Home Table of Contents

Rule 407. Motions

Arizona Revised Statutes AnnotatedRules of Procedure for the Juvenile CourtEffective: July 1, 2022

Arizona Revised Statutes Annotated
Rules of Procedure for the Juvenile Court (Refs & Annos)
Part IV. Adoptions
1. General Adoption Provisions
Effective: July 1, 2022
17B A.R.S. Juv.Ct.Rules of Proc., Rule 407
Formerly cited as AZ ST JUV CT Rule 74
Rule 407. Motions
(a) Form. Motions must be in writing, unless otherwise authorized by the court, and state the basis for the relief sought. The filing party must state the other parties' positions on the issues raised by the motion, or if their positions are not known, must inform the court of the efforts made to reach the other parties.
(b) Filing. A motion must be filed with the clerk. A copy of the motion must be provided to the assigned judge at the time of filing. If a judge has not yet been assigned to the matter, a copy of the motion must be provided to the presiding juvenile judge or that judge's designee. The filing party must serve all other parties as provided by Rule 106.
(c) Response. A response to a motion must be filed no later than 5 days after service. No reply may be filed unless authorized by the court. The court may at any time and for cause, with or without motion or notice, enlarge or reduce time frames if the request is made before the expiration of the originally prescribed period or as that period was extended by prior order.
(d) Court Ruling. Except as these rules or statutes provide otherwise, after the time for a response has expired or if no party objects, the court may rule on the motion with or without a hearing.
(e) Motion to Continue. A motion to continue must be made in good faith and must state the reasons for the continuance. The party requesting the continuance must advise the court of any impending and expiring time limits. The court may grant a motion to continue for good cause.
(f) Motion to Set Aside. A motion to set aside a final order rendered by the court must conform to the requirements of Civil Rule 60(b) through (d), except that the motion must be filed no later than one year after entry of the final order, unless the moving party alleges grounds pursuant to Civil Rule 60(b) (1), (2) or (3), in which case the motion must be filed no later than 6 months after entry of the final order. The court may not extend these time limits. A motion to set aside a final order under Civil Rule 60(b)(4) may be filed at any time. If the child is an Indian child, the provisions of ICWA ยงยง 1913 and 1914 apply. If a motion under this section seeks to set aside a final order of adoption, Rule 417 also applies.

Credits

Added Dec. 8, 2021, effective July 1, 2022.
17B A. R. S. Juv. Ct. Rules of Proc., Rule 407, AZ ST JUV CT Rule 407
State Court Rules are current with amendments received through November 15, 2023. The Code of Judicial Administration is current with amendments received through November 1, 2023.
End of Document