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Rule 25. Compliance and Order to Show Cause Hearings

Arizona Revised Statutes AnnotatedArizona Rules of Probate ProcedureEffective: January 1, 2020

Arizona Revised Statutes Annotated
Arizona Rules of Probate Procedure (Refs & Annos)
Part III. Subsequent Events and Actions
Effective: January 1, 2020
17B A.R.S. Rules Probate Proc., Rule 25
Rule 25. Compliance and Order to Show Cause Hearings
(a) Compliance Hearing.
(1) Definition. A “compliance hearing” is a court event to determine whether a party has complied with a court order.
(2) Setting of Compliance Hearing. The court may set a compliance hearing whenever the court determines such a hearing is appropriate.
(3) Notice of Compliance Hearing. The court must notify the parties of the date, time, and place of the compliance hearing, but it is not required to provide notice to an interested person unless the interested person has filed a demand for notice.
(4) Attendance at Compliance Hearing. Unless the court orders otherwise, only the person who was ordered to perform the task that is the subject of the compliance hearing, and that person's attorney, must appear at the compliance hearing.
(5) Evidence. The court may receive evidence to determine whether a person has complied with the court's order.
(b) Order to Show Cause Hearing.
(1) Definition. An “order to show cause hearing” is a court event to address a party's or a fiduciary's failure to discharge duties or obligations required by court order, court rule, or statute.
(2) Setting of Order to Show Cause Hearing. The court may set an order to show cause hearing on the filing of an application and affidavit that comply with Civil Rule 7.3, or on the court's initiative. The court must set a specific date, time, and place for the order to show cause hearing.
(3) Notice of Order to Show Cause Hearing. Notice of an order to show cause hearing must be served in accordance with Civil Rule 7.3.
(4) Evidence. The court may receive evidence at an order to show cause hearing.

Credits

Added Aug. 29, 2019, effective Jan. 1, 2020.
17B A. R. S. Rules Probate Proc., Rule 25, AZ ST PROB Rule 25
State Court Rules are current with amendments received through April 1, 2024. The Code of Judicial Administration is current with amendments received through April 1, 2024.
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