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Rule 3.Definitions

Part I. General Administration · Last amended August 28, 2025 · Last verified September 4, 2026

In one sentenceRule 3 defines the ruleset's vocabulary — including who counts as petitioner and respondent for the life of the case, and what a single family law case is.

Full Text of Rule 3

Text sizeJump to: (a) (b) (c) (d) (e) (f) (g) (h) (i) (j) (k)

(a) Adult in Need of Protection. “Adult in need of protection” means a person 18 years of age or older for whom the court could appoint, or has appointed, a conservator or enter another protective order under A.R.S. § 14-5401(A)(2).
(b) Conservator. “Conservator” is defined in A.R.S. § 14-1201.
(c) Guardian. A “guardian” is a person appointed under Titles 8 or 14 of the Arizona Revised Statutes. Guardian is defined in order to distinguish a guardian from a guardian ad litem or best interests attorney.
(d) In Camera Review. “In camera” means a judicial officer's review of a document that occurs in chambers and not in open court. If the court orders that a document be reviewed in camera, the party who possesses the document must submit it directly to the judicial officer without disclosing it to the other party. The judicial officer must then privately review the document and determine whether it should be disclosed under the applicable law and rules.
(e) Incapacitated Person. “Incapacitated person” is defined in A.R.S. § 14-5101.
(f) Party. A “party” is an individual, or a private or public entity, designated in a pleading as a petitioner, respondent, or third party. The State of Arizona may be designated as a party.
(1) A “petitioner” is the person or entity that files the first petition.
(2) A “respondent” is any opposing party other than the petitioner.
(3) 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.
(g) Pleading. A “pleading” is a document filed under Rules 23(a), 23(c), 23(f), 28, or 33.
(h) Sealing. “Sealing” is an action taken by the clerk to restrict access to a record under Rule 17.
(i) Title IV-D. “Title IV-D” means Title IV-D of the Social Security Act, 42 U.S.C. §§ 651 et seq., which is administered in Arizona by the Division of Child Support Services (DCSS) of the Arizona Department of Economic Security.
(j) Witness. A “witness” is a person whose testimony under oath or affirmation is offered as evidence for any purpose, whether by oral examination, deposition, or affidavit.
(k) Family Law Case. A “family law case” is a court case assigned a unique case number upon the filing of an initial pleading under Rule 23, or two or more cases consolidated under a single case number. 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.
End

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.

Source & verification. Rule text and Rule History reproduced verbatim from the Arizona Rules of Family Law Procedure as published by the Arizona Supreme Court, current through amendments effective January 1, 2026. Promulgated by the Supreme Court of Arizona (Ariz. Const. art. 6, § 5). Last verified September 4, 2026. · Official text
Also known as: definitionspetitionerrespondentfamily law casein cameraTitle IV-DDCSSguardianincapacitated personpleading defined