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Rule 35. Repetitive Filings; Vexatious Conduct; Remedies

Arizona Revised Statutes AnnotatedArizona Rules of Probate ProcedureEffective: January 1, 2020

Arizona Revised Statutes Annotated
Arizona Rules of Probate Procedure (Refs & Annos)
Part V. General Roles and Duties of Participants
Effective: January 1, 2020
17B A.R.S. Rules Probate Proc., Rule 35
Formerly cited as AZ ST PROB Rule 10(G); AZ ST PROB Rule 18(C)
Rule 35. Repetitive Filings; Vexatious Conduct; Remedies
(a) Definitions. For purposes of this rule,
(1) “Repetitive filing” means a petition, motion, or other document that
(A) requests relief that is the same or substantially similar to the relief requested in an earlier petition, motion, or document filed within the preceding 12 months by the same person; and
(B) the later-filed motion or petition does not describe in detail a change in fact or law that supports the requested relief.
(2) “Vexatious conduct” means habitual, repetitive conduct undertaken solely or primarily to harass or injure another party or that party's representative, cause unreasonable delay in proceedings, cause undue harm to the ward or protected person, or cause unnecessary expense. It does not include conduct undertaken in good faith.
(b) Notice of Repetitive Filings.
(1) Grounds. A party may file a notice of repetitive filings if the party has a good faith belief that a person has filed a repetitive filing.
(2) Timing and Identification of the Earlier Filing. A party must file a notice of repetitive filing no later than the response or objection deadline for the allegedly repetitive filing. A notice of repetitive filing must include the title and date of the alleged repetitive filing, the title and date of the earlier filing, and the date of any court ruling on the earlier filing.
(3) Effect of a Notice. A notice of repetitive filing stays the deadline to respond or object to the alleged repetitive filing until further court order.
(4) Court's Authority. The court may summarily strike a repetitive filing on its own motion or after receiving a notice of repetitive filing.
(c) Remedies. If the court finds that a person has engaged in repetitive filings or vexatious conduct, the court may do any combination of the following:
(1) require the person to obtain the court's permission to file future pleadings and other papers in the probate case or in other cases, and, if the court enters such an order, no party is required to respond to the person's future filings until ordered to do so;
(2) order that no response to the person's future requests for information is required, unless a later order requires it; or
(3) order any other remedy provided by law.

Credits

Added Aug. 29, 2019, effective Jan. 1, 2020.
17B A. R. S. Rules Probate Proc., Rule 35, AZ ST PROB Rule 35
State Court Rules are current with amendments received through March 1, 2024. The Code of Judicial Administration is current with amendments received through February 15, 2024.
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