ARFLP Rule 47. Temporary Orders

A.  Motions for Pre-Decree or Pre-Judgment Temporary Orders. A party seeking temporary orders under A.R.S. §§ 25-315, 25-324, 25-404, 25-407, 25-408, 25-409, 25-817 or 25-905 shall do so by filing a separate verified motion with the court setting forth the legal and jurisdictional basis for the motion and the specific relief requested. The motion shall be filed after or concurrently with the initial petition, shall incorporate the relevant allegations of a filed petition by reference and not separately repeat them, and shall include the following information and documents, where relevant:

1.  Legal Decision-Making and Parenting Time. If a party seeks a temporary legal decision-making, parenting time, or visitation order, the motion shall set forth a proposed parenting plan specifically stating the legal decision-making, parenting time, and visitation requested for all parties to the action.

2.  Child Support. If a party seeks a temporary child support order, the party shall include and file with the motion a completed a Child Support Worksheet setting forth the amount requested in accordance with the current Arizona Child Support Guidelines. The movant shall also provide copies of all child support disclosure documents required by Rule 49(C) to the opposing party within the time period specified in paragraph E, and shall provide an additional copy of these documents to the court at the time of any evidentiary hearing held on the motion.

3.  Spousal Maintenance. If a party seeks a temporary spousal maintenance order, that party shall state the specific duration and amounts requested and file an affidavit substantially similar to Form 2, Affidavit of Financial Information.

4.  Property, Debt, and Attorneys’ Fees. If a party seeks temporary orders to exclude a party from a residence, to divide community property, or to order payment of debt, expenses, or attorneys’ fees, the motion shall set forth the specific relief requested, the proposed division of property, the income and assets that will be available to each party, and the responsibility each will have for payment of debt, expenses, and attorneys’ fees if the order is granted. If a party seeks a temporary order for payment of attorneys’ fees that party shall state the specific amount requested and file an affidavit substantially similar to Form 2, Affidavit of Financial Information.

B.  Motions for Post-Decree or Post-Judgment Temporary Legal Decision-Making Orders. A party seeking a temporary legal decision-making, parenting time, or visitation order following a previous determination, shall do so by filing a separate verified motion setting forth the legal and jurisdictional basis for the motion and the specific relief requested. The motion shall be filed after or concurrently with a post-decree or post-judgment petition authorized by statute, shall incorporate the relevant allegations of the pending post-decree or post-judgment petition by reference and not separately repeat them, and shall set forth the relief requested, including a proposed parenting plan stating the legal decision-making and parenting time requested for all parties to the action. Upon receiving a post-decree or post-judgment motion for temporary legal decision-making, parenting time, or visitation orders, the court shall schedule a post-decree or post-judgment management conference, or an evidentiary hearing at an appropriate time determined by the court.

C.  Order To Appear. Unless a different procedure is established by local rule, the moving party shall submit to the assigned judicial officer the original and three (3) copies of an order substantially similar to Form 13, Order To Appear, three (3) copies of the Motion, and three (3) copies of the financial documents required by paragraph A. The clerk of the court shall file the original Order to Appear when signed by the assigned judicial officer.

D.  Hearing.

1.  Generally. Upon receiving a Motion for Temporary Orders and documents required by paragraph C in a pre-decree matter, the court shall schedule a pretrial conference, a Resolution Management Conference pursuant to Rule 76(A), or an evidentiary hearing, which shall be set not later than thirty (30) days after receiving the motion. In the event the court holds a pretrial conference or Resolution Management Conference at which all issues are not resolved, the court shall then set an evidentiary hearing not later than thirty (30) days thereafter to resolve the remaining issues, unless the parties agree to a different timeframe or procedure. The court shall not resolve disputed issues of fact at a pretrial conference or Resolution Management Conference absent agreement of the parties. The court for good cause shown may extend the timeframes set forth in this subdivision.

2.  Pre-Decree Legal Decision-Making and Parenting Time Actions. Notwithstanding the provisions of subdivision D(1), if a party to a legal decision-making or parenting time action files a motion for temporary orders in any pre-decree matter, the court shall hold an evidentiary hearing within sixty days after the party files the motion unless:

a.  The filing party waives the requirement for a hearing to be conducted within sixty days after the party files the motion.

b.  Temporary orders are established through a separate conference or hearing within sixty (60) days after the party files the motion.

d.  Extraordinary circumstances exist and the court is not able to schedule the hearing. If the court is not able to schedule the hearing within sixty days after the motion is filed, it must make a written finding on the record as to the cause of the delay.

When a temporary order regarding other matters, including matters of child support and spousal maintenance, is sought at the time of the pre-decree request for temporary orders regarding legal decision-making or parenting time, notwithstanding the provisions of subdivision D(1), an evidentiary hearing on those other matters may be held in conjunction with the legal decision-making and parenting time evidentiary hearing held pursuant to this subdivision.

Nothing in this paragraph D precludes the court from setting any other conference or hearing deemed appropriate.

E.  Service. The moving party shall serve all parties with the required documents indicated in paragraph C in accordance with the service requirements of these rules. Service shall be completed at least ten (10) judicial days prior to the date of the scheduled conference or hearing on the motion unless otherwise ordered by the court.

F.  Response. Any party served with an Order To Appear on a Motion For Temporary Orders shall not be required to file a formal response to the Motion For Temporary Orders but shall fully comply with the requirements of paragraph G, and if the motion requests child support, shall likewise file a completed Child Support Worksheet, copies of which shall be provided to the assigned judicial officer, the opposing party’s attorney or, if unrepresented, to the opposing party not later than three (3) days prior to the time set for hearing. A party filing a formal response to the Motion for Temporary Orders shall verify the response.

G.  Requirements Prior To Conference or Hearing. If the court has set the motion for a pretrial conference, Resolution Management Conference pursuant to Rule 76(A), or an evidentiary hearing, the parties and counsel shall meet and confer (if there is a current court order prohibiting contact of the parties or a significant history of domestic violence between the parties, the parties shall not be required to personally meet or contact each other in violation of the court order, but the parties and their counsel shall take all steps reasonable under the circumstances to resolve as many issues as possible), comply with the disclosure requirements of Rule 49, and submit a Resolution Statement substantially similar to Form 4 or 5, as applicable, not less than five (5) days prior to the date set for the pre-trial conference, Resolution Management Conference or evidentiary hearing. At least three (3) judicial days prior to an evidentiary hearing, the parties shall exchange any exhibits to be offered at the hearing, and a list of the names, addresses and telephone numbers of all witnesses who may testify.

H.  Attendance. All parties and, if represented, counsel, must be present at any pretrial conference, Resolution Management Conference, or evidentiary hearing set by the court. If a party fails to appear, the court may impose sanctions provided by Rule 76(D).

I.  Simplified Child Support Order. Unless otherwise provided by local rule, a party seeking a temporary child support order under A.R.S. §§ 25-315 or 25-817 may request a simplified order by filing with the court a verified Motion for Simplified Temporary Child Support Order, a completed Child Support Worksheet, a proposed Simplified Temporary Child Support Order, and a proposed Order of Assignment. The motion shall provide that the responding party is required to timely file a response, a completed Child Support Worksheet, and submit a proposed simplified Temporary Child Support Order and a proposed Order of Assignment, and if a hearing is requested, a notice of hearing, and that failure to do so may result in a Temporary Child Support Order being entered as requested by the moving party. Upon service of process, the other party shall have twenty (20) days, if served in Arizona, or thirty (30) days if served out of the State of Arizona, to file a response. If no response is filed, or if the response does not specifically contest the child support requested in the motion, the proposed Simplified Temporary Child Support Order and Order of Assignment shall be entered, without hearing, provided that the available information in support of the temporary order appears accurate and provides the court with adequate information to determine the amount of child support pursuant to the Arizona Child Support Guidelines. The entry of a Simplified Temporary Child Support Order does not prejudice the rights of the parties to have the issue finally determined at a subsequent hearing or trial.

J.  Summary Temporary Child Support Order. If upon review of the pleadings and the supporting documents submitted pursuant to paragraph I, or, if at the time of the Resolution Management Conference, the court determines that the party entitled to receive child support is seeking an amount that is less than or equal to 150% of the amount of child support the obligor is willing to pay, the court may enter a Summary Temporary Child Support Order within the range of the parties’ positions without an evidentiary hearing. The entry of a Summary Temporary Child Support Order does not prejudice the rights of the parties to have the issue finally determined at a subsequent hearing or trial. The parties’ positions under this paragraph must be based on an application of the Arizona Child Support Guidelines.

K.  Request for Expedited Hearing. Any request for an expedited hearing shall include in the caption “Expedited Hearing Required,” and the motion shall set forth the specific facts necessitating an expedited hearing. A request for an expedited hearing may be considered by the court without response or oral argument.

L.  Local Procedures. Nothing contained in this rule shall preclude any county from implementing an alternative temporary child support process by local rule or administrative order.

M.  Enforceability of Temporary Orders. Temporary orders signed by the court and filed by the clerk are enforceable as final orders during the pendency of the action. Temporary orders become ineffective and unenforceable upon termination of an action either by dismissal or following entry of a final decree, judgment, or order, unless that final decree, judgment, or order provides otherwise. Orders of Protection and Injunctions Against Harassment are not subject to the provisions of this rule.

N.  Sanctions. Failure to comply with this rule may result in sanctions pursuant to Rule 71.