Superior Court of Arizona in Pima County Document Filing Requirements

Applies to

Complaint

Must include

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The complaint must state the allegations against defendants and the relief sought.

The Complaint (initiating pleading) is filed at the civil desk with Clerk of the Court, if a self-represented litigant, (1st floor of the courthouse) or electronically filed, if an attorney, setting forth the allegations against defendants and relief sought.

Applies to

Civil case cover sheet

A completed civil case cover sheet identifying all plaintiffs and defendants must accompany the case.

A Civil Case Cover Sheet must be completed, indicating all plaintiffs and defendants.

Applies to

Answer

Must include

caption

The answer must be filed by the deadline stated in the summons, and in a FASTAR case it must include a FASTAR Controverting Certificate.

An Answer responding to the allegations set forth in the Complaint must be filed within the time requirements (see Summons; refer to rules) and if it is a FASTAR case, must be accompanied by a FASTAR Controverting Certificate (FASTAR Rule 102(b) (Word)

Applies to

Request for default judgment

After the answer period expires, the plaintiff must request default judgment for the relief sought; no default will be entered if the request is not filed.

If the time to answer has passed (refer to rules), plaintiff shall file a request for default judgment for the relief requested in the Complaint in an effort to resolve the action as to the defaulted party(ies). If a request is not filed, a default will not be entered.

Applies to

Application for default and motion for default judgment

A default judgment requires an application for default or entry of default, a motion for default judgment, and proper notice to the defaulted party.

An Application for Default/Entry of Default and Motion for Default Judgment must be filed and proper notice given to party against whom the default is to be taken.

Applies to

Affidavit regarding minor children

Each party filing a petition or response in the listed family-law actions must file a court-approved Affidavit Regarding Minor Children, but no affidavit is required when there are no minor children.

In every action for Annulment, Dissolution, Legal Separation, Legal Decision-Making and Parenting Time, Legal Decision-Making or Placement or Visitation by a Third Party or Modification of Legal Decision-Making, each party filing a Petition or Response must file an original and one copy of an Affidavit Regarding Minor Children on a form approved by the Court. The Clerk of the Court will deliver a copy of all Affidavits Regarding Minor Children to the Director of the Conciliation Court each business day. If there are no minor children, parties need not file an Affidavit Regarding Minor Children.

Applies to

Proposed legal decision making or parenting time plan

When parenting time or legal decision-making remains unresolved, each party or represented party's counsel must file a proposed legal decision-making or parenting time plan with the joint or separate pretrial statement.

The parties or, if represented, their counsel must each file with the joint or separate pretrial statement, a Proposed Legal Decision-Making or Parenting Time Plan if parenting time or legal decision-making are not resolved.

Applies to

Inventory of property

When division of assets or debts is at issue, the parties must timely exchange a completed, court-approved Inventory of Property signed by both parties.

If division of assets or debts is at issue, a completed Inventory of Property on a form approved by the Court and signed by the parties must be timely exchanged.

Applies to

Family law documents

Documents in family law cases generally must be filed with the Clerk of the Court unless the Rules provide otherwise.

All documents in family law cases must be filed with the Clerk of the Court, unless otherwise directed in these Rules.

Applies to

Motion to set and certificate of readiness

Unless the court has already set a trial, a party must file a Motion to Set and Certificate of Readiness using a court-approved form.

Unless the court has already set a trial, a party must file a Motion to Set and Certificate of Readiness, on a form approved by the Court, consistent with Rule 77, ARFLP.

Applies to

Controverting certificate

A party opposing trial scheduling may file a Controverting Certificate within 10 days after service of the Motion to Set and Certificate of Readiness and provide copies to the opposing party, assigned division, and Case Management Services.

A party who opposes the scheduling of a trial requested in a Motion to Set and Certificate of Readiness may file a Controverting Certificate, with a copy to the opposing party, the assigned division, and the Case Management Services department, within 10 days after service of the Motion to Set and Certificate of Readiness.

Applies to

Domestic settlement conference

Parties and attorneys must participate in a domestic settlement conference before trial in every case set for trial unless the court orders otherwise.

In all cases set for trial, the parties and attorneys must participate in a domestic settlement conference, governed by Rule 67.4, ARFLP, before the trial, unless otherwise ordered.

Applies to

Domestic settlement conference

The parties must personally appear at the settlement conference unless the assigned division waives personal appearance.

The parties must personally appear at the settlement conference unless the assigned division waives the requirement of personal appearance.

Applies to

Motion or stipulation for telephone appearance

Telephone appearance at a settlement conference requires permission from the assigned division obtained by motion or stipulation submitted at least 30 days before the conference.

Personal appearance may not be made by telephone unless permission to appear by telephone is granted by the assigned division pursuant to a motion or stipulation submitted at least 30 days before the date of the settlement conference.

Applies to

Child support financial affidavit

A child support financial affidavit must be filed when establishment or modification of child support is the sole financial issue.

In any proceeding where the establishment or modification of child support is the sole financial issue, a child support financial affidavit must be filed.

Applies to

Spousal maintenance financial affidavit

A spousal maintenance financial affidavit must be filed in proceedings involving spousal maintenance or a request for attorney’s fees or expenses, subject to the stated distinction from child-support-only proceedings.

In all other proceedings where spousal maintenance or a request for an award of attorney’s fees or expenses is at issue, a spousal maintenance financial affidavit must be filed.

Applies to

Order to appear

The Order to Appear must expressly direct both parties to comply with applicable Rule 49 and Rule 91 requirements.

The Order to Appear must specifically direct both parties to comply with Rule 49 and/or 91, ARFLP, as appropriate.

Applies to

Financial affidavit

The opposing party must timely file the required financial affidavit and provide a copy to its attorney or, if self-represented, to itself.

The opposing party must file the required financial affidavit, a copy of which must be provided to the party’s attorney, or, if self- represented, to the party in a timely manner.

Applies to

Financial affidavit

In a spousal-maintenance modification, the opposing party must file the required financial affidavits and timely provide a copy to the applicant’s attorney or, if self-represented, to the applicant.

The opposing party must file the required financial affidavits, and provide a copy to the applicant’s attorney, or if self-represented, the applicant, in a timely manner.

Applies to

Stipulation to modify child support

Must include

proposed order

A stipulation modifying child support must be accompanied by a proposed Child Support Order, a proposed Income Withholding Order, and a child-support worksheet detailing guideline compliance or a deviation.

Should the parties reach an agreement and submit a stipulation to the Court to modify child support they must submit a proposed form of Child Support Order, Income Withholding Order and a child support worksheet containing detailed information supporting compliance with or a deviation from the Child Support Guidelines.

Applies to

Order to appear

In an enforcement action, the Order to Appear must expressly direct the respondent to comply with Pima County Local Rule 3.5.

The Order to Appear must specifically direct the respondent to comply with Pima County Local Rule 3.5.

Applies to

Pretrial statement

A pretrial statement must be filed in every family law case set for trial or a scheduling conference, including any bifurcated trial portion.

In every family law case set for trial or scheduling conference, including any bifurcated portion of such trial, a pretrial statement must be filed.

Applies to

Pretrial statement

Trial counsel authorized to make binding stipulations, or self-represented parties, must confer to prepare a pretrial statement signed by each party or counsel.

Counsel who will try the case and who are authorized to make binding stipulations on behalf of the parties, or the parties themselves, if self- represented, must confer and prepare the pretrial statement, signed by each party or counsel.

Applies to

Pretrial statement

The original pretrial statement must be filed with the court clerk, and a copy must be provided to Case Management Services and the assigned trial division.

The original must be filed with the Clerk of the Court and a copy must be provided to the Case Management Services department and the assigned trial division.

Applies to

Documentation of completion

The original documentation of completion must be filed with the Clerk, with a copy provided to the opposing attorney or self-represented party.

that party must file the original documentation of completion with the Clerk of the Court and provide a copy to the opposing attorney or party if self-represented.

Applies to

Post decree petition to modify parenting time or legal decision making

A Request for Mediation must accompany the filing of a post-decree petition to modify parenting time or legal decision-making.

A Request for Mediation must be submitted to the Court when a post- decree petition to modify parenting time and/or legal decision-making is filed.

Applies to

Request for mediation

When requesting mediation after filing a hearing request, the original request must be filed with the Clerk and copies provided to the Conciliation Court and assigned judge.

The original request for mediation must be filed with the Clerk of the Court with copies provided to the Conciliation Court and the assigned judge.

Applies to

Request for mediation

The original Request for Mediation must be filed with the Clerk, with copies provided to the Conciliation Court and assigned judge.

The original Request for Mediation must be filed with the Clerk of the Court and copies of the Request must be provided to the Conciliation Court and the assigned judge.

Applies to

Request for order granting or denying mediation

Five days after the response period expires, the requesting party must provide the assigned division both a Request for Order Granting or Denying a Request for Mediation and a separate proposed order form.

A party requesting mediation must provide to the assigned division 5 days after the expiration of the response period, a Request for Order Granting or Denying a Request for Mediation, and a separate form of Order Granting or Denying Request for Mediation.

Applies to

Conciliation petition

A petition for conciliation must state whether a legal proceeding between the parties is pending.

Petitions for Conciliation must state, in addition to the requirements of A.R.S. § 25-381.11, whether there is a pending legal proceeding between the parties.

Applies to

Notice of objection

When filing a notice of objection, the objecting party must also submit a statement of specific objections and a resolution proposal to the opposing attorney or self-represented opposing party.

At the same time the objecting party files a notice of objection, that party must submit to the opposing attorney, or to the party if self-represented, a statement setting forth the specific objections to the agreement and a proposal for resolution.

Applies to

Jury instructions verdict forms voir questions

Unless the parties waive a jury by stipulation, they must file agreed-upon jury instructions, verdict forms, and voir dire questions no later than 10 days before trial.

Unless the parties have stipulated to waive a jury, no later than 10 days before the trial date the parties must file an agreed upon set of jury instructions, verdict forms, and voir dire questions.

Applies to

Choice certificate

The plaintiff must file and serve a Form 103(b) Choice Certificate when filing the complaint or within 20 days after the first defendant files, and the certificate must state the plaintiff's choice between Fast Trial and Alternative Resolution.

When filing the complaint, or not later than 20 days after the first filing by any defendant, the plaintiff must file and serve on the defendant a Form 103(b) “Choice Certificate.” The Choice Certificate must state whether the plaintiff chooses to proceed by Fast Trial or by Alternative Resolution.

Applies to

Joint pretrial statement

Unless the parties agree otherwise or the offering party shows good cause, trial witnesses and exhibits must be listed and exchanged; listed-exhibit objections are waived unless specifically stated.

Unless the parties agree otherwise, or the offering party shows good cause, a party may not call a witness or offer an exhibit at trial other than those listed and exchanged. Legal objections to any exhibits listed are deemed waived unless specifically stated.

Applies to

FASTAR certificate

When filing an eligible FASTAR complaint seeking only money damages not exceeding $50,000 per claimant, the plaintiff must file a separate FASTAR certificate.

At the time of filing any civil complaint requesting only money damages not exceeding $50,000 for any claimant, the plaintiff must file a separate FASTAR certificate.

Applies to

Controverting FASTAR certificate

A defendant who disagrees with the plaintiff's FASTAR certificate must file a controverting certificate stating the reason for disagreement.

Any defendant who disagrees with the plaintiff's FASTAR certificate must file a controverting certificate that specifies the reason for disagreement.

Applies to

Controverting FASTAR certificate

A defendant must file the controverting certificate with the answer or the Rule 12 motion, whichever is filed first.

The defendant must file the controverting certificate with the answer or with a Rule 12 motion, whichever is filed first.

Applies to

Joint motion

Must include

certificate of conference

A joint discovery motion must include a good faith consultation certificate complying with Civil Rule 7.1(h).

The parties must include with their joint motion a good faith consultation certificate that complies with Civil Rule 7.1(h).

Applies to

Joint pretrial statement

At least 15 days before trial, the parties must prepare and submit a joint pretrial statement containing the listed claims or defenses, witnesses, exhibits and objections, stipulations, and trial-time estimate.

(b) Pretrial Statement. No later than 15 days before trial, the parties must confer, prepare, file, and submit to the judge a joint pretrial statement. The parties are encouraged to agree on facts and issues. The statement must contain the following: (1) a brief statement of the nature of each party's claims or defenses; (2) a witness list including the subject matter of a witness's testimony for each witness who will testify; (3) an exhibit list and specific legal objections to any exhibits; (4) the parties' stipulations concerning undisputed facts and issues; and (5) the estimated time required for trial.

Applies to

Prehearing statement

The parties must confer and submit a joint written prehearing statement to the arbitrator no later than 10 days before the hearing.

(1) Requirement. No later than 10 days before the hearing, the parties must confer, prepare, and submit to the arbitrator a joint written prehearing statement. The parties are encouraged to agree on facts and issues.

Applies to

Prehearing statement

The prehearing statement must summarize each party's claims or defenses, list witnesses and the subjects of their testimony, list exhibits, and estimate the hearing duration.

(2) Content. The statement must contain the following: (A) a brief statement of the nature of each party's claims or defenses; (B) a witness list including the subject matter of witness testimony for each witness who will be called to testify; (C) an exhibit list; and (D) the estimated time required for the Alternative Resolution hearing.

Applies to

Notice of appeal

A notice of appeal must use the specified title, request trial in superior court, state whether a jury trial is demanded, and state the estimated trial length.

A notice of appeal must be entitled “Appeal from Alternative Resolution and Motion for Trial Setting.” The notice must request that the case be set for trial in the superior court and must state whether a jury trial is demanded and the estimated length of trial.

Applies to

Complaint

A plaintiff filing a complaint must also file a separate statement indicating whether the case is subject to the FASTAR program.

At the time a complaint is filed, the Plaintiff must file a separate statement with the Court indicating whether the case is subject to the FASTAR program.

Applies to

Complaint with fastar certificate

A plaintiff filing a complaint must also file a separate FASTAR Certificate identifying whether the case qualifies for the FASTAR program.

When filing a complaint, the Plaintiff must file a FASTAR Certificate, which is a separate statement with the Court indicating whether the case is subject to the FASTAR program.

Applies to

Post answer choice certificate

After the defendant answers, the plaintiff must file a Choice Certificate selecting Fast Trial or Alternative Resolution.

Once Defendant has answered, Plaintiff must file a Choice Certificate, indicating whether Plaintiff elects a Fast Trial or elects Alternative Resolution.

Applies to

Notice of hearing

Either party may request a motion hearing by submitting a Notice of Hearing to the assigned judicial officer, after which a hearing date and time will be assigned.

Either party may request a hearing of a motion by submitting a Notice of Hearing to the assigned judicial officer and a date and time for the hearing will be assigned.

Applies to

Controverting certificate

The Controverting Certificate must state the party's objections, if any, to the Motion to Set and Certificate of Readiness.

The Controverting Certificate must state any objections to the Motion to Set and Certificate of Readiness.

Applies to

Order to appear

The Order to Appear may not require additional document production, although the applicant may request additional documents through discovery.

The Order to Appear must not require the production of any additional documents, but this does not preclude the applicant from requesting additional documents through discovery procedures.

Applies to

Required trial documents

Required documents must be exchanged with the opposing party, not filed with the court, and brought to trial or hearing as evidence.

Copies of all documents required by Pima County Local Rule 3.5(A)(3) and the ARFLP must be exchanged with the opposing party but shall not be filed with the Court, and must be brought to the trial or hearing for use as evidence.

Applies to

Pretrial statement

Family law pretrial statements must comply with Rule 76.1(f) and substantially follow the court-approved form.

The pretrial statement in family law cases must comply with Rule 76.1(f), ARFLP, and shall be in a form substantially similar to the court- approved form.

Applies to

Notice of program completion parent education course

The Conciliation Court must file the original parent-education completion notice with the clerk, and each party must promptly provide a copy to the opposing party or attorney unless the court orders otherwise.

The original Notice of Program Completion—Parent Education Course must be filed with the Clerk of the Court by the Conciliation Court. Each party must promptly provide a copy of the Notice of Program Completion to the opposing party or attorney, unless otherwise ordered by the Court.

Applies to

Private mediation agreement

The written agreement for private mediation must acknowledge that the private mediator received a copy of Pima County Local Rule 3.10.

The parties must also acknowledge in the written agreement that the private mediator has received a copy of Pima County Local Rule 3.10.

Applies to

List of witnesses and exhibits

A list of witnesses and exhibits intended for trial must comply with Rule 26.1.

(3) No later than 20 days after the Notice of Appeal is served, the appellee may serve a “List of Witnesses and Exhibits Intended to be Used at Trial” that complies with Rule 26.1.

Applies to

Default judgment

Parties seeking a default hearing before a hearing officer should consult the Hearing Officer's Court Proceedings instructions.

If a default hearing is to be scheduled before the hearing officer, please refer to Hearing Officer’s Court Proceedings for further information.

Applies to

Affidavit of financial information

In every case, a party may choose the Affidavit of Financial Information in the Appendix to Rule 97 as an alternative financial affidavit.

In all cases a party may choose to use the Affidavit of Financial Information in the Appendix to Rule 97, ARFLP.