Home Table of Contents

Rule 3. Definitions

Arizona Revised Statutes AnnotatedRules of Family Law ProcedureEffective: January 1, 2022

Arizona Revised Statutes Annotated
Rules of Family Law Procedure (Refs & Annos)
Part I. General Administration (Refs & Annos)
Effective: January 1, 2022
17B A.R.S. Rules Fam.Law Proc., Rule 3
Rule 3. Definitions
(a) Adult in Need of Protection. “Adult in need of protection” means a person 18 years of age or older for whom the court could appoint, or has appointed, a conservator or enter another protective order under A.R.S. § 14-5401(A)(2).
(b) Conservator. “Conservator” is defined in A.R.S. § 14-1201.
(c) Guardian. A “guardian” is a person appointed under Titles 8 or 14 of the Arizona Revised Statutes. Guardian is defined in order to distinguish a guardian from a guardian ad litem or best interests attorney.
(d) In Camera Review. “In camera” means a judicial officer's review of a document that occurs in chambers and not in open court. If the court orders that a document be reviewed in camera, the party who possesses the document must submit it directly to the judicial officer without disclosing it to the other party. The judicial officer must then privately review the document and determine whether it should be disclosed under the applicable law and rules.
(e) Incapacitated Person. “Incapacitated person” is defined in A.R.S. § 14-5101.
(f) Party. A “party” is an individual, or a private or public entity, designated in a pleading as a petitioner, respondent, or third party. The State of Arizona may be designated as a party.
(1) A “petitioner” is the person or entity that files the first petition.
(2) A “respondent” is any opposing party other than the petitioner.
(3) The petitioner and respondent are referred to by those designations in all later filings in the same case, including motions and post-decree or post-judgment petitions.
(g) Pleading. A “pleading” is a document filed under Rules 23(a), 23(c), 23(f), 28, or 33.
(h) Sealing. “Sealing” is an action taken by the clerk to restrict access to a record under Rule 17.
(i) Title IV-D. “Title IV-D” means Title IV-D of the Social Security Act, 42 U.S.C. §§ 651 et seq., which is administered in Arizona by the Division of Child Support Services (DCSS) of the Arizona Department of Economic Security.
(i) Witness. A “witness” is a person whose testimony under oath or affirmation is offered as evidence for any purpose, whether by oral examination, deposition, or affidavit.

Credits

Added Aug. 30, 2018, effective Jan. 1, 2019. Amended on an emergency basis Aug. 30, 2021, effective Sept. 29, 2021, adopted on a permanent basis effective Jan. 1, 2022.
17B A. R. S. Rules Fam. Law Proc., Rule 3, AZ ST RFLP Rule 3
State Court Rules are current with amendments received and effective through 7/1/22. The Code of Judicial Administration is current with amendments received through 7/1/22.
End of Document