Rule 25.Additional Filings

Rule 25 is the counter-work rule. Filing a petition is not enough; several documents must be presented to the clerk, issued by the clerk, and returned to the petitioner for service.

What goes with each kind of petition

• Annulment, dissolution, or legal separation. A preliminary injunction for issuance under A.R.S. section 25-315(A), and a summons.
• Paternity or maternity. A summons. If the petition also requests legal decision-making or parenting time, a preliminary injunction under A.R.S. section 25-808 as well.
• Legal decision-making or parenting time where paternity is already established. A preliminary injunction under A.R.S. section 25-808, and a summons.

The preliminary injunction is the point worth noticing. In a dissolution it issues automatically at filing, on presentation to the clerk, without a motion, a hearing, or a showing of irreparable harm. Nothing in ordinary civil practice works that way.

Everything else the case requires

Section (d) sweeps in all other notices, forms and orders required by statute, these rules, local rules, or administrative orders -- the clerk issues those too and returns them for service. Section (e) requires a family law cover sheet as required by administrative order or local rule, except as ACJA section 1-901 provides.

The order to appear

For any action described in Rule 23(b)(2) -- the enforcement, registration and modification petitions -- the petitioner gives the court two copies of an order to appear substantially like Form 13 in Rule 97. The court uses it to schedule the hearing and returns a copy for service. The hearing date is therefore set before service, which is why Rule 27(d) measures the service deadline backward from the hearing.