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Rule 5. Consolidation

Arizona Revised Statutes AnnotatedRules of Family Law Procedure

Arizona Revised Statutes Annotated
Rules of Family Law Procedure (Refs & Annos)
Part I. General Administration (Refs & Annos)
17B A.R.S. Rules Fam.Law Proc., Rule 5
Rule 5. Consolidation
Currentness
(a) Scope of Consolidation.
(1) Generally. If pending cases involve a common child, common parties, or a common question of law or fact, the court may order a joint hearing or trial of any or all the matters at issue, or it may consolidate the cases.
(2) Assigned Judge. The judge assigned to the first-filed case will hear a motion to consolidate.
(3) Other Orders. The court may enter orders under this rule to avoid unnecessary costs or delay or to serve the best interest of a minor child.
(4) Orders of Protection. The court may not consolidate a case involving an order of protection with a family law case but may conduct a joint hearing.
(b) Lowest Case Number. If the court consolidates two or more cases, the first-filed case number will be the controlling case number, and the clerk must file all further filings under that number only. Unless the court orders otherwise, consolidation is for all purposes and not only for conducting a hearing or trial.
(c) Duplicate Pleadings. If the court consolidates cases in which a party in one case has filed a petition that substantially responds to an opposing party's petition in another case, the party's petition will be treated as a response to the opposing party's petition, unless the court orders a further response.

Credits

Added Aug. 30, 2018, effective Jan. 1, 2019.
17B A. R. S. Rules Fam. Law Proc., Rule 5, AZ ST RFLP Rule 5
State Court Rules are current with amendments received and effective through September 15, 2023. The Code of Judicial Administration is current with amendments received through September 15, 2023.
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