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Rule 19. Motions and Oral Argument

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

Arizona Revised Statutes Annotated
Arizona Rules of Probate Procedure (Refs & Annos)
Part III. Subsequent Events and Actions
Effective: January 1, 2020
17B A.R.S. Rules Probate Proc., Rule 19
Formerly cited as AZ ST PROB Rule 18; AZ ST PROB Rule 13(A); AZ ST PROB Rule 13(D)
Rule 19. Motions and Oral Argument
(a) Definition.
(1) “Motion” is a request made by a party to a judicial officer that seeks procedural rather than substantive relief.
(2) “Oral argument” is an event at which the parties argue their positions in support of, or in opposition to, a motion.
(b) Copy to the Assigned Judicial Officer. When filing a motion, response, or reply, the filing party must provide a copy of the filed document to the assigned judicial officer.
(c) Rulings on Motions. Unless required by the Civil Rules, a judicial officer may rule on a motion without a hearing or oral argument.
(d) Setting Oral Argument. The court may set oral argument if requested by a party, or on the court's own motion.
(e) Notice of Oral Argument. The court must notify the parties of the date, time, and place of an oral argument, but it is not required to provide notice to an interested person unless the interested person has filed a demand for notice.
(f) Attendance at Oral Argument. Parties must attend the oral argument unless the court orders otherwise.
(g) Evidence. Evidence that was not submitted with a motion, response, or reply, or live testimony of witnesses, may not be presented at an oral argument.
(h) Accelerated Ruling on Motion. If a party requests an accelerated ruling on a motion, the motion must contain the words “Accelerated Ruling Requested” below its title. The motion must describe the legal authority and factual circumstances supporting the request for an accelerated ruling. The court may summarily grant or deny the request.
(i) Ex Parte Motion. Any motion that seeks relief without prior notice to interested persons must contain the words “ex parte” in its title. The moving party must state in the motion the legal authority and factual circumstances supporting the ex parte request.

Credits

Added Aug. 29, 2019, effective Jan. 1, 2020.
17B A. R. S. Rules Probate Proc., Rule 19, AZ ST PROB Rule 19
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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