Rule 12. Court Interviews of Children
Arizona Revised Statutes AnnotatedRules of Family Law ProcedureEffective: January 1, 2022
Effective: January 1, 2022
17B A.R.S. Rules Fam.Law Proc., Rule 12
Rule 12. Court Interviews of Children
(b) Definition of “Court.” As used in this rule, “court” includes any Conciliation Services department, agency, or other third-party professional ordered by the assigned judge to conduct a child interview under A.R.S, § 25-405 or these rules. This definition excludes court-appointed advisors under Rule 10.1 and experts hired by the parties.
(1) Generally. Unless the parties stipulate otherwise on the record or in writing, the court must record the interview, either by having a certified reporter transcribe it or by recording it through a retrievable and perceivable electronic medium. However, any interview conducted by a judicial officer must be recorded.
(3) Availability to the Parties. The parties may stipulate that the court not provide them with a record of the interview. If a party makes a request for recording, the court must make the record available to the parties not later than 14 days before the hearing at which the court will consider the interview, unless the court finds good cause for a different deadline.
(1) General Conduct of the Interview. In conducting an in camera interview with a child, the court must take special care to protect the child from embarrassment and must not repeat questions unnecessarily. The court also must take special care to state questions in a form appropriate to the child's age and intellectual capacity.
Credits
Added Aug. 30, 2018, effective Jan. 1, 2019. Amended on an emergency basis, effective Sept. 30, 2021, adopted on a permanent basis effective Jan. 1, 2022.
17B A. R. S. Rules Fam. Law Proc., Rule 12, AZ ST RFLP Rule 12
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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