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Last Post 02 Jun 2022 12:48 PM by  Susan Pickard
R-22-0005 ARFLP Rules 78 and 91
 3 Replies
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Susan Pickard
New Member
Posts:30 New Member

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06 Jan 2022 11:45 AM
    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.
    Attachments
    Susan Pickard
    New Member
    Posts:30 New Member

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    17 Feb 2022 04:45 PM
    Susan Pickard on behalf of:
    Family Court Improvement Committee
    Judge Paul McMurdie, Chair
    [email protected]
    602.542.3252

    On February 9, 2022, the Family Court Improvement Committee moved and seconded a motion to support this Petition. The motion passed unanimously.
    Susan Pickard
    New Member
    Posts:30 New Member

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    25 Mar 2022 02:42 PM
    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

    On January 6, 2022, Petitioners filed a petition to amend Family Rules 78 and 91. Upon further review of the interplay between case law, statutes and the proposed rule changes, we recommend additional related changes. In this revised petition, the text in bold below is changed or added and highlights the rationale for those additional changes, which are also reflected in the attachment to this revised petition.
    Attachments
    Susan Pickard
    New Member
    Posts:30 New Member

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    02 Jun 2022 12:48 PM
    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
    [email protected]

    On January 6, 2022, Petitioners, in their individual capacities, filed a petition to amend Arizona Rules of Family Law Procedure 78, 85 and 91, which they amended in a March 25, 2022 filing. On January 27, 2022, the Court issued an order directing that the petition was open for public comment, with comments to be submitted on or before May 2, 2022.
    The deadline for comments has now passed. One comment was filed on February 17, 2022, noting the Family Court Improvement Committee unanimously passed a motion to support the petition on February 9, 2022.
    Petitioners submit this reply in further support of the petition as amended, requesting that the Court amend Arizona Rules of Family Law Procedure 78, 85 and 91.
    Attachments


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