Susan Pickard on behalf of:
Paul J. McMurdie
Samuel A. Thumma
Judges, Arizona Court of Appeals
Division One
State Courts Building
1501 West Washington
Phoenix, Arizona 85007
Telephone: (602) 452-6700

The recent opinion Yee v. Yee, 251 Ariz. 71 (App. 2021) clarified jurisdictional issues in post-judgment (typically post-decree) appeals in Family Court proceedings after the 2019 substantial revisions to the Arizona Rules of Family Law Procedure. Yee noted conflicting approaches taken in recent appellate decisions, both in addressing appellate jurisdiction over orders resolving post-decree requests as well as the applicability of Family Rule 78 to the resolution of post-decree requests. Id. at 74, ¶ 7 n.2 (citing cases). Yee also noted that the Family Rules do not reflect the requirement that a post-judgment ruling resolve all relief requested in a post-judgment request before that ruling is appealable. This need for clarity in the Family Rules is particularly significant given the large number of self-represented parties in such proceedings and concerns about requiring all participants to be aware of, and then understand and account for, the Yee requirements. Having considered various alternatives and noting that the proposals requested here differ somewhat from the Yee analysis, Petitioners propose amendments to Family Rules 78 and 91 to seek to implement the finality requirement for post-judgment rulings to be appealable.

Filed: January 6, 2022

Would amend Rules 78 and 91 of the Arizona Rules of Family Law Procedure to better define “judgment” and clarify when post-judgment rulings are appealable.

Comments must be submitted on or before Monday, May 2, 2022.
Any reply by a petitioner must be submitted on or before Wednesday, June 1, 2022.