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Rule 69. Binding Agreements; Presumption of Validity

Arizona Revised Statutes AnnotatedRules of Family Law Procedure

Arizona Revised Statutes Annotated
Rules of Family Law Procedure (Refs & Annos)
VIII. Settlement and Alternative Dispute Resolution (ADR) (Refs & Annos)
17B A.R.S. Rules Fam.Law Proc., Rule 69
Rule 69. Binding Agreements; Presumption of Validity
A. An Agreement between the parties shall be valid and binding if
1. the agreement is in writing, or
2. the terms of the agreement are set forth on the record before a judge, commissioner, judge pro tempore, court reporter, or other person authorized by local rule or Administrative Order to accept such agreements, or
3. the terms of the agreement are set forth on any audio recording device before a mediator or settlement conference officer appointed by the court pursuant to Rule 67.
B. Any agreement entered into by the parties under this rule shall be presumed to be valid and binding, and it shall be the burden of the party challenging the validity of the agreement to prove any defect in the agreement, except that nothing herein shall preclude the court from exercising its independent discretion pursuant to A.R.S. § 25-317. Pursuant to A.R.S. § 25-324, the court may award a party the cost and expenses of maintaining or defending a proceeding to challenge the validity of an agreement made in accordance with this rule.

Credits

Added Oct. 19, 2005, effective Jan. 1, 2006. Amended Sept. 2, 2010, effective Jan. 1, 2011.

Editors' Notes

COMMITTEE COMMENT [AMENDED EFFECTIVE JANUARY 1, 2009]
Arizona Constitution, Article 6, § 30 designates the superior court as a court of record. A proceeding or agreement is “on the record” if it is conducted or memorialized by a court reporter in accordance with A.R.S. § 12-221 to 12-225, or if recorded by any recording device authorized by law. A.R.S. § 38-424 currently authorizes the use of “tape recorders or other recording devices in lieu of reporters or stenographers.” This rule also contemplates that the parties may reach binding agreements at the time a deposition is conducted if both parties are present or represented by counsel, and the agreement is recited on the record. This rule is adapted from Rule 80(d), Arizona Rules of Civil Procedure.
17B A. R. S. Rules Fam. Law Proc., Rule 69, AZ ST RFLP Rule 69
The Arizona Court Rules are current with amendments received through 8/1/18. The Code of Judicial Administration is current with amendments received through 4/15/18.
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