Legal Memorandum: Determining legal decision-making and parenting time

Issue: What are the factors considered by a court when awarding child custody in (the state of) Arizona?

Ariz. R. Civ. P. 7.1(e) discusses the requirements for seeking a motion to reconsider a ruling of the court. The Rule states:

A party seeking reconsideration of a ruling of the court may file a motion for reconsideration. All motions for reconsideration, however denominated, shall be submitted without oral argument and without response or reply, unless the court otherwise directs. No motion for reconsideration shall be granted, however, without the court providing an opportunity for response, a motion authorized by this Rule may not be employed as a substitute for a motion pursuant to Rule 50(b), 52(b), 59 or 60 of these Rules, and shall not operate to extend the time within which a notice of appeal must be filed.

AZ R. Civ. P. Super. Ct 7.1(e) (2014).

In In re $1,034.00 in U.S. Currency, the court held that a final judgment cannot be modified or vacated pursuant to Ariz. R. Civ. P. 7.1(e).

A motion for reconsideration pursuant to Rule 7.1(e), in contrast, has no specific time limit and does not restrict a party to any particular basis for requesting relief. Thus, allowing a motion for reconsideration to be used as a vehicle to modify or vacate a final judgment would render superfluous the postjudgment motions we have enumerated. See Adrian E. v. Ariz. Dep’t. of Econ. Sec., 215 Ariz. 96, ¶ 12, 158 P.3d 225, 229 (App. 2007) (courts are reluctant to interpret rule so as to render any part […]

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