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Rule 71. Sanctions

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

Arizona Revised Statutes Annotated
Rules of Family Law Procedure (Refs & Annos)
Part VIII. Settlement and Alternative Dispute Resolution (“ADR”) (Refs & Annos)
Effective: September 1, 2019
17B A.R.S. Rules Fam.Law Proc., Rule 71
Rule 71. Sanctions
(a) Sanctions.
(1) Generally. The court may impose a sanction if a party or attorney fails to comply with these rules.
(2) Available Sanctions. On a party's motion or on its own, the court may enter appropriate orders concerning such conduct unless the noncompliant party or attorney shows good cause. An order may, among other things:
(A) refuse to allow the party to support or oppose a designated claim or defense;
(B) prohibit a party from introducing designated matters in evidence;
(C) stay further proceedings until the party or attorney obeys a previous order;
(D) dismiss a claim;
(E) find the party or attorney in contempt of court; or
(F) enter a default judgment against the disobedient party.
(b) Fees and Costs.
(1) Reasonable Expenses. Instead of or in addition to another sanction, the court may require a noncompliant party or attorney, or both, to pay reasonable expenses incurred by the opposing party because of the noncompliance. Reasonable expenses may include attorney fees and costs.
(2) Assessment to the Clerk. Instead of or in addition to an order to pay another party's reasonable expenses, the court may order the noncompliant party or attorney, or both, to pay an assessment to the clerk.
(3) Limitation. The court may not order the payment of reasonable expenses or an assessment if it finds that a party's or attorney's noncompliance was substantially justified, or that other circumstances make an award of expenses or an assessment unjust.

Credits

Added Aug. 30, 2018, effective Jan. 1, 2019.
17B A. R. S. Rules Fam. Law Proc., Rule 71, AZ ST RFLP Rule 71
Current with amendments received through 08/15/2020.
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