Rule 28. Amended and Supplemental Pleadings
Arizona Revised Statutes AnnotatedRules of Family Law Procedure
17B A.R.S. Rules Fam.Law Proc., Rule 28
Formerly cited as AZ ST RFLP Rule 34
Rule 28. Amended and Supplemental Pleadings
(3) Proposed Pleading as an Exhibit. A party moving for leave to amend a pleading must attach a copy of the proposed amended pleading as an exhibit to the motion. The exhibit must show how the proposed pleading differs from the existing pleading by bracketing or striking through the text to be deleted and underlining the text to be added.
(4) Filing and Response. If a motion for leave to amend is granted, the moving party must file and serve the amended pleading within 10 days after the entry of the order granting the motion, unless the court orders otherwise. An opposing party must respond to an amended pleading, if a response is required, within the time remaining for response to the original pleading or within 10 days after the amended pleading is served, whichever is later, unless the court orders otherwise.
(2) For Issues Tried by Consent. When an issue not raised by the pleadings is introduced at trial by the parties' express or implied consent, it must be treated in all respects as if it had been raised in the pleadings. A party may request, at any time, to amend the pleadings to conform to the evidence. Failure to amend does not affect the result of the trial of that issue.
(d) Supplemental Pleadings. On motion and reasonable notice, the court may permit a party to file a supplemental pleading setting forth any transaction, occurrence, or event that happened after the date of the pleading to be supplemented. A court may permit supplementation even though the original pleading is defective in stating a claim for relief or defense. The court may order the opposing party to answer or otherwise respond to the supplemental pleading within a specified time.
Credits
Added Aug. 30, 2018, effective Jan. 1, 2019.
17B A. R. S. Rules Fam. Law Proc., Rule 28, AZ ST RFLP Rule 28
State Court Rules are current with amendments received and effective through September 15, 2023. The Code of Judicial Administration is current with amendments received through September 15, 2023.
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