(a) With Notice; Filing and Timing. A party may request emergency temporary orders at the same time or after filing an initial pre-decree or post-decree petition. A court may set the matter for an accelerated hearing only if the verified motion:
(1) sets forth the specific relief requested and the specific facts that support that relief; and (2) provides specific facts that establish why an emergency or accelerated hearing is required.(b) Without Notice; Filing and Timing. A party may request temporary orders without notice by filing a verified motion, along with a proposed form of orders and a notice of hearing on the motion. A motion may be filed at the same time or after filing an initial pre-decree or post-decree petition.
(1) Grounds. A court may grant temporary orders without written or oral notice to an adverse party or that party's attorney only if the verified motion:
(A) clearly shows by specific facts that if an order is not issued before the adverse party can be heard, the moving party or a minor child of the party will be irreparably injured, or irreparable injury, loss, or damage will result to the separate or community property of the moving party; and
(B) the moving party or attorney provides written certification of the efforts to give notice to the other party, or why giving notice should not be required.
(2) Orders Without Notice. Temporary orders without notice must specify the injury, loss, or damage and why it is irreparable, and state why the court granted the orders without notice. Temporary orders expire at the date and time set for hearing on the motion unless the court extends the time for good cause.
(3) Hearing. Upon entry of a temporary order without notice, an evidentiary hearing must be set on the motion not later than 10 days after the order's entry, unless the court extends the time for good cause. The nonmoving party may request an earlier evidentiary hearing with reasonable notice as the court directs.
(c) Service. Any order and notice of the evidentiary hearing must be served as soon as possible after the order's entry or as the court directs.
(d) Bond. No bond is required for temporary orders unless the court finds a bond appropriate.(e) Acting on the Motion. The court must rule on the motion no later than 21 days after the date the hearing is concluded.
Added Aug. 30, 2018, effective Jan. 1, 2019. Amended Aug. 24, 2023, effective Jan. 1, 2024; amended on an emergency basis Aug. 24, 2023, permanently adopted with additional amendments Dec. 6, 2023, effective Jan. 1, 2024.
17B A. R. S. Rules Fam. Law Proc., Rule 48, AZ ST RFLP Rule 48State Court Rules are current with amendments received through August 15, 2024. The Code of Judicial Administration is current with amendments received through August 1, 2024.
| End of Document |