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Rule 113. Intervention

Arizona Revised Statutes AnnotatedRules of Procedure for the Juvenile CourtEffective: July 1, 2022

Arizona Revised Statutes Annotated
Rules of Procedure for the Juvenile Court (Refs & Annos)
Part I. General Provisions
Effective: July 1, 2022
17B A.R.S. Juv.Ct.Rules of Proc., Rule 113
Rule 113. Intervention
Currentness
(a) Generally.
(1) Of Right. The court must permit a person to intervene in any proceeding under Part III, Part IV, or Part V of these rules if the person has a right to intervene under ICWA or other law.
(2) Permissive. The court may permit a person to intervene in any proceeding under Part III, Part IV, or Part V of these rules after considering the factors in section (b).
(b) Factors. The court must determine whether intervention would be in the child's best interests. In making that determination, the court should consider the following factors:
(1) the nature and extent of the person's interest, and whether the person's interest or position is adequately represented by existing parties;
(2) whether the person is a child's relative as defined in A.R.S. § 8-501, or is another member of the child's extended family or person who has a significant relationship with a child under A.R.S. § 8-514(B);
(3) whether the person has requested DCS to be the placement for the child, and if so, the status of the request;
(4) whether the person seeks to file a motion for change of physical custody to that person;
(5) the timeliness of the motion;
(6) whether intervention will unduly prolong or delay the case;
(7) whether the parties seeking intervention will significantly contribute to full development of the underlying factual issues in the proceeding and to the just and equitable adjudication of the legal questions presented; and
(8) any other factors the court deems appropriate.
(c) Scope of Intervention. The court may grant intervention for a limited purpose, and it may limit the scope and duration of intervention. Unless the court expressly limits intervention, an order granting intervention permits the intervenor to participate on all issues as a party.
(d) Procedure.
(1) Requirements of a Motion. The person who requests to intervene must file a motion that specifies facts supporting the motion. The person moving to intervene must serve the motion on all parties.
(2) Motion for a Change of Physical Custody. If intervention is for purposes of filing a motion for change of physical custody, the intervenor must file and serve the motion no later than 10 days after entry of the order granting the motion to intervene.

Credits

Added Dec. 8, 2021, effective July 1, 2022.
17B A. R. S. Juv. Ct. Rules of Proc., Rule 113, AZ ST JUV CT Rule 113
State Court Rules are current with amendments received through August 15, 2024. The Code of Judicial Administration is current with amendments received through August 1, 2024.
End of Document