Title: Understanding Arizona's Motion to Clarify and/or Reconsider and Protective Order: A Comprehensive Guide Introduction: In legal proceedings, it often becomes necessary for parties to seek clarification or reconsideration of court orders. Within the Arizona legal system, specific motions can be filed to address such situations. This article aims to provide a detailed description of Arizona's Motion to Clarify and/or Reconsider and the associated Protective Order, covering different types and their significance. 1. Arizona Motion to Clarify: A Motion to Clarify is typically filed when a court order or ruling is unclear or ambiguous to one or both parties involved. This motion seeks to clarify or explain the court's intent, ensuring that all parties are on the same page. It aims to avoid misinterpretation and potential misunderstandings that may hinder the progress of the case. Parties requesting clarification detail the specific areas or issues they require guidance on. 2. Arizona Motion to Reconsider: The purpose of a Motion to Reconsider is to ask the court to review, alter, or change a prior ruling based on new evidence, error in the judgment, or changed circumstances. Parties must present substantive reasons supported by legal arguments to convince the court that reconsideration is warranted. It is important to note that a Motion to Reconsider is not a platform for reiterating previously made arguments but rather a genuine plea for the court to reassess its previous decision. Types of Motions to Clarify and/or Reconsider and Protective Order: a. Motion to Clarify and/or Reconsider a Child Custody Order: In cases involving child custody, either parent may file a Motion to Clarify and/or Reconsider regarding specific terms or arrangements mentioned in the original custody order. This motion could address visitation rights, parental responsibilities, decision-making authority, or any other area of confusion that may have arisen. b. Motion to Clarify and/or Reconsider a Divorce Decree: After a divorce decree is issued, either party may request clarification or reconsideration regarding any provisions involved. This can include matters related to spousal support, property division, child support, or any other aspect that requires further explanation or possible modification. c. Motion for Protective Order: Arizona law allows individuals to file a Motion for Protective Order to seek court-ordered protection from threats, harassment, violence, or any harmful behavior by another party. These orders are issued to protect victims from further harm, and violations can result in legal consequences for the offender. Conclusion: In Arizona's legal landscape, the Motion to Clarify and/or Reconsider and the Protective Order play vital roles in establishing clarity, addressing ambiguities, ensuring fairness, and providing protection to those in need. Parties involved in legal proceedings should consult with legal professionals to determine the appropriate type of motion to file and understand the related legal procedures and deadlines in order to navigate the process effectively.
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(1) Generally. A party seeking reconsideration of a court order or ruling may file a motion for reconsideration. (2) Procedure. All such motions, however denominated, must be submitted without oral argument and without the filing of a responsive or reply memorandum, unless the court orders otherwise.
The purpose of a Motion for Clarification is to ask the Court to explain the provisions of a prior order of the Court that a party does not fully understand.
The Rule Rule 50(a) provides for a motion for judgment as a matter of law (JMOL) which may be made at any time before submission of the case to the jury. This was previously known as a motion for a directed verdict.
(c) Timing. A party desiring reconsideration of a decision must file a motion for reconsideration in the appellate court within 15 days after the appellate court enters its decision. A party may amend a motion for reconsideration only with the appellate court's permission. (d) Response.
Rule 84(b), absent good cause, sets a time limit of six months after entry of the ruling to file a motion for clarification. However, a motion for clarification of support obligations or distribution of retirement benefits can be filed at any time.
A party may file a motion that requests the court to clarify a ruling if the ruling is confusing or is susceptible to more than one reasonable interpretation. (b)Timing. A party may file a motion for clarification at any time, but the motion does not extend the time for filing a notice of appeal.
If you wish to contest an Order of Protection, you must first request a hearing. You have the right to request a hearing within five business days of being served with the order. To do so, visit the court that issued the order and fill out a ?Request for Hearing? form.
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 ance with Section 21. Article VI of the Arizona Constitution.