Pending Family Rules Petitions as of March 21, 2023

Pending Family Rules Petitions as of March 21, 2023

The Arizona Rules of Family Law Procedure may have several new amendments in 2023. This is an overview of several pending Rules Petitions which may be adopted later this year. Note that these changes to the Rules are NOT in effect right now. Reference to FCIC is to the Family Court Improvement Committee, a Supreme Court Committee.


Rule 81 (New Rule), filed 11-28-22 by Judge McMurdie/ FCIC

This Rule will tell the court how to implement ARS 25-401(B) which provides for a “local social service agency to exercise continuing supervision over the case to assure that the custodial or parenting time terms of the decree are carried out.”  New Rule 81 provides for parenting time supervision and case implementation supervision by a professional to assist the court and what the appointment order for that professional must provide.


Rule 30 (New Rule), Filed 11-14-2022 by Judge McMurdie/ FCIC

This Rule provides for specific timelines for court action on filings to achieve timely resolution of disputes.   This includes entry of Consent Decrees within 20 days, rulings on temporary orders within 20 days, the setting of hearing or conference on enforcement of LDM or PT within 25 days (with a ruling on same within 20 days), and rulings on stipulated orders within 7 days.     The COA must accept jurisdiction of a Petition for Special Action which alleges these timelines were not met.


Rule 48 (Amendment of Current Rule which is Temporary Orders Without Notice), filed 12-29-2022 by Judge Cohen

This amended Rule would provide for Emergency Temporary Orders WITH notice as well as those without notice.   


Rule 34 (Amendment of Current Rule which is Continuances and Scheduling Conferences), filed 1-9-2023 by State Bar

This amendment to Rule 34 provides for “other good cause” for continuances (other than the current reference to “unavailability of a witness or party”), and what the party requesting the continuance must show and do to request a continuance.


Rule 43.1, filed 1-10-2023 by Maricopa Clerk of Court

Provides for electronic service of minute entries, notices, and other court-generated documents, to incorporate the language already in Civil Rule 80(e) and to allow electronic distribution to persons not represented by an attorney.


Rule 84 (Amendment of Current Rule which is Motion for Clarification), filed 11-3-2022 by Judges Cohen, Fisk, and Coury (with approval of FCIC)

Currently, Rule 84 allows the filing of a Motion for Clarification at any time.   This amendment puts a time limit of 6 months for most Motions for Clarification with the exception of such motions “to clarify support obligations or distribution of retirement benefits” in which case the Motion can still be filed at any time.


Rules 44.1, 45(c), 78(g) and 91.3, filed 1-4-2023 by Judge Cohen

Amendments to Current Rules which are:

  • 44.1  Default Decrees (no hearing)
  • 45(c) Consent Decree with Children
  • 78(g) Entry of Judgment
  • 91.3  Post-Judgment Petition to Modify LDM or PT

This Amendment to the several Rules will require “Sample School Orders”, forms for which are provided:   Joint Legal Decision-Making Education Order and Sole Legal Decision-Making Education Order.  (Forms are attached to the Petition)


Rule 91(h) and 92(c)  (Amendment to Current Rules which are “Order to Appear” for post-decree petitions and “Order to Appear” for contempt hearings, filed 1-4-2023 by Judge Cohen

These amendments would allow the court to either set a hearing on these petitions, OR require the petitioning party to effectuate service of process on the other party before setting a hearing date.  The later setting of a hearing date (after service) would then require only a “Notice of Hearing” which would not require additional service of process.  The intent of this change is to prevent situations where a hearing was set immediately upon the filing of a petition, but the petitioner is not able to effectuate service of process by that date.

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