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Rule 4. Computing and Extending Time

Arizona Revised Statutes AnnotatedRules of Family Law Procedure

Arizona Revised Statutes Annotated
Rules of Family Law Procedure (Refs & Annos)
Part I. General Administration (Refs & Annos)
17B A.R.S. Rules Fam.Law Proc., Rule 4
Rule 4. Computing and Extending Time
Currentness
(a) Computing Time. The following rules apply in computing any time period specified in these rules or in any local rule, court order, or statute:
(1) Day of the Event Excluded. Exclude the day of the act, event, or default that begins the period.
(2) Exclusions if the Deadline Is Less Than 11 Days. Exclude intermediate Saturdays, Sundays, and legal holidays if the period is less than 11 days.
(3) Last Day. Include the last day of the period unless it is a Saturday, Sunday, or legal holiday. When the last day is excluded, the period runs until the next day that is not a Saturday, Sunday, or legal holiday.
(b) Extending Time.
(1) Generally. When an act may or must be done within a specified time, the court may, for good cause, extend the time:
(A) with or without motion or notice if the court acts, or the request is made, before the original time or its extension expires; or
(B) on motion made after the time has expired if the party failed to act because of excusable neglect.
(2) Exceptions. The court may not extend the time to act under Rules 83 or 85 unless otherwise allowed by those rules, or:
(A) the court finds that the moving party was entitled to notice of the entry of judgment or the order, but did not receive notice from the clerk or any party within 21 days after its entry;
(B) the moving party files the motion within 30 days after the specified time to act expires under these rules or within 7 days after the party received notice of the entry of the judgment or order triggering the time to act under these rules, whichever is earlier; and
(C) the court finds that no party would be prejudiced by extending the time to act.
(c) Additional Time After Service Under Rule 43(b)(2)(C) or (D). When a party may or must act within a specified time after service and service is made under Rule 43(b)(2)(C) or (D), 5 calendar days are added after the specified period would otherwise expire under Rule 4(a). This rule does not apply to the clerk's distribution of notices--including notice of entry of judgment under Rule 78(h)--minute entries, or other court-generated documents.
(d) Minute Entries and Other Court-Generated Documents. Notices, minute entries, and other court-generated documents are entered on the date they are filed by the clerk. Unless the court orders otherwise, if an order states that an act may or must be done within a specified time after the order is entered, the date the order is filed is “the day of the act, event or default” under Rule 4(a)(1).

Credits

Added Aug. 30, 2018, effective Jan. 1, 2019.
17B A. R. S. Rules Fam. Law Proc., Rule 4, AZ ST RFLP Rule 4
State Court Rules are current with amendments received and effective through March 15, 2023. The Code of Judicial Administration is current with amendments received through March 15, 2023.
End of Document