Az Motion Court Order Without Notice
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FAQ
An urgent motion can be brought without the substantive issues being first conferenced, and without proper notice. Simply put, you can circumvent the rules if you can prove your motion is urgent.
Motions must be in writing unless made during a hearing or trial. AZ D LRCiv 7.2(a) (amended eff 12/1/17). The moving party must serve and file with the motion's papers a memorandum setting forth the points and authorities relied upon, unless ordered by the court.
To bring an urgent motion with notice, you must give detailed, specific information of your concerns. You also have to give evidence that shows why you can't wait until after a case conference to bring your motion. If you're making the motion, you're called the moving party .
An urgent motion without notice is sometimes called an emergency motion or an ex parte motion . This means you don't have to serve your documents on your partner before the judge hears your motion and makes a decision. You can bring an ex parte motion only in very few situations.
Arizona Family Rule 48 does allow a person to seek emergency intervention from the court to suspend another parent's child access or legal decision-making (?LDM?) rights. Used properly, the process can shield a child from serious physical injury or psychological harm. It can also save a life.