Access
Parenting time with child.
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A.R.S. or ARS
Arizona Revised Statutes: Books containing the laws that the Arizona Legislature has enacted.
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Acquit
To find a criminal defendant not guilty.
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Action
A dispute taken to court to be settled. Same as "case," "suit" and "lawsuit" when used in the courtroom context.
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Adjudicate
To make a final decision; to give a judgment or a decree.
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Administrative Process
A quasi-judicial system created by statute or rule to determine legal rights.
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Admissible
Evidence that is properly introduced in a trial.
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Adversary System
Method used in the courts of the United States to settle legal disputes. Both parties in the case tell their story to the judge and/or jury for resolution.
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Affiant
Someone who makes and signs an affidavit.
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Affidavit
A written statement of fact, signed and sworn to in front of a notary or a person who has the right to administer an oath.
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Affirm
To uphold a decision made by a lower court.
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Age of Majority
Age at which the duty of support terminates. Currently age 18 in Arizona unless the child is actually attending high school, a certified high school equivalency program, or is disabled.
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AHCCCS
Arizona Health Care Cost Containment System.
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Aid to Families with Dependent Children (AFDC)
A category of public assistance paid on behalf of children who are deprived of support by one or both of their parents due to disability, or continued absence (including desertion) from the home.
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Alimony
Support for a spouse or former spouse ordered by the court, this arrangement may be temporary or permanent. In a IV-D case this can be enforced only when there is an accompanying child support order. Also known as Spousal Maintenance.
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Allegations
Statements against one party which the other party is prepared to prove.
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Alleged Father (Putative Father)
A person who has been named as the father of a child born out of wedlock, but for whom paternity has not yet been established.
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Alternative Dispute Resolution (ADR)
A process to resolve a dispute in lieu of traditional litigation e.g. mediation, arbitration or settlement conferences.
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Answer
Written response in a civil case; in it the defendant admits or denies the allegations of the plaintiff’s complaint and states any defenses that apply.
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Appeal
A request made to a higher court to reverse or modify a decision made by a lower court.
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Appearance
By coming into court, a defendant agrees to abide by the jurisdiction of the court; gives to the court an address to which the court can mail notices of hearings and other court documents; and a document identifying someone who is representing another. An attorney files a Notice of Appearance, making it known to the court that she or he is representing a specific individual.
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Appellant
The person/party appealing the judgment or decision of a court.
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Appellate Court
A court having jurisdiction (authority) to hear appeals.
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Appellee
The party against whom the appeal is taken.
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Applicant or Recipient (AR)
One who applies for and receives AFDC, Medical Assistance or Supplemental Nutritional Assistance Program (SNAP) benefits or any other type of public assistance.
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Arbitration - Binding
Binding Voluntary Arbitration is a process in which the disputing parties choose a neutral person to hear their dispute and resolve it by rendering a final and binding decision or award. Arbitration is an adversarial, adjudicative process designed to resolve the specific issues submitted by the parties. Arbitration differs significantly from litigation in that (1) it does not require conformity with the legal rules of evidence and procedure, (2) there is flexibility in timing and choice of decision makers, and (3) the proceeding is conducted in private rather than in a public forum. Binding arbitration awards are usually enforceable by courts, absent defects in the arbitration procedure.
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Arbitration - Non-Binding
Mandatory Non-binding Arbitration describes court-annexed arbitration programs. Court-appointed arbitrators hear cases subject to jurisdictional limits set by each county. The losing party has the right to a trial de novo (new trial) in the trial court.
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Arbitrator
An attorney selected to hear a case and settle the legal dispute without a formal trial.
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Arizona's Tracking and Location Automated System. (ATLAS)
Arizona's statewide automated system for IV-D child support cases.
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Arraignment
Court proceeding in which the defendant stands before the judge to answer criminal charges by entering a plea of guilty or not guilty.
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Arrearage or Arrears
An amount of money that is overdue; usually this refers to the amount of child support that has been ordered but has not been paid on time.
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Arrearage/Arrears Judgment
A written judicial determination of the amount of support past due for a specific period of time.
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Assignment of Rights
An eligibility requirement for TANF whereby the applicant or recipient must assign to the state all rights to support he or she may have in their own behalf or on behalf of a dependent child.
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Attachment
The act of seizing a person or property under the authority of a judicial order so that the person or property is before the court, subject to its judgment.
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Attorney-at-Law
One who is admitted to the State Bar of Arizona and who may represent clients in legal proceedings. Also called lawyers or counsel.
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Bail
Money or other form of security the judge requires to be held by the court to ensure that a criminal defendant, released while awaiting trial, will be in court for the trial. Bail is returned when the defendant returns for trial.
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Bailiff
Courtroom attendant responsible for keeping order in the courtroom and supervising the jury.
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Bench
The seat where a judge sits in court.
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Best Interest's Attorney
The court may appoint an attorney to represent the interests of a minor or dependent child with respect to the child's support, custody and parenting time.
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Biological Father
The man who fathers a child by impregnating the mother.
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Board of Supervisors
Local governing body at the county level.
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Brief
Written statement explaining facts of a case and laws that apply.
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Burden of Proof
The obligation placed on one of the parties in a dispute to prove their allegations in order to obtain relief from the court.
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Caretaker Relative
A person who receives TANF payments on behalf of a beneficiary incapable of managing the funds.
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Case
Lawsuit, suit or action being resolved through the court system.
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Case Law
Law composed of previous written decisions of appellate courts.
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Case Number
A number assigned by the court to identify your specific case. The case number in domestic relations is usually preceded by one or two letters such as: D, DO, or DR.
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Central Registry
An entity required by all reciprocating jurisdictions to receive, log and distribute interstate cases.
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Certified Copy
A copy of a paper which has been signed and certified as a true copy by the officer in whose custody the original is entrusted.
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Chambers
Private offices of a judge or justice.
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Chief Justice
Presiding justice of the Arizona Supreme Court.
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Child Support
An amount of money that a parent must pay to another parent to contribute to the living, medical and educational expenses of a child.
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Child Support Enforcement Administration (CSEA)
Division of Child Support Services (DCSS)
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Child Support Guidelines
Standards adopted by the Arizona Supreme Court to guide parents and the courts when determining child support obligations.
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Child Support Order
A written order from the court that states: which parent must pay child support; which parent will receive child support; the amount of child support payment; how often the payment must be made.
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Child Support Worksheet
A document, used to enter financial information and calculate the amount of child support according to the Child Support Guidelines.
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Civil Action or Suit
A non-criminal case concerning the claim of one individual or entity against another.
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Civil Law
Area of law that deals with disputes between individuals, not involving crimes.
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Claim
Legal and factual grounds for a court to grant relief.
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Clearinghouse
A central location that receives, disburses and monitors IV-D support payments.
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Clerk of the Court
An appointed or elected official who is responsible for keeping records and accounts for a court and managing routine affairs.
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Code of Federal Regulations (CFR)
In IV-D, these rules are contained in 45 CFR Part 300-399.
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Complaint
Legal paper telling the court and the defendant what the plaintiff’s claims are. This document is filed with the court at the beginning of a case.
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Conciliation Court
A branch of the Superior Court to which a spouse may apply in an effort to preserve a marriage or from whom a parent may request assistance in settling disputes regarding children.
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Conclusions of Law
The decision made by the judge by applying the law to the facts of the case.
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Constable
An elected official whose primary duty is to deliver and return legal notices and documents as directed by a Justice of the Peace.
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Contempt
A willful disregard or disobedience of the court's order.
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Contested Case
An action in which the defendant opposes the relief sought by the plaintiff.
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Continuance
Postponement of a court hearing.
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Contract
An agreement that may be enforceable through a court action.
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Conviction
A decision by the judge or a verdict by the jury determining that a person charged with a criminal offense is guilty beyond a reasonable doubt.
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Counsel
See Lawyer or Attorney at Law in this Glossary.
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Counterclaim
A claim asserted by a defendant against the plaintiff.
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County Attorney
Attorney elected in each county to prosecute criminal cases on behalf of the public and to represent the county in civil matters.
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Court Administrator
Person who assists the presiding judge in managing the court.
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Court Commissioner
Person with authority to do the job of a judge in certain types of cases.
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Court of Record
Courts in which a record is made of all proceedings. Justice of the Peace and Municipal Courts are not courts of record, but they sometimes do keep records of court proceedings.
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Court Reporter
A person who records courtroom proceedings in order to be able to produce a transcript of the proceeding.
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Courtroom Clerk
Person in charge of making and keeping the docket of court proceedings and other court records.
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Crime
An act forbidden by law and punishable by fine, probation, imprisonment or death.
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Custody
See Parental Rights and Responsibilities in this Glossary. Now known as legal-decision making and parenting time.
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Decree
The court's final decision on a case brought before it.
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Default
A failure of the defendant to file the appropriate papers within the time allowed or to appear in court during a scheduled hearing.
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Default Judgment
Relief granted by a court when an opposing party fails to answer a complaint or appear for trial.
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Defendant
The person against whom a lawsuit is started; sometimes this person is called a respondent.
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Delinquent Act
An act committed by a juvenile that if committed by an adult would be a crime.
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Denial
An answer to a complaint in which the defendant denies the allegations made by the plaintiff.
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Department of Economic Security (DES)
The agency in Arizona responsible for overseeing the IV-D and public assistance programs and to coordinate their activities.
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Department of Health and Human Services (DHHS)
Federal agency which includes the Office of Child Support Enforcement (OCSE).
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Dependency
A relationship in which one depends on another for support in whole or in part.
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Deponent
Someone who gives a deposition.
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Deposition
Testimony taken orally or in writing outside of a courtroom by question and answer under oath. It may be read in court and may be admitted by the judge as evidence.
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Discovery
The procedures available to a party to a lawsuit to learn relevant facts which are known to other parties or witnesses, in order to enable the party to prepare for trial.
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Dismiss
To close out a case without granting the relief sought in the complaint; a case may be dismissed by the parties or by the court.
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Disregard
In TANF cases, the amount of child support, up to $50, actually paid by the obligor and disbursed to the aid recipient in addition to the monthly TANF grant. Termed "disregard" because it is not considered by IV-A to determine TANF eligibility.
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Dissolution of Marriage
The term used in Arizona Law for divorce.
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Division of Child Support Services (DCSS)
The division of DES charged with the statewide administration and operation of IV-D child support programs.
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DNA Testing
A way to determine the parents of a child by testing the chromosomes of each parent and child through taking a blood sample.
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Docket
A written list containing brief notes of all the important acts done in court in each case. The name " docket" or " trial docket" is sometimes given to the list or calendar of cases set for trial or other hearings at a specified time and date.
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Docket Number
A number that is given to each case as it is filed in the court. This number should be listed on all papers that are filed with the court.
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Domestic Relations
Branch of the law that deals with families and children.
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Duty of Support
The legal obligations of each parent to support minor natural or adopted unemancipated child(ren). In Arizona this obligation continues past the age of majority (currently age 18) if the child is still attending high school or in a certified high school equivalency program, or when the child as minor was found to be disabled and the court has ordered the payments to continue.
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Emancipation
A status of independence of children from their parents due to age or circumstance.
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Evidence
Testimony of a witness, an object or written documents submitted in court regarding the facts in a case.
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Excess
The remaining amount of a support payment forwarded to the TANF family in addition to the $50 disregard after the state has retained a portion to reimburse itself for the current month's TANF grant. The excess plus the $50 disregard will not, however, exceed the amount of the current support set out in the court order.
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Exhibit
A document or object that is offered into evidence during a trial or hearing.
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Ex Parte
Latin phrase for relief that is sought (and may be granted) without notice to the opposing party. Commonly used in obtaining an order of protection.
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Execution
A legal remedy used to enforce a judgment, by which a law enforcement officer may confiscate property of the debtor. Also refers to the process of serving a civil arrest warrant.
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Family Court
A trial court that has jurisdiction over all family cases, including divorce, child support, parentage, domestic abuse and juvenile cases.
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Family Law Commissioner
A judicial officer appointed in the superior court to establish and enforce support orders in IV-D cases.
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Federal Parent Locator Service (FPLS)
A national system operated by OCSE for the purpose of searching federal government records to locate parents.
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Felony
A serious crime, punishable by imprisonment in a state penitentiary. In some cases, the death penalty can be imposed.
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Filing Fee
Amount of money charged by the court when a case is started.
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Findings or Findings of Fact
Rulings by a court as to what facts are true.
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Forcible Entry and Detainer
A special proceeding for returning possession of lands, tenements or other real property to a person who has been wrongfully kept off the land or deprived of use of the land. This is a common proceeding used in landlord/tenant disputes, also known as eviction.
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Full Faith & Credit
The constitutional principle which entitles a judgment of one state's court to recognition and enforcement in any other state's court.
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Garnishee
The person upon whom a garnishment is served. (Verb: to institute garnishment proceedings.)
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Garnishment
A legal remedy whereby a debtor's property or money in the possession or under the control of a third person (garnishee) is withheld from the debtor and applied to the debt.
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General Jurisdiction Court (Superior Court)
Court that has authority to hear all legal actions not assigned exclusively to another court.
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Genetic Testing
A way to determine the parents of a child by testing the chromosomes of each parent and child through taking a blood sample.
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Grand Jury
A group of 12-16 citizens who usually serve a term of not more than 120 days to hear or investigate charges of criminal behavior. TA grand jury indictment is a written accusation charging a defendant with commission of a crime.
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Grantee Relative
A relative who has physical or legal custody of and is receiving public assistance for another person's child(ren).
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Guardian
A person appointed by the court to manage the affairs of a child or incapacitated person. Note: A guardian does not have a duty of support to the child in his/her care.
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Hearing
A proceeding scheduled by the court at a particular date and time that may include presentation of evidence by the parties.
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Home Study
A professional investigation of the living situation of each of the parents for the court's use in determining parental rights and responsibilities. Also done to investigate persons seeking to adopt a child.
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Impeach
A formal accusation by the Arizona House of Representatives that a public official committed misconduct in office.
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Income Withholding Order
A court order directing an employer or other payor to withhold money (e.g., wages, earnings, interest or trust funds, unemployment insurance benefits, etc.) owed to a support obligor for payment toward a child support obligation. Also known as Income Wage Assignment.
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Incorrigible
Refers to a juvenile who is unmanageable by parents or guardians. Incorrigible offenses include running away and truancy.
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Indictment
A formal, written accusation by a grand jury charging that a person or business committed a specific crime.
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In Forma Pauperis
Latin phrase referring to someone who does not have the financial ability to pay for all or part of the cost of litigation. A person may seek in forma pauperis status in order not to have to pay filing fees or the cost of serving papers on the other party. Sometimes this is abbreviated "IFP."
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In Loco Parentis
Latin phrase referring to a person who, although not the legal or biological parent of the child, has been treated as a parent by the child and established a meaningful parental relationship over a substantial period of time.
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Initial Appearance
The first appearance by a party in a criminal case.
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Initiating Jurisdiction/State
A county, district or state in which a legal action is initiated. Used most often in reference to interstate cases.
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Injunction
An order of the court directing a person not to do certain things. For example an injunction in a dissolution case orders the spouses not to sell any of the community property.
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Insolvency
Inability or lack of means to pay debts.
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Intercept
Seizure of an obligor parent's federal or state tax refund, or lottery winnings for application to a child support obligation.
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Interest on Support Arrearage
The annual rate of interest on support arrearages in Arizona is 10%.
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Interrogatories
Written questions of one party, which are served on the other party, who must answer by written replies under oath.
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Interstate
A case which involves two or more states.
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Intrastate
A case which involves two or more courts within a state.
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Irretrievably Broken
The standard used in Arizona by the court to decide if a divorce should be granted. It means that there is no reasonable chance that the spouses will agree to stay married.
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IV-A
Title IV-A of the federal Social Security Act is that portion of the federal law covering the public assistance program.
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IV-A Referral
The notice (now automatically provided through computer interface) provided to IV-D by IV-A when an applicant/recipient is determined to be eligible for public assistance benefits.
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IV-D
"Four D" refers to the title in the federal Social Security Act under which the Office of Child Support is reimbursed for providing service to persons who receive public assistance or who otherwise apply for their services.
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IV-D TANF Case
A case managed by the IV-D agency in which public assistance benefits are being paid for the child involved. (Automatically referred to IV-D from IV-A when benefits paid.)
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IV-D Agency
The entity responsible to administer the State Plan under Title IV-D of the Social Security Act, which in Arizona is the Department of Economic Security.
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IV-D Non-TANF Case or Non-Public Assistance (NPA)
A case managed by the IV-D agency in which no public assistance benefits are being paid for the child involved. (Application must be made in writing.)
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IV-E
Title IV-E of the federal Social Security Act which provides for foster care maintenance payments for children who are IV-A eligible.
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Joint Legal Decision- Making
Means both parents share decision-making and neither parent's rights or responsibilities are superior except with respect to specified decisions as set forth by the court or the parents in the final judgment or order.
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Judge
Presiding Judge: The judge who is dealing with a given case on a given day.
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Judge Pro Tempore
A person assigned to perform the duties of a judge on a temporary basis.
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Judgment
The findings and order of the court, set forth in a formal written document signed by the judge.
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Judicial Performance Review
The process as required by the Arizona Constitution to periodically review the performance of judges appointed by the governor.
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Jurisdiction
The power or authority of the court to act. The court must have jurisdiction over the subject matter or geographic area of the proceeding and the person against whom relief is sought.
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Jury Commissioner
Court officer who ensures that potential jurors are available to serve when needed by the courts.
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Law
Provisions which regulate the conduct of society, primarily generated by the legislative brand of government.
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Lawyer
A person licensed by the State to represent people in court and give legal advice.
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Legal Decision-Making
Legal Decision-Making means the legal right and responsibility to make all non-emergency legal decisions for a child including those regarding education, healthcare, religious training and personal care decisions. For the purposes of interpreting or applying any international treaty, federal law, a uniform code or the statutes of other jurisdictions of the United States, legal decision-making means legal custody.
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Legal Father
A man who is recognized by law as being a parent.
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Lien
A legal claim against another person's property as security for a debt.
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Limited Jurisdiction Court
A Court which may hear and decide limited types of cases, in Arizona, these are the justice of the Peace and Municipal Courts.
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Litigant
A generic term used to describe a party to a legal action. A litigant can be a plaintiff or a defendant.
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Litigation
A judicial contest which seeks a decision from the court.
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Long-Arm Statute
A statute permitting a state court to exercise jurisdiction over a non-resident.
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Magistrate
See Judge in this Glossary.
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Maintenance Supplement
An amount of money added to a child support award in order to ensure that the child lives in the same living conditions, as the child would have if the child had been living with the other parent. This amount is technically granted to one of the parents, and can be permanent or temporary.
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MAO
Medical Assistance Only cases.
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Mediation
A process in which the disputing parties use a third party to assist them in reaching a settlement of the dispute. The process is private, informal, and non-binding. The mediator has no power to impose a settlement, but rather attempts to assist the disputants in reaching a mutually acceptable resolution to the dispute.
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Memo in Opposition
A memorandum in response to another written memorandum or written request to the court.
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Memorandum
A written document in support of a certain position.
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Merit Selection
A system for a judicial nomination commission to recommend candidates for judicial appointments to the governor.
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Mini-trial
A process in which each side presents its case to a neutral third party, usually one impartial advisor who has been selected by the litigants and their attorneys. Although the process resembles a trial, the presentation is abbreviated. Following the presentations, the parties' representatives meet, with or without the neutral third party, to negotiate a settlement.
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Misdemeanor
Offense less serious than a felony, punishable by a sentence other than being sent to prison. (A.R.S. Section 13-105)
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Modification Order
An order of the court that alters, changes, extends, amends, limits, or reduces an earlier order of the court.
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Modify
To alter; to change; to extend; to amend; to limit; to reduce.
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Motion
A request to a court for an order granting any kind of relief.
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Notarial Officer
A person who is legally authorized to administer oaths and verify that someone has completed an affidavit under oath. Also known as a Notary Public.
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Notice of Appearance
A paper filed in court notifying the court and the other parties that a party (or their lawyer) is participating in the case. See Appearance in this Glossary.
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Oath
Swearing or affirming that a statement is true. If someone makes a statement under oath and knows it is false, that person may be subjected to prosecution for perjury. Written documents as well as spoken testimony may be made under oath.
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Obligee
Commonly refers to the person to whom monthly support is payable.
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Obligor
Commonly refers to the person ordered to pay support.
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Office of Child Support Enforcement (OCSE)
The federal office established to oversee the administration of Title IV-D of the Social Security Act.
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Offset
The reduction of a support indebtedness. (In IV-D, refers to the application of federal or state tax refund monies to child support arrearage.)
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Opinion
Written statement issued to report the decision of an appellate court.
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Order to Show Cause/Order to Appear
A court order directing a person to appear in court and respond to a legal petition or complaint.
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Parentage
A determination that one person is the parent of a child and therefore is responsible for child support and may be entitled to parental rights and responsibilities and parent/child contact.
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Parenting Plan
A written document containing an agreement between parents indicating how a child will be raised and cared for after the parents separate or divorce. A written parenting plan is required whenever parents ask the court to order joint custody.
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Parenting Time
In this Glossary, Parenting Time means the schedule of time during which each parent has access to a child at specified times. Each parent during their scheduled parenting time is responsible for providing the child with food, clothing and shelter and may make routine decisions concerning the child's care.
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Party
A person who has appeared in court in regard to an action and whose rights are subject to the court's jurisdiction.
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Pass-Through
The amount of a collection, full or partial, which is paid to a custodial parent, including the $50 TANF disregard.
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Paternity
A determination that establishes a man as the legal father of a child. Paternity must be established before a father may be entitled to parental rights, if the parents were never married.
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Payee
The person who receives the child support payments for the child. See: Obligee
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Payment History
A printed statement of payments received by the court clerk or the support payment clearinghouse.
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Payor
The person ordered by the court to make child support payments. This is usually the parent who is not living with the child. See: Obligor
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Petit (Trial) Jury
The group of people selected to decide the facts and render a verdict in a civil or criminal trial.
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Petition
A formal written request filed with the Clerk of the Court requesting the court to take action.
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Petition for Review
An application asking an appellate court to examine a ruling or decision.
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Plaintiff
Someone who brings an action, such as a complaint.
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Plea
Response of a defendant to the criminal charges stated; the plea is usually "guilty" or "not guilty."
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Plea Agreement or Plea Bargain
A process between the accused and the prosecution to negotiate a mutually satisfactory outcome of the case.
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Pleading
The process by which parties file things in court, including beginning a case, responding to issues in court, and counterclaims. Eventually, only one or a few issues remain which the parties disagree on, and these are the issues that the court decides upon.
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Points of Law
The legal questions that a case may raise.
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Precinct
Geographic subdivision of city, town or county, used to describe the jurisdiction of a Justice of the Peace or for election purposes.
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Pre-Filing Conference
A meeting intended to resolve issues in lieu of court action.
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Preliminary Hearing
Court proceeding used to determine whether there is enough evidence against a person charged with a felony to proceed to trial.
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Presiding Judge
See Judge in this Glossary.
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Probable Cause
Reasonable cause; there is more evidence for an argument than against it.
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Probation
A conditional suspension of the sentence given by a court in a criminal case. If the terms of probation are violated, probation may be revoked and the sentence carried out.
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Pro Bono Publico
"For the public good." When a lawyer takes a legal case without being paid, and without expecting payment.
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Pro Per (Pro Se)
A Latin phrase meaning For oneself. A person appearing without benefit of an attorney, appearing for him/herself in court.
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Prosecutor
Attorney representing the citizens of a particular community or the state in a criminal case. This may be the city attorney, county attorney or attorney general.
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Pro Tem
A person appointed as a judicial officer on a temporary basis.
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Putative Father
A person who has been named as the father of a child born out of wedlock, but for whom paternity has not yet been established.
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Reciprocity/ Reciprocal
Denotes a relationship between states in which one extends the rights and privileges to citizens of another and vice versa.
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Record on Appeal
Those papers, transcripts and exhibits form the trial court that are forwarded to the appellate court for review.
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Recording a Judgment
The act of filing a certified copy of a judgment with a County Recorder in order to place a lien on any real property the judgment debtor may own in that county. Recording must be made in each county where the debtor may own property.
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Referral
Cases sent to the IV-D agency by various public assistance agencies to facilitate the collection of child or medical support so the aid recipient may become self-sufficient.
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Registration of an Order
A means of making an out-of-state child support order an Arizona order under procedures set forth in the Uniform Interstate Family Support Act (UIFSA).
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Registry
A section of the Office of Child Support that accepts child support payments and pays them to the custodial parent.
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Relief
The redress or assistance awarded to a plaintiff or petitioner by the court.
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Remand
To send back; an appellate court may remand a case to the trial court for re-trial or other action.
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Reopen
Reopening of a case permits the introduction of new evidence and to permit a new trial.
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Request to Find
Request for written determination of facts by a judge after a trial.
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Respondent
The party who answers a complaint in a civil case or a party against whom an appeal is brought.
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Responding Jurisdiction
A county, district or state to which an interstate case is forwarded by the initiating jurisdiction for legal disposition.
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Rest
A party is said to "rest" or "rest its case" when it has presented all of the evidence it intends to offer.
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Retention
The electoral process by which voters decide whether judges appointed by the governor will continue to serve another term in their current judicial capacity.
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Return of Service
A statement that a complaint or other document has been served on a party.
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Reverse
Decision of an appellate court to change all or part of the decision of a lower court.
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Review and Adjustment
In IV-D cases, a process to determine the appropriateness of the amount of support ordered to be paid and to change (modify) that amount to conform to state child support guidelines.
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Satisfaction of Judgment
A document indicating a judgment has been paid or otherwise is no longer due, required to be filed with the clerk of each court where the judgment has been docketed and also recorded in the office of each county recorder where the judgment has been recorded.
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Sentence
Punishment set by the court or jury within the range of punishments authorized by statute.
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Separation Agreement
A document that may determine parental rights and responsibilities, parent/child contact and support without granting a divorce.
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Service or Service of Process
The formal delivery of a petition, notice, or other papers to a party in a legal action as prescribed by court rule.
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Settlement
An agreement that is reached by the opposing parties making it unnecessary for the court to resolve the controversy.
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Sheriff's Fee
The amount charged by the sheriff for serving a document to a party.
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Small Claims Court
A court that can decide on claims up to a certain, limited dollar amount. The proceedings are in the Justice of the Peace Court and are less formal than in other types of courts and parties usually represent themselves.
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Small Claims Division
Special division established within each justice of the Peace Court to legally resolve claims that do not exceed $3,500.
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Sole Legal Decision-Making
Sole Legal Decision-Making means one parent has the legal right and responsibility to make major decisions for a child.
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Spousal Maintenance
Support for a spouse or former spouse ordered by the court; this arrangement may be temporary or permanent. In a IV-D case this can be enforced only when there is an accompanying child support order. Also known as Alimony.
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State Parent Locator Service (SPLS)
The system in the IV-D agency used to locate parents.
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Status Conference
A meeting at court, in which the court attempts to identify what issues are contested, what discovery needs to be completed, and what future hearings are needed. No evidence is presented and no witnesses are called at these meetings.
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Statute
Law enacted by the Legislature and published in the Arizona Revised Statutes.
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Statute of Limitations
Refers to the period of time within which a party must begin a legal action.
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Stipulation
An agreement between opposing parties on any matter relating to the proceeding or trial, such as an agreement on support, parental rights and responsibilities, parent/child contact and property division on either a temporary or final basis.
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Subpoena
An order to compel someone to come to a court at a certain date and time; there are penalties if that person doesn't come to court.
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Suit
See Action in this Glossary.
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Summary Jury Trials
A process whereby a jury is selected, and counsel for each side in the dispute present their best case before the jury and judge. The jury is empanelled by the court, and at the conclusion of the presentations, the judge gives abbreviated instructions. The jurors return with an advisory verdict intended to educate the parties about the jury's view of the case. Counsel and parties are usually given an opportunity to discuss the basis for the advisory verdict with the jurors. A settlement conference is then conducted by the judge. If no settlement is reached, the parties may proceed to trial.
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Summons
A document directing a sheriff or other officer to notify the person named in the summons that a lawsuit has been started against him or her in court, and that he or she must go to court on the day listed in the summons and must file an answer to the complaint.
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Superior Court
Trial court with a courthouse in each county. This court has jurisdiction over all criminal cases and over all civil cases involving a claim of more than $200. This court usually hears only civil cases.
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Supreme Court
The court of final appeal.
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Temporary Assistance for Needy Families (TANF)
A category of public assistance paid on behalf of children who are deprived of support by one or both of their parents due to disability, or continued absence (including desertion) from the home.
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Testimony
Statements made by witnesses who have taken an oath or affirmed that they will tell the truth.
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Transcript
Official written, word-for-word record of court proceedings.
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Trial
Formal presentation of facts to a court or jury in order to reach a legal decision.
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Trial De Novo
A re-trial of a case.
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True Bill
An indictment by a grand jury.
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Uncontested
A case in which all of the issues are resolved and agreed upon by all parties; usually the parties will file a stipulation and proposed order with the court.
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Unreimbursable TANF
That amount of TANF monies expended for a family that is not recoverable because it exceeds the amount of support an obligor has been ordered by the court to pay.
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Vacated
A legal term meaning canceled or rescinded.
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Venue
The county or other geographical place in which a legal action is heard by the court.
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Verdict
Formal decision of a trial jury.
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Visitation
Means a schedule of time that occurs with a child by someone other than a legal parent.
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Voluntary Acknowledgment
A process by which parents can establish paternity without bringing a legal action.
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Wage Withholding
A method of paying child support. Under court order, money is withheld from the wages of an obligor, sent to the Support Payment Clearinghouse and then sent to the obligee.
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Waiver
The intentional and voluntary relinquishment of a known legal right.
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Writ
A document issued by a court which compels a sheriff or other officer to do something.
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