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Rule 7. Protected Address

Arizona Revised Statutes AnnotatedRules of Family Law ProcedureEffective: September 1, 2019

Arizona Revised Statutes Annotated
Rules of Family Law Procedure (Refs & Annos)
Part I. General Administration (Refs & Annos)
Effective: September 1, 2019
17B A.R.S. Rules Fam.Law Proc., Rule 7
Rule 7. Protected Address
(a) Effect of Filing. A party's address is automatically protected upon filing a request for a protected address until further order of the court.
(b) On Request. The court must designate a party's address as protected on a showing by the requesting party that the other party does not know the party's address; and either
(1) a reasonable belief exists that without a protected address, the party or a minor child may suffer physical or emotional harm; or
(2) A valid order of protection exists.
(c) Request Procedure. A party may request the court to designate that party's address as protected by:
(1) filing a written request substantially similar to Form 15, Rule 97 (“Request for Protected Address”). The request must include the party's address on a separate sheet of paper that must not be provided to the other party; and
(2) providing the court a proposed order substantially similar to Form 15, Rule 97 (“Order for Protected Address”).
(d) Court Action.
(1) Timing and Procedure. Not later than 5 days after a request is filed, the court must rule on it without waiting for a response and without holding a hearing, unless the court finds that a hearing is appropriate. If the court decides to hold a hearing, it must hold the hearing not later than 20 days after the request is filed and it must give notice of the hearing to all parties who have appeared in the action.
(2) Effect of Ruling. If the court grants the request, the clerk must not publicly disclose the person's address, and the requesting party's later filings do not need to include the party's address. If the court denies the request, the requesting party must include the party's address in all later filings.
(3) Later Orders. At any time, the court may order that a protected address is no longer protected:
(A) on request of the party whose address is protected; or
(B) after a hearing and on a finding that there is no reasonable belief that disclosure of the party's address will cause the party or a minor child to suffer physical or emotional harm.
(e) Serving a Document on a Party with a Protected Address.
(1) Generally. A party may serve a document on a person with a protected address by delivering a copy of the document to the clerk and paying the fee established by administrative order to cover the cost of service. The clerk then must promptly mail the document by regular first-class mail to the most recent protected address the person has provided to the clerk. The clerk's mailing envelope must show the clerk's return address.
(2) Date of Service and Mailing Verification. Service on the person is deemed complete when the clerk mails the document. The clerk must promptly file a signed statement that verifies that the document was mailed and the date of mailing.
(3) Undelivered Mail. The clerk must note in the court file any mail to a protected address that is returned as undelivered.
(f) Continuing Duty to Provide the Clerk with Current Address. Any person whose address is ordered protected from disclosure has a continuing duty to provide the clerk with a current and correct mailing address where the person can be served.
(g) Protecting the Address in a Title IV-D Case. This rule does not affect a parent's right under federal law to the protection of the parent's address in connection with seeking services in a Title IV-D case.
(h) Clerk's Duty. The clerk's duty to protect the address ends when the person whose address is protected files a notice of published address that sets forth the person's current mailing address for future service.

Credits

Added Aug. 30, 2018, effective Jan. 1, 2019.
17B A. R. S. Rules Fam. Law Proc., Rule 7, AZ ST RFLP Rule 7
Current with amendments received through 08/15/2020.
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