Rule 3.Definitions
Part I. General Administration · Last amended August 28, 2025 · Last verified September 4, 2026
Full Text of Rule 3
Rule History
Added Aug. 30, 2018, effective Jan. 1, 2019. Amended on an emergency basis Aug. 30, 2021, effective Sept. 29, 2021, adopted on a permanent basis effective Jan. 1, 2022; amended effective March 31, 2023; amended on an emergency basis, effective Jan. 28, 2025, permanently adopted with additional amendments, effective Aug. 28, 2025.
Plain-English Summary
Rule 3 is eleven definitions. Most point outward to a statute; three do real work of their own.
Petitioner and respondent, permanently
A party is an individual or a private or public entity designated in a pleading as petitioner, respondent or third party — and the State of Arizona may be designated as a party. The petitioner is whoever files the first petition; the respondent is any opposing party other than the petitioner.
Then the sentence that settles a recurring confusion: the petitioner and respondent are referred to by those designations in all later filings in the same case, including motions and post-decree or post-judgment petitions. A parent who files a petition to modify years after the decree does not become "the petitioner" — the original designations hold.
One case, however many petitions
A family law case is a case assigned a unique number when an initial pleading is filed under Rule 23, or two or more cases consolidated under one number. And expressly: filing a post-decree petition under Rule 23, including a petition for civil contempt under Rule 92, does not create a separate family law case.
That definition is load-bearing elsewhere. Rule 6 gives each party one change of judge as a matter of right "in each family law case", so this is what decides whether a post-decree petition renews it — and Rule 6(g) answers that question separately.
In camera
Subsection (d) defines in camera review concretely rather than by Latin: the judicial officer reviews the document in chambers, not in open court; the party holding it submits it directly to the judicial officer without disclosing it to the other party; and the officer then privately decides whether it should be disclosed.
The rest
Adult in need of protection, conservator, guardian and incapacitated person all take their meaning from Titles 8 and 14 — with (c) adding that guardian is defined "in order to distinguish a guardian from a guardian ad litem or best interests attorney". A pleading is a document filed under Rules 23(a), 23(c), 23(f), 28 or 33 — a closed list. Sealing is the clerk's act of restricting access under Rule 17. Title IV-D is the federal child support program, administered in Arizona by the Division of Child Support Services. A witness is anyone whose sworn testimony is offered for any purpose, whether by oral examination, deposition or affidavit.
Frequently Asked Questions
Who is the petitioner in a post-decree case?
The person who filed the first petition in the case, whoever files the post-decree petition. Rule 3(f)(3) provides that the petitioner and respondent are referred to by those designations in all later filings in the same case, including motions and post-decree or post-judgment petitions.
Does a post-decree petition start a new case?
No. Rule 3(k) provides that the filing of a post-decree petition under Rule 23, including a petition for civil contempt under Rule 92, does not create a separate family law case.
What does in camera review mean here?
Rule 3(d) defines it as a judicial officer's review in chambers rather than open court. The party who possesses the document submits it directly to the judicial officer without disclosing it to the other party, and the officer privately determines whether it should be disclosed.
What counts as a pleading?
Rule 3(g) limits it to a document filed under Rules 23(a), 23(c), 23(f), 28 or 33.
What is a Title IV-D case?
Rule 3(i) defines Title IV-D as Title IV-D of the Social Security Act, 42 U.S.C. §§ 651 et seq., administered in Arizona by the Division of Child Support Services of the Arizona Department of Economic Security.