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Rule 23. Pleadings: Petition and Response

Arizona Revised Statutes AnnotatedRules of Family Law Procedure

Arizona Revised Statutes Annotated
Rules of Family Law Procedure (Refs & Annos)
Part II. Pleadings and Motions (Refs & Annos)
17B A.R.S. Rules Fam.Law Proc., Rule 23
Formerly cited as AZ ST RFLP Rule 24
Rule 23. Pleadings: Petition and Response
Currentness
(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
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.
End of Document