If a party fails to disclose information required by Rule 49, the other party may move to compel disclosure and for appropriate sanctions. (B) To Compel a Discovery Response. A party seeking discovery may move for an order compelling an answer, designation, production, or inspection, if any person or entity has not complied with a discovery rule.
Full Answer
Rule 49. Disclosure Part VII. Disclosure and Discovery (Refs & Annos) Rule 49. Disclosure (a) Generally. (1) Purpose. This rule's disclosure requirements are intended to ensure that each party to an action is fairly informed of the facts, data, legal theories, witnesses, documents, and other information that is relevant to the case.
Rule 49 is the specific rule under the Arizona Rules of Family Law Procedure that provides the minimum disclosure obligations required in each type of family law case. The purpose of disclosure is to make sure that each party to a family law case has access to information and/or evidence that may be material to the contested issues.
The purpose of disclosure is to make sure that each party to a family law case has access to information and/or evidence that may be material to the contested issues. Pursuant to Rule 49 (b), each party should exchange Rule 49 disclosure within 40 days after a response to the petition is filed.
Disclosure of Witnesses and Expert Witnesses. As part of Arizona Rules of Family Law Procedure Rule 49, parties must also disclose witnesses they intend to use in their case. For witnesses the party would like to include in the trial, they must provide their name, address, and brief summary of what they will attest to.
In every family law case, ARFLP Rule 49 mandates that both parties disclose certain documents and answer questions relevant to the case. This duty to disclose is a “continuing duty” — each party is required to provide additional information and amend previous disclosures when changed circumstances warrant doing so.
For all divorce/family law cases in the state of Arizona, the Court requires mandatory disclosures by each party to the other, of all relevant evidence obtained by them during their respective discovery (fact finding and evidence gathering) process.
Rule 48 - Temporary Orders Without Notice (a)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.
If you are thinking about divorce, you may wonder, “Does it matter who files for divorce first in Arizona?” Legally, the answer is no. Whether you file first will not make any difference regarding any of the legal elements of your divorce.
How long do you have to be separated before divorce in AZ? No, Arizona does not require spouses to separate before filing for divorce (dissolution of marriage). However, there is a waiting period of at least 60 days before the divorce can be finalized after filing and serving your spouse.
Every matter submitted for determination to a judge of the superior court for decision shall be determined and a ruling made not later than sixty days from submission thereof, in accordance with Section 21.
How long do I have to serve the Defendant? Generally, your Summons and Complaint must be served within 90 days after you file the Complaint. (ARCP 4(i)) If you fail to serve the Defendants within 90 days, your Complaint will be dismissed.
-A Family Court may receive as evidence any report, statement, documents, information or matter that may, in its opinion, assist it to deal effectually with a dispute, whether or not the same would be otherwise relevant or admissible under the Indian Evidence Act, 1872 (1 of 1872).
While divorce laws vary by state, here are the basic steps for a divorce in Arizona:First, you must meet the residency requirements of the state.Second, there must be a reason to end the marriage. ... Third, you must file divorce papers and have copies sent to your spouse.More items...
Arizona is a no-fault divorce state, so no law prohibits you from dating during the divorce process. Ultimately, only you can make the decision about whether to date during the divorce process. If you know dating will set off your spouse, it's probably in your best interest to wait until your divorce is finalized.
Generally, it is the wife that files for divorce in Arizona so she will be entitled to half of all community property and earnings during the marriage unless she can prove otherwise. Our advice is not contesting a wife's entitlement to more than 50%, but trying to settle out of court by negotiating with her attorney.
To initiate a divorce in Arizona, a spouse files a “Petition for Dissolution of Marriage” with the clerk of the Superior Court and pays the requisite filing fee. The other spouse must be served with a copy of the petition and summons.
The term “disclosure” refers to each litigant’s obligation to exchange certain documents and information with the other parties during litigation. Rule 49 is the specific rule under the Arizona Rules of Family Law Procedure that provides the minimum disclosure obligations required in each type of family law case. The purpose of disclosure is to make sure that each party to a family law case has access to information and/or evidence that may be material to the contested issues. Pursuant to Rule 49 (b), each party should exchange Rule 49 disclosure within 40 days after a response to the petition is filed.
Pursuant to Rule 49 (b), each party should exchange Rule 49 disclosure within 40 days after a response to the petition is filed.
Rule 49 provides only the minimum disclosure required in Arizona family law cases. Parties are free to conduct additional discovery pursuant to Rule 51. At the very least, parties should consider whether to send the applicable Family Law Uniform Interrogatories.
Rule 49 also requires each party to disclose the names, addresses, and telephone numbers of any witnesses each party intends to call along with a summary of the expected testimony. If a witness is not properly disclosed, the family court may not allow the witness to testify.
This can be accomplished by sending an Initial Disclosure Statement (sometimes called a “Rule 49 Statement”) to the other party or the party’s attorney, if represented. This form can be used. Disclosure statements are not filed with the court; however, it is important to note that Rule 49 also requires the parties to exchange ...
In addition to the normal witness disclosure requirements, Rule 49 requires a party to disclose the content of the expert testimony, the expert’s qualifications, and the name and address for any custodian of reports prepared by ...
However, parties are not allowed to use a witness in trial that was not disclosed at least 60 days prior to the trial.
Arizona Family Law Procedure 49, commonly referred to as Rule 49, sets the minimum disclosure requirements for individuals involved in family law ...
The purpose of Rule 49 is to set requirements and procedure standards for all family law cases. Rule 49 addresses the exact requirements individuals must adhere to in their disclosures in a family law case. It requires that unless otherwise specified, within 40 days after filing a response to an initial petition each party must disclose, in writing, information regarding the following topics: 1 Resolution Statement 2 Child Support 3 Spousal Maintenance and Attorneys’ Fees and Costs 4 Property 5 Debts 6 Disclosure of Witnesses and Expert Witnesses
Parties must disclose information pertaining to the case, within 30 days or receiving the information. Parties are also required to provide any requested, ...
Parties are entitled to request compensation for spousal maintenance and attorneys’ fees and costs associated with the case. If either party requests for these payments, then both parties are required to disclose information relating to these topics.
Copies of credit card statements from 6 months prior to the initial petition up until the disclosure
The resolution statement is not intended to include arguments for one side, it is simply to disclose where you stand on each matter. The purpose is to propose options to come to an agreement upon and resolve the issues at hand.
If a party obtains or discovers information that the party knows or reasonably should know is relevant to a hearing scheduled to occur in less than 30 days , the party must disclose that information reasonably in advance of the hearing.
Unless the parties agree in writing or the court orders otherwise, every party must serve an initial disclosure of information required under sections (d) through (k) not later than 40 days after the filing of the first responsive pleading to a petition.
(1) Production of Electronically Stored Information. Unless the parties agree or the court orders otherwise, within 40 days after serving its initial disclosure statement, a party must produce the electronically stored information identified under Rule 49. Absent good cause, no party need produce the same electronically stored information in more than one form.
This rule's disclosure requirements are intended to ensure that each party to an action is fairly informed of the facts, data, legal theories, witnesses, documents, and other information that is relevant to the case.
In a case in which legal decision-making or parenting time is an issue, the following documents and information must be served on the other party with the initial disclosure: (1) a copy of any past or current protective orders and underlying petitions involving a party or member of the party's household;
Each party must file a Resolution Statement with the court and serve the other party with a copy of the resolution statement. Unless the court orders otherwise, a Resolution Statement is not required in proceedings filed under A.R.S. § 25-409 (third-party rights). (d) Legal Decision-Making or Parenting Time.
Rule 30 (a) (1) Absent a stipulation of all parties to the action or an order of the court authorizing a briefer notice, a party desiring to take the deposition of any person upon oral examination shall give notice in writing to every other party to the action at least ten days prior to the date of the deposition.
Before Whom Depositions May Be Taken: Within the United States or within a territory or insular possession subject to the jurisdiction of the United States, depositions shall be taken before an officer authorized to administer oaths by the laws of the United States, the State of Arizona , or of the place where the examination is held, or before a person appointed by the court in which the action is pending. A person so appointed has power to administer oaths and take testimony. Depositions may be taken in this state or anywhere upon notice provided by these Rules without a commission, letters rogatory or other writ. The term officer as used in Rules 30, 31 and 32 includes a person appointed by the court or designated by the parties under Rule 29.
Deposition: A procedure where verbal questions are asked a Plaintiff or Defendant for immediate response. Depositions are usually recorded by a court reporter, who swears the person to tell the truth before questioning begins.
The answers or responses are usually due between 20-30 days.
Depositions shall be of reasonable length. The oral deposition of any party or witness, including expert witnesses, whenever taken, shall not exceed four (4) hours in length, except pursuant to stipulation of the parties, or, upon motion and a showing of good cause.
If the plaintiff seeks to take a deposition prior to the expiration of 30 days after service of the summons and complaint upon any defendant or service which is completed under Rule 4.2 of these rules, leave of court, granted with or without notice, is required except that leave is not required:
Whenever interrogatories are used, a space sufficient for the answer shall be left immediately below the question. The answering party shall insert the answer in the space below each interrogatory, or if it requires more space, on a separate sheet which restates the question before giving the answer.
There are many reasons that a spouse may request discovery in a divorce. In some cases, a spouse appears to have either hidden money, assets, or property. In other cases, a spouse may have frittered away marital assets through gambling or other activities indicative of marital waste. In order to equitably divide marital property, there must be a full accounting of the marital property which requires both parties to fully disclose all financial assets.
Property disclosure (including deeds, titles, bank statements for all financial accounts, investment statements, insurance payout history, evidence of property value for all real estate or properties, business records and business accounts, a listing of personal property, any other property or asset disclosure)
Copies of credit card statements and debt statements for all months for the period commencing six (6) months prior to the filing of the petition and through the date of the disclosure.
In many cases, the financial disclosure portion of the discovery process prove s critical to appropriately divide the marital assets equitably. Because this area is so often contested, the following list will better help you understand the exact documents that will need to be submitted as part of the financial disclosure portion of the discovery documents:
If you are facing a contested divorce, and one in which you believe that the discovery process will prove critical to receive the marital assets to which you are legally entitled, visiting with an experienced divorce attorney can help you better understand both your legal and financial rights. Without proper legal representation, you may miss key opportunities to receive critical information from your spouse that will lead you a more stable financial future for you and your children. Additionally, if you are part of a discovery process, failing to fully comply with the disclosures required by law can place you at a serious disadvantage or even result in serious legal charges. Contact one of our experienced family law attorneys at My Modern Law in Scottsdale, Mesa, Peoria, or Phoenix, Arizona who can provide you with answers and ensure you receive the best possible legal advice regarding the disclosure and discovery process in divorce. Contact us at (480) 470-7731 or online today.
While the discovery process is important for financial reasons, there are other reasons that may prove critical for child visitation and child custody purposes. The discovery process will allow a spouse to learn if the other spouse has any protective orders, psychological treatment providers, or even a full criminal history. The discovery process can prove invaluable in order for a spouse to ensure that their legal and financial rights remain protected.
Unfortunately, in many cases, a divorce can turn adversarial between spouses. When this happens, mediation typically is not a viable option. Because spouses often hide important financial or personal information from each other, some divorces require that spouses submit to the disclosure and discovery process. This legal process, governed by Arizona Revised Statutes 49-65, indicates that if the spouses enter into the discovery process they are bound by certain legal requirements. Visiting with an experienced divorce attorney can ensure that your legal rights remain protected and that you comply with the entire disclosure and discovery process.