Arizona Rules of Family Law Procedure

Rule 46. Dismissal

(a) Voluntary Dismissal.

(1) By Notice, Motion, or Stipulated Order. The petitioner may dismiss a family law case, or an applicant under Rule 91 may dismiss a post-decree petition:

(A) by filing a notice of dismissal before the opposing party files a response or, if a response is not required, before evidence is introduced at a hearing or trial;

(B) if a response has been filed, only by motion and on such terms and conditions as the court deems proper, including the resolution of any claims by the responding party; or

(C) by court order based on a stipulation to dismiss that is signed by all parties who have appeared.

(2) Effect. Unless the order states otherwise, a dismissal under subpart (a)(1) is without prejudice.

(b) Involuntary Dismissal; Effect.

(1) Dismissal on Motion. If the filing party fails to take the steps required by these rules to resolve the case or petition, the responding party may move to dismiss the action or any claim against it.

(2) Dismissal by the Court.

(A) Generally. The court may dismiss any action, post-decree petition, or any pending claim for failure to move a case forward after giving all parties notice and an opportunity to object or begin moving forward with their case.

(B) No Motion to Set. If no party has filed a motion to set within 120 days after a petition is filed and served and if the court has not set the matter for trial, hearing, or conference, the court may issue a notice that the matter will be dismissed without further notice in not less than 60 days if the parties do not file within that time a motion to set or a request for hearing or conference. If no motion or request is filed within 60 days after the notice is issued, the court may dismiss the action. The court may extend these deadlines for good cause. The court may not dismiss a case if there is a pending motion for judgment on the pleadings, a pending motion for summary judgment, or a motion related to genetic testing in a paternity matter.

(3) Effect. Unless the dismissal order or notice states otherwise, a dismissal under subparts (b)(1) or (2) is without prejudice.

(c) Dismissal of Counterclaims and Third-Party Claims. A counterclaimant or a third party may voluntarily dismiss its claim by filing a notice of dismissal before an opposing party files a response or answer, or if a response or answer is not required, before evidence is introduced at a hearing or trial. If a response or answer has been filed, the court may dismiss the claim only by motion and upon such terms and conditions as the court deems proper, including the resolution of any claims by the opposing party.

(d) Scope of Dismissal. The entry of an order dismissing a case serves to dismiss all pending, unresolved petitions and issues, but the order does not dismiss, vacate, or set aside any final decree, judgment or order previously entered in the case, unless the order specifies otherwise.

(e) Dismissal Authority. The court’s authority to issue notices and dismiss cases and post-decree petitions–for lack of service and for failing to take the steps required by these rules–may be performed by court administrators or by an appropriate electronic process under the court’s supervision.

Currentness