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has one of thehighest divorce rates in the country, signif-icantly above the national average. In 2004,there were 24,403 divorces in the state. In2003, more than 41 percent of Arizona’schildren were born out-of-wedlock, a newhistorical record. The picture is not muchbrighter nationally. The U.S. divorce rate ofnearly 50 percent is one of the highestamong industrialized countries. England’sdivorce rate hovers around 40 percent.Australia’s is about 33 percent. Italy andmany eastern European countries havemuch lower rates.

Family law cases account for over 40 per-cent of Superior Court filings in Arizona—about 73,000 cases annually statewide. It isestimated that between 70 percent and 80percent of family law litigants are self-repre-sented. Family law cases include divorce aswell as legal separation, annulment, paterni-ty, child support, child custody and protec-tive orders. More families and children aredirectly touched by our family courts thanby any other department or division of theSuperior Court, which has exclusive juris-diction over family law cases.

Yet, until very recently, Arizona has nothad rules of procedure exclusively for fam-ily law cases. Fortunately, that changed onOctober 19, 2005, when Arizona ChiefJustice Ruth McGregor signed the orderapproving the new Arizona Rules ofFamily Law Procedure, with an effectivedate of January 1, 2006. For many reasons,this was a momentous occasion inArizona’s judicial history.

Adoption of this comprehensive set ofprocedural rules was imperative to thisstate’s family courts in light of pervasiveconfusion and conflict over applicability ofthe rules of civil procedure in family lawcases. The new rules are intended to provideuniformity, stem the proliferation of diverselocal rules, and assist the family courts in theefficient administration of justice.

Significantly, the new rules stronglyemphasize alternative dispute resolution(ADR) and therapeutic jurisprudence.1

Therapeutic jurisprudence is aimed, in part,at reducing conflict between the parties.Many mental health and court professionalsbelieve that persistent parental conflict is theforemost indicator of divorce outcomes for

The New Arizona Rules o

BY HON. MARK W. ARMSTRONG

Arizona

children. Such conflict has been associatedwith a higher risk of self-destructive behav-ior, depression, delinquency and diminishedacademic performance in children.2

Generally, the most effective means toreduce conflict is by ADR, such as media-tion, arbitration, settlement and resolutionmanagement conferences. ADR providesthe parties with the tools to resolve theirdisputes sooner and gives them a greatersense of involvement in the process, whichoften renders the resolution more durableand longer lasting. We must always beaware, of course, that there are certain casesin which ADR may not be appropriate,such as in cases of domestic violence, child

abuse or neglect, or in cases involving sub-stance abuse or serious mental illness.

BackgroundIn 1998, the Legislative/Rules Work Group of the Supreme Court’sCommittee to Study Family Issues in theSuperior Court recommended to theCommittee that statewide rules of familylaw procedure be developed to provide uni-form, specially tailored rules for family lawcases.3 The work group formally reportedas follows:

The Work Group recommends the fol-lowing for immediate implementation:• Develop statewide rules of procedure

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domestic relations courts. This approachwas recently listed by Hon. Arline Rotman(Ret.), Association of Family andConciliation Courts (AFCC) ResourceDevelopment Committee Chair, as one ofthe top five national reforms she would liketo see in family law.

Some of the reasons advanced by herand Arizona judges include:1. The need for family court-specific rules

to more appropriately meet the needsof families and children. The Rules ofCivil Procedure are often ignored infamily court because they are ill fitting;this breeds disrespect for legal rules andcommon sense. Rules of family lawprocedure would more likely be fol-lowed and enforced.

2. The need for more uniformitystatewide.

3. The need to simplify the current rulesand make them more understandableto self-represented litigants.

4. The need to stem the proliferation oflocal family law rules.

5. The need for statewide rules with timelimits for disposition of certain issues ortypes of cases.

6. The need to take family disputes out oftraditional litigation rules and haveproblem-solving rules instead.

7. The need for revised discovery and dis-closure requirements unique to familieswho share discoverable information.

8. The need to relax the rules of evidencefor family law cases.

The Supreme Court CommitteeTwo and a half years ago, the SupremeCourt accepted my recommendation andcreated a committee4 to draft this state’sfirst set of statewide, uniform and compre-hensive rules for family law cases. At thebeginning, the Court identified two over-arching purposes of the new rules: (1) toprovide a stand-alone set of statewide, uni-form and comprehensive rules for familylaw, and (2) to enhance the status of fami-ly law and family courts, often seen as

model. This is destructive to families.Also, the civil procedural rules largelyare designed around the premise that,absent an appeal, a case will terminateafter judgment is rendered. In contrast,family cases usually involve financial,property or child-related issues thatmaintain interaction of the parties. Thecourt routinely remains involved in dis-pute resolution…Although no formal action resulted

from this recommendation at the time, theidea continued to generate interest. Thefamily law bench in Arizona has over-whelmingly supported creation ofstatewide rules for its family law and

f Family Law Procedure

Hon. Mark W. Armstrong was appointed to the Maricopa County Superior Courtbench in January 1988, and is currently Presiding Judge of the Arizona Tax Court. Prior

to assuming his current duties as Presiding Judge of the Arizona Tax Court in June2004, Judge Armstrong served in the civil, criminal, juvenile and family court depart-

ments of the court, including two terms as Presiding Family Court Judge from May 1998until June 2000, and from May 2002 until June 2004. He also served as Associate

Presiding Judge of the entire Superior Court from June 2000 through December 2002.

for family court, distinct from butembodying relevant portions of thepresent Arizona Rules of CivilProcedure, Rules of Procedure forthe Juvenile Court and ArizonaRules of Evidence. … [T]he nature offamily cases and the overriding goal toeliminate wherever possible the adver-sarial nature of court processes, sug-gests a separate set of rules and proce-dures for operation of the family courtshould be developed. Current rulesgenerally applicable to civil casesassume a conflict-driven system thatadopts litigation rather than problemsolving as the dispute-resolution

rules in concept in February 2005. Theywere approved by the Arizona JudicialCouncil (AJC) on March 30, 2005, andwere placed on the Court’s rule-makingagenda on June 2, 2005. The Court circu-lated the proposed rules for a three-monthperiod of public comment beginning inJune 2005. The rules, including changesmade in response to public comments, wereapproved by the Justices at their September22, 2005, rule-making conference. TheChief Justice signed the formal orderapproving the rules on October 19, 2005.

The rules are part of the SupremeCourt’s Strategic Agenda for Arizona’sCourts 2005–2010. They are unique tofamily law cases, supplant the rules of civilprocedure and apply in all family law ordomestic relations proceedings.

Effective DateThe new rules are effective for all family lawcases filed on or after January 1, 2006.

They are also effective for all family lawcases pending on January 1, 2006, exceptfor Rule 2(B), which relaxes the formalrules of evidence, provided that the partiesto a family law case pending as of January 1,2006, may stipulate to the applicability ofRule 2(B).

Furthermore, with respect to family lawcases pending as of January 1, 2006, if dis-closure was previously made pursuant toRule 26.1, A.R.C.P., further disclosure isnot required under Rule 49 or Rule 50 ofthe new rules, except for the duty to sea-sonably supplement the earlier disclosure.

ConclusionSome of the most significant changesbrought about by the new rules include:• Comprehensive new rules that strongly

encourage problem-solving approachesto resolve family law cases, includingthe use of mediators, family law mastersand parenting coordinators.

• New rules of procedure for temporaryorders and post-divorce proceedings,which have never before existed on astatewide level.

• New requirements for the timely dispo-sition of temporary orders at a timewhen families often are in crisis.

• New requirements to ensure the timelydisposition of all family law matters.

• A new rule providing for representa-

tion of children whose voices are oftenunheard in family law cases.

• A new rule providing for “limitedscope representation” that allows anattorney to represent a client for a lim-ited purpose or time period. This ruleshould greatly enhance access to legalrepresentation in family law cases, par-ticularly for persons of limited means.

• New rules for disclosure and discoverythat are tailored to family law andshould be easier to understand.

• Relaxation of the formal rules of evi-dence to enhance both truth seekingand efficiency.

• Provisions for protecting addresses andother safety measures in cases ofdomestic violence.

• Provision for service of process by cer-tified mail and other delivery methodsthat are less expensive than personalservice by a certified process server.

• Provision for a “consent decree” thatallows agreeing parties to resolve theirfamily law case without a hearing.

• Provision for required and commonlyused forms that will also be availableon the Supreme Court’s Web site.

Ultimately, of course, I recognize that therules are neither perfect nor are they apanacea for all the ills of our family courts.But I believe they do meet the Court’sgoals as well as the Committee’s missionstatement and will result in substantialimprovement in the way our courts servethe public in family law cases.

The Court has provided by separateadministrative order that the rules will beformally reviewed in two years. So, thoughit may be too late for public comment onthe current rules, all comments or sugges-tions are welcomed and will be consideredin the two-year review. The Court willundertake this review because of the sheerscope of this project. The Court and theCommittee appreciated that some mistakesmay have been made and wanted to have aformal mechanism in place to addressthem within a reasonable period of time.

This is an exciting time for family law inArizona. I believe the status of family lawhas been enhanced, and I hope you will beable to support the new rules and assist inimproving them in the years to come.

— endnotes on p. 41

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stepchildren of the court system. TheCourt also identified three overridingemphases for the new rules: early interven-tion, timely disposition and increased useof problem-solving approaches.

At its inaugural meeting, the newCommittee agreed to a mission statementthat guided its work—to establish a com-prehensive, statewide set of rules of proce-dure for family law cases aimed at achiev-ing fair, effective, uniform and timely res-olution of family disputes, using non-adversarial, problem-solving means to theextent possible and appropriate.

The Committee carefully reviewed theArizona Rules of Civil Procedure and thelocal domestic relations rules for the 12Arizona counties that have them. TheCommittee also reviewed and consideredfamily law rules in several other states thathave already adopted specialized rules,including Delaware, Florida, Hawaii,Rhode Island and Texas. Committeemembers and several non-committeemembers from various Arizona countiesdivided into 11 work groups to draft the14 sections of the rules, which appear inthe following summary. The Committeeand work group members, and especiallythe work group chairs, deserve great cred-it for the draftsmanship of the rules.

The Committee held monthly publicmeetings for more than two years and hasconstantly posted its latest version of therules on the Supreme Court’s public Website. The Committee also has done sub-stantial outreach to ensure that interestedpersons were kept abreast of develop-ments as the rules evolved, and to consid-er informal comments about the rules.The Committee accepted and consideredmany informal and formal commentsfrom individuals and groups such as theExecutive Council of the Family LawSection of the State Bar of Arizona, theAmerican Academy of MatrimonialLawyers, the Attorney General’s Office,Southern Arizona Legal Aid, CoconinoSuperior Court, Judge Steven Sheldonand attorney Debra Weecks. All publiccomments, formal and informal, were vet-ted through both a Comment ReviewSubcommittee as well as the Committeeas a whole.

The Supreme Court’s Committee onSuperior Court approved the proposed

The New Arizona Rules of Family Law Procedure

Section I. General AdministrationRule 1. Scope of RulesThis rule defines the scope of the rules.

Rule 2. Applicability of Other RulesThis rule addresses the applicability ofthe Arizona Rules of Civil Procedure(ARCP) and the Arizona Rules ofEvidence. The rules of evidence arerelaxed in family law cases unless a partytimely invokes the formal Rules ofEvidence, except that even if the formalrules are invoked, the requirements foradmission and consideration of certaindocumentary evidence are relaxed.Under the relaxed rules, the court willgenerally follow the rules applicable toadministrative hearings - relevant evi-dence is admissible unless its probativevalue is outweighed by other, specifiedconsiderations.

Rule 3. DefinitionsThis rule defines certain words and phrasescontained in the rules. It in not intendedto be exhaustive.

Rule 4. TimeThis rule governs the computation of timeunder these rules and is based on Rule 6,ARCP.

Rule 5. ConsolidationThis rule provides procedures for consoli-dation of cases with common parties, chil-dren or issues and is based on Rules 42(a)and 65(a), ARCP.

Rule 6. Change of JudgeThis rule merely adopts and incorporatesby reference Rule 42(f), ARCP.

Rule 7. Protected and Unpublished Addresses

This rule provides procedures for a party toprotect the party’s address if there is anorder of protection or the party reasonablybelieves that physical or emotional harmwould result if the address were not protect-ed. It also provides a procedure to serve a

party with a protected address. Finally, itrequires all parties to keep the Clerk of theCourt apprised of their current address.

Rule 8. Telephone Appearances and Testimony

This rule provides procedures for a party toappear, and for a witness to testify, by tele-phone at a court hearing.

Rule 9. Duties of CounselThis rule sets forth duties of counsel andprocedures for withdrawal and substitutionof counsel. It also provides procedures forlimited scope representation in family lawcases, including a requirement for a Noticeof Limited Scope Representation. The lim-ited scope representation portion of therule is experimental and expires three yearsafter the effective date of the rules unlessotherwise extended. This rule is based inpart on Rule 5.1, ARCP.

Rule 10. Representation of Children; Minors and Incompetent Persons

This rule provides for representation ofchildren or children’s best interests in fam-ily law cases. This portion of the rule isbased on the ABA Standards of Practice forLawyers Representing Children in CustodyCases, adopted August 2003. The rulereplaces the term “Guardian ad litem” with“Best Interests Attorney.”

This rule also provides for the appoint-ment of court advisors based on standardsfound in the National Conference ofCommissioners on Uniform State Laws2005 draft of the Representation ofChildren in Abuse and Neglect andCustody Proceedings Act.

Rule 11. Presence of Children This rule provides that children may beexcluded from Family Court proceedingsunder certain circumstances.

Rule 12. Court Interviews of Children This rule sets forth procedures for inter-views of children by the court. The rulesupplements A.R.S. § 25-405.

Rule 13. Public Access to Proceedings This rule permits the court to exclude thepublic from proceedings to promote ami-cable settlement of cases, to protect achild’s best interests, or to protect the par-ties from harm, after using a balancing testdesigned to meet First Amendment con-cerns.

Rule 14. Sworn Written Verification;Unsworn Declarations Under Penalty of Perjury

This rule is based on Rule 80(i), ARCP,and permits unsworn declarations exceptfor an acceptance or waiver of service, astipulation to substantially change custodyor parenting time, an affidavit to obtaindefault judgment without hearing, or aconsent decree.

Rule 15. Affirmation in Lieu of OathThis rule allows an affirmation in place of anoath, and is based on Rule 43(b), ARCP.

Rule 16. InterpretersThis rule authorizes the court to appointinterpreters and set their reasonable compen-sation, and is based on Rule 43(c), ARCP.

Rule 17. Limitation on Examination of Witness; Exception

This rule is based on Rule 43(d), ARCP.

Rule 18. Preservation of CourtReporters’ Notes of CourtProceedings

This rule is based on Rule 43(k), ARCP, butadds a reference to electronic recordings.

Rule 19. Lost Records; Method of Supplying, Substitutionof Copies; Hearing if Correction Denied

This rule merely adopts Rule 80(h),ARCP, in its entirety.

Rule 20. Electronic FilingThis rule provides for electronic filing infamily law cases in accordance with Rule124, Rules of the Supreme Court.

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Summary of the New RulesThe New Arizona Rules of Family Law Procedure

Rule 21. Local Rules by Superior CourtThis rule provides a process for the adop-tion of local rules that supplement theserules, and is based on Rule 83, ARCP.

Rule 22. Reserved

Section II. Pleadings and MotionsRule 23. Commencement of ActionThis rule provides that a family law action isbegun by filing a petition with the clerk ofthe court, and is based on Rule 3, ARCP.

Rule 24. Pleadings AllowedThis rule sets forth the types of pleadingsallowed to be filed under these rules.Generally, actions are initiated by the filingof a petition.

Rule 25. Family Law Cover SheetThis rule provides that a cover sheet maybe required to initiate a family law case.

Rule 26. Additional PleadingsThis rule provides for additional filingssuch as the preliminary injunction andsummons, order to appear, and notices,forms and orders required by the court.

Rule 27. Service on the Opposing Party or Additional Parties

This rule sets forth the pleadings and doc-uments that are required to be served onother parties.

Rule 28. Mandatory Responsive FilingsThis rule requires responsive pleadings incertain cases.

Rule 29. General Rules of PleadingThis rule sets forth requirements for thecontent of pleadings and the effect of aresponse, and is based on Rule 8, ARCP.

Rule 30. Form of PleadingThis rule sets forth requirements for theform of pleadings, including adoption byreference and exhibits, and is based onRule 10, ARCP.

Rule 31. Signing of PleadingsThis rule provides for the signing of plead-ings, and sanctions for failure to sign or forinterposing a pleading or motion withoutadequate basis, for an improper purpose,or in bad faith. This rule is based on Rule11, ARCP.

Rule 32. Defenses and Objections;When and How Presented; ByPleading or Motion; Motion forJudgment on the Pleadings

This rule sets forth procedures for present-ing defenses and objections to pleadings,including motions to dismiss, to strike, orfor judgment on the pleadings. This rule isbased on Rule 12, ARCP.

Rule 33. Counterclaims; Third PartyPractice

This rule sets forth procedures for counter-claims and third party practice in family lawcases. The rules are tailored to family lawpractice and are based on Rules 13 and 14,ARCP. The rules have eliminated cross-claims from family law practice.

Rule 34. Amended and SupplementalPleadings

This rule provides for amended and sup-plemental pleadings, as well as the relationback of certain amendments, and is basedon Rule 15, ARCP.

Rule 35. Family Law Motion PracticeThis rule sets forth procedures, includingtime periods, for motions in family lawcases. It also addresses oral argument onmotions. Finally, it also addresses motionsfor reconsideration in the same manner asthe current rules of civil procedure. Thisrule is based on Rule 7.1, ARCP.

Section III. PartiesRule 36. Real Party in InterestThis rule requires that every family lawaction shall be prosecuted in the name ofthe real party in interest and is based onRule 17, ARCP.

Rule 37. Substitution of PartiesThis rule provides for substitution of par-

ties in appropriate cases and is based onRule 25, ARCP.

Rule 38. Process on Behalf of and Against Persons Not Parties

This rule provides that an order in favor ofa person not a party may be enforced bythe same process as if a party.

Rule 39. Proof of Authority by Attorneyfor Respondent Not PersonallyServed

This rule provides that in family law

actions, an attorney appearing for arespondent who has not been personallyserved shall file an affidavit signed by therespondent establishing the attorney’sauthority to act for the respondent.

Section IV. Service of ProcessRule 40. ProcessThis rule provides for process in family lawcases. It is based on Rule 4, ARCP, exceptthat it allows Department of EconomicSecurity investigators to serve process inTitle IV-D cases.

Rule 41. Service of Process within Arizona

This rule provides for service of processwithin Arizona and is based on Rule 4.1,ARCP. It permits service of process bycertified mail and other delivery methodsprovided a return receipt or signature con-firmation is signed by the person requiredto be served. This is a change from the civilrule and makes the rule consistent with therequirements for out-of-state service. Thecomment to this rule and to Rule 42makes clear that these rules do not followthe holding in Master Financial, Inc, v.Woodburn, 208 Ariz. 70, 90 P.3d 1236(App. 2004) applicable to Rule 4.1,ARCP, regarding service by publication.

Rule 42. Service of Process Outside of State

This rule provides for service of processoutside of Arizona and is based on Rule4.2, ARCP. Paragraph C allows for servicethrough carriers in addition to the USPostal Service, such as Federal Express,DHL and United Parcel Service.

Rule 43. Service and Filing of Pleadings and Other Papers; Sensitive Data Form

This rule provides for the service and filingof pleadings and other papers and is basedon Rule 5, ARCP. Paragraph G of the rulealso provides for the filing of a sensitive dataform to protect social security numbers andfinancial account numbers that are other-wise required to be provided to the familycourt. A form is provided for this purpose.

Section V. Default Decree, ConsentDecree and Dismissal

Rule 44. Default DecreeThis rule provides procedures for the

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default process in family law cases. It pro-vides options for obtaining judgment bydefault by motion without personalappearance and by hearing. It is tailored forfamily law but is based on Rule 55, ARCP.

Rule 45. Consent Decree, Order or Judgment Without Hearing

This rule provides a simplified means ofobtaining a decree of dissolution of mar-riage or other judgment when the partiesagree on all matters to be included in thedecree or judgment. If the parties agree onall issues and sign the decree before anotary public, they need not appear per-sonally in court. This rule is based on theconsent decree process currently used inMaricopa County.

Rule 46. DismissalsThis rule provides procedures for voluntaryand involuntary dismissals, including a pro-vision that the court may dismiss a caseupon 60 days notice if a case has languishedfor four months after filing of the petition.The rule allows the court to extend thisperiod for good cause shown. This provi-sion is based on Rule 38.1, ARCP.

Section VI. Temporary OrdersRule 47. Temporary OrdersThis rule is entirely unique to family law,which specifically authorizes temporaryorders on a variety of family law issues,including custody, parenting time, childsupport, spousal maintenance, and attor-neys’ fees. It provides procedures for seek-ing such orders, which may be issued inboth pre-decree and post-decree cases. Therule requires the court to set a conferenceor hearing within 30 days after a request.The rule also provides for simplified andsummary procedures for obtaining childsupport. Finally, the rule provides a proce-dure to request expedited relief.

Rule 48. Temporary Orders Without NoticeThis rule sets forth a procedure forrequesting temporary orders withoutnotice to the other party. It is based onRule 65(d), ARCP. Temporary orderswithout notice replace emergency ordersand temporary restraining orders (TROs)that are currently issued in some counties.

Section VII. Disclosure andDiscovery

Rule 49. DisclosureThis rule requires a resolution statementand disclosure of certain information nec-essary for the resolution of a family lawcase, within 40 days after the filing of aresponse to an initial petition. The rule isspecifically tailored for family law but isbased on Rule 26.1, ARCP.

Rule 50. Complex Case DisclosureThis rule provides that a party may invokeRule 26.1, ARCP, by filing a notice withthe court.

Rule 51. DiscoveryThis rule generally governs discovery infamily law cases and sets forth methods,scope and limits on discovery. It also cov-ers the timing of discovery, supplementa-tion of responses, sanctions and motions.It is based on Rule 26, ARCP. The follow-ing specific discovery rules were borrowedvirtually wholesale from the ARCPalthough some were tailored for family lawpractice. All civil discovery tools have beenpreserved.

Rule 52. SubpoenaThis rule governs the form and issuance ofa subpoena, as well as duties under andsanctions for violating a subpoena. It isbased on Rule 45, ARCP.

Rule 53. Protective Orders RegardingDiscovery Requests

This rule sets forth procedures for obtain-ing a protective order from certain discov-ery. It is based on Rule 26(c), ARCP.

Rule 54. Depositions before Action orPending Appeal

This rule provides procedures for takingdepositions before an action is commencedor pending appeal, and is based on Rule27, ARCP.

Rule 55. Persons Before WhomDepositions May Be Taken

This rule prescribes the persons beforewhom depositions may be taken, both inthe United States and foreign countries,and is based on Rule 28, ARCP.

Rule 56. Stipulations RegardingDiscovery Procedure

This rule provides that the parties maystipulate to discovery procedures, includ-ing deviations from these rules, unless thecourt orders otherwise. It is based on Rule29, ARCP.

Rule 57. Depositions upon Oral Examinations

This rule provides detailed procedures forthe taking of oral depositions and is basedon Rule 30, ARCP.

Rule 58. Depositions upon Written Questions

This rule provides procedures for the tak-ing of written depositions and is based onRule 31, ARCP.

Rule 59. Use of Depositions in Court Proceedings

This rule sets forth the manner in whichdepositions may be used in court as well asprocedures for objections, form of presen-tation and the effect of errors and irregu-larities in depositions. It is based on Rule32, ARCP.

Rule 60. Interrogatories to PartiesThis rule provides procedures for usinginterrogatories, the scope of their use incourt, and an option to produce business,medical, therapeutic, psychological, psy-chiatric, employment, and income tax oreducation records. It is based on Rule 33,ARCP.

Rule 61. Uniform and Non-uniformInterrogatories;Limitations; Procedure

This rule prescribes procedures for uni-form and non-uniform interrogatories andis based on Rule 33.1, ARCP. The uni-form interrogatories are set forth in Rule97, Form 7, and are specifically tailored tofamily law.

Rule 62. Production of Documents andThings and Entry upon Landfor Inspection and OtherPurposes

This rule provides procedures for request-ing production of documents and entryupon land to conduct an inspection. It is

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The New Arizona Rules of Family Law Procedure

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based on Rule 34, ARCP.

Rule 63. Physical, Mental and VocationalEvaluations of Persons

This rule provides procedures for request-ing physical, mental or vocational evalua-tions of a party or other person, and isbased on Rule 35, ARCP.

Rule 64. Request for AdmissionThis rule provides procedures for request-ing admissions of fact from another party,and is based on Rule 36, ARCP. It furtherprovides that matters admitted are conclu-sively established unless the court allowswithdrawal or amendment for good cause.

Rule 65. Failure to Make Disclosure or Discovery; Sanctions

This rule provides for motions to compeldiscovery and sanctions for violation of dis-closure and discovery rules and orders. It isbased on Rule 37, ARCP. Like the civil rule,it requires counsel to personally consult ingood faith before filing a motion to compel.

Section VIII. Settlement andAlternativeDispute Resolution(ADR)

Rule 66. Alternative Dispute Resolution: Purpose,Definitions, Initiation and Duty

This rule is the first of a comprehensive setof rules strongly encouraging ADR in fam-ily law cases. The rule sets forth the typesof ADR processes used in family law cases,and requires parties to consider ADR andreport to the court. The rule is based onRule 16(g), ARCP.

Rule 67. Mediation, Arbitration,Settlement Conferences,and Other Dispute ResolutionProcesses

This rule prescribes specific procedures formediation, settlement conferences andarbitration. The rule includes provisions toprotect victims of domestic violence.

Rule 68. Conciliation Court Services;Counseling, Mandatory Mediation, Assessment or Evaluation and Other Services

This rule provides procedures for filing a

petition for conciliation pursuant toArizona law, and for other conciliationservices such as conciliation counseling,mediation, assessment and evaluation. Therule requires mediation or other ADRprocess in family law cases that involve acontroversy over child custody or parent-ing time, unless deemed inappropriate bythe court or conciliation services for goodcause, such as domestic violence or sub-stance abuse.

Rule 69. Binding AgreementsThis rule provides that agreementsbetween the parties are binding if made inwriting or on the record in court. It isbased on Rule 80(d), ARCP.

Rule 70. SettlementThis rule requires prompt notice to thecourt of settlement, and provides that amatter may be dismissed automatically 45days after notice of settlement unless theappropriate settlement documents aresooner filed. This rule is based on Rule5.1(c), ARCP.

Rule 71. Sanctions and Attorneys’ FeesThis rule provides for sanctions for failureto comply with the rules. This rule is basedon Rule 16(f), ARCP.

Rule 72. Family Law MasterThis rule provides for court appointment offamily law masters. Family law masters areessentially special masters for family lawcases. This rule is based on Rule 53, ARCP.

Rule 73. Family Law Conference OfficerThis rule is unique to family law and pro-vides for court appointment of conferenceofficers to assist the court with the resolu-tion of family law issues and cases. The ruleis based on Rule 53(k), ARCP, butincludes far more detailed procedures forappointment and use of family law confer-ence officers. As in the case of family lawmasters, family law conference officersmake recommendations to the court thatare subject to timely objections. Rule53(k), ARCP, will expire upon the effec-tive date of these proposed rules.

Rule 74. Parenting CoordinatorThis rule also is unique to family law and

provides for court appointment of parent-ing coordinators to assist the court andfamilies with implementation of courtorders regarding custody and parentingtime. Currently, parenting coordinatorsare variously termed special masters andfamily court advisors in different counties.The term “parenting coordinator” waschosen for these rules because of thenational trend toward use of that term.Similarly, the Association of Family andConciliation Courts (AFCC) has devel-oped guidelines for parenting coordina-tors that should prove useful. Generally,parenting coordinators make recommen-dations to the court subject to timelyobjections. However, paragraph G of therule provides that a parenting coordinatormay make binding decisions to resolve ashort-term, emergent situation or disputebetween the parties. This rule is based onCoconino County Local Rule 26,Maricopa County Local Rule 6.12, andPima County Local Rule 8.11, all ofwhich will either expire or be supersededupon the effective date of these proposedrules.

Rule 75. Plan for Expedited ServicesThis rule provides that any county thathas a plan for expedited process shall setforth the plan in local rule.

Section IX. Pretrial and TrialProcedures

Rule 76. Pretrial ProceduresThis rule sets forth pretrial proceduresincluding provisions for resolution man-agement conferences (RCM), pretrialorders, pretrial statements and sanctionsfor disobeying a pretrial order. The rulerequires that an RCM be set within 60days after a request therefor except forgood cause shown. The rule is based onRules 7.1 and 16, ARCP, although it isspecifically tailored to family law practice.

Rule 77. Trial ProceduresThis rule provides that a family law trial maybe set on the court’s motion, at a RCM, orpursuant to a motion to set. The rule pro-vides procedures and standards for trial con-tinuances and scheduling conflicts. The ruleis based in part on Rule 16(h), ARCP, butis tailored to family law practice.

The New Arizona Rules of Family Law Procedure

Section X. Judgments andDecrees

Rule 78. Judgments; Costs; Attorneys’ Fees

This rule sets forth procedures for judg-ments, including requests for attorneys’fees and costs, and is based on Rule 54,ARCP.

Rule 79. Summary JudgmentThis rule sets forth the summary judgmentprocedure and based on Rule 56, ARCP.It includes the same procedures and timeframes contained in the civil rule.

Rule 80. Declaratory JudgmentsThis rule provides for declaratory judg-ments and is based on Rule 57, ARCP.

Rule 81. Entry of JudgmentThis rules sets forth procedures for entry ofjudgment, including preparation, enforce-ment, objections to form, and minuteentries. It is based on Rule 58, ARCP.

Rule 82. Findings by the Court; Judgment on Partial Findings

This rule provides procedures for request-ing findings of fact and conclusions of law.It also sets forth procedures for amend-ment of judgments, judgment on partialfindings, and submission of agreed state-ment of facts. The rule is based on Rule 52,ARCP.

Rule 83. Motion for New TrialThis rule sets forth procedures andrequirements to request a new trial. Therule is based on Rule 59, ARCP, andincludes the same time period for filing,although it is tailored to family law prac-tice.

Rule 84. Motion to Alter or Amend a Judgment or Decree

This rule sets forth the procedure and timeperiod for filing a motion to alter or amenda judgment or decree, and is based on Rule59(l), ARCP.

Rule 85. Motion to Correct Mistakes; Relief from a Judgment or Decree

This rule sets forth procedures and timeperiods for filing motions to correct mis-takes and for relief from judgment or

decree. It is based on Rule 60, ARCP.

Rule 86. Harmless ErrorThis rule sets forth the standard for harm-less error in family law proceedings, and isbased on Rule 61, ARCP.

Rule 87. Stay of ProceedingsThis rule sets forth the procedures forseeking a stay of proceedings, including aprovision for automatic stay of moneyjudgments against the state and politicalsubdivisions during appeal. It is based onRule 62, ARCP.

Rule 88. Disability of a JudgeThis rule sets forth procedures for com-pleting a trial or hearing after the judgepresiding is disabled. It is based on Rule63, ARCP.

Rule 89. Judgment for Specific Acts;Vesting Title

This rule sets forth procedures for carryingout judgments for specific acts, such astransferring or conveying property, whenthe party required to act fails or refuses todo so. It is based on Rule 70, ARCP.

Rule 90. Process on Behalf of andAgainst Persons Not Parties

This rule provides that when an order ismade in favor of a person who is not a partyto the action, that person may enforce obe-dience to the order by the same process asif a party, and, when obedience to an ordermay be lawfully enforced against a personwho is not a party, that person is liable tothe same process for enforcing obedience tothe order as if a party. The rule is based onRule 71, ARCP.

Section XI. Post-Decree/Post-JudgmentProceedings

Rule 91. Post-Decree/Post-Judgment Proceedings

This rule is unique to family law practiceand sets forth specific procedures and timeperiods for post-judgment and post-decreeproceedings, including modification andenforcement of prior orders. Matters thatwill require an evidentiary hearing shall bebrought before the court using a “petitionfor order to appear” (often currently

referred to as a “petition for order to showcause”). The rule emphasizes the need tocomply with A.R.S. § 25-411 in custodymodification cases. The rule also prescribesdisclosure requirements and sanctions forfailure to comply with the rule.

Section XII. Civil Contempt and Arrest Warrants

Rule 92. Civil Contempt and Sanctionsfor Non-Compliancewith a Court Order

This rule sets forth procedures for civilcontempt and purging of civil contempt infamily law cases. It requires regular reviewhearings for incarcerated contemnors atleast every 35 days.

Rule 93. Seizure of Person or PropertyThis rule provides for seizure of person orproperty and is based on Rule 64, ARCP.

Rule 94. Civil and Child Support Arrest Warrants

This rule defines civil and child supportarrest warrants, and provides proceduresfor their issuance. The rule is based in onRule 64.1, ARCP, and A.R.S. §§ 25-681to 25-685.

Section XIII. Other Family LawServices andResources

Rule 95. Other Family Law Services and Resources

This rule lists other family law services and

R U L E S O N T H E W E BThe new rules, together withCommittee and work group

membership, and other informa-tion about the evolution of the

rules, may be found on theCommittee’s Web site at

www.supreme.state.az.us/drrc.Any questions or comments

regarding the Arizona Rules ofFamily Law Procedure may beforwarded to AdministrativeOffice of the Courts (AOC)

Court Specialist Konnie YoungNeal, who ably staffed the

Committee, atkneal@supreme.sp.state.az.us.

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The New Arizona Rules of Family Law Procedure

1. The term therapeutic jurisprudence doesnot actually appear in the rules, but certainaspects of the concept guided several mem-bers of the Committee. For a more in depthdiscussion of the concept, see “TherapeuticJustice: Defining a Controversial YetTransformative Concept,” which is Chapter37 of THE IMPROVEMENT OF THE

ADMINISTRATION OF JUSTICE (American BarAssociation, 2002).

2. See John H. Grych, Interparental Conflictas a Risk Factor for Child Maladjustment:Implications for the Development ofPrevention Programs, FAMILY COURT REV.(Association of Family and ConciliationCourts, January 2005), and sources citedtherein.

3. This recommendation was also included, insomewhat less detail, in the December 1998Final Report and Recommendations of theCommittee.

4. The Committee on Rules of Procedure inDomestic Relations Cases was established inJuly 2003, by Supreme CourtAdministrative Order 2003-63, and is com-prised of 16 members who are judges,attorneys, mental health professionals andcourt personnel from around the state.

resources that may be available to thecourt in appropriate family law cases. Therule is not intended to require any countyto provide any particular service orresource.

Rule 96. ReservedAs originally drafted, this rule required thecourts to follow the procedural require-ments of the Domestic ViolenceBenchbooks issued by the Supreme Courtof Arizona (available at the Committee onthe Impact of Domestic Violence and theCourts Web site:www.supreme.state.az.us/cidvc/). Ratherthan adopting this approach, the Courtasked the two affected committees to forma new Domestic Violence RulesCommittee to consider rules of procedurefor domestic violence cases.

Section XIV. Family Law FormsRule 97. Family Law FormsThis rule provides an index of formsreferred to in these rules, and is based onRule 84, ARCP.

endnotes

AZAT

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