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Rule 48. Temporary Orders Without Notice

Arizona Revised Statutes AnnotatedRules of Family Law Procedure

Arizona Revised Statutes Annotated

Rules of Family Law Procedure (Refs & Annos)

Part VI. Temporary Orders (Refs & Annos)

17B A.R.S. Rules Fam.Law Proc., Rule 48

Rule 48. Temporary Orders Without Notice

Currentness

(a) Filing and Timing. A party may request temporary orders without notice by filing a verified motion, along with a proposed form of orders and a notice of hearing on the motion. A motion may be filed at the same time or after filing an initial pre-decree or post-decree petition.

(b) Grounds. A court may grant temporary orders without written or oral notice to an adverse party or that party's attorney only if the verified motion:

(1) clearly shows by specific facts that if an order is not issued before the adverse party can be heard, the moving party or a minor child of the party will be irreparably injured, or irreparable injury, loss, or damage will result to the separate or community property of the moving party; and

(2) the moving party or attorney provides written certification of the efforts to give notice to the other party, or why giving notice should not be required.

(c) Orders. Temporary orders without notice must specify the injury, loss, or damage and why it is irreparable, and state why the court granted the orders without notice. Temporary orders expire at the date and time set for hearing on the motion unless the court extends the time for good cause.

(d) Hearing. An evidentiary hearing must be set on the motion not later than 10 days after the order's entry, unless the court extends the time for good cause. The nonmoving party may request an earlier evidentiary hearing with reasonable notice as the court directs.

(e) Service. The order and notice of the evidentiary hearing must be served as soon as possible after the order's entry or as the court directs.

(f) Bond. No bond is required for temporary orders unless the court finds a bond appropriate.

Credits

Added Aug. 30, 2018, effective Jan. 1, 2019.

Editors' Notes

HISTORICAL NOTES

Former Rule 48, relating to temporary orders without notice, was abrogated Aug. 30, 2018, effective Jan. 1, 2019. See, now, this rule.

17B A. R. S. Rules Fam. Law Proc., Rule 48, AZ ST RFLP Rule 48

Current with amendments received through 05/1/2020.

End of Document