ARFLP Rule 43. Service and Filing of Pleadings and Other Papers

A.  Service: When Required. Except as otherwise provided in these rules, every order required by its terms to be served, every pleading subsequent to the original petition, every paper relating to discovery required to be served upon a party unless the court otherwise orders, every written motion other than one which may be heard ex parte, and every written notice, appearance, demand, offer of judgment, designation of record on appeal, and similar paper shall be served upon each of the parties. No service need be made on parties in default for failure to appear except that pleadings asserting new or additional claims for relief against them shall be served upon them in the manner provided for service of summons in Rule 40, 41, or 42, as applicable.

B.  Service; Parties Served; Continuance. When there are several respondents, and some are served with summons and others are not, the petitioner may proceed against those served or continue the action. The court may order the petitioner to proceed against those served.

C.  Service after Appearance; Service after Judgment; How Made.

1.  Serving an Attorney. Except for petitions for contempt, orders of protection and injunctions against harassment, which must be served pursuant to Rules 41 and 42, service under this rule must be made on the attorney unless the court orders service on the party.

2.  Service in General. A paper is served under this rule by:

a.  handing it to the person;

b.  leaving it:

(i) at the person’s office with a clerk or other person in charge or, if no one is in charge, in a conspicuous place in the office; or

(ii) if the person has no office or the office is closed, at the person’s dwelling or usual place of abode with someone of suitable age and discretion who resides there;

c.  mailing it via U.S. mail or any other national courier service to the person’s last known address–in which event service is complete upon mailing; or

d.  delivering the paper by any other means, including electronic means, if the recipient consents in writing to that method of service or if the court orders service in that manner–in which event service is complete upon transmission.

3.  Certificate of Service. The date and manner of service shall be noted on the original of the paper served or in a separate certificate. If the precise manner in which service has actually been made is not so noted, it will be conclusively presumed that the paper was served by mail. This conclusive presumption shall only apply if service in some form has actually been made.

4.  Service After Judgment. After the time for appeal from a judgment has expired or a judgment has become final after appeal, the service of a motion, petition, or other pleading required to be served and requests for modification, vacation, or enforcement of that judgment, shall be served pursuant to Rule 40, 41 or 42, as applicable, as if serving a summons and petition.

D.  Filing; Attachments; Public Access.

1.  Filing. All papers after the petition required to be served upon a party or to be filed with the court within a specified time shall be both filed with the clerk of the court and served within that specified time.

2.  Papers Not to Be Filed. The following papers shall not be filed separately and may be filed as attachments or exhibits to other documents only when relevant to the determination of an issue before the court:

a.  Subpoena Papers. Any praecipe used solely for issuance of a subpoena or subpoena duces tecum, any subpoena or subpoena duces tecum, and any affidavit of service of a subpoena, except for post-judgment proceedings.;

b.  Discovery Papers. Notices of deposition; depositions, interrogatories and answers; requests for production, inspection or admission, and responses; requests for physical and mental examination; and notices of service of any discovery or discovery response;

c.  Proposed Pleadings. Any proposed pleading, except such pleading may be filed after ruling by the court if necessary to preserve the record on appeal;

d.  Prior Filings. Any paper that has previously been filed in the case (if a party desires to call the court’s attention to anything contained in a previously filed paper, the party shall do so by incorporation by reference); and

e.  Authorities Cited In Memoranda. Copies of authorities cited in memoranda, unless necessary to preserve the record on appeal.

f.  Documents Provided in Disclosure. Notices of compliance with the provisions of Rule 49, 50 or 91(P) or any disclosure material provided to an opposing party pursuant to the requirements for disclosure contained in Rule 49, 50 or 91(P).

3.  Copies to Assigned Judicial Officer. Except as otherwise provided in Rule 91, after filing of the original petition, a copy of each filed document requiring judicial action, and any response or reply thereto, shall be provided to the judicial officer to whom the pending matter is assigned. A statement of compliance with this requirement shall appear on the original of the pleading.

4.  Attachments to Judge. Except for proposed orders and proposed judgments, a party may attach copies of papers not otherwise to be filed under this rule to a copy of a motion or memorandum of points and authorities delivered to the judge to whom the case has been assigned. Any such papers provided to the judge must also be provided to all other parties.

5.  Sanctions. For violation of this rule, the court may order the removal of the offending document and charge the offending party or counsel such costs or fees as may be necessary to cover the clerk’s costs of filing, preservation, or storage, and the court may impose any additional sanctions provided in Rule 76(D).

6.  Public Access. By administrative order of the presiding judge or local rule, upon commencement of an action, the filing of a pleading pursuant to Rule 24 or the filing of a Petition for an Order of Protection or a Petition for Injunction Against Harassment, all court documents, records and evidence related thereto shall be unavailable to the general public until forty-five (45) days have passed since the filing of the petition with the court. The foregoing notwithstanding, judicial officers, court and clerk’s office personnel, case parties and their associated attorneys of record, and any other persons as ordered by the court may have access to the documents in a manner determined by the clerk of court at any time.

E.  Filing with the Court Defined. The filing of pleadings and other papers with the court as required by these rules shall be made by filing them with the clerk of the court, except that the judge may permit the papers to be filed with the judge and, in that event, the judge shall note thereon the filing date and forthwith transmit them to the clerk of the court.

F.  Proposed Orders and Judgments. Except as otherwise specifically provided for in these rules, a proposed order or proposed decree shall be prepared as a separate document and shall not be included as an integral part of a motion, stipulation, or other document. The proposed order or proposed decree shall be prepared in accordance with this paragraph and Rule 30(D), and shall contain the following information as single-spaced text on the first page of the document:

1.  to the left of the center of the page starting at line one, the filing party’s printed name, address, telephone number, State Bar of Arizona attorney identification number, and any State Bar of Arizona law firm identification number, along with an identification of the party being represented by the attorney, e.g., petitioner, respondent, third party petitioner, etc. (note: if the document is being presented by a litigant representing himself or herself, all of this information shall be included except the State Bar of Arizona identification numbers);

2.  centered on or below line six (6) of the page, the printed title of the court;

3.  below the title of the court and to the left of the center of the paper, the printed title of the action or proceeding;

4.  opposite the title, in the space to the right of the center of the page, the printed case number of the action or proceeding; and

5.  immediately below the case number, a brief printed description of the nature of the document.

There shall be at least two (2) lines of text on the signature page. Any proposed form of order or proposed form of judgment shall be served upon all parties and counsel simultaneous with its submission to the court for consideration. Proposed orders and proposed judgments shall not be filed or docketed by the clerk of the court until after judicial review and decision to sign, modify or reject. A party may file an unsigned order or judgment to preserve the record on appeal.

G.  Sensitive Data.

 1.  Filing Sensitive Data.

a.  Before filing any document containing sensitive data with the court, the filing party shall omit or otherwise redact the sensitive data unless they are specifically requested by the court. If the sensitive data are specifically requested by the court, the filer shall record the requested information on a separate sensitive data form which shall be maintained by the clerk as a confidential record and only available to the parties, the parties’ attorneys, court personnel and any other person or agency authorized by court order. The clerk shall not release addresses protected by court order without a subsequent court order authorizing its release. In the discretion of the clerk, sensitive data forms, orders of assignment and orders to Stop Order of Assignment may be maintained either in paper or electronic format. If these documents are maintained electronically, the clerk is authorized to destroy any paper version. Unless the court orders otherwise, any further written reference to sensitive data shall thereafter be made by referring to a corresponding item number on the sensitive data form or other means, rather than inserting the actual data into the document being filed with the court.

b.  Whenever new information is needed to supplement the record in a case, the parties or their attorneys shall file an updated sensitive data form, reflecting all previously disclosed sensitive data plus any additional sensitive data required to be filed in the case.

c.  Orders of Assignment and Orders to Stop Order of Assignment shall contain any sensitive data required by law, but shall be confidential and only available to the parties, the parties’ attorneys, the parties’ employers, child support enforcement agencies, court personnel, and any other person or agency authorized by court order.

d.  The provisions of subdivision 1(a) shall not pertain to orders or decrees, or to petitions and accompanying documents filed pursuant to the Uniform Interstate Family Support Act (UIFSA) as adopted by the state of Arizona.

e.  If a document containing sensitive information is filed with a court, any party or their attorney may request that the court order that the document be sealed and/or replaced with an identical document with the sensitive data redacted or removed.

2.  Sensitive Data Defined. For purposes of this rule, “sensitive data” means social security numbers, driver’s license numbers, bank account numbers, credit card numbers, and other financial account and personal identifying numbers. After filing of the Confidential Sensitive Data Form, all reference in file documents to the accounts and identifiers contained therein shall be made using only the last four digits of such account numbers and identifiers.

3.  Sensitive Data Form. A form substantially similar to Form 3, Confidential Sensitive Data Form shall be used.