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Rule 28. Conflicting Orders

Arizona Revised Statutes AnnotatedArizona Rules of Protective Order Procedure

Arizona Revised Statutes Annotated
Arizona Rules of Protective Order Procedure
Part V. Issuance of Protective Orders
17B A.R.S. Rules Protect.Ord. Proc., Rule 28
Formerly cited as AZ ST RPOP Rule 1
Rule 28. Conflicting Orders
(a) Effectiveness of Conflicting Orders. When two parties have obtained conflicting protective orders, both orders must be given full force and effect, regardless of whether the orders were issued by courts of limited or general jurisdiction.
(b) Hearing on Conflicting Orders. If two judicial officers have issued protective orders that involve the same parties and grant conflicting relief, the orders must be set for hearing within five court business days after discovery of the conflict. The judicial officers who issued the conflicting orders must consult with each other and assign the cases to one jurisdiction to resolve the parts that conflict. Between two limited jurisdiction orders, it is presumed that the court where the first petition was filed will conduct the hearings to resolve the conflicting orders. In all other cases, the conflicting orders must be heard in superior court. See A.R.S. ยง 13-3602(H).

Credits

Formerly Rule 1 in part, added Sept. 5, 2007, effective Jan. 1, 2008. Amended Sept. 16, 2008, effective Sept. 26, 2008. Adopted on a permanent basis effective Sept. 3, 2009. Amended Aug. 30, 2012, effective Jan. 1, 2013. Renumbered Rule 28 and amended Aug. 27, 2015, effective Jan. 1, 2016.
17B A. R. S. Rules Protective Order Proc., Rule 28, AZ ST RPOP Rule 28
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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