Rule 9. Duties of Parties or Counsel
Arizona Revised Statutes AnnotatedRules of Family Law ProcedureEffective: January 1, 2023
Effective: January 1, 2023
17B A.R.S. Rules Fam.Law Proc., Rule 9
Rule 9. Duties of Parties or Counsel
(1) Generally. When these rules require a “good faith consultation certificate,” the certificate must demonstrate that a party has made a good faith attempt to resolve the issue. The consultation or attempted consultation required by this rule must be in person or by telephone, and not merely by letter or email.
(A) Notice of Withdrawal. When a judgment, decree, or other appealable order has become final, the time for appeal has passed, and there are no matters pending before the court, an attorney may withdraw from further representation by filing a notice of withdrawal. The notice must state that the attorney will no longer represent the client and include the client's address and telephone number, unless protected. The withdrawing attorney must provide a copy of the notice to the client and all other parties. An order approving the notice of withdrawal is not required.
(i) If the motion bears the client's written approval, it must be accompanied by a proposed written order and may be presented to the court ex parte. The withdrawing attorney must give prompt notice of the entry of such order, together with the client's address and telephone number, unless protected, to all other parties.
(ii) If the motion does not bear the client's written approval, it must be served on the client and all other parties. The motion must be accompanied by a certificate of the moving attorney that the client has been notified in writing of the status of the action, including the dates and times of any court hearings or trial settings, or the client cannot be located or cannot be notified of the motion's pendency and the case status.
(D) Substitution of Counsel. Counsel may be substituted upon written notice to the court and all parties bearing the written consent of the represented party. The notice must affirm that the substituting attorney is advised of pending court dates and has made suitable arrangements to be prepared. The notice must be accompanied by a form of order approving the substitution.
(E) Change of Counsel Within the Same Firm or Office. If there is a change of counsel within the same law firm, an order of substitution or association is not required. Instead, the new attorney must file a notice of substitution or association. The notice must state the names of the attorneys who are the subjects of the substitution or association and the current address and email address of the attorney substituting or associating.
(3) Service. Service on an attorney who has undertaken a limited scope representation on behalf of a party will constitute effective service on that party under Rule 43(b) with respect to all matters in the action but will not extend the attorney's responsibility for representing the party beyond the specific matters, hearings, or issues for which the attorney has appeared.
Credits
Added Aug. 30, 2018, effective Jan. 1, 2019. Amended Aug. 29, 2022, effective Jan. 1, 2023.
17B A. R. S. Rules Fam. Law Proc., Rule 9, AZ ST RFLP Rule 9
State Court Rules are current with amendments received through April 1, 2024. The Code of Judicial Administration is current with amendments received through April 1, 2024.
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