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Last Post 20 Apr 2023 02:36 PM by  J.M.
R-23-0001 Petition to Amend Rule 48 of the Arizona Rules of Family Law Procedure
 1 Replies
Author Messages
Susan Pickard
New Member
Posts:11 New Member

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03 Jan 2023 10:59 AM
    Susan Pickard
    [email protected]
    602.452.3252
    On Behalf of:
    Judge Bruce Cohen
    Family Department Presiding Judge
    Maricopa County Superior Court
    125 West Washington, Suite 101
    Phoenix, AZ 85003

    This is a proposal to amend Rule 48 of the Arizona Rules of Family Law Procedure (ARFLP). In its present form, the rule links matters that are urgent or qualify as an emergency with a request for ex parte relief. While emergency matters may also require ex parte orders, there are two separate determinations to be made. First, is there an emergency or urgency for the issue to be addressed by the court? Second, should a temporary order without notice be issued pending the accelerated hearing on the emergency or urgent matter?

    Filed: January 3, 2023

    Would amend Rule 48 of the Rules of Family Law Procedure to clarify the procedures governing the issuance of a temporary order on an emergency basis with or without notice.

    Comments must be submitted no later than Monday, May 1, 2023.
    Any reply by a petitioner must be submitted no later than Thursday, June 1, 2023.
    Attachments
    J.M.
    New Member
    Posts:1 New Member

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    20 Apr 2023 02:36 PM
    Joseph McGhee
    PO Box 91
    Flagstaff, AZ 86002
    [email protected]
    602-836-2540

    I support this amendment as proposed. In its present form, and as described in the Petition, Rule 48 is unclear. This lack of clarity is not in the best interest of children especially given the subject matter of the Rule.

    Forums Rule Change Petitions under Consideration Rules of Family Law Procedure
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