Rule Impacts Report

Family Law

RULE WILL AFFECT SUMMARY AND IMPACT

Rules 74, 76, 79, and 97 (Forms 2, 4, 5, 7, 8, and 16)

R-08-0031

Contact:
Kathy Sekardi

Superior Courts

Judges
Clerks of the Court
Court Administrators

Rules 74, 76, and 79 concern, respectively, parenting coordinators, pretrial procedures, and summary judgment. Rule 97 deals with family law forms.

Impact:

Former rule 74(J) [“court action”] required a party to object to the recommendation of a parenting coordinator within ten days from the date the report and recommendations were submitted to the court. Under the amended rule, a party may object to the recommendations or request a hearing not later than ten days after the filing of the court’s order concerning the recommendations of the parenting coordinator. The court and clerk may receive objections during this time period.

Note that the 2009 amendment of paragraph J does not preclude a party from filing an objection to the recommendation of the parenting coordinator prior to the court acting on the recommendation.

An amendment to Rule 76 allows the parties to comply with the requirements of Rule 76(C) by using the new form of pretrial statement provided in Form 16.

Under the amendments to Rule 79, a party opposing a motion for summary judgment has thirty days after service to file a response (rather than fifteen days), and a moving party has fifteen days (rather than five) to file a reply. The clerk should calendar time periods for hearings on the motion accordingly.

Rule 97, Forms 2, 4, 5, 7, and 8, provide new text concerning health insurance and cash medical support pursuant to A.R.S. § 25-320(K). Form 16 is a new form of pretrial statement.