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Rule 83. Altering or Amending a Judgment

Arizona Revised Statutes AnnotatedRules of Family Law Procedure

Arizona Revised Statutes Annotated
Rules of Family Law Procedure (Refs & Annos)
Part X. Judgments and Decrees (Refs & Annos)
17B A.R.S. Rules Fam.Law Proc., Rule 83
Rule 83. Altering or Amending a Judgment
(a) Generally.
(1) Grounds for Altering or Amending a Judgment. The court may on its own or on motion alter or amend all or some of its rulings on any of the following grounds materially affecting a party's rights:
(A) the court did not properly consider or weigh all of the admitted evidence;
(B) any irregularity in the proceedings or abuse of discretion depriving the party of a fair trial;
(C) misconduct of the other party;
(D) accident or surprise that could not reasonably have been prevented;
(E) newly discovered material evidence that could not have been discovered and produced at the trial with reasonable diligence;
(F) error in the admission or rejection of evidence, or other errors of law at the trial or during the action;
(G) mistakenly overlooked or misapplied uncontested facts, including mathematical errors, which were necessary to the ruling; or
(H) the decision, findings of fact, or judgment is not supported by the evidence or is contrary to law.
(b) Court Action. The court may vacate the judgment if one has been entered, take additional testimony, amend findings of fact and conclusions of law or make new ones, and direct the entry of a new judgment. The relief, if granted, must be limited to the question or questions found to be error, if separable.
(c) Time to File a Motion; Scope; Response and Reply.
(1) Motion. A motion under this rule must be filed not later than 25 days after the entry of judgment under Rule 78(b) or (c). This deadline may not be extended by stipulation or court order, except as allowed by Rule 4(b)(2).
(2) Response. Within 15 days of the filing of a motion under this rule, the court must either summarily deny the motion or set a deadline for a response. The court may limit the scope of a response to specified issues. The court may not grant a motion without providing the non-moving party an opportunity to file a response. The response deadline will be 30 days after the entry of an order requiring a response.
(3) Contents of Response. The response must address any issues raised in the motion, unless limited by the court. The response must also address any issues that might arise if the motion is granted.
(4) Reply. The reply must be filed not later than 15 days after the filing of a response.
(d) Successive Motions. No party may file a motion to alter or amend an order granting or denying a motion under this rule.
(e) Motion after Service by Publication. When judgment has been rendered after service by publication, and the defaulted party has not appeared, the court may grant a motion made pursuant to this rule if the defaulted party--within one year after entry of judgment--files an application establishing good cause for granting the motion.
(f) Order Must Specify Grounds. Any order granting a motion made pursuant to this rule must specify with particularity the ground or grounds for the court's order.

Credits

Added Aug. 30, 2018, effective Jan. 1, 2019.

Editors' Notes

HISTORICAL NOTES
Former Rule 83, relating to motion for new trial or amended judgment, was abrogated Aug. 30, 2018, effective Jan. 1, 2019. See, now, this rule.
17B A. R. S. Rules Fam. Law Proc., Rule 83, AZ ST RFLP Rule 83
Current with amendments received through 11/1/18
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