Rule 47. Motions for Temporary Orders
Arizona Revised Statutes AnnotatedRules of Family Law ProcedureEffective: September 1, 2019
Effective: September 1, 2019
17B A.R.S. Rules Fam.Law Proc., Rule 47
Rule 47. Motions for Temporary Orders
(a) Motions for Pre-Decree Temporary Orders. A party seeking temporary orders for legal decision-making, parenting time, child support, or spousal maintenance, or concerning property, debt, or attorney fees, must file a separate verified motion that states the motion's legal and jurisdictional basis and the specific relief requested. The motion must be filed either after or concurrently with the initial petition. The motion must include the following information and documentation, if relevant:
(1) For Legal Decision-Making and Parenting Time. A motion requesting temporary legal decision-making or parenting time must specify the court's authority to proceed under A.R.S. § 25-402 and must include a proposed parenting plan that specifically states the legal decision-making or parenting time for both parties.
(2) For Child Support. A motion requesting temporary child support must include a completed Child Support Worksheet that specifies the amount requested in accordance with the current Arizona Child Support Guidelines. The motion must include an affidavit substantially in the form set forth in Form 2, Rule 97 (“Affidavit of Financial Information”).
(4) For Property, Debt, and Attorney Fees. A motion requesting a temporary order to exclude a party from a residence, to divide community property, or to order payment of debt, expenses, or attorney fees, must state the specific relief requested, the proposed division of property, the responsibility that each party would have to pay debts and expenses, and the income and assets that would be available to each party if the motion is granted. A motion for a temporary order requesting payment of attorney fees must state the specific amount of fees requested and must include an Affidavit of Financial Information.
(b) Order to Appear. Unless a local rule establishes a different procedure, the moving party must provide the assigned judicial officer with the original and one copy of an order to appear substantially in the form set forth in Form 13, Rule 97 (“Order to Appear”). The clerk will file the original Order to Appear when the assigned judicial officer signs it.
(1) Generally. Upon receiving a motion for temporary orders and the required supporting documents, the court must schedule a resolution management conference. No evidence will be taken at a resolution management conference unless the parties agree. The purpose of a resolution management conference is to facilitate agreements between the parties that permit the entry of temporary orders at the conclusion of the conference. If, at the conclusion of the resolution management conference, issues remain that require an evidentiary hearing concerning temporary orders, the court must schedule an evidentiary hearing on those issues. If the court finds that the circumstances of a specific case demonstrate that a resolution management conference would not serve the interests of efficiency, it may schedule an evidentiary hearing on temporary orders instead of a resolution management conference. The court must set the conference or hearing on a date not later than 30 days after the motion is filed.
(d) Service. The moving party must serve all parties under Rules 40(f)(1) or 41, as applicable, with the documents described in sections (a) and (b) of this rule. The moving party must make good faith efforts to complete service promptly and, absent good cause, must complete service within 5 days after receipt of the issued order to appear and not later than 14 days before the date set in the order.
(1) Meet and Confer. At least 3 days before any conference or evidentiary hearing set by the court under section (c), the parties and counsel must meet and confer. If the matter is set for a resolution management conference, the parties must submit a resolution statement substantially in the form set forth in Form 4 or 5, as applicable, Rule 97, not later than 3 days before the date set for the conference or hearing.
(2) Exchange of Exhibits and Witness Lists Before an Evidentiary Hearing. Not later than 3 days before the date set for an evidentiary hearing, the parties must exchange any exhibits they will offer at the hearing, unless otherwise ordered by the court. Each party must provide to the other party a list of the names, addresses, and telephone numbers of all witnesses who may testify at the hearing, and the subject of their anticipated testimony.
(3) Exception. If there is a current court order prohibiting contact between the parties, or there is a history of domestic violence between the parties, the parties are not required to personally meet, confer, or contact each other before the conference or hearing, or otherwise violate an existing protective order. However, if a party is represented by counsel, then counsel must take reasonable steps under the circumstances to resolve as many issues as possible.
(h) Request for Expedited Hearing. If a party requests an expedited hearing, the caption of the motion must include the words, “Expedited Hearing Requested.” The motion must specify facts necessitating an expedited hearing. The court may consider and decide a request for an expedited hearing without waiting for a response or holding oral argument.
(1) When Enforceable. Temporary orders signed by the court and filed by the clerk are enforceable as final orders but terminate and are unenforceable upon dismissal of the action, or following entry of a final decree, judgment, or order, unless that final decree, judgment, or order provides otherwise.
Added Aug. 30, 2018, effective Jan. 1, 2019.
17B A. R. S. Rules Fam. Law Proc., Rule 47, AZ ST RFLP Rule 47
Current with amendments received through 08/15/2020.
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