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Rule 23. Pleadings: Petition and Response

Arizona Revised Statutes AnnotatedRules of Family Law ProcedureEffective: September 1, 2019

Arizona Revised Statutes Annotated
Rules of Family Law Procedure (Refs & Annos)
Part II. Pleadings and Motions (Refs & Annos)
Effective: September 1, 2019
17B A.R.S. Rules Fam.Law Proc., Rule 23
Formerly cited as AZ ST RFLP Rule 24
Rule 23. Pleadings: Petition and Response
(a) Petition. A “petition” is the initial pleading that begins a family law case or a post-decree matter. A party begins an action by filing a verified petition seeking:
(1) annulment (A.R.S. § 25-301);
(2) dissolution of a marriage (A.R.S. § 25-312);
(3) legal separation (A.R.S. § 25-313);
(4) dissolution of a covenant marriage (A.R.S. § 25-903);
(5) legal separation in a covenant marriage (A.R.S. § 25-904);
(6) to establish paternity or maternity (A.R.S. § 25-806);
(7) to establish legal decision-making or parenting time (A.R.S. §§ 25-403, -803(C), and -1001 et seq.);
(8) third party rights (A.R.S. § 25-409);
(9) to enforce, register, or modify legal decision-making or parenting time (A.R.S. §§ 25-403, -411, and -1001 et seq.);
(10) to establish, enforce, register or modify support (A.R.S. §§ 25-320, -503, -1201 et seq.); or
(11) relief otherwise authorized by statute.
(b) Summons and Order to Appear.
(1) Summons. A petition under subparts (a)(1 through 7) must be served with a summons, as described in Rule 40. A petition in a new action under subpart (a)(8) also must be served with a summons; but see subpart (b)(2) below for an existing action under subpart (a)(8).
(2) Order to Appear. A petition under subparts (a)(9 through 11), or in sections (c), (d), and (e), must be served with an order to appear, as described in Rule 25(f). A petition in an existing action under subpart (a)(8) also must be served with an order to appear.
(c) Notice of Filing a Foreign Judgment.
(1) A party may file a foreign judgment or decree pertaining to the disposition of marital property or debt under A.R.S. §§ 12-1701 to -1708.
(2) A party may begin an action for disposition of property (A.R.S. § 25-318(A)) or maintenance (A.R.S. § 25-319(A)) under a foreign court's decree by filing the foreign judgment under A.R.S. §§ 12-1701 to -1708. Once the party has filed the foreign judgment, the party may file a petition for an order to appear specifying the relief sought.
(d) Voluntary Acknowledgment of Paternity. A party seeking to voluntarily acknowledge paternity may file any of the documents listed in A.R.S. § 25-812.
(e) Appearance of Parties and Child; Warrant to Take Physical Custody of a Child. A party may request a court order under A.R.S. § 25-1040 for the appearance of parties and children or may request the court under A.R.S. § 25-1061 to issue a warrant to take physical custody of a child.
(f) Response. A response is a document that substantially answers a petition.
(1) Required Response. A party who is served with a petition described in subparts (a)(1 through 7) must file a response. A party is also required to file a response in a new action to establish third-party rights under subpart (a)(8). If a party does not file a response, the petitioner has the right to request a default and obtain a default judgment against that party.
(2) Permissive Response. A party who is served with a petition described in subparts (a)(9 through 11), an existing action under subpart (a)(8), and sections (c), (d), or (e) may file a response.

Credits

Added Aug. 30, 2018, effective Jan. 1, 2019.
17B A. R. S. Rules Fam. Law Proc., Rule 23, AZ ST RFLP Rule 23
Current with amendments received through 08/15/2020.
End of Document© 2020 Thomson Reuters. No claim to original U.S. Government Works.