ARFLP Rules Changes August 2023 – Lots of Changes Coming!

ARFLP Rules Changes August 2023 – Lots of Changes Coming!

I just reviewed over four dozen Rules Amendments that were signed into effect by Justice Brutinel on August 24, 2023.   I narrowed down the Amendments to those that directly modify the Family Rules, and listed a few additional ones (Rules of Evidence, Supreme Court rules, and Civil Procedure rules) that may affect family law practice.  Here’s my summary. Changes to the Arizona Rules of Protective Order Procedure (ARPOP) are also mentioned here.

Arizona Rules of Family Law Procedure are abbreviated as ARFLP and the full set of ARFLP can be found here.  

Caution and Disclaimer:   You should not rely on this as a replacement for actually reading the Rules amendments yourself.  The entirety of the August 2023 Rules Amendment Minutes, and all actions taken, can be found here. The list of Rules petitions (and actions on the petitions), with links to the redlined rules, is found here.

Unless otherwise stated as being entered as an “emergency order”, all of these changes are effective January 1, 2024.

ARFLP has a new Rule 81 regarding post-judgment parenting time supervision and case implementation supervision.    R-22-0043     Rule 81 is brand new and the changes so extensive that a separate post is necessary, and this will follow soon.

ARFLP Rule 48 clarifies the procedures governing the issuance of a temporary order on an emergency basis with or without notice.   R-23-0001

ARFLP Rule 34 clarifies what a party must show to obtain a continuance of a trial, hearing, or conference. R-23-0021

Several ARPOP (and related criminal rules) are amended to adopt 2022 legislative changes (ARS 13-719) regarding lifetime no-contact injunctions.  These changes affect Rules 1, 3, 4, and 42, Arizona Rules of Protective Order Procedure, and adopt a new ARPOP Rule 43.    R-22-0039 

ARFLP Rule 84(b) is amended to provide that absent good cause or unless an exception applies, a motion to clarify a ruling must be filed no later than six months after the ruling’s entry.   R-22-0040 

ARFLP Rule 43.1 has a new subpart (i) authorizing the Clerk’s Office to distribute minute entries, notices, and other court-generated documents to party or a party’s attorney by electronic means. R-23-0032

ARFLP, along with the Civil and other procedural rules, is amended in several areas (ARFLP 20, 26, 43.1) regarding the use and acceptance of electronic signatures and notarized documents. R-22-0009 

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The following changes to the family rules were adopted on an emergency basis in August 2023, with final consideration about whether these will be permanent changes deferred to the December 2023 Rules Agenda.

R-23-0041 Order amending on an emergency basis ARFLP 44.1 and 45 to modify current procedures for requesting spousal maintenance in default decrees, judgment without a hearing, and consent decrees, effective immediately. The Court will consider whether to adopt the rule amendments on a permanent basis during its December 2023 Rules Agenda.

R-22-0044 Order amending on an emergency basis various Rules of Family Law Procedure to impose deadlines for judges to enter certain types of rulings or orders,effective January 1, 2024. The Court will consider whether to adopt the rule amendments on a permanent basis during its December 2023 Rules Agenda.

NOTE: The change to ARFLP 30 starts with this new language:  In every domestic relations action, the parties are entitled to the timely resolution of their disputes. To ensure the matters do not linger unnecessarily, the courts of this state must abide by time requirements imposed by an applicable statute or these rules.

                The rules affected by these new timelines are ARFLP 30, 43.1, 44.1, 45, 47, 47.1, 47.2, 48, and 91.5.     All provide for rulings within 21 days of submission of evidence or specific documents to the Court.  Rule 91.5(c) now requires that a hearing or conference be set within 25 days of service of the post-decree petition and a ruling is required within 21 days after the hearing or conference.     A Notice of Lodging must be filed with specific documents in order to alert the court that a ruling is required.

R-23-0007 Order amending on an emergency basis ARFLP 44.1(e), 45(c), 78(g), 91.3, and 97 to require  family court to issue an “education order” when entering any final order involving dependent children, effective January 1, 2024. The Court will consider whether to adopt the rule amendments on a permanent basis during its December 2023 Rules Agenda, after reopening the petition for public comment.

The content of the education order is in one of two forms:   Form 19, for parenting orders with joint legal decision-making; and Form 20, for parenting orders with sole legal decision-making.  Both forms are a part of Rule 97, ARFLP. 

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The following are changes to Civil Procedure Rules (and one procedural change to ARFLP 43.1) which will affect family law practice or which could result in family law rules changes in the future.

Rule 80(a) of the Rules of Civil Procedure is amended to allow mediators and judicial officers to use additional reliable methods of documenting agreements and settlements.  These changes to the Civil Rules could lead to future changes to ARFLP 69.   R-22-0047

Rule 35 of the Rules of Civil Procedure is amended to reorganize, clarify, and revise the procedures governing requests for physical and mental examinations.  These changes to the Civil Rules could lead to future changes to ARFLP 63.  R-23-0023

Rule 5.1(c) of the Rules of Civil Procedure and ARFLP Rule 43.1(d) are amended to permit subpoenas to be filed.  R-23-0033

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The following are changes to the Arizona Rules of Evidence which will affect family law practice.

Arizona Rule of Evidence 615 is amended to partly conform to the anticipated 2023 amendments to Federal Rule of Evidence 615 regarding the “rule of exclusion”.  R-23-0003

Arizona Rule of Evidence 702 is amended to conform to the anticipated 2023 amendments to Federal Rule of Evidence 702 regarding expert witnesses and to add a new   comment.   R-23-0004 

And finally, for all those family law practitioners who act as either neutrals (mediators, parenting coordinators, masters) or as expert witnesses, ERs 1.15 and 2.4 (Rule 42 and 43, Rules of Supreme Court of Arizona) was amended to allow lawyers who serve as third-party neutrals or expert witnesses to hold unearned fees related to those services in their client trust accounts.  R-23-0006 

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