.

    Rule 25: Additional Filings

    • When filing for annulment, dissolution, or legal separation, a preliminary injunction and summons must be presented to the clerk.
    • Petitions regarding paternity or parenting time involve similar requirements with additional injunctions if custody is contested.
    • Petitioner must also submit a family law cover sheet and required notices/forms at the time of filing.

    Rule 26: Signing Pleadings and Representations

    • Every document must be signed by an attorney or the party involved; unsigned documents will be struck unless corrected.
    • Electronic filings can be signed with a typed name preceded by "/s/".
    • Signing a document certifies that it is not filed for improper purposes and that factual contentions have an evidential basis.

    Rule 27: Service of the Petition

    • In family law actions, service of the petition must include all necessary documents such as summons, preliminary injunctions, and required notices.
    • Service must be completed 20 days before a scheduled hearing or 10 days if only child support is contested.

    Rule 28: Amended and Supplemental Pleadings

    • Parties may amend pleadings as a matter of right before responsive pleadings are served or within 20 days if no responsive pleading is required.
    • Amendments can be granted by leave of court if justice requires and must show differences from existing pleadings.
    • Supplemental pleadings may be filed to address occurrences after the original pleading.

    Rule 29: Defenses and Motions

    • Certain defenses must be asserted in responsive pleadings, while others can be raised by motion before filing a responsive pleading.
    • Lack of subject-matter jurisdiction can be invoked at any time.
    • Motions for judgement and to strike insufficient claims must be made timely to avoid delaying trial.
    • Waiving defenses occurs if not asserted by motion or included in a response or amendment.### Right to Timely Review
    • Courts must adhere to specific time limits as per Rules 43.1, 44.1, 45, 45.1, 47, 47.1, 47.2, 48, and 91.5 to ensure prompt resolution of domestic relations disputes.

    Third-Party Rights and Other Claims

    • Individuals other than legal parents can intervene in an ongoing case under A.R.S. § 25-409.
    • The State is permitted to intervene in existing actions according to A.R.S. § 25-509.
    • Requests for counterclaims, third-party claims, or joinder must follow the procedures outlined in Rules 13, 14, 18, 19, 20, 21, 22, and 24 of the Arizona Rules of Civil Procedure.

    Continuances and Scheduling Conflicts

    • A motion to continue a trial due to witness or party unavailability requires evidence of the materiality of testimony, the timing of unavailability discovery, and the diligent efforts made to procure testimony.
    • In the event of scheduling conflicts between trials, counsel must promptly notify incumbents and judges. Factors considered include urgency, length, filing dates, and potential prejudice to parties involved.
    • Continuing a trial for other valid reasons necessitates demonstrating the basis for good cause and potential prejudices involved.

    Requirements for Family Law Motion Practice

    • Generally, court orders in a pending action must be requested by motion with clarity regarding grounds and desired relief, and must not exceed 17 pages.
    • Responses to motions are required within 10 days, with replies due within 5 days. Responses and replies are also limited to specific page counts.
    • Any documents submitted in support of motions must be filed simultaneously unless specified otherwise.

    Noncompliance and Oral Argument

    • Courts can deny motions that do not comply with established guidelines or if a party fails to appear.
    • Oral arguments can be requested or ordered by the court and are subject to time limitations, with some motions potentially resolved without oral argument.

    Agreements to Extend Filing Times

    • Parties may mutually agree to extend timelines for motions, subject to court approval, with proper notice procedures to be followed.
    • An extension is only effective if filed appropriately prior to any upcoming hearings or arguments, and does not extend appeal deadlines.

    Motion for Reconsideration

    • A party can seek reconsideration of a court ruling but cannot request oral arguments or file responses unless ordered by the court.
    • Filing a motion for reconsideration does not affect the deadline for filing an appeal.

    Rule 36: Real Party in Interest

    • An action must be initiated in the name of the real party in interest.
    • Guardians or conservators can act on behalf of incapacitated persons or adults needing protection.
    • Guardians, conservators, or attorneys can represent minors in legal actions.
    • Fees for a minor's representative may be allocated by the court as deemed appropriate.
    • Actions for another's use or benefit can be brought in the name of the State of Arizona when permitted by statute.

    Rule 37: Substitution of Parties

    • Death during dissolution, legal separation, or annulment petitions results in abatement and dismissal of the case.
    • Death in paternity or maternity petitions may not lead to abatement under specific conditions.
    • The court may proceed with actions involving incapacitated persons if their representative continues the action.
    • Transfer of interest in property allows the original party to continue or may lead to substitution upon court order.

    Rule 37.1: Guardian ad Litem

    • A guardian ad litem (GAL) may be appointed if there are concerns for a party's capacity.
    • A GAL must be an attorney licensed in Arizona with no prior connection to any involved parties.
    • The family law proceeding is automatically stayed upon GAL appointment unless otherwise ordered by the court.
    • The GAL investigates need for a guardian or conservator but does not represent the subject person in court.
    • The GAL can obtain and review medical, financial records, and communicate with relevant individuals.

    Rule 39: Meaning of Service

    • Document filing requires providing copies to all parties; methods depend on document type.
    • Service of summons and petitions must comply with specific rules regarding delivery.

    Rule 40: Summons

    • A summons must include specific identifying details, a timeline for response, and warnings about default judgment.
    • Issuance of a summons requires presentation to the clerk, who must sign and seal it.
    • Service must be completed in accordance with established rules, and authorized individuals can serve summons.

    Rule 41: Service Within and Outside Arizona

    • This rule covers the service of summons, orders, and pleadings; jurisdiction extends to individuals both within and outside Arizona.
    • Service must be performed by authorized individuals, with specific methods for delivering documents to individuals or through mail.
    • Timely filing of proof of service is essential; failure can lead to dismissal of the action if service is not achieved within specified time limits.

    General Provisions

    • GAL appointments include defining the scope, powers, and confidentiality considerations regarding communications with the subject person.
    • Compensation for GALs and physicians must be determined by the court, with provisions for payment from community property when applicable.
    • All rights to confidentiality are preserved for the subject person's communications, even when privileged information is received by the GAL.### Affidavit Requirements for Service
    • An affidavit must be filed when the return receipt is received, confirming service details.
    • Key elements of the affidavit include:
      • Knowledge of the served person's location (inside/outside Arizona, within U.S. jurisdiction).
      • Assurance that summons and pleadings were mailed according to Rule 41(d)(1).
      • Confirmation of a signed return receipt attached to the affidavit.
      • Date when the served person received the documents.

    Serving Incarcerated Persons

    • Affidavit must state that documents were sent by first-class mail when serving an incarcerated individual.
    • Service may occur via mail/national courier, with confirmation from jail officials as proof of service.

    Serving Minors

    • Minors under 16 can be served via designated delivery methods:
      • Directly to the minor.
      • To a parent or guardian residing in Arizona.
      • If no guardian is present, to another suitable adult caring for the minor.

    Serving Individuals with Guardians

    • People with court-appointed guardians or conservators must have both served, following Rule 41(c) requirements.

    Serving Individuals Overseas

    • Service on individuals outside the U.S. follows:
      • International agreed means for service, like The Hague Convention.
      • Local country methods if no international avenue exists.
      • Personal delivery or mail requiring signed receipt if allowed by the foreign country.

    Serving Governmental Entities

    • Government entities can be served via delivery to designated officials:
      • Arizona: Attorney General or designated personnel.
      • County: Clerk of the Board of Supervisors.
      • Municipal: Clerk of the municipality.
    • In Title IV-D cases, electronic service is authorized by a specific process.

    Serving Corporations

    • Domestic and foreign corporations may be served:
      • By delivering documents to recognized officers or agents.
      • If no agent exists, the Arizona Corporation Commission can accept service.

    Alternative Service Methods

    • Courts may allow alternative service if traditional methods are impractical, requiring reasonable notice to the person served.
    • Potential approaches include service by publication if all other methods fail.

    Service by Publication

    • Permitted after demonstrating diligent but unsuccessful attempts to reach the person.
    • Publication must occur for 4 consecutive weeks in recognized local newspapers.
    • Mailing of documents to the individual’s last-known address is required when known.

    Document Filing and Access

    • All documents must be filed with the court clerk, with service methods detailed in the document.
    • Filing is effective upon receipt by the clerk unless specified otherwise.
    • Restrictions exist for sensitive data, necessitating careful redaction.

    Other Filing Considerations

    • Parties must adhere to specific rules regarding the submission of proposed orders and sensitive data.
    • Late filings due to transmission issues may be accepted upon demonstration of good cause.
    • The importance of maintaining a clear record of service and filing actions to support legal proceedings is emphasized.### Sensitive Data in Court Records
    • Clerks and courts are not obligated to review or seal sensitive documents.
    • If requested by the court, sensitive data must be submitted on a "Confidential Sensitive Data Form."
    • The sensitive data form is a confidential record, accessible only to authorized parties.
    • Sensitive data should be referenced only by item numbers on the sensitive data form in filed documents.
    • An updated sensitive data form is required whenever new information supplements the case record.
    • Excludes UIFSA-related documents from specific sensitive data rules.

    Income Withholding Orders

    • These orders may contain sensitive data but are confidential.
    • Access is limited to relevant parties, attorneys, court personnel, and authorized entities.
    • Clerks can manage sensitive data in both paper and electronic formats and can destroy paper records if maintained electronically.

    Filing Violations and Sanctions

    • If sensitive information is improperly filed, parties may request sealing or redaction.
    • Violations of these rules can result in court-imposed sanctions on offending parties or counsel.

    Confidential Records

    • Various documents, including financial affidavits and medical records, can be treated as confidential by clerks.
    • Adoption notices and child support motions related to adoption are also considered confidential.

    Electronic Signatures and Notarizations

    • The clerk must accept electronically signed documents as valid.
    • Authenticity disputes regarding electronic signatures will be resolved by a judicial officer.

    Minute Entries and Distribution

    • Minute entries must be distributed to all parties via mail or electronic means, completing distribution upon transmission.

    Default Applications

    • A default application can be filed if a party fails to respond to a judgment request.
    • Requirements include providing the defaulting party’s last known address and proof of service.
    • The default application is effective 10 days after filing, barring a response.

    Setting Aside Defaults

    • Courts have the discretion to set aside a default for valid reasons.
    • A final default judgment against the State must meet specific evidentiary standards.

    Default Judgments Without Hearing

    • Courts may enter default judgments based solely on documentation without a hearing, provided limits are followed.
    • Certain cases involving minors or public service by publication do not qualify for judgment without hearing.

    Default Decree Requirements

    • A default decree may be entered if both parties consent to terms; however, waiting periods apply.
    • Both parties must affirm that they were not coerced and that property divisions are fair in consent decrees.
    • Consent decrees must clearly outline the agreement terms, including spousal maintenance stipulations.
    • Affidavits must confirm jurisdictional requirements and the appropriateness of default orders when relevant to paternity or financial matters.

    Rule 36: Real Party in Interest

    • An action must be initiated in the name of the real party in interest.
    • A guardian or conservator can act on behalf of incapacitated individuals or adults needing protection.
    • Guardians, conservators, or best interests attorneys can represent minors in legal actions.
    • Courts can allocate representatives' fees for minors as deemed appropriate.
    • A state statute can mandate actions for another's use or benefit to be filed in the name of the State of Arizona.

    Rule 37: Substitution of Parties

    • If a party dies during ongoing petitions for dissolution or legal separation, the action is dismissed.
    • Petitions for paternity or maternity may not necessarily abate upon a party's death.
    • The court can allow continuance of actions involving incapacitated persons through their representatives.
    • In case of property interest transfer, original parties may continue the action unless the court orders substitution.

    Rule 37.1: Appointment of Guardian ad Litem

    • Parties may move for the court to appoint a guardian ad litem (GAL) if a party may be incapacitated or need protection.
    • GAL appointments must be made by attorneys who have no connections to the parties involved.
    • The GAL's appointment stays family law proceedings unless otherwise ordered by the court.
    • The GAL is responsible for investigating the need for guardianship or conservatorship but does not represent the subject in ongoing family law cases.

    GAL's Authority and Responsibilities

    • GALs can access various personal and confidential records relevant to their investigations.
    • They may meet the subject person and others in their living environment to gather information.
    • The GAL can initiate and oversee legal proceedings relating to guardianship or conservatorship as necessary.
    • GAL reports must be filed within court-set timelines, detailing findings and any initiated proceedings.

    Fees and Costs

    • GALs and evaluating physicians are entitled to reasonable fees, determined by the court.
    • If the subject person lacks funds, costs may be covered as a county expense.

    Rule 39: Meaning of Service

    • Each party must receive a copy of all filed documents, with specifics depending on the document type.
    • Petitions must be served personally to respondents, including contempt petitions.

    Rule 40: Summons

    • A summons must be issued by the clerk for any petition filed and served with relevant documents.
    • Summons must include essential information such as court name, parties, response timeframe, and failure consequences.
    • If a summons is missed, a replacement can be sought as per the court protocol.

    Service of Summons

    • Service may be conducted by various authorized persons including sheriffs and private process servers.
    • Special appointments can be made for individuals who do not have professional ties to the case.

    Rule 41: Service Within and Outside Arizona

    • This rule governs the effective service of process both within Arizona and for individuals outside the state.
    • Service of summons allows personal delivery, mailing, or leaving copies with authorized individuals.

    Timing of Service

    • Proof of service must be filed by the serving party within allowable time frames, varying based on service method.
    • Failure to serve within 120 days may lead to dismissal unless good cause for delay is shown.
    • Special considerations apply for paternity actions related to adoption.### Service of Process Rules Overview
    • An affidavit is required when a signed receipt is returned by the post office or courier, confirming service completion.
    • The serving party must affirm that the person is located in Arizona or within a U.S. judicial district.
    • Evidence of mailing summons with documents must also be included, alongside the signed return receipt.
    • If the recipient is incarcerated, the affidavit must specify that a copy was mailed by first-class mail.

    Serving Minors

    • Minors under the age of 16 can be served by delivering documents directly to them.
    • If the minor's parent or guardian is in Arizona, they must also receive copies.
    • If no parent or guardian can be found, service can be made to any adult responsible for the minor.

    Serving Individuals with Guardians

    • When serving a person with a court-appointed guardian or conservator, both the individual and the guardian must be served separately.

    Serving Incarcerated Individuals

    • Service can occur via mail or national courier, with confirmation signed by jail or prison officials.
    • Copies must be mailed to inmates using first-class mail.

    Serving International Individuals

    • Individuals in foreign countries may be served using internationally agreed methods (e.g., The Hague Convention).
    • If no such agreements exist, service must comply with the foreign country’s laws or as directed by foreign authorities.

    Serving Governmental Entities

    • Service on the State of Arizona requires delivering documents to the Attorney General or designated representative.
    • Service may also be done electronically in specific Title IV-D cases with proper notice.

    Corporations and Partnerships

    • Corporations may be served by delivering documents to appointed representatives or officers.
    • If no representatives are available within Arizona, service may be made via the Arizona Corporation Commission.

    Alternative Service Methods

    • Courts can permit alternative service methods if traditional methods are impractical.
    • Reasonable effort is needed to notify the individual of the action's initiation, and mailing is required.

    Service by Publication

    • Permitted when other service methods are impractical; involves publishing a summons in a local newspaper for four weeks.
    • Mailing to the last known address is also required if known, with affidavits detailing the process submitted.

    Filing and Service of Other Documents

    • Service after the initial summons is directed primarily at representing attorneys, unless otherwise ordered.
    • Documents can be served by hand, leaving at residence or office, mailing, or through electronic means if consented to by the recipient.

    Restrictions on Document Access

    • Certain documents remain sealed for 45 days post-filing; access is allowed to authorized individuals or upon court order.

    Guidelines for Filing Sensitive Data

    • Sensitive data, such as social security numbers, must be redacted prior to filing.
    • Responsibility for proper redaction lies with the filer to protect personal information.

    Continuation of Actions with Multiple Respondents

    • Proceedings may continue against served respondents even if others have not been served.### Compliance and Sensitive Data Handling
    • The court and clerk are not obliged to check documents for rule compliance or to modify documents containing sensitive data.
    • If sensitive data is specifically requested by the court, parties must document it on a separate "Confidential Sensitive Data Form" (Form 3, Rule 97).
    • The clerk will keep the sensitive data form confidential, accessible only to authorized parties, including court personnel and legal representatives.
    • Any reference to sensitive data in documents should use item numbers from the sensitive data form instead of actual data unless directed otherwise by the court.
    • Parties must provide updated sensitive data forms when new information is needed, including all previously disclosed sensitive data.

    Confidentiality Exceptions and Clerk Authority

    • Certain documents like orders or petitions under the Uniform Interstate Family Support Act (UIFSA) are exceptions and do not follow the standard rules for sensitive data.
    • Income withholding orders and stop orders may contain sensitive information but are confidential, shared only with specific parties and authorized personnel.
    • The clerk can maintain sensitive forms and income withholding orders in both paper and electronic formats, with the right to destroy paper copies if kept electronically.

    Document Handling and Sanctions

    • Any document filed containing sensitive information may be sealed or replaced with a redacted copy upon request.
    • Violating these sensitive data rules may lead to sanctions against responsible counsel or parties to enforce compliance.

    Confidential Records and Adoption Notices

    • Certain financial and medical affidavits, along with records, are treated as confidential by the clerk.
    • Adoption notices and related documents must also be kept confidential.

    Electronic Signatures and Distribution

    • Documents with electronic signatures or notarizations must be accepted as valid for filing unless their authenticity is contested, in which case a judicial officer will determine their validity.
    • The clerk must distribute minutely entries and other court records via mail or electronically, completing electronic distribution upon transmission to provided email addresses.

    Default Applications

    • Parties can request a default if the opposing party fails to respond, requiring a written application detailing party information and service proof.
    • Notice must be given to both the defaulting party and their attorney when applicable, with proof of service required.
    • A default becomes effective 10 days after filing unless the defaulting party responds within that time frame.

    Setting Aside Defaults and Limitations

    • The court has the discretion to set aside a default or final judgment for valid reasons.
    • Specific rules apply for entering default judgments against the State of Arizona.

    Default Judgments Without Hearing

    • The court may enter judgments based solely on filed documents without parties appearing, unless specific conditions regarding amounts or representations apply.
    • Affidavits demonstrating facts like jurisdiction and support for relief are required for proceedings without hearings.
    • Default decrees involving children require provisions for legal decision-making, parenting arrangements, and compliance with child support guidelines.
    • Additional documentation is required for cases involving spousal maintenance or when parties are requesting joint decision-making responsibilities.
    • Parties can obtain a consent decree without a hearing for dissolutions or separations, subject to a 60-day waiting period after service.
    • The consent decree must include details of the agreement, fairness of property division, and affirmations regarding coercion and legal representation.
    • The consent document must declare the parties' agreement, the absence of coercion, and recognize existing protective orders.
    • Joint filings must detail if the marriage was a covenant marriage and any current pregnancy or children involved from the marriage.

    Rule 36: Real Party in Interest

    • Actions must be initiated in the name of the real party in interest.
    • Guardians or conservators can act on behalf of incapacitated individuals or adults needing protection.
    • Minors may have actions brought on their behalf by guardians, conservators, or attorneys acting in their best interest.
    • Courts can allocate fees for the minor's representative at their discretion.
    • Under certain state statutes, actions for another’s benefit must be brought in the name of the State of Arizona.

    Rule 37: Substitution of Parties Due to Death, Incapacity, or Transfer of Interest

    • Death of a party during pending petitions for dissolution or separation results in dismissal of the case.
    • Petitions for paternity or maternity may continue even if one party dies, per state law.
    • The court can allow the continuation of an action by or against representatives of incapacitated persons.
    • Actions can continue despite property interest transfers unless ordered otherwise by the court.

    Rule 37.1: Appointment of a Guardian ad Litem (GAL)

    • Parties may request a GAL for individuals who may be incapacitated or in need of protection.
    • The GAL must be an attorney without prior connections to any involved parties and must not have a personal interest in the case.
    • Appointment of a GAL automatically stays the family law proceedings, retaining earlier orders unless the court directs otherwise.
    • The GAL's role is limited to investigating the need for protective orders and does not extend to representation in family law matters.
    • GALs have broad authority to gather records, meet with the subject person, and initiate necessary legal proceedings.

    Rule 39: Meaning of Service

    • Parties must provide copies of filed documents to all other parties involved.
    • Specific rules apply to serving summons, petitions, and contempt petitions.

    Rule 40: Summons

    • Issuance: A summons must be signed and sealed by the clerk upon presentation by the filing party.
    • Contents include court name, parties involved, time for response, and advisement of potential default judgment.
    • Summons must include a notification regarding requests for reasonable accommodations.
    • If a summons is undeliverable, a replacement must be requested promptly.
    • Qualified individuals, such as a sheriff or certified process server, are authorized to serve the summons.

    Rule 41: Service Within and Outside Arizona

    • Service of summons can occur anywhere in Arizona; service can also occur outside the state under specific conditions.
    • Individuals must be served in person, at their residence, or through an authorized agent.
    • Service by mail is allowable if the serving party knows the address and uses a recognized delivery method requiring a signed receipt.### Affidavit Requirements for Service
    • Affidavit must confirm the person's location, whether in Arizona or within a U.S. judicial district.
    • Include proof of mailing the summons and related documents according to Rule 41(d)(1).
    • A signed return receipt must be attached, verifying receipt by the designated person.
    • The specific date of receipt by the individual must be documented.
    • For incarcerated individuals, include a statement that documents were mailed to them by first class mail.

    Serving Minors

    • Minors under 16 can be served by:
      • Delivering documents directly to the minor and their parent/guardian if available in Arizona.
      • If the parent/guardian is not located in Arizona, serve an adult in control of the minor.

    Serving Individuals with Guardians

    • Those with court-appointed guardians must have both the individual and their guardian served separately.

    Serving Incarcerated Individuals

    • Incarcerated persons can receive service via mail or courier, confirmed by an official from the facility.
    • The petitioner must also send copies of the documents by first class mail.

    Serving Individuals in Foreign Countries

    • International service can be conducted via:
      • Agreed methods such as The Hague Convention, or
      • Methods allowed by the foreign country's laws.

    Serving Governmental Entities

    • Government entities can be served by delivering documents to designated officials:
      • State of Arizona: Attorney General or a designated representative.
      • Counties: Clerk of the Board of Supervisors.
      • Municipal Corporations: Clerk of the corporation.

    Serving Corporations and Partnerships

    • Service on domestic or foreign corporations requires delivering documents to designated officers or agents, with additional mailing if mandated by law.

    Special Provisions for Domestic Corporations

    • If a corporation lacks available officers/agents in Arizona, serve via the Arizona Corporation Commission.

    Alternative Means of Service

    • Courts may allow alternative service methods if traditional service is impracticable.
    • Actual notice must be provided to the person being served.

    Service by Publication

    • Allowed when traditional service fails, requiring publication once a week for four weeks in relevant newspapers.
    • Affidavit confirming publication details must be filed after completion.

    Filing Documents with the Court

    • Documents must be filed with the clerk; direct submission to a judge is permitted if authorized.

    Effective Date of Filing

    • Determined by the date received by the clerk; electronic filings recognize the time noted by the court's system.

    Access to Filed Documents

    • Certain sensitive filings may remain undisclosed for 45 days unless authorized.

    Service After Initial Summons

    • Generally served on the attorney if a party is represented.
    • Methods of service include personal delivery and mailing.

    Proposed Orders and Sensitive Data

    • Proposed orders must be served simultaneously to all parties and cannot be filed by the clerk.
    • Sensitive data must be redacted prior to filing, except under court order.### Sensitive Data Handling
    • Clerks and courts are not responsible for reviewing or redacting documents for compliance concerning sensitive data.
    • If sensitive data is requested by the court, it must be recorded on a confidential sensitive data form.
    • This form remains confidential and is accessible only to authorized parties, including attorneys and court personnel.
    • Written references to sensitive data must use item numbers from the sensitive data form instead of actual data in filed documents.
    • Any updates to the record must include supplemental sensitive data forms that detail all previously disclosed and new sensitive information.

    Income Withholding Orders

    • Income withholding orders can contain sensitive data but are considered confidential documents.
    • Access to these orders is restricted to specific parties, including attorneys and child support enforcement agencies.

    Clerk's Authority and Document Management

    • Clerks may maintain sensitive data forms and income withholding orders in either paper or electronic format.
    • Electronic documents can lead to the destruction of paper versions for efficiency.
    • The court may seal documents containing sensitive info upon request, allowing for redaction of sensitive data.

    Sanctions and Confidential Records

    • Non-compliance with these rules may result in sanctions against responsible parties or counsel.
    • Certain documents, like Affidavit of Financial Information and medical records, are treated as confidential records.

    Adoption and Child Support Cases

    • Notices related to completed adoptions and modifications to child support are also categorized as confidential.

    Electronic Signatures

    • Documents with electronic signatures must be accepted, and any disputes over their authenticity will be resolved by a judicial officer.

    Clerk’s Distribution Responsibilities

    • Clerks are required to distribute minute entries to all parties involved via U.S. mail or electronic means.
    • Electronic distribution is considered complete once sent to the provided email address.

    Default Applications

    • If a party fails to respond in court, a default can be applied for through a written application outlining specific details including the defaulting party's identification.
    • Notice must be provided to both the defaulting party and their attorney, where applicable.
    • A default becomes effective 10 days after filing unless the defaulting party responds within that time frame.

    Setting Aside Defaults

    • Defaults can be set aside for good cause; final judgments may also be reconsidered under specific rules.
    • Special provisions apply to default judgments against the State of Arizona requiring evidential support.

    Default Judgments Without a Hearing

    • Default judgments can be granted without a hearing in specific cases, prohibiting deviations from the petition request without mutual agreement.
    • Affidavits must substantiate claims regarding paternity or child support in default procedures.
    • Parties can mutually agree on terms for legal separations or paternity actions without a court hearing.
    • Consent decrees must adhere to stipulations including waiting periods and filings to establish agreements fairly and equitably.
    • Consent decrees must clearly outline the agreements between parties, including spousal maintenance arrangements.
    • Parties are required to acknowledge their understanding and voluntariness in consenting to the terms laid out in the documents.

    Rule 49: Disclosure

    • The purpose of disclosure requirements is to ensure fair information exchange among parties in family law cases.
    • Parties must disclose information within their control and that which can be reasonably acquired through investigation.
    • The court may limit disclosure for good cause under sections (e) through (i).

    Timeframe for Disclosure

    • Initial disclosures must occur within 40 days after the first response unless an extension is agreed upon.
    • Parties have a continuous duty to disclose new or additional information, requiring timely updates within 30 days of discovering new facts.
    • If new information is relevant for a hearing in under 30 days, it should be disclosed reasonably in advance.

    Resolution Statement

    • Each party must file a Resolution Statement within 30 days after initial disclosures, outlining agreements and detailed positions for resolving issues.
    • Not required in third-party rights proceedings under A.R.S. § 25-409.
    • Required disclosures include protective orders, treatment provider details for psychological issues, criminal charges, and investigations by the Department of Child Safety within specified timeframes.

    Child Support Disclosure

    • Parties must provide a completed Affidavit of Financial Information (AFI) and proof of income and expenses, including:
      • Tax returns, pay stubs, court-ordered support documentation, and medical insurance proof for children.

    Spousal Maintenance and Attorney Fees

    • Parties requesting spousal maintenance or attorney fees must submit an AFI and financial documentation specified for child support.

    Property Disclosure

    • Disclosure of property documents is required, including:
      • Ownership documents, bank account statements, retirement account information, life insurance policies, and personal property estimates.

    Debt Disclosure

    • Must include documentation of mortgages, credit card statements, and any encumbrances owed relating to debts for the timeframe specified.

    Witness Disclosure

    • Parties must disclose names and contacts for expected witnesses, along with summaries of their expected testimony at least 60 days prior to trial.

    Expert Witness Disclosure

    • Required to disclose details about expert witnesses including qualifications, subject matter of testimony, and supporting facts or opinions 60 days before trial.

    Electronically Stored Information (ESI)

    • Within 40 days of initial disclosures, parties must produce relevant electronically stored information.
    • ESI must be provided in a usable format, and issues regarding production can be brought before the court if not resolved between parties.

    General Discovery Provisions

    • Parties can obtain discovery through various methods, including depositions, written interrogatories, document requests, and physical examinations.
    • Discovery is permitted for nonprivileged matters relevant to claims or defenses, proportional to case needs.

    Limits on Discovery

    • The court can limit discovery based on factors such as duplicative information, existing access to data, and scope relevance.

    Expert Discovery

    • Deposition of disclosed expert witnesses is allowed; however, information from experts retained solely for trial preparation is typically protected unless exceptional circumstances apply.
    • Courts will ensure fair compensation for experts involved in discovery processes.

    Additional Notes

    • Disclosures must be served to all parties but not filed with the court.
    • Rule 51 provides additional provisions for conducting further discovery as needed outside the disclosure requirements.### Withholding Information in Discovery
    • Parties must promptly identify and describe withheld information, documents, or electronically stored information (ESI) claimed as privileged or protected.
    • Descriptions must enable assessment of the claim without revealing protected information.

    Inadvertent Production

    • If privileged materials are inadvertently produced, the party must notify others, who must return, sequester, or destroy the documents and not use them until resolved.
    • Reasonable steps must be taken to address any prior disclosures.

    Sequence of Discovery

    • Discovery methods can be used in any order unless ordered otherwise by the court.
    • One party's discovery does not delay another's process.

    Supplementing Discovery Responses

    • Responses to interrogatories, production requests, or admissions must be updated promptly if they become materially incomplete or incorrect.
    • Corrections must occur within 30 days of realizing the need for an update.

    Sanctions for Discovery Misconduct

    • Courts can impose sanctions for unreasonable, groundless, or obstructionist behavior related to discovery.

    Subpoena Requirements

    • Subpoenas must include details such as court name, action title, case number, and commands to testify or produce documents.
    • Individuals may object within 14 days of service, halting compliance until the court orders otherwise.

    Service of Subpoena

    • Subpoenas can be served by anyone over 18 who is not a party to the case, requiring delivery of a copy and necessary fees unless exempt.
    • Proof of service must be filed only as designated in specific rules.

    Protecting Individuals from Undue Burden

    • Courts may quash or modify subpoenas that impose undue burden, require privileged information, or fail to allow reasonable compliance time.
    • Motion to quash must be filed before compliance time or within 14 days after serving the subpoena.

    Protective Orders

    • A protective order can be sought to prevent discovery due to annoying or oppressive circumstances.
    • Courts may specify terms, limit scope, or designate present individuals during discovery.

    Confidentiality Orders

    • A party seeking confidentiality must prove why a confidentiality order is necessary and show relevant factors for the request.
    • The court must use the least restrictive means to maintain confidentiality.

    Pre-Action Discovery

    • Individuals wishing to preserve testimony or evidence may file a verified petition in the appropriate superior court before an action is formally filed.### Petition Requirements for Discovery
    • Must be titled in the petitioner's name and demonstrate the expectation of becoming a party to a cognizable action.
    • Requires identification of the subject matter of the expected action and the petitioner's interest in it.
    • Must outline facts to be established through proposed discovery and reasons for seeking it in advance.
    • Should identify the expected adverse parties, including names and addresses where known.
    • Must provide the names and addresses of individuals from whom discovery is sought, along with the expected evidence to be obtained.
    • Must request an order for subpoenas, physical or mental examinations, or depositions to preserve testimonies.

    Hearing and Notice Requirements

    • A hearing is required unless all expected adverse parties agree to the discovery or the court waives the requirement for good cause.
    • Petitioner must serve each expected adverse party with a copy of the petition and hearing notice at least 20 days prior to the hearing.
    • Service can occur inside or outside Arizona and may include publication if service cannot be reasonably executed.

    Opposition and Court Order

    • Expected adverse parties may file opposition to the petition at least 5 days before the hearing, served on the petitioner and other parties.
    • If the court is satisfied that preserving evidence prevents injustice, an order will be entered identifying the subpoena recipients and permitting other necessary examinations.

    Discovery Conduct and Usage

    • Court-authorized discovery must adhere to specific rules and can be utilized in any subsequent actions involving the same subject matter.
    • Subpoena recipients hold rights similar to nonparties.

    Appointing Counsel and Appeals

    • If an expected adverse party is unrepresented, the court will appoint an attorney to cross-examine during depositions, with costs borne by the petitioner.
    • Discovery may continue even during appeals to preserve evidence for future proceedings.

    Deposition Procedures in the U.S.

    • Depositions within the U.S. must be taken before authorized officers, court-appointed individuals, or certified reporters.
    • Deposition notices require written notice at least 10 days in advance, detailing necessary particulars.

    International Depositions

    • Depositions in foreign jurisdictions may follow applicable treaties, letters of request, or conducted before authorized personnel.
    • Evidence obtained from foreign depositions is not disqualified for varying standards from U.S. rules.

    Modifying Discovery Procedures

    • Parties may modify procedures by written agreement or through a motion showing good cause for changes in discovery processes.

    Depositions by Oral Examination

    • Parties can depose individuals including any party, their spouses, and disclosed expert witnesses.
    • Deposing an incarcerated person requires agreement from the custodian or leave from the court.

    Duration and Sanctions in Depositions

    • Depositions are limited to a reasonable length, primarily a maximum of 4 hours, unless otherwise agreed.
    • Abuse or obstruction during depositions may result in court sanctions.

    Review and Certification of Depositions

    • Deponents may review transcripts or recordings post-deposition for potential changes within 30 days.
    • The deponent's changes should be certified, and the deposition sealed and delivered to the relevant attorney for safekeeping.

    Rule 49: Disclosure

    • The purpose of disclosure requirements is to ensure fair information exchange among parties in family law cases.
    • Parties must disclose information within their control and that which can be reasonably acquired through investigation.
    • The court may limit disclosure for good cause under sections (e) through (i).

    Timeframe for Disclosure

    • Initial disclosures must occur within 40 days after the first response unless an extension is agreed upon.
    • Parties have a continuous duty to disclose new or additional information, requiring timely updates within 30 days of discovering new facts.
    • If new information is relevant for a hearing in under 30 days, it should be disclosed reasonably in advance.

    Resolution Statement

    • Each party must file a Resolution Statement within 30 days after initial disclosures, outlining agreements and detailed positions for resolving issues.
    • Not required in third-party rights proceedings under A.R.S. § 25-409.
    • Required disclosures include protective orders, treatment provider details for psychological issues, criminal charges, and investigations by the Department of Child Safety within specified timeframes.

    Child Support Disclosure

    • Parties must provide a completed Affidavit of Financial Information (AFI) and proof of income and expenses, including:
      • Tax returns, pay stubs, court-ordered support documentation, and medical insurance proof for children.

    Spousal Maintenance and Attorney Fees

    • Parties requesting spousal maintenance or attorney fees must submit an AFI and financial documentation specified for child support.

    Property Disclosure

    • Disclosure of property documents is required, including:
      • Ownership documents, bank account statements, retirement account information, life insurance policies, and personal property estimates.

    Debt Disclosure

    • Must include documentation of mortgages, credit card statements, and any encumbrances owed relating to debts for the timeframe specified.

    Witness Disclosure

    • Parties must disclose names and contacts for expected witnesses, along with summaries of their expected testimony at least 60 days prior to trial.

    Expert Witness Disclosure

    • Required to disclose details about expert witnesses including qualifications, subject matter of testimony, and supporting facts or opinions 60 days before trial.

    Electronically Stored Information (ESI)

    • Within 40 days of initial disclosures, parties must produce relevant electronically stored information.
    • ESI must be provided in a usable format, and issues regarding production can be brought before the court if not resolved between parties.

    General Discovery Provisions

    • Parties can obtain discovery through various methods, including depositions, written interrogatories, document requests, and physical examinations.
    • Discovery is permitted for nonprivileged matters relevant to claims or defenses, proportional to case needs.

    Limits on Discovery

    • The court can limit discovery based on factors such as duplicative information, existing access to data, and scope relevance.

    Expert Discovery

    • Deposition of disclosed expert witnesses is allowed; however, information from experts retained solely for trial preparation is typically protected unless exceptional circumstances apply.
    • Courts will ensure fair compensation for experts involved in discovery processes.

    Additional Notes

    • Disclosures must be served to all parties but not filed with the court.
    • Rule 51 provides additional provisions for conducting further discovery as needed outside the disclosure requirements.### Withholding Information in Discovery
    • Parties must promptly identify and describe withheld information, documents, or electronically stored information (ESI) claimed as privileged or protected.
    • Descriptions must enable assessment of the claim without revealing protected information.

    Inadvertent Production

    • If privileged materials are inadvertently produced, the party must notify others, who must return, sequester, or destroy the documents and not use them until resolved.
    • Reasonable steps must be taken to address any prior disclosures.

    Sequence of Discovery

    • Discovery methods can be used in any order unless ordered otherwise by the court.
    • One party's discovery does not delay another's process.

    Supplementing Discovery Responses

    • Responses to interrogatories, production requests, or admissions must be updated promptly if they become materially incomplete or incorrect.
    • Corrections must occur within 30 days of realizing the need for an update.

    Sanctions for Discovery Misconduct

    • Courts can impose sanctions for unreasonable, groundless, or obstructionist behavior related to discovery.

    Subpoena Requirements

    • Subpoenas must include details such as court name, action title, case number, and commands to testify or produce documents.
    • Individuals may object within 14 days of service, halting compliance until the court orders otherwise.

    Service of Subpoena

    • Subpoenas can be served by anyone over 18 who is not a party to the case, requiring delivery of a copy and necessary fees unless exempt.
    • Proof of service must be filed only as designated in specific rules.

    Protecting Individuals from Undue Burden

    • Courts may quash or modify subpoenas that impose undue burden, require privileged information, or fail to allow reasonable compliance time.
    • Motion to quash must be filed before compliance time or within 14 days after serving the subpoena.

    Protective Orders

    • A protective order can be sought to prevent discovery due to annoying or oppressive circumstances.
    • Courts may specify terms, limit scope, or designate present individuals during discovery.

    Confidentiality Orders

    • A party seeking confidentiality must prove why a confidentiality order is necessary and show relevant factors for the request.
    • The court must use the least restrictive means to maintain confidentiality.

    Pre-Action Discovery

    • Individuals wishing to preserve testimony or evidence may file a verified petition in the appropriate superior court before an action is formally filed.### Petition Requirements for Discovery
    • Must be titled in the petitioner's name and demonstrate the expectation of becoming a party to a cognizable action.
    • Requires identification of the subject matter of the expected action and the petitioner's interest in it.
    • Must outline facts to be established through proposed discovery and reasons for seeking it in advance.
    • Should identify the expected adverse parties, including names and addresses where known.
    • Must provide the names and addresses of individuals from whom discovery is sought, along with the expected evidence to be obtained.
    • Must request an order for subpoenas, physical or mental examinations, or depositions to preserve testimonies.

    Hearing and Notice Requirements

    • A hearing is required unless all expected adverse parties agree to the discovery or the court waives the requirement for good cause.
    • Petitioner must serve each expected adverse party with a copy of the petition and hearing notice at least 20 days prior to the hearing.
    • Service can occur inside or outside Arizona and may include publication if service cannot be reasonably executed.

    Opposition and Court Order

    • Expected adverse parties may file opposition to the petition at least 5 days before the hearing, served on the petitioner and other parties.
    • If the court is satisfied that preserving evidence prevents injustice, an order will be entered identifying the subpoena recipients and permitting other necessary examinations.

    Discovery Conduct and Usage

    • Court-authorized discovery must adhere to specific rules and can be utilized in any subsequent actions involving the same subject matter.
    • Subpoena recipients hold rights similar to nonparties.

    Appointing Counsel and Appeals

    • If an expected adverse party is unrepresented, the court will appoint an attorney to cross-examine during depositions, with costs borne by the petitioner.
    • Discovery may continue even during appeals to preserve evidence for future proceedings.

    Deposition Procedures in the U.S.

    • Depositions within the U.S. must be taken before authorized officers, court-appointed individuals, or certified reporters.
    • Deposition notices require written notice at least 10 days in advance, detailing necessary particulars.

    International Depositions

    • Depositions in foreign jurisdictions may follow applicable treaties, letters of request, or conducted before authorized personnel.
    • Evidence obtained from foreign depositions is not disqualified for varying standards from U.S. rules.

    Modifying Discovery Procedures

    • Parties may modify procedures by written agreement or through a motion showing good cause for changes in discovery processes.

    Depositions by Oral Examination

    • Parties can depose individuals including any party, their spouses, and disclosed expert witnesses.
    • Deposing an incarcerated person requires agreement from the custodian or leave from the court.

    Duration and Sanctions in Depositions

    • Depositions are limited to a reasonable length, primarily a maximum of 4 hours, unless otherwise agreed.
    • Abuse or obstruction during depositions may result in court sanctions.

    Review and Certification of Depositions

    • Deponents may review transcripts or recordings post-deposition for potential changes within 30 days.
    • The deponent's changes should be certified, and the deposition sealed and delivered to the relevant attorney for safekeeping.

    Rule 66: Duties to Consider and Attempt Settlement by Alternative Dispute Resolution (ADR)

    • Encouragement of ADR: Family law cases are encouraged to resolve disputes non-adversarially through ADR, overseen either by the court or independent agencies.
    • Types of ADR Processes:
      • Arbitration: Involves neutral individuals rendering decisions based on the Uniform Arbitration Act.
      • Family Law Master: Appointed by the court to review evidence and report findings on disputed issues.
      • Mediation: A confidential and voluntary process allowing parties to negotiate with a mediator.
      • Open Negotiation: Non-confidential negotiations facilitated by a neutral negotiator.
      • Parenting Coordinator: Helps parents navigate legal decision-making and parenting time orders.
      • Settlement Conference: Confidential meeting with a neutral judge to discuss potential settlements.
    • Obligation to Consider ADR: Parties must explore prompt resolution possibilities and appropriate ADR types within 90 days of a respondent's appearance.
    • Good Faith Discussions: Attorneys and self-represented parties must engage in good faith discussions about settlement and ADR processes, with penalties for non-compliance.
    • Domestic Violence Exceptions: Self-represented parties are exempt from meeting if domestic violence is present or if there’s a violation of court orders prohibiting contact.
    • Court Assistance: Court may direct parties to discuss ADR options with a court-appointed specialist.

    Rule 67: Types of Alternative Dispute Resolution

    • Included ADR Processes:
      • Collaborative law under Rule 67.1
      • Family law arbitration under Rule 67.2
      • Private mediation under Rule 67.3
      • Settlement conference under Rule 67.4

    Rule 67.1: Collaborative Law Proceedings

    • Collaborative Process Definition: Aims to resolve disputes without tribunal intervention, requiring a collaborative law participation agreement signed by both parties.
    • Key Definitions:
      • Collaborative Law Communication: Statements made during the collaborative process post-agreement.
      • Collaborative Lawyer: Represents a party within a collaborative law process.
      • Collaborative Matter: Disputes involving family or domestic relations law.
    • Participation Agreement Requirements:
      • Must be written, signed, and outline the details of the collaborative matter.
    • Must identify collaborative lawyers representing each party.
    • Initiation and Conclusion of the Process:
      • Begins with the signing of the participation agreement.
      • Can be concluded through resolution, agreement, or termination notice.
    • Disqualification of Collaborative Lawyers: Collaborative lawyers are generally disqualified from representing parties in related tribunal matters. Exceptions exist for emergency orders and approval of agreements.
    • Low Income and Government Entity Considerations: Special provisions allow for representation without fee for low-income parties and governmental entities, maintaining isolation from collaborative lawyers who become disqualified.

    Additional Aspects of Collaborative Law

    • Disclosure Obligations: Parties must provide timely and candid disclosures related to the collaborative matter, including updates on materially changed information.
    • Professional Responsibility: The rules maintain existing professional responsibility standards and mandatory reporting obligations.
    • Safety Evaluations: Collaborative lawyers must assess the presence of coercive or violent relationships before proceeding and ensure participant safety.
    • Confidentiality: Collaborative communications remain confidential, adjustable by agreement or as dictated by law.### Privilege Against Disclosure for Collaborative Law Communication
    • Collaborative law communication is privileged and protected from discovery and admissibility in evidence.
    • A party can refuse to disclose or prevent disclosure of collaborative law communication.
    • Nonparty participants also have the right to refuse disclosure.
    • Admissible evidence remains admissible regardless of its use in collaborative law processes.

    Waiver and Preclusion of Privilege

    • The privilege can be waived through express consent recorded or orally during proceedings by all parties involved.
    • A party making prejudicial disclosures cannot claim privilege under certain circumstances.
    • Disclosure does not equate to waiver for unrelated communications.

    Limits of Privilege

    • No privilege for communications available to the public, threats of violence, or if intended to further a crime.
    • No privilege for evidence related to claims of professional misconduct or child abuse unless specific entities are involved.
    • Tribunals can mandate disclosure if interests in confidentiality do not outweigh the need for evidence in serious cases (felonies, contract issues).
    • Only relevant parts of privileged communications are disclosed when exceptions apply.

    Authority of Tribunal in Case of Noncompliance

    • Tribunals may affirm intentions of collaborative participation agreements even if they don’t meet formal requirements.
    • Courts may enforce agreements resulting from collaborative processes if justice requires.

    Definitions Relevant to Family Law Arbitration

    • Arbitration agreements must be signed and identify dispute types and arbiters.
    • Family law disputes involve issues under Arizona Title 25, excluding legal separations, guardianships, or adoptions.

    Scope and Applicable Law

    • Family law arbitration governed by specific Arizona statutes and regulation.
    • Arbitrators must apply Arizona law in resolving disputes.

    Arbitration Agreement Requirements

    • Must be in written form, signed, and identify disputes and arbiters.
    • Agreements to arbitrate child-related disputes post-creation are unenforceable unless reaffirmed in writing.

    Motion for Judicial Relief

    • Judicial relief motions must be filed in the appropriate court related to the family law dispute.
    • Courts can compel or terminate arbitration based on the agreement’s enforceability and dispute subject matter.

    Arbitrator Qualifications

    • Arbitrators generally need to be attorneys or judges and trained to recognize domestic abuse.

    Disclosure and Disqualification of Arbitrator

    • Arbitrators must disclose potential biases or interests that could affect impartiality.
    • Continuing obligation to disclose exists for arbitrators and parties.

    Party Participation

    • Parties can have legal representation and non-witness attendees during arbitration.
    • Ex parte communications with arbitrators are generally prohibited.

    Temporary Orders and Protecting Participants

    • Temporary awards can be issued when required for urgent matters.
    • Arbitrators must stay arbitration if a party is under protective order or if a child is suspected of abuse.

    Powers and Duties of Arbitrator

    • Conduct of arbitration must be fair and allow for evidence presentation and witness cross-examination.
    • Arbitrators have broad powers, including rule selection, evidence admissibility, and imposing sanctions for misconduct.

    Recording of Hearing

    • Arbitration hearings are not required to be recorded unless specified, but child-related hearings must be verbatim.

    Award Process

    • Arbitrators must provide a written, dated, and signed award with reasoning unless otherwise agreed upon.
    • Awards are not enforceable as judgments until confirmed by the court.

    Confirmation of Award

    • Parties can seek court confirmation of an arbitrator’s award after notification.
    • The court confirms awards if parties agree or if no motions remain pending regarding the award.### Confirmation of Child-Related Awards
    • Courts must confirm an award in child-related disputes if it meets state law and serves the child's best interests.
    • Confirmed awards are enforceable as judgments.

    Correction of Unconfirmed Awards

    • Arbitrators can correct awards within 20 days for:

      • Mathematical errors or evident mistakes in descriptions.
      • Imperfections in form that do not affect the award's merits.
      • Clarification of the award.

    • Courts can also correct unconfirmed awards within 90 days for similar reasons, with an exception for vacating due to corruption, fraud, or improper conduct.

    Vacation or Amendment of Unconfirmed Awards

    • Courts must vacate awards if proven to be:

      • Obtained through corruption, fraud, or undue means.
      • The result of evident arbitrator partiality or misconduct.
      • Conducted without sufficient notice or exceeding the arbitrator's powers.

    • For child-related disputes, additional grounds for vacation include non-compliance with state law or inadequate reasoning in the award.

    Clarification of Confirmed Awards

    • Disputes over the meaning of confirmed awards can be resolved by:
      • Agreeing to arbitrate the matter.
      • Proceeding through the court for clarification.

    Judicial Actions on Awards

    • Upon confirming, vacating, or amending an award, courts will enter a judgment per the order.
    • Parties can request sealing parts of the arbitration record to protect confidences.

    Modification and Enforcement

    • To modify an award post-confirmation, parties must follow specified dispute resolution methods.
    • Courts must enforce confirmed awards in the same manner as other judgments, including those from other states.

    Appeal Processes

    • Appeals can be filed against various rulings, including denial of arbitration motions, confirmation or correction of awards, and final judgments.

    Transitional Provisions

    • This rule applies to arbitration agreements made after January 1, 2018. Agreements prior may apply voluntarily.

    Private Mediation

    • Mediation is voluntary, confidential, and facilitated by a neutral mediator, selected by the parties or the court.
    • Communications during mediation are confidential, and the mediator cannot disclose parties' statements to the court.

    Subjects and Payment in Mediation

    • Mediation can cover any disputed issue, with parties responsible for mediator fees, shared unless they agree otherwise.

    Considerations of Domestic Violence

    • Courts must have measures to protect victims during mediation, only allowing it under safe conditions.
    • Mediators must terminate sessions if domestic violence is identified as a concern.

    Scheduling and Attendance

    • Mediators will schedule conferences, and parties must attend as directed. Failure to appear can result in court-imposed sanctions.
    • Parties may need to submit mediation statements outlining their positions and evidence.

    Binding Agreements

    • Any agreements made during mediation must comply with existing rules and state the voluntariness and intentions of the parties.

    Reporting to Court

    • Parties must notify the court about the outcomes of mediation within ten days of conclusion, while mediators report unsuccessful attempts without divulging positions.

    Settlement Conferences

    • Courts can order settlement conferences with required participation from parties and their counsel.
    • Each party may need to supply a settlement memorandum detailing their positions and evidence.

    Communication during Settlement

    • Courts may communicate with one party outside the presence of others to facilitate settlement discussions with consent.

    Studying That Suits You

    Use AI to generate personalized quizzes and flashcards to suit your learning preferences.

    Quiz Team

    Description

    This quiz covers Rule 8 regarding telephonic appearances and testimony in legal settings. It explores the implications and definitions related to telephonic methods, such as appearances by telephone or videoconferencing. Test your understanding of how these rules apply in legal proceedings.

    More Quizzes Like This

    Les principes du Centrex en téléphonie fixe
    9 questions

    Les principes du Centrex en téléphonie fixe

    GenialFeministArt avatar
    GenialFeministArt
    Telephone Etiquette Flashcards
    12 questions

    Telephone Etiquette Flashcards

    SafePythagoras avatar
    SafePythagoras
    Telephony Flashcards
    66 questions

    Telephony Flashcards

    EffortlessGyrolite7402 avatar
    EffortlessGyrolite7402
    Standard 4 English Grammar - Message Writing
    6 questions

    Standard 4 English Grammar - Message Writing

    KnowledgeableFlashback avatar
    KnowledgeableFlashback
    Use Quizgecko on...
    Browser
    Open
    Browser
    Browser