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Rule 504. Proceedings After Service of the Petition

Arizona Revised Statutes AnnotatedRules of Procedure for the Juvenile CourtEffective: July 1, 2022

Arizona Revised Statutes Annotated
Rules of Procedure for the Juvenile Court (Refs & Annos)
Part V. Emancipation (Refs & Annos)
Effective: July 1, 2022
17B A.R.S. Juv.Ct.Rules of Proc., Rule 504
Formerly cited as AZ ST JUV CT Rule 97; ‚ÄČAZ ST JUV CT Rule 98; ‚ÄČAZ ST JUV CT Rule 99
Rule 504. Proceedings After Service of the Petition
(a) Responses and Objections. The petitioner's parent or guardian may file a written response or objection to the petition for emancipation. An objection to the petition for emancipation must state specifically why the petition for emancipation is inaccurate or should be denied. The parent or guardian must mail or deliver a copy of the response or objection to the petitioner.
(b) Disclosure.
(1) Duty to Disclose Witnesses and Exhibits. Unless otherwise ordered by the court, each party must disclose in writing to other parties and the court no later than 20 days before the emancipation hearing the following information:
(A) a list of witnesses the party intends to call at the emancipation hearing, including the names, addresses, and telephone numbers of each witness, and a description of the substance of the witness's expected testimony. The disclosure must identify witnesses whose testimony will be in the form of a deposition, and
(B) a list and copies of all exhibits the party intends to use at the emancipation hearing.
(2) Exclusion. The court may exclude witness testimony or an exhibit if the witness or exhibit was not timely disclosed, except in rebuttal or for good cause.
(c) Objection. A party who objects to the admission of an exhibit must file a notice of objection that states the specific grounds for each objection, and provide a copy of the notice to all parties and the court no later than 10 days after receipt of the disclosure statement. The court may rule on objections at any time before the emancipation hearing.
(d) Discovery. The court may permit discovery only for good cause.
(e) Attendance.
(1) Petitioner. The petitioner must personally appear in court for all proceedings unless the court directs otherwise. If the petitioner had notice of the date, time, and place of a hearing, the petitioner's absence may be deemed voluntary and the court may proceed and make findings or enter further orders, including dismissal of the petition.
(2) Parent or Guardian. The petitioner's parent or guardian may attend any hearing, but if the parent or guardian has filed an objection to the emancipation they must appear personally or through counsel for all court proceedings, unless the court directs otherwise. If a parent or guardian had notice of the date, time, and place of a hearing, a parent or guardian's absence may be deemed voluntary and the court may proceed to make findings or enter further orders.
(f) Alternative Dispute Resolution.
(1) At any time before the emancipation hearing, the court may stay the proceedings and refer the parties to mediation or other alternative dispute resolution.
(2) If the petitioner's parent or guardian objects to the petition for emancipation, the court must stay further proceedings and refer the matter to mediation or alternative dispute resolution, unless the court reasonably believes that mediation would not be in the petitioner's best interests. The court may consider:
(A) whether the petitioner's parent or guardian has been found to have committed abuse, neglect, or abandonment;
(B) whether the petitioner's parent or guardian is named as a perpetrator of abuse, neglect, or abandonment in the DCS central registry; and
(C) any other relevant information.
(3) If an agreement is reached through mediation or alternative dispute resolution, the agreement must be signed by all parties and submitted to the court for approval.
(4) If an agreement is not reached through mediation or alternative dispute resolution, the court must reset and conduct the emancipation hearing.

Credits

Added Dec. 8, 2021, effective July 1, 2022.
17B A. R. S. Juv. Ct. Rules of Proc., Rule 504, AZ ST JUV CT Rule 504
State Court Rules are current with amendments received through November 15, 2023. The Code of Judicial Administration is current with amendments received through November 1, 2023.
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