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Last Post 03 Jan 2023 10:59 AM by  Susan Pickard
R-23-0001 Petition to Amend Rule 48 of the Arizona Rules of Family Law Procedure
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Susan Pickard
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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.
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    Forums Rule Change Petitions under Consideration Rules of Family Law Procedure