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Rule 3.5. Affidavits Required; Pleading and Practice

Arizona Revised Statutes AnnotatedLocal Rules of Practice Superior Court

Arizona Revised Statutes Annotated
Local Rules of Practice Superior Court (Refs & Annos)
Pima County (Refs & Annos)
Rule 3. Family Law Cases
17C A.R.S. Super.Ct.Local Prac.Rules, Pima County, Rule 3.5
Formerly cited as AZ ST PIMA SUPER CT Rule 8.5
Rule 3.5. Affidavits Required; Pleading and Practice
(A) Financial Affidavits; Production of Documents.
(1) Forms of Financial Affidavits. There are 2 local forms of financial affidavits as permissible alternatives to the Affidavit of Financial Information in Form 2, Rule 97, ARFLP: (a) a child support financial affidavit; and (b) a spousal maintenance affidavit. Wherever the term financial affidavit is used in this rule, it refers to the relevant court-approved financial affidavit. In any proceeding where the establishment or modification of child support is the sole financial issue, a child support financial affidavit must be filed. In all other proceedings where spousal maintenance or a request for an award of attorney's fees or expenses is at issue, a spousal maintenance financial affidavit must be filed. In all cases a party may choose to use the Affidavit of Financial Information in the Appendix to Rule 97, ARFLP. No filing or appearance fee may be charged for the filing of the opposing party's financial affidavit, unless otherwise provided by law.
(2) Duty to Document Change in Financial Circumstances in the Financial Affidavit. In any proceeding for establishment or modification of child support or spousal maintenance, for an award of attorney fees and/or expenses, or a proceeding for failure to pay any of the foregoing, a party may not present testimony regarding any change in his or her financial circumstances between the date of the most recent financial affidavit and the date of the hearing or trial, unless an amended financial affidavit setting forth the changes has been filed or good cause is shown.
(3) Documents to Be Provided to the Other Party.
(a) When seeking establishment or modification of child support, a party must timely provide to the other party's attorney or to the party if self-represented, but not file with the Clerk of the Court, the documents.
(b) When seeking establishment or modification of spousal maintenance, and/or an award of attorney's fees and costs, or expenses, a party must timely provide to the other party's attorney, or, to the party if self-represented, but not file with the Clerk of the Court, the documents as required by Rule 49(f) and/or 91(m), ARFLP.:
(c) The Order to Appear must specifically direct both parties to comply with Rule 49 and/or 91, ARFLP, as appropriate. The Order to Appear must not require the production of any additional documents, but this does not preclude the applicant from requesting additional documents through discovery procedures.
(B) Time. Whenever this rule requires a party to provide documents or the relevant financial affidavit, a copy must be provided to the other party no later than 3 court days before the date set for hearing.
(C) Order to Appear for Temporary Orders. In addition to the documents required by Rules 47-47.2, ARFLP, when a request for an Order to Appear is made for temporary spousal maintenance, child support, or a request for an award of attorney fees and/or expenses, the requesting party must serve a blank copy of the required financial affidavit and a copy of Pima County Local Rule 3.5. The opposing party must file the required financial affidavit, a copy of which must be provided to the party's attorney, or, if self-represented, to the party in a timely manner.
(D) Petition for Modification of Spousal Maintenance or Child Support.
(1) Petition for Modification of Spousal Maintenance. When a party files a petition for modification of a prior order for spousal maintenance, the requesting party must serve a blank copy of the required financial affidavit and a copy of Pima County Local Rule 3.5. The opposing party must file the required financial affidavits, and provide a copy to the applicant's attorney, or if self-represented, the applicant, in a timely manner.
(2) Petition for Modification of Child Support. When a party files a petition for modification of child support, the requesting party must serve a blank copy of the required financial affidavit and a copy of Pima County Local Rule 3.5. The opposing party must file the required financial affidavits, and provide a copy to the applicant's attorney, or if self-represented, the applicant, in a timely manner. This provision does not apply to modifications filed pursuant to the Simplified Procedure set forth in the Arizona Child Support Guidelines, and pursuant to Rule 91.1(b)(2), ARFLP. An agency authorized by law to request a modification of an existing Order on behalf of the State of Arizona will not be required to strictly comply with the provisions of this local rule requiring a child support financial affidavit if the information is not reasonably available to the agency prior to filing the petition.
(3) Stipulation to Modify Child Support. Should the parties reach an agreement and submit a stipulation to the Court to modify child support they must submit a proposed form of Child Support Order, Income Withholding Order and a child support worksheet containing detailed information supporting compliance with or a deviation from the Child Support Guidelines.
(E) Failure to Pay Child Support, Spousal Maintenance, or Attorney's Fees and Expenses. In an action to enforce an order to pay child support, spousal maintenance, or attorney fees and expenses, the documents listed below must not be filed with the Clerk of the Court or attached to any papers filed with the Clerk of the Court, but must be provided to the other party. The opposing party must also provide the applicant's attorney, or if self-represented, the applicant, copies of the following documents but must not file the documents with the Clerk of the Court:
(1) That party's most recently filed federal and state income tax returns, with all schedules;
(2) That party's 4 most recent consecutive wage statements from all employment;
(3) That party's most recent W-2, 1099, and K-1 forms, as applicable; and
(4) Where the opposing party claims sums sought by the applicant have been paid, receipts or statements supporting the opposing party's claim.
The Order to Appear must specifically direct the respondent to comply with Pima County Local Rule 3.5. The Order to Appear must not require the production of any additional documents, but this does not preclude the applicant from requesting additional documents through discovery procedures.
(F) Failure to Comply with Pima County Local Rule 3.5. If either party fails to comply with any part of Pima County Local Rule 3.5, upon the complying party's request or the Court's own motion and in the absence of good cause, the Court may enter orders that include the following:
(1) Vacate or continue the hearing;
(2) Enter an interim award of relief in favor of a complying party and against a non-complying party based on the complying party's financial affidavit;
(3) Award a complying party his or her attorney fees and expenses incurred in preparing for and attending the hearing; or
(4) Enter other appropriate relief, including any sanction permitted under Rule 71, ARFLP.
For purposes of making an interim award the Court may, on its own motion, examine either party if it deems such examination necessary. The non-complying party may be precluded from introducing any evidence and/or conducting cross-examination for purposes of making an interim award.
(G) Hearings. Matters set for hearing on motions will proceed by oral argument only, without testimony or other evidence, unless notice has been given that testimony or other evidence will be presented. Matters set before the Court pursuant to Pima County Local Rules 3.5(C), (D), or (E) will be presumed to be evidentiary hearings.

Credits

Added effective July 1, 2018. Amended April 30, 2019, effective May 1, 2019.
17C A. R. S. Super. Ct. Local Prac. Rules, Pima County, Rule 3.5, AZ ST PIMA SUPER CT Rule 3.5
State Court Rules are current with amendments received and effective through 12/1/22. The Code of Judicial Administration is current with amendments received through 12/1/22.
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