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Rule 40. Motion to Modify

Arizona Revised Statutes AnnotatedArizona Rules of Protective Order Procedure

Arizona Revised Statutes Annotated
Arizona Rules of Protective Order Procedure
Part IX. Motions to Modify or Dismiss
17B A.R.S. Rules Protect.Ord. Proc., Rule 40
Formerly cited as AZ ST RPOP Rule 7
Rule 40. Motion to Modify
(a) Request for Modification. A plaintiff may ask for modification of a protective order at any time during the term of the order.
(b) Verification of Identity. When a plaintiff files a motion to modify, court personnel must verify the plaintiff's identity.
(c) Modification Prior to Contested Hearing Request. If a contested hearing has not yet been requested or held, the judicial officer must personally interview the plaintiff and make sufficient inquiry of the plaintiff to determine that the plaintiff is not making the request under duress or coercion.
(d) Modification After Contested Hearing or Request for Contested Hearing. If a contested hearing has been requested or has occurred, the motion to modify must be set for hearing with notice to the defendant.
(e) Service and Registration of a Modified Order. The service and registration requirements applicable to the original protective order also apply to a modified protective order. See Part VI. Service and Registration.

Credits

Formerly Rule 7 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. Renumbered Rule 40 and amended Aug. 27, 2015, effective Jan. 1, 2016.
17B A. R. S. Rules Protective Order Proc., Rule 40, AZ ST RPOP Rule 40
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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