2009 Amendments to Family Law Rules Are Approved

by Annette Burns on September 22, 2008

The Arizona Supreme Court issued an Order (R-07-0010) on September 8, 2008 approving amendments to some Family Law Rules effective January 1, 2009.    Supreme Court Order 9-8-2008   The Amendments make clarifications and add new information to some Rules.  A synopsis of the overall changes will be posted here soon.   Meanwhile, here's a sampler of some changes:

Rule 3(B)(1). New definition "guardian"; and addition to the Comment to this Section.

Rule 6.  Clarification on when a change of judge is permitted.

Rule 10(I).  New Subsection clarifies that a guardian shall be appointed only pursuant to Title 14.

Rule 13D.  New Subsection about sealing cases or records.

Rule 34(A)(2).  New requirements for filing an Amended Petition, with the specific changes indicated.

Rule 35D.  Motions for Reconsideration must be filed within 30 days of the ruling being filed.

Rule 43(G)(2).   "Sensitive data" definition is expanded.

Rule 49. Disclosure requirements are substantially expanded and now include custody/ parenting time disclosure.    Rule 49(E)(3) includes a revised list of specifics about disclosure for retirement and deferred compensation assets.  This list was prepared by QDRO experts who know what information they are really looking for.

Rule 72L.  This is a new section to the Special Master Rule which has specific provisions for the appointment of a  Special Master to resolve retirement and deferred compensation issues, and to have the QDRO prepared and issued.   This section was also written by the QDRO experts to answer problems they've incurred in performing these functions, and hopefully will expedite the QDRO process for everyone.

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