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Rule 41. Motion to Dismiss

Arizona Revised Statutes AnnotatedArizona Rules of Protective Order Procedure

Arizona Revised Statutes Annotated
Arizona Rules of Protective Order Procedure
Part IX. Motions to Modify or Dismiss
17B A.R.S. Rules Protect.Ord. Proc., Rule 41
Formerly cited as AZ ST RPOP Rule 7
Rule 41. Motion to Dismiss
Currentness
(a) Request for Dismissal. A plaintiff may request the dismissal of a protective order at any time during the term of the order.
(b) Verification of Identity. When a plaintiff files a motion to dismiss, court personnel must verify the plaintiff's identity.
(c) Personal Interview. The judicial officer must personally interview the plaintiff and make sufficient inquiry of the plaintiff to determine that the plaintiff is not making the request under duress or coercion.
(d) Request with Defendant Present. If the plaintiff and the defendant appear jointly on a motion to dismiss, the judicial officer may interview the plaintiff separately only if the defendant has been served but has not requested a hearing.
(e) Request with Defendant Absent. If the plaintiff requests dismissal of an order and the defendant is not present, the judicial officer may act without notice to the defendant.

Credits

Formerly Rule 7 in part, added Sept. 5, 2007, effective Jan. 1, 2008. Amended Sept. 16, 2008, effective Sept. 26, 2008. Adopted on a permanent basis effective Sept. 3, 2009. Renumbered Rule 41 and amended Aug. 27, 2015, effective Jan. 1, 2016.
17B A. R. S. Rules Protective Order Proc., Rule 41, AZ ST RPOP Rule 41
State Court Rules are current with amendments received through April 1, 2024. The Code of Judicial Administration is current with amendments received through April 1, 2024.
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