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Rule 43.1. Filings, Pleadings, and Other Documents

Arizona Revised Statutes AnnotatedRules of Family Law ProcedureEffective: January 1, 2023 to December 31, 2023

Arizona Revised Statutes Annotated

Rules of Family Law Procedure (Refs & Annos)

Part IV. Service (Refs & Annos)

Effective: January 1, 2023 to December 31, 2023

17B A.R.S. Rules Fam.Law Proc., Rule 43.1

Rule 43.1. Filings, Pleadings, and Other Documents

Currentness

(a) Filing with the Court Defined. The filing of documents with the court is accomplished by filing them with the clerk. If a judge permits, a party may submit a document directly to a judge, who must transmit it to the clerk for filing and notify the clerk of the date of its receipt.

(b) Effective Date of Filing.

(1) Generally. Except for documents submitted directly to a judge under Rule 43.1(a), a document is deemed filed on the date the clerk receives and accepts it. If a document is filed electronically, it is deemed filed on the date and time the clerk receives it as is shown on the email notification from the court's electronic filing portal or as is displayed within the portal, unless a required filing fee is not paid, or the clerk later rejects the document based on a deficiency in the filing. If a filing is rejected because of a deficiency, the clerk must promptly provide the filing party with an explanation for the rejection.

(2) Documents Submitted Directly to a Judge. If a document is submitted directly to a judge under Rule 43.1(a) and is later transmitted to the clerk for filing, the document is deemed filed on the date the judge receives it.

(3) Late Filing Because of an Interruption in Service. If a person fails to meet a deadline for filing a document because of a failure in the document's electronic transmission or receipt, the person may file a motion asking the court to accept the document as timely filed. On a showing of good cause, the court may enter an order permitting the document to be deemed filed on the date that the person originally attempted to transmit the document electronically.

(4) Incarcerated Parties. If a party is incarcerated and another party contends that the incarcerated party did not timely file a document, the court must treat the document as filed on the date it was delivered to prison authorities to deposit in the mail.

(c) Limits on Access to Filed Documents. If prohibited by local rule or an administrative order by the presiding judge, the clerk must not disclose to the general public any pleading filed under Rule 23, any petition for order of protection, or any petition for injunction against harassment--or any document or evidence that is filed relating to those filings--until 45 days after the pleading or petition is filed. Notwithstanding this rule, the clerk must allow access to the documents by judicial officers, court and clerk's office personnel, the parties and their associated counsel of record, and any other person authorized by court order. The clerk may determine the manner in which such access is provided.

(d) Service with Filing and Documents Not to Be Filed.

(1) Filing and Service. After a petition's filing, if a document must be filed within a specified time, it must be both filed and served within that time.

(2) Documents Not to Be Filed. The following documents may not be filed separately and may be filed as attachments or exhibits to other documents only if relevant to the determination of an issue before the court:

(A) Subpoenas. Any praecipe used solely for issuance of a subpoena or subpoena duces tecum, any subpoena or subpoena duces tecum, and any affidavit of service of a subpoena, except for post-judgment proceedings;

(B) Discovery and Disclosure Documents. Notices of deposition; deposition transcripts; interrogatories and answers; disclosure statements; requests for production, inspection, or admission, and responses; requests for physical and mental examination; and notices of service of any discovery or discovery response, including notices of compliance with the provisions of Rules 49 or 91;

(D) Prior Filings. Any document that has been previously filed in the action, which may be called to the court's attention by incorporating it by reference; and

(E) Authorities Cited in Memoranda. Copies of authorities cited in memoranda, unless necessary to preserve the record on appeal.

(3) Attachments to the Assigned Judge. Except for proposed orders and proposed judgments, a party may attach copies of documents described in Rule 43.1(d)(2) to a copy of a motion, response, or reply delivered to the judge to whom the action has been assigned. Any such documents provided to the judge also must be provided to all other parties.

(4) Sanctions. If this rule is violated, the court may order removal of the offending document from the record and charge the offending party or counsel such costs or fees as may be necessary to cover the clerk's costs of filing, preservation, or storage. It may also impose any additional sanctions provided in Rule 71.

(e) Proposed Orders; Proposed Judgments.

(1) Service. Any proposed order or proposed judgment must be served on all parties at the same time it is submitted to the court.

(2) Filing. The clerk may not file a proposed order or proposed judgment. The clerk must accept electronically submitted proposed orders and proposed judgments; however, these electronically submitted documents must not be included in the publicly displayed court record.

(3) Exception. If directed by the court, required by rule, or done to preserve the record on appeal, a party may file an unsigned proposed order or proposed judgment as an attachment or exhibit to a notice of lodging or other filing.

(4) Format. A proposed order or proposed judgment must be prepared and submitted as a separate document and may not be included as a part of any other document. The proposed order or proposed judgment must have at least two lines of text above the signature.

(5) Stipulations and Motions; Proposed Forms of Order.

(A) All written stipulations must be accompanied by a proposed order. If the proposed order is signed and entered, no minute entry need issue.

(B) If a motion is accompanied by a proposed order, no minute entry need issue if the order is signed and entered.

(f) Sensitive Data.

(1) Definition. For the purposes of this rule, “sensitive data” means social security numbers, driver's license numbers, bank account numbers, credit card numbers, and other financial account and personal identifying numbers.

(2) Filing Sensitive Data.

(A) Generally. Before filing any document containing sensitive data, the person making the filing must omit or otherwise redact the sensitive data unless the court orders otherwise. References to the data may be made using only the last 4 digits of the identifying number. The responsibility for not including or redacting sensitive data rests solely with the person making a filing with the court. The clerk and the court are not required to review documents for compliance with this rule, or to seal or redact documents that contain sensitive data.

(B) Court-Requested Data.

(i) If the court specifically requests sensitive data from a party, the party must record the requested information on a separate sensitive data form that is substantially in the form set forth in Form 3, Rule 97 (“Confidential Sensitive Data Form”).

(ii) The clerk will maintain the form as a confidential record that is only available to the parties, the parties' attorneys, court personnel, and any other person or agency authorized by court order.

(iii) Unless the court orders otherwise, further written reference to sensitive data must be made by referring to a corresponding item number on the sensitive data form or other means, rather than inserting the actual data into a document that is filed with the court.

(iv) Whenever new information is needed to supplement the record in a case, the parties or their attorneys must file an updated sensitive data form that includes all previously disclosed sensitive data and any additional sensitive data required for the case.

(C) Exception. The provisions of Rule 43.1(f)(2)(A) and (B) do not pertain to orders or decrees, or to petitions and accompanying documents filed under the Uniform Interstate Family Support Act (UIFSA) as adopted by the State of Arizona.

(3) Income Withholding Orders and Orders to Stop Income Withholding Orders. Income withholding orders and orders to stop income withholding orders may contain sensitive data as required by law, but these orders are confidential and may be made available only to the parties, the parties' attorneys, the parties' employers, child support enforcement agencies, court personnel, and any other person or agency authorized by court order.

(4) Clerk's Authority. The clerk may maintain sensitive data forms, income withholding orders, and orders to stop income withholding orders, either in paper or electronic form. If these documents are maintained electronically, the clerk is authorized to destroy any paper versions.

(5) Requests for Relief. If a document containing sensitive information is filed with the court, any person may request a court order, or the court may order on its own, that the document be sealed or replaced with an identical document with the sensitive data redacted or removed.

(6) Sanctions. If this rule is violated, the court may impose sanctions against the responsible counsel or party to ensure future compliance.

(g) Confidential Records. The clerk may treat as confidential any Affidavit of Financial Information, including attachments to the Affidavit of Financial Information, as well as any medical, mental health, or behavioral health records, reports, or evaluations filed with the court.

(h) Notice of Completed Adoption. A notice of completed adoption (Juvenile Form 8), a motion to modify or terminate child support based on the adoption of a child, any response, or an associated minute entry or order terminating child support, must be treated as a confidential record.

Credits

Added Aug. 30, 2018, effective Jan. 1, 2019. Amended on an emergency basis Dec. 8, 2021, effective July 1, 2022, adopted on a permanent basis Aug. 29, 2022, effective Jan. 1, 2023.

17B A. R. S. Rules Fam. Law Proc., Rule 43.1, AZ ST RFLP Rule 43.1

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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