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Rule 26. Proposed Orders, Decrees, and Judgments

Arizona Revised Statutes AnnotatedArizona Rules of Probate ProcedureEffective: January 1, 2020

Arizona Revised Statutes Annotated
Arizona Rules of Probate Procedure (Refs & Annos)
Part III. Subsequent Events and Actions
Effective: January 1, 2020
17B A.R.S. Rules Probate Proc., Rule 26
Formerly cited as AZ ST PROB Rule 15
Rule 26. Proposed Orders, Decrees, and Judgments
(a) Definitions. A “proposed order” means any order, decree, or judgment that has not been signed by a judicial officer.
(b) Generally. This rule rather than Civil Rule 5.1(d) applies to the submission of proposed orders.
(c) Form of Proposed Order. A proposed order must comply with the requirements of Civil Rule 5.2. On the signature page, there must be at least two lines of text above the signature line. A proposed order ruling on a petition must state the hearing date on that petition immediately below the order's title.
(d) Time to Submit. A proposed order must be submitted to the assigned judicial officer at least 5 court days before the hearing.
(e) Service and Filing.
(1) A proposed order must be served on all parties when it is submitted to the court.
(2) A party must lodge a proposed order when directed by the court or required by rule and may file it under subpart (e)(3) only to preserve the record on appeal.
(3) A party may file a proposed order only as an attachment or exhibit to a filing. The clerk may not file a proposed order unless it is an attachment or an exhibit.
(f) Duty to Provide Copies and Envelopes. Unless the court orders otherwise, the party submitting the proposed order must include with it copies to be conformed and postage-paid envelopes addressed to each party who has entered an appearance in the case.
(g) Stipulations and Motions; Proposed Forms of Order.
(1) Stipulations. All written stipulations must be accompanied by a proposed order. If the proposed order is signed and entered, no minute entry need issue.
(2) Motions. If a motion is accompanied by a proposed order, no minute entry need issue if the order is signed and entered.

Credits

Added Aug. 29, 2019, effective Jan. 1, 2020.
17B A. R. S. Rules Probate Proc., Rule 26, AZ ST PROB Rule 26
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.
End of Document