Superior Court of Arizona in Pima County
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Communication
Phone
Clerk
Page & Word Limits1 rule
The joint motion must not exceed 3 pages of text (1-1/2 pages per side).
- Joint motion
- Up to 3 pages
- Discovery motions
Document Format Requirements2 rules
each party filing a Petition or Response must file an original and one copy of an Affidavit Regarding Minor Children on a form approved by the Court.
Prepared forms must be printed and filed with the Clerk of the Superior Court, 110 W. Congress, Tucson, Arizona 85701.
- File type
- Paper
Document Filing Requirements55 rules
A Civil Case Cover Sheet must be completed, indicating all plaintiffs and defendants.
The answer must be filed by the deadline stated in the summons, and in a FASTAR case it must include a FASTAR Controverting Certificate.
Court's wording
An Answer responding to the allegations set forth in the Complaint must be filed within the time requirements (see Summons; refer to rules) and if it is a FASTAR case, must be accompanied by a FASTAR Controverting Certificate (FASTAR Rule 102(b) (Word)
After the answer period expires, the plaintiff must request default judgment for the relief sought; no default will be entered if the request is not filed.
Court's wording
If the time to answer has passed (refer to rules), plaintiff shall file a request for default judgment for the relief requested in the Complaint in an effort to resolve the action as to the defaulted party(ies). If a request is not filed, a default will not be entered.
The complaint must state the allegations against defendants and the relief sought.
Court's wording
The Complaint (initiating pleading) is filed at the civil desk with Clerk of the Court, if a self-represented litigant, (1st floor of the courthouse) or electronically filed, if an attorney, setting forth the allegations against defendants and relief sought.
An Application for Default/Entry of Default and Motion for Default Judgment must be filed and proper notice given to party against whom the default is to be taken.
Each party filing a petition or response in the listed family-law actions must file a court-approved Affidavit Regarding Minor Children, but no affidavit is required when there are no minor children.
Court's wording
In every action for Annulment, Dissolution, Legal Separation, Legal Decision-Making and Parenting Time, Legal Decision-Making or Placement or Visitation by a Third Party or Modification of Legal Decision-Making, each party filing a Petition or Response must file an original and one copy of an Affidavit Regarding Minor Children on a form approved by the Court. The Clerk of the Court will deliver a copy of all Affidavits Regarding Minor Children to the Director of the Conciliation Court each business day. If there are no minor children, parties need not file an Affidavit Regarding Minor Children.
A party who opposes the scheduling of a trial requested in a Motion to Set and Certificate of Readiness may file a Controverting Certificate, with a copy to the opposing party, the assigned division, and the Case Management Services department, within 10 days after service of the Motion to Set and Certificate of Readiness.
In all cases set for trial, the parties and attorneys must participate in a domestic settlement conference, governed by Rule 67.4, ARFLP, before the trial, unless otherwise ordered.
Personal appearance may not be made by telephone unless permission to appear by telephone is granted by the assigned division pursuant to a motion or stipulation submitted at least 30 days before the date of the settlement conference.
Unless the court has already set a trial, a party must file a Motion to Set and Certificate of Readiness, on a form approved by the Court, consistent with Rule 77, ARFLP.
If division of assets or debts is at issue, a completed Inventory of Property on a form approved by the Court and signed by the parties must be timely exchanged.
All documents in family law cases must be filed with the Clerk of the Court, unless otherwise directed in these Rules.
The parties must personally appear at the settlement conference unless the assigned division waives the requirement of personal appearance.
In any proceeding where the establishment or modification of child support is the sole financial issue, a child support financial affidavit must be filed.
In all other proceedings where spousal maintenance or a request for an award of attorney’s fees or expenses is at issue, a spousal maintenance financial affidavit must be filed.
The opposing party must file the required financial affidavit, a copy of which must be provided to the party’s attorney, or, if self- represented, to the party in a timely manner.
The Order to Appear must specifically direct both parties to comply with Rule 49 and/or 91, ARFLP, as appropriate.
Should the parties reach an agreement and submit a stipulation to the Court to modify child support they must submit a proposed form of Child Support Order, Income Withholding Order and a child support worksheet containing detailed information supporting compliance with or a deviation from the Child Support Guidelines.
The opposing party must file the required financial affidavits, and provide a copy to the applicant’s attorney, or if self-represented, the applicant, in a timely manner.
The Order to Appear must specifically direct the respondent to comply with Pima County Local Rule 3.5.
The original must be filed with the Clerk of the Court and a copy must be provided to the Case Management Services department and the assigned trial division.
Counsel who will try the case and who are authorized to make binding stipulations on behalf of the parties, or the parties themselves, if self- represented, must confer and prepare the pretrial statement, signed by each party or counsel.
In every family law case set for trial or scheduling conference, including any bifurcated portion of such trial, a pretrial statement must be filed.
The parties or, if represented, their counsel must each file with the joint or separate pretrial statement, a Proposed Legal Decision-Making or Parenting Time Plan if parenting time or legal decision-making are not resolved.
that party must file the original documentation of completion with the Clerk of the Court and provide a copy to the opposing attorney or party if self-represented.
A Request for Mediation must be submitted to the Court when a post- decree petition to modify parenting time and/or legal decision-making is filed.
A party requesting mediation must provide to the assigned division 5 days after the expiration of the response period, a Request for Order Granting or Denying a Request for Mediation, and a separate form of Order Granting or Denying Request for Mediation.
The original Request for Mediation must be filed with the Clerk of the Court and copies of the Request must be provided to the Conciliation Court and the assigned judge.
The original request for mediation must be filed with the Clerk of the Court with copies provided to the Conciliation Court and the assigned judge.
At the same time the objecting party files a notice of objection, that party must submit to the opposing attorney, or to the party if self-represented, a statement setting forth the specific objections to the agreement and a proposal for resolution.
Petitions for Conciliation must state, in addition to the requirements of A.R.S. § 25-381.11, whether there is a pending legal proceeding between the parties.
Any defendant who disagrees with the plaintiff's FASTAR certificate must file a controverting certificate that specifies the reason for disagreement.
At the time of filing any civil complaint requesting only money damages not exceeding $50,000 for any claimant, the plaintiff must file a separate FASTAR certificate.
The defendant must file the controverting certificate with the answer or with a Rule 12 motion, whichever is filed first.
When filing the complaint, or not later than 20 days after the first filing by any defendant, the plaintiff must file and serve on the defendant a Form 103(b) “Choice Certificate.” The Choice Certificate must state whether the plaintiff chooses to proceed by Fast Trial or by Alternative Resolution.
The parties must include with their joint motion a good faith consultation certificate that complies with Civil Rule 7.1(h).
- Document
- Joint motion
Must include
- •Certificate of conference
Unless the parties agree otherwise, or the offering party shows good cause, a party may not call a witness or offer an exhibit at trial other than those listed and exchanged. Legal objections to any exhibits listed are deemed waived unless specifically stated.
Unless the parties have stipulated to waive a jury, no later than 10 days before the trial date the parties must file an agreed upon set of jury instructions, verdict forms, and voir dire questions.
At least 15 days before trial, the parties must prepare and submit a joint pretrial statement containing the listed claims or defenses, witnesses, exhibits and objections, stipulations, and trial-time estimate.
- Document
- Joint pretrial statement
Must include
- •Exhibit list
Court's wording
(b) Pretrial Statement. No later than 15 days before trial, the parties must confer, prepare, file, and submit to the judge a joint pretrial statement. The parties are encouraged to agree on facts and issues. The statement must contain the following: (1) a brief statement of the nature of each party's claims or defenses; (2) a witness list including the subject matter of a witness's testimony for each witness who will testify; (3) an exhibit list and specific legal objections to any exhibits; (4) the parties' stipulations concerning undisputed facts and issues; and (5) the estimated time required for trial.
(1) Requirement. No later than 10 days before the hearing, the parties must confer, prepare, and submit to the arbitrator a joint written prehearing statement. The parties are encouraged to agree on facts and issues.
The prehearing statement must summarize each party's claims or defenses, list witnesses and the subjects of their testimony, list exhibits, and estimate the hearing duration.
Court's wording
(2) Content. The statement must contain the following: (A) a brief statement of the nature of each party's claims or defenses; (B) a witness list including the subject matter of witness testimony for each witness who will be called to testify; (C) an exhibit list; and (D) the estimated time required for the Alternative Resolution hearing.
A notice of appeal must be entitled “Appeal from Alternative Resolution and Motion for Trial Setting.” The notice must request that the case be set for trial in the superior court and must state whether a jury trial is demanded and the estimated length of trial.
At the time a complaint is filed, the Plaintiff must file a separate statement with the Court indicating whether the case is subject to the FASTAR program.
Once Defendant has answered, Plaintiff must file a Choice Certificate, indicating whether Plaintiff elects a Fast Trial or elects Alternative Resolution.
When filing a complaint, the Plaintiff must file a FASTAR Certificate, which is a separate statement with the Court indicating whether the case is subject to the FASTAR program.
Either party may request a hearing of a motion by submitting a Notice of Hearing to the assigned judicial officer and a date and time for the hearing will be assigned.
The Controverting Certificate must state any objections to the Motion to Set and Certificate of Readiness.
The Order to Appear must not require the production of any additional documents, but this does not preclude the applicant from requesting additional documents through discovery procedures.
Required documents must be exchanged with the opposing party, not filed with the court, and brought to trial or hearing as evidence.
Court's wording
Copies of all documents required by Pima County Local Rule 3.5(A)(3) and the ARFLP must be exchanged with the opposing party but shall not be filed with the Court, and must be brought to the trial or hearing for use as evidence.
The pretrial statement in family law cases must comply with Rule 76.1(f), ARFLP, and shall be in a form substantially similar to the court- approved form.
The original Notice of Program Completion—Parent Education Course must be filed with the Clerk of the Court by the Conciliation Court. Each party must promptly provide a copy of the Notice of Program Completion to the opposing party or attorney, unless otherwise ordered by the Court.
The parties must also acknowledge in the written agreement that the private mediator has received a copy of Pima County Local Rule 3.10.
(3) No later than 20 days after the Notice of Appeal is served, the appellee may serve a “List of Witnesses and Exhibits Intended to be Used at Trial” that complies with Rule 26.1.
If a default hearing is to be scheduled before the hearing officer, please refer to Hearing Officer’s Court Proceedings for further information.
In all cases a party may choose to use the Affidavit of Financial Information in the Appendix to Rule 97, ARFLP.
Filing & Service rules
Electronic Filing Rules
Self-represented litigants file motions at the clerk's office, while attorneys file motions electronically through AZTurboCourt.
Motions shall be filed with the Clerk’s Office (if a self-represented litigant) or electronically via AZTurboCourt (if filer is an attorney).
Page 1 | DISCOVERY PHASE (ARCivP 33 – 37)
A represented litigant's complaint is filed electronically, while a self-represented litigant may file at the civil clerk's desk or elect to file electronically through AZTurboCourt.
The Complaint (initiating pleading) is filed at the civil desk with Clerk of the Court, if a self-represented litigant, (1st floor of the courthouse) or electronically filed, if an attorney, setting forth the allegations against defendants and relief sought. NOTE: A self-represented litigant has the option to sign up with AZTurboCourt and file electronically utilizing the instructions for Pima County.
Page 1 | COMMENCEMENT OF ACTION (ARCivP 3; PCLR 2.12)
Attorneys practicing before the Arizona Superior Court in Pima County must electronically file all civil case documents.
As of June 30, 2015, it became mandatory for all attorney’s practicing before the Arizona Superior Court in Pima County to e-file all civil case documents.
Page 1 | CIVIL E-FILING IN PIMA COUNTY
The mandatory e-filing requirement does not apply to self-represented litigants or the case types and documents identified in Administrative Order No. 2015-31.
This mandatory e-filing does not apply to self-represented litigants or those case types and other documents set out in Administrative Order No. 2015-31 issued by the Supreme Court of Arizona.
Page 1 | CIVIL E-FILING IN PIMA COUNTY
Self-represented litigants may elect to file civil documents on paper through the Civil Clerk’s Office or enroll in electronic filing.
Self-represented litigants have the option of paper filing through the Clerk’s Office (Civil) or signing up for e-filing.
Page 1 | CIVIL E-FILING IN PIMA COUNTY
Filing Timing and Cure Windows
In a non-FASTAR case, service ordinarily must be completed within 90 days; if it is not, the plaintiff receives notice and then has 30 additional days to serve all unserved defendants.
For non FASTAR cases, if service of process has not been made within 90 days from the filing of the Complaint, a notice is sent to plaintiff(s) that service must be completed in 30 days of all unserved defendant(s).
Page 1 | SERVICE OF SUMMONS AND COMPLAINT (ARCivR 4)
A FASTAR case is administratively dismissed if the plaintiff does not complete service within the 15-day period and does not seek an extension.
If service is not made within 15 days and no extension is sought, the case is administratively dismissed by the Court.
Page 1 | SERVICE OF SUMMONS AND COMPLAINT (ARCivR 4)
Motions to dismiss and motions for summary judgment must be filed at least 90 days before trial, or at least 60 days before trial in a FASTAR case.
EXCEPTIONS: Motions to Dismiss and Motions for Summary Judgment must be filed no later than 90 days (or 60 days if a FASTAR case) prior to trial.
Page 1 | DISCOVERY PHASE (ARCivP 33 – 37)
In a non-FASTAR case, failure to complete service within 120 days after filing the summons and complaint results in administrative dismissal without further notice to the plaintiff.
If service is not made within 120 days of the filing of the Summons and Complaint, the case is administratively dismissed by the Court requiring no further notification to plaintiff(s).
Page 1 | SERVICE OF SUMMONS AND COMPLAINT (ARCivR 4)
The complaint, cover sheet, and filing fee must be submitted together because the clerk will not accept the matter for filing if they are not submitted at the same time.
If all of the above are not submitted at the same time with the Complaint, the Clerk’s Office will not accept the matter for filing.
Page 1 | COMMENCEMENT OF ACTION (ARCivP 3; PCLR 2.12)
In a FASTAR case, if service is not completed within 90 days after the complaint is filed, notice is sent directing service on all unserved defendants within 15 days.
For FASTAR cases, if service of process has not been made within 90 days from the filing of the Complaint, a notice is sent to plaintiff(s) that service must be completed in 15 days of all unserved defendant(s).
Page 1 | SERVICE OF SUMMONS AND COMPLAINT (ARCivR 4)
The court will set a case for trial or a scheduling conference within 60 to 120 days after ruling on the Motion to Set and Certificate of Readiness, except in extraordinary circumstances.
Cases will be set for trial or a scheduling conference within 60 to 120 days after a Motion to Set and Certificate of Readiness is ruled upon, except in extraordinary circumstances.
Page 3 | Rule 3 - Family Law Cases
Required pretrial statements must be filed at least 20 days before the scheduled trial or scheduling conference, or by the date ordered in the family law trial notice.
Pretrial statements required by Rule 76.1(f), ARFLP, must be filed no later than 20 days before the date set for trial or Scheduling Conference, or on the date ordered in the family law trial notice.
Page 7 | 3.7 Pretrial Statement
An attorney must file a notice of objection within 30 days after the mediation agreement is signed and no later than three court days before any scheduled hearing or trial, and provide a copy to the Conciliation Court.
An attorney must file a notice of objection within 30 days after the date of the signing of the agreement, but in no event less than 3 court days before any hearing or trial set for legal decision-making and/or parenting time, and provide a copy of the notice of objection to the Conciliation Court.
Page 11 | (D) Mediation Agreement
A timely-served defendant who has not answered or otherwise responded within 120 days after the complaint is filed will be dismissed without prejudice unless the plaintiff files a Rule 55 default application before the 120th day.
The court will dismiss without prejudice any timely-served defendant who did not file an answer or other response within 120 days after the filing date of the complaint, unless the plaintiff has filed a Rule 55 application for the entry of default of that defendant before the 120th day.
Civil cases
Page 4 | Rule 104. Modification of Civil Rule 4(i) Regarding Time for Service; Dismissal of an Unserved or Timely-Served Defendant
A defendant outside Arizona must respond to the complaint within 45 days after the waiver was sent.
defendant who is outside Arizona must file a response to the complaint within 45 days after the waiver was sent.
Civil cases
Page 5 | Rule 104. Modification of Civil Rule 4(i) Regarding Time for Service; Dismissal of an Unserved or Timely-Served Defendant
The joint pretrial statement must be filed and submitted to the judge no later than 15 days before trial.
No later than 15 days before trial, the parties must confer, prepare, file, and submit to the judge a joint pretrial statement.
Civil cases
Page 9 | Rule 112. Disclosure and Discovery in Fast Trial Cases
The agreed-upon set of jury instructions, verdict forms, and voir dire questions is due no later than 10 days before the trial date.
Unless the parties have stipulated to waive a jury, no later than 10 days before the trial date the parties must file an agreed upon set of jury instructions, verdict forms, and voir dire questions.
Civil cases
Page 9 | Rule 112. Disclosure and Discovery in Fast Trial Cases
The arbitrator must file the notice of decision with the court within 10 days after completing the hearing.
Within 10 days after completing the hearing, the arbitrator must: (1) file a notice of decision with the court;
Civil cases
Page 17 | Rule 124. Arbitrator's Decision, Award, and Judgment
If no motion to enter judgment is filed within the stated 30-day period, the court must dismiss the action without prejudice, order appropriately regarding posted security, and need not provide further notice.
If no motion is filed within that time, the court must dismiss the action without prejudice and enter an appropriate order regarding any posted security. No further notice to the parties is required before dismissing the action.
Civil cases
Page 18 | Rule 124. Arbitrator's Decision, Award, and Judgment
If the arbitrator does not file an award within 40 days after filing the notice of decision, the notice of decision becomes the arbitrator's award.
If the arbitrator does not file an award within 40 days after filing the notice of decision, the notice of decision will constitute the arbitrator's award.
Civil cases
Page 18 | Rule 124. Arbitrator's Decision, Award, and Judgment
Within 10 days after receiving objections, the arbitrator must rule on them and file one signed original award with the clerk.
Within 10 days of receiving the objections, the arbitrator must rule on the objections and file one signed original award with the clerk.
Civil cases
Page 18 | Rule 124. Arbitrator's Decision, Award, and Judgment
If no party files a motion to enter judgment within 90 days of the filing of the notice of decision and if no appeal is pending, the clerk or court administrator must notify the parties in writing that the action will be dismissed without prejudice unless a motion to enter judgment is filed within 30 days after the date of the notice.
If no party files a motion to enter judgment within 90 days of the filing of the notice of decision and if no appeal is pending, the clerk or court administrator must notify the parties in writing that the action will be dismissed without prejudice unless a motion to enter judgment is filed within 30 days after the date of the notice.
Civil cases
Page 18 | Rule 124. Arbitrator's Decision, Award, and Judgment
A Request for Waiver of Service served with the complaint must be returned within 15 days.
If a Request for Waiver of Service is served with the Complaint, the Waiver must be returned within 15 days.
Civil cases
Page 1 | FASTAR Description and Procedures
A defendant must respond to the complaint within 20 days after service.
Once served, a Defendant must respond to the complaint within 20 days.
Civil cases
Page 1 | FASTAR Description and Procedures
Unless a different deadline applies, motions should be filed early enough for disposition at least 30 days before trial.
The motions should be filed soon enough to be disposed of at least 30 days before trial.
Page 1 | DISCOVERY PHASE (ARCivP 33 – 37)
A party served with a Request for Mediation may file a written response within 20 days after service, and failure to respond may be deemed consent to the request.
The party served with the Request for Mediation may file a written response to the Request for Mediation within 20 days of the date of service.
Page 10 | (3.10)(B)(2)(c)(iii) Procedure
The court must give the plaintiff at least 20 days' notice before dismissing a defendant in a multi-defendant case or dismissing a case with only one defendant.
The court will provide the plaintiff at least 20 days' notice before dismissing that defendant in a multi-defendant case, or before dismissing a case that has only one defendant.
Civil cases
Page 4 | Rule 104. Modification of Civil Rule 4(i) Regarding Time for Service; Dismissal of an Unserved or Timely-Served Defendant
An opposing party may file objections to the proposed award within 5 days after receiving it.
Within 5 days of receiving the proposed form of award, an opposing party may file objections.
Civil cases
Page 18 | Rule 124. Arbitrator's Decision, Award, and Judgment
Within 10 days after the notice of decision is filed, either party may submit a proposed form of award to the arbitrator.
Within 10 days after the notice of decision is filed, either party may submit a proposed form of award to the arbitrator.
Civil cases
Page 18 | Rule 124. Arbitrator's Decision, Award, and Judgment
Service and Proof of Service Rules
After service and answer, copies of every subsequent filing must be provided to the assigned judicial officer and all other parties.
REMEMBER: Once a matter has been served and the parties have answered, copies of all subsequent filings must be provided to the assigned judicial officer and all other parties in the action.
Page 1 | DISCOVERY PHASE (ARCivP 33 – 37)
The filing party, rather than the court, is responsible for serving the complaint and summons on the defendants.
Service of the Complaint and Summons must then be made upon defendant(s). This is the responsibility of the filing party, not the Court.
Page 1 | SERVICE OF SUMMONS AND COMPLAINT (ARCivR 4)
After service is completed, an affidavit stating the date, time, and place of service must be filed with the civil clerk or electronically filed.
Upon completion of service, an Affidavit of Service is filed with the Clerk’s Office (Civil) or electronically filed setting forth the date, time and place of service.
Page 1 | SERVICE OF SUMMONS AND COMPLAINT (ARCivR 4)
Required family-law disclosures must be provided to the opposing attorney or self-represented party and must not be filed.
Disclosures required by Rules 49 and 91(m), ARFLP, must be provided to the opposing attorney or party, if self-represented, but must not be filed
Page 2 | Rule 3 - Family Law Cases
A copy of the Motion to Set and Certificate of Readiness must be provided to the opposing party, the assigned division, and Case Management Services.
A copy must be provided to the opposing party, the assigned division, and the Case Management Services department.
Page 3 | Rule 3 - Family Law Cases
Copies of filed documents must be provided to the opposing party or, if represented, that party's attorney.
Copies must be provided to the opposing party, or if represented, to their attorney.
Page 3 | Rule 3 - Family Law Cases
In child-support establishment or modification matters, a party must timely provide the required Rule 49(e) and/or Rule 91(m) documents to the other represented party or self-represented party without filing them with the clerk.
When seeking establishment or modification of child support, a party must timely provide to the other party’s attorney or to the party if self-represented, but not file with the Clerk of the Court, the documents as required by Rules 49(e) and/or 91(m), ARFLP.
Page 5 | Rule 3 - Family Law Cases
In spousal-maintenance and attorney-fee or expense matters, a party must timely provide the required documents to the other represented or self-represented party without filing them with the clerk.
When seeking establishment or modification of spousal maintenance, and/or an award of attorney’s fees and costs, or expenses, a party must timely provide to the other party’s attorney, or, to the party if self-represented, but not file with the Clerk of the Court, the documents as required by Rule 49(f) and /or91(m), ARFLP.
Page 5 | Rule 3 - Family Law Cases
For a request for temporary spousal maintenance, child support, attorney fees, or expenses, the requester must serve a blank financial affidavit and a copy of Pima County Local Rule 3.5 in addition to the documents required by Rules 47–47.2.
In addition to the documents required by Rules 47-47.2, ARFLP, when a request for an Order to Appear is made for temporary spousal maintenance, child support, or a request for an award of attorney fees and/or expenses, the requesting party must serve a blank copy of the required financial affidavit and a copy of Pima County Local Rule 3.5.
Page 5 | Rule 3 - Family Law Cases
In a spousal-maintenance modification, the opposing party must timely provide a copy of the filed financial affidavits to the applicant’s attorney or, if self-represented, to the applicant.
The opposing party must file the required financial affidavits, and provide a copy to the applicant’s attorney, or if self-represented, the applicant, in a timely manner.
Page 5 | Rule 3 - Family Law Cases
A requester filing a petition to modify child support generally must serve a blank financial affidavit and a copy of Pima County Local Rule 3.5.
When a party files a petition for modification of child support, the requesting party must serve a blank copy of the required financial affidavit and a copy of Pima County Local Rule 3.5.
Page 5 | Rule 3 - Family Law Cases
A requester filing a petition to modify spousal maintenance must serve a blank financial affidavit and a copy of Pima County Local Rule 3.5.
When a party files a petition for modification of a prior order for spousal maintenance, the requesting party must serve a blank copy of the required financial affidavit and a copy of Pima County Local Rule 3.5.
Page 5 | Rule 3 - Family Law Cases
A timely copy of the financial affidavit must be provided to the opposing party’s attorney or, if self-represented, to the opposing party.
The opposing party must file the required financial affidavit, a copy of which must be provided to the party’s attorney, or, if self- represented, to the party in a timely manner.
Page 5 | Rule 3 - Family Law Cases
Any document or financial-affidavit copy required by the rule must be provided to the other party no later than three court days before the hearing.
Whenever this rule requires a party to provide documents or the relevant financial affidavit, a copy must be provided to the other party no later than 3 court days before the date set for hearing.
Page 5 | Rule 3 - Family Law Cases
In an enforcement action, the listed financial documents must be exchanged with the other party but must not be filed with the clerk or attached to filed papers.
In an action to enforce an order to pay child support, spousal maintenance, or attorney fees and expenses, the documents listed below must not be filed with the Clerk of the Court or attached to any papers filed with the Clerk of the Court, but must be provided to the other party.
Page 6 | Rule 3 - Family Law Cases
The opposing party must provide the applicant’s attorney, or the self-represented applicant, specified tax returns, four recent wage statements, applicable W-2, 1099 and K-1 forms, and any payment-support documents, without filing them with the clerk.
The opposing party must also provide the applicant’s attorney, or if self-represented, the applicant, copies of the following documents but must not file the documents with the Clerk of the Court: (1) That party’s most recently filed federal and state income tax returns, with all schedules; (2)That party’s 4 most recent consecutive wage statements from all employment; (3) That party’s most recent W-2, 1099, and K-1 forms, as applicable; and (4) Where the opposing party claims sums sought by the applicant have been paid, receipts or statements supporting the opposing party’s claim.
Page 6 | Rule 3 - Family Law Cases
The written Request for Mediation must be served on the other party under Rule 41, and proof of service must be filed with the Clerk.
A copy of the written Request for Mediation must be served on the other party pursuant to Rule 41, ARFLP, and proof of service must be filed with the Clerk.
Page 10 | (3.10)(B)(2)(c)(ii) Procedure
The plaintiff must serve the FASTAR certificate on every defendant together with the summons and complaint.
The plaintiff must serve the FASTAR certificate on each defendant with the summons and complaint.
Civil cases
Page 2 | Rule 102. Certificates; Forms
When an order permitting service by publication is obtained within 90 days after filing, the affidavit of publication must be filed within 130 days after filing the complaint.
If a plaintiff obtains an order permitting service by publication under Civil Rule 4.1(l) or Civil Rule 4.2(f) within 90 days after the filing date of the complaint, the affidavit of publication must be filed within 130 days of the filing date of the complaint.
Civil cases
Page 3 | Rule 104. Modification of Civil Rule 4(i) Regarding Time for Service; Dismissal of an Unserved or Timely-Served Defendant
The plaintiff must file proof of timely service within 90 days after filing, or within 130 days when service by publication applies, and must cure a missing proof of service within 15 days of the court's notice to avoid dismissal without prejudice.
If the plaintiff does not file proof of timely service within 90 days after filing the complaint or within 130 days if subsection (b) applies, the court will notify the plaintiff that it will dismiss the action without prejudice as to any unserved defendant 15 days after the date of the court's notice, and without further notice, unless the plaintiff files proof of timely service within those 15 days.
Civil cases
Page 3 | Rule 104. Modification of Civil Rule 4(i) Regarding Time for Service; Dismissal of an Unserved or Timely-Served Defendant
In FASTAR cases, the plaintiff must serve the summons and complaint on every defendant within 90 days after filing the complaint.
The time limit of Civil Rule 4(i) does not apply to FASTAR cases. Instead, a plaintiff must serve the summons and complaint on every defendant within 90 days after the filing date of the complaint.
Civil cases
Page 3 | Rule 104. Modification of Civil Rule 4(i) Regarding Time for Service; Dismissal of an Unserved or Timely-Served Defendant
A defendant located inside or outside Arizona must return the request for waiver of service within 15 days after the plaintiff sends it.
Regardless of whether a defendant is within or outside of Arizona, a defendant must return a request for waiver of service within 15 days after the plaintiff sent it.
Civil cases
Page 4 | Rule 105. Modification of Civil Rules 4.1 and 4.2 Regarding Waiver of Service
A defendant located within Arizona must file a response to the complaint within 35 days after the plaintiff sends the waiver of service.
A defendant who is within Arizona must file a response to the complaint within 35 days after the plaintiff sent the waiver of service.
Civil cases
Page 4 | Rule 105. Modification of Civil Rules 4.1 and 4.2 Regarding Waiver of Service
The parties must serve their initial disclosure no later than 30 days after the first answer is filed, unless they agree or the arbitrator orders otherwise.
Unless the parties agree or the arbitrator orders otherwise, the parties must serve their initial disclosure no later than 30 days after the filing date of the first answer.
Civil cases
Page 14 | Rule 122. Prehearing Procedures (a) Initial Disclosure
On the same day the award is filed, the arbitrator must mail or otherwise deliver copies to all parties.
On the same day, the arbitrator must mail or otherwise deliver copies of the award to all parties.
Civil cases
Page 18 | Rule 124. Arbitrator's Decision, Award, and Judgment
The appellee may serve a Rule 26.1-compliant list of witnesses and exhibits no later than 20 days after the Notice of Appeal is served.
(3) No later than 20 days after the Notice of Appeal is served, the appellee may serve a “List of Witnesses and Exhibits Intended to be Used at Trial” that complies with Rule 26.1.
Civil cases
Page 21 | (f)
If a party fails to serve a timely witness-and-exhibit list, that party's trial witnesses and exhibits are deemed to be those in a previously filed list or the Rule 123(b) prehearing statement.
(4) If any party does not serve a timely “List of Witnesses and Exhibits Intended to be Used at Trial,” that party's trial witnesses and exhibits will be deemed to be those set forth in any such list previously filed in the action or in the prehearing statement submitted under Rule 123(b).
Civil cases
Page 21 | (f)
The Summons, Complaint, and FASTAR Certificate must be served on all other parties within 90 days.
The Summons, Complaint and FASTAR Certificate (certifying whether the cause qualifies for the program) must be served on all other parties within 90 days.
Civil cases
Page 1 | FASTAR Description and Procedures
The Court may permit only one 30-day extension of the service period, and no additional extension may be ordered.
Only one extension of 30 additional days to serve shall be permitted by order of the Court; the Court has no discretion to order more than one extension of time to serve.
Civil cases
Page 1 | FASTAR Description and Procedures
The parties may use private mediation as an alternative to Conciliation Court mediation only if they comply with Rule 67.3(d) and provide the notice to the Conciliation Court.
The parties may agree to mediate legal decision-making or parenting time disputes through a private mediator pursuant to Rule 67.3, ARFLP, as an alternative to mediation through the Conciliation Court only by complying with Rule 67.3(d), ARFLP, and providing a copy of the notice to the Conciliation Court.
Page 11 | (E) Private Mediation
All conciliation petitions and related pleadings must be filed with the Clerk of the Court and served on the opposing party.
All petitions and other pleadings filed pursuant to A.R.S. § 25-381.09 and Rule 68(b), ARFLP, must be filed with the Clerk of the Court and served upon the opposing party.
Page 12 | (3.11) Conciliation Court Services—Petitions for Conciliation
Filing Fees and Waivers
The defendant must pay the answer filing fee when filing the answer.
Defendant will be required to file an answer fee at the time of filing the Answer.
Page 1 | ANSWER TO COMPLAINT (ARCivP 12(a))
A filing fee must accompany the complaint, although it may be waived or deferred in extraordinary circumstances.
A filing fee must accompany the Complaint
Page 1 | COMMENCEMENT OF ACTION (ARCivP 3; PCLR 2.12)
A final order for joint legal decision-making, including one in a dissolution or legal-separation decree, cannot be entered until the responding party's appearance fee is paid.
A final order for joint legal decision- making, including a decree of dissolution of marriage or legal separation containing such order, may not be entered unless the responding party’s appearance fee has been paid.
Page 8 | 3.8 Responding Party’s Appearance Fee
Acceptable fee payments are cash, money orders, personal checks, and credit cards in person, or money orders and personal checks by mail.
In person - cash, money order, personal check (with driver's license number written in), or credit card. By mail - money order or personal check (with driver's license number written in).
Page 1 | DISCLAIMER
Filing fees and copying costs must be paid when filing these legal forms.
The Clerk of the Superior Court has a fee schedule for filing fees that must be paid with the filing of these legal forms and the cost of making copies.
Page 1 | DISCLAIMER
No filing or appearance fee may be charged for filing the opposing party's financial affidavit unless the law provides otherwise.
No filing or appearance fee may be charged for the filing of the opposing party’s financial affidavit, unless otherwise provided by law.
Page 4 | Rule 3 - Family Law Cases
Sealing & Redaction Procedures
The report must be filed with the Court and will be sealed by court order, remaining inaccessible unless the Court orders it opened or viewed.
The report must be filed with the Court and an order will be entered sealing the report, to be opened or viewed only by Court order.
Page 13 | Rule 3 - Family Law Cases
Adjournment & Extension Requirements
Upon showing timely and diligent efforts, the court may grant one service-deadline extension for only as long as necessary and never more than 30 days; the extension order must extend all other rule deadlines by the same number of days.
Upon a showing that, despite timely and diligent efforts, the plaintiff has been unable to serve a defendant within the 90 days permitted by this rule, the Court may permit one extension of the service deadline. The extension may only be for so long as necessary for the plaintiff to complete service with immediate and diligent efforts, and in no circumstance may exceed 30 days. Any order permitting such an extension must include an order extending all other deadlines under the rules by the same number of days granted in the extension.
Civil cases
Page 4 | Rule 104. Modification of Civil Rule 4(i) Regarding Time for Service; Dismissal of an Unserved or Timely-Served Defendant
For good cause, the court may extend the time for conducting discovery or serving a supplemental list of witnesses and exhibits.
(6) For good cause, the court may extend the time to conduct discovery or to serve a supplemental list of witnesses and exhibits.
Civil cases
Page 21 | (f)
Chambers Communication Rules
To admit exhibits for trials, contact the exhibits division of the Clerk of the Court’s office.
To admit exhibits for trials, please contact the exhibits division of the Clerk of the Court’s office.
Civil cases
Page 1 | Other Court Numbers