HeyAnnette

Arizona Rules of Family Law Procedure-how to keep up with them

I've been trying lately to find out the best way to find the Arizona Rules of Family Law Procedure online.  I'm doing this for my own benefit and to respond to people who've asked me this.   The old link to a Westlaw site for Arizona rules is no longer operational.   I don't know if West has pulled its free access to Rules, or if that site is under construction.

So here's what I've come up with.  At Rules you can find the Arizona Supreme Court's most recent Order adopting changes to the Rules which were effective 1-1-2009.  This is a nice thing to have, and shows the changes with strikeouts and bolding. BUT, for any Rules sections which were not changed in 2009, this document just says "no changes to current text".  So it's not complete.

Another great document is attached.  Download ARFLP_Red,_Blue_and_Green[1] It's informally called the "red, blue and green" version of the Rules.  The red inserts in this document show the changes that were effective 1-1-2008; the blue is changes effective 1-1-2009; and the green are possible future changes.   I can't emphasize "possible" enough; anything in green has not even yet been sent to the Supreme Court in the form of a Rules petition, so you can't count on those possible changes unless they appear in a future Petition to the Arizona Supreme Court.  At the earliest, they could represent changes that could take place in 2011.

2009 Amendments to Family Law Rules Are Approved

The Arizona Supreme Court issued an Order (R-07-0010) on September 8, 2008 approving amendments to some Family Law Rules effective January 1, 2009.    Supreme Court Order 9-8-2008   The Amendments make clarifications and add new information to some Rules.  A synopsis of the overall changes will be posted here soon.   Meanwhile, here's a sampler of some changes:

Rule 3(B)(1). New definition "guardian"; and addition to the Comment to this Section.

Rule 6.  Clarification on when a change of judge is permitted.

Rule 10(I).  New Subsection clarifies that a guardian shall be appointed only pursuant to Title 14.

Rule 13D.  New Subsection about sealing cases or records.

Rule 34(A)(2).  New requirements for filing an Amended Petition, with the specific changes indicated.

Rule 35D.  Motions for Reconsideration must be filed within 30 days of the ruling being filed.

Rule 43(G)(2).   "Sensitive data" definition is expanded.

Rule 49. Disclosure requirements are substantially expanded and now include custody/ parenting time disclosure.    Rule 49(E)(3) includes a revised list of specifics about disclosure for retirement and deferred compensation assets.  This list was prepared by QDRO experts who know what information they are really looking for.

Rule 72L.  This is a new section to the Special Master Rule which has specific provisions for the appointment of a  Special Master to resolve retirement and deferred compensation issues, and to have the QDRO prepared and issued.   This section was also written by the QDRO experts to answer problems they've incurred in performing these functions, and hopefully will expedite the QDRO process for everyone.

Arizona Rules of Family Law Procedure

The complete text of the Arizona Rules of Family Law Procedure can be found at ARFLP Rules Page  and click on "Adopted Version of Arizona Rules"

Spotlight on Rule 47M

Rule 47M.  Enforceability of Temporary Orders.

Rule 47M.  "Temporary orders signed by the court and filed by the clerk are enforceable as final orders during the pendency of the action. Temporary orders become ineffective and unenforceable  upon termination of an action either by dismissal or following entry of a final decree, judgment or order, unless that final decree, judgment or order provides otherwise. Orders of Protection and Injunctions Against Harassment are not subject to the provisions of this rule."

Most family law attorneys have operated with the knowledge that arrears on temporary orders must be incorporated into the final decree of dissolution, and if they are not, the temporary orders become unenforceable (and terminate) upon entry of the final decree.   Prior to adoption of this specific language in Rule 47M, however, concrete authority for this position was difficult to find (although the doctrines of collateral estoppel and possibly judicial estoppel could be argued).   

With the new language in Rule 47M, however, it is clear that temporary orders become unenforceable upon the entry of a final decree which does not explicitly incorporate those orders.

See also:  Thompson v. Thompson, 126 Ariz. 129, 613 P.2d 289 (1980), which cites Furgason v. Furgason, 1 Wash App. 859, 465 P.3d 187 (1970); and 24 Am Jur. 2d Divorce and Separation, Section 560, Annot. 154 A.L.R. 530.

Thompson states, in part:  "A debatable question is presented as to whether accrued arrearages under an order for temporary support are enforceable after entry of the final decree when the decree makes no reference to the delinquent payments."

Rules Websites

To find the forms which are referenced in the Arizona Rules of Family Law Procedure, go to:

http://supreme.state.az.us/selfserv/ARFLP_forms.htm

Forms are available in Word and Word Perfect format.

To submit comments on the Rules to the Rules Review committee, use the comment form located at:

http://supreme.state.az.us/drrc/CommentForm.asp

New Family Law Rules-effective date

One of the most frequent questions I've received is what cases the new Rules apply to.  Many attorneys still think they apply only to cases filed after January 1, 2006.  This is INcorrect.  The new Rules apply to all cases pending as of 1-1-06, with two exceptions. The exceptions are set forth in the promulgating Order of the Supreme Court, which is attached.  The exceptions are (1) no new disclosure is necessary under the new Rules if disclosure was previously done in the case; and (2) new Rule 2(b) does not apply to cases filed prior to 1-1-06 unless the parties specifically stipulate. Rule 2(b) concerns the admissibility of evidence.

Other than those exceptions, the new Rules apply to ALL pending family cases and all new filings.

Regarding Motions for Reconsideration, nothing has changed in the new Rules. The provisions of the prior local Rule were incorporated into the new Rules. Please see new Rule 35D regarding Motions for Reconsideration and the fact that a Response is not necessary until requested by the court, and the court is not to grant a Motion for Reconsideration without requesting a Response.

Download R-05-0008ORDER.pdf

Arizona Rules of Family Law Procedure

The Arizona Supreme Court has adopted a set of statewide rules for family law cases, which includes divorce, child custody, paternity and child support cases.

The Supreme Cout's Committee has been working on the new rules since July, 2003.  The Committee is comprised of sixteen members from around the state, including family law judges, lawyers, mediators, court administrators, mental health professionals, and others familiar with family court cases.  Annette Burns has served on that Committee since its inception, and will continue to serve on the Review Subcommittee which will consider changes to the Rules over the next two years.

Some of the more significant changes in the Rules include:

          *Encouragement of ADR, settlement conferences and other problem-solving mechanisms to resolve family cases short of contested hearings;

          *Rules for temporary and post-divorce proceedings, which have never before existed in the Rules of Civil Procedure or on a statewide basis;

           *Timing requirements that mean that parties who need to see a judge will see one earlier in a case, when families are often in crisis;

           *New standards for interviews of children in family law cases;

           *The creation of "limited scope representation" which allows attorneys, with the consent of their client, to represent that client in only one aspect of a family law case, such as temporary orders or  a single hearing.  This will allow someone to hire an attorney for the most difficult or contested aspect of a case while still representing himself or herself on other issues;

           *Discovery and disclosure rules to encourage full exchange of information about all assets, debts and information relevant to a family law case; and

           *A simplification of the way to finalize a divorce or paternity order when the parties agree.

The Rules took effect statewide on January 1, 2006.  Changes to the Rules that were adopted by the Arizona Supreme Court in 2007 take effect January 1, 2008.   More changes are being considered by the Arizona Supreme Court which may take effect January 1, 2009.   

The Rules can be viewed at the Supreme Court's website at http://www.supreme.state.az.us/drrc/