In Arizona family law cases, Rule 49 sets forth specific disclosure requirements to ensure fairness and transparency between both parties. Here’s what you need to know:
1. Initial Disclosures (Due 40 Days After Response Filing)
- Purpose: Rule 49’s disclosure requirements ensure that each party is fully informed about the relevant facts, data, and legal arguments in the case.
- Timing: Each party must serve their initial disclosures no later than 40 days after the filing of the first response (the “responsive pleading”) to a petition. This includes providing all documents and information relevant to the issues being litigated.
2. Key Documents and Information to Disclose
- Financial Information: If child support, spousal maintenance, or attorney fees are at issue, each party must provide:
- Tax returns (last 3 years), pay stubs, and proof of other income.
- Details of any child-related expenses like childcare or health insurance.
- An Affidavit of Financial Information (AFI), outlining each party’s income, expenses, and assets.
- Property Information: In cases where property is an issue, parties must disclose: Documents related to real estate, bank accounts, retirement accounts, and other assets or liabilities.
- Parenting Time/Decision-Making: If legal decision-making or parenting time is an issue, the parties must disclose: Information on protective orders, criminal charges, mental health, or substance abuse history.
3. Continuing Duty to Disclose
- Ongoing Responsibility: Disclosure is not a one-time event. Parties must continue to update their disclosures if new or additional information arises throughout the case.
- Timeliness: Updated disclosures must be provided within 30 days of the party discovering new information. If a hearing is scheduled in less than 30 days, the party must disclose this information as soon as possible.
4. Failure to Disclose
- If a party fails to disclose important information, provides false or misleading information, or discloses untimely, the opposing party may seek remedies through Rule 65, which could include sanctions, dismissal, or other penalties.
