What Do I Need to Know About the 2019 Family Law Rules Changes? (Part 1 of several)

by Annette Burns on January 14, 2019

The Rules changed on 1/1/2019, so how extensive were the changes?   There are a number of substantive changes to cover, and this article in the  Arizona Attorney in January covered some of those.  There was extensive restyling, meaning that the language and wording in many rules was changed and (hopefully) simplified.   Some renumbering occurred, mostly in Section II “Pleadings and Motions”, and that’s what I’ll cover in this post. 

New Section II numbering and how things have moved around:                                                                                               

PART II.  PLEADINGS AND MOTIONS

Rule 23.  Pleadings: Petition and Response  [Formerly “Commencement of Action”]  This Rule describes what actions may be commenced by a Petition, when a Summons is required, and when a Response is mandatory or voluntary. 

Rule 24.  Contents of Pleadings  [Formerly “Pleadings Allowed”; Pleadings Allowed has moved to Rule 23]    Rule 24 now lists what the contents of a Petition and a Response should include.

Rule 24.1.  Time for Filing and Serving a Response to a Petition:  NEW

Rule 25.  Additional Filings  [Formerly “Family Law Cover Sheet”]

Rule 26.  Signing Pleadings, Motions, and Other Documents; Representations to the Court; Sanctions [Formerly “Additional Filings” which has moved to Rule 25]

Rule 27.  Service of the Petition  [Formerly “Service on the Opposing Party or Additional Parties”]

Rule 28.  Amended and Supplemental Pleadings  [Formerly “Mandatory Responsive Filings”; Responsive Filings has moved to Rule 24.1]

Rule 29.  Defenses; Motion for Judgment on the Pleadings; Joining Motions; Waiving Defenses; Pretrial Hearing   [Formerly “General Rules of Pleading”; General Rules of Pleading is now found in Rule 24.1]

Rule 30.  [Reserved]   [Formerly “Form of Pleading” which has moved to Rule 24]

Rule 31.  [Reserved]   [Formerly “Signing of Pleadings” which has moved to Rule 26]

Rule 32.  [Reserved]   [Formerly “Defenses and Objections; When and How Presented; By Pleading or Motion; Motion for Judgment on the Pleadings” which has moved to Rule 29]

Rule 33.  Third-Party Rights and Other Claims in an Existing Action.  [Formerly “Counterclaims; Third Party Practice”]  

Rule 34.  Continuances and Scheduling Conflicts  [Formerly “Amended and Supplemental Pleadings” which has moved to Rule 28]     The substance of this new Rule is new to Section II which didn’t previously address continuances; and a duty to consult is added regarding motions to continue.

Rule 35.  Family Law Motion Practice   SAME TITLE; Substantive changes include subsection (d) which added “Agreements to Extend Time for Filing” to encourage attorneys to extend filing dates by agreement and notify the court of their agreements.

Rule 35.1.  Motion for Reconsideration  NEW.     Previously, Motions for Reconsideration were Rule 84.

In addition to these fairly extensive numbering changes in Section II, the Rules added several new subsections, mostly for clarification and organization, and those new subsections are:   

5.1          Simultaneous dependency and family court proceedings

6.1          Change of Judge for Cause

10.1        Court-appointed advisors (separated out from attorneys for children)

24.1        Time for Filing and Serving a Response to a Petition

35.1        Motions for Reconsideration (formerly Rule 84)

43.1        Filing Pleadings and Other Documents

44.1        Default by Motion

44.2        Default by Hearing

47.1        Simplified Child Support Orders (this is different than a simplified modification procedure)

47.2        Motion for Post-Decree Temporary Orders re LDM or PT

67           Types of Alternative Dispute Resolution

67.1      Uniform Collaborative Law

67.2        Uniform Family Law Arbitration

67.3        Private Mediation

67.4        Settlement Conferences

72.1        Retirement Family Law Master

76.1        Scheduling Conference, Scheduling Statement, Pretrial Statement

76.2        Sanctions for Failure to Participate

91           Post Decree Proceedings

91.1        Modification of Spousal Maintenance or Child Support

91.2        Enforcement of Spousal Maintenance or Child Support

91.3        Modification of LDM or PT

91.4        Relocation

91.5        Enforcement of LDM or PT

91.6        Other Post-Judgment Petitions

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