Arizona Rules of Family Law Procedure - Rule 4 - Time
When is ten days not ten days? In Arizona family law cases. If the court allows you ten days or less to do something, don't count holidays or weekends. If the court allows you more than ten days, count all days. So...in Arizona family law cases, 11 days is actually less than 10 days. Weird, huh? Also, if you mail something that requires a response, add another five days to the amount of time allowed. Here's the rule.
** A. Computation.** In computing any period of time prescribed or allowed by these rules, by any local rules, by order of court, or by any applicable statute, the day of the act, event or default from which the designated period of time begins to run shall not be included. When the period of time prescribed or allowed, exclusive of any additional time allowed under paragraph D, is less than eleven (11) days, intermediate Saturdays, Sundays and legal holidays shall not be included in the computation. When that period of time is eleven (11) days or more, intermediate Saturdays, Sundays and legal holidays shall be included in the computation. The last day of the period so computed shall be included, unless it is a Saturday, a Sunday or a legal holiday, in which event the period runs until the end of the next day which is not a Saturday, a Sunday or a legal holiday.
** B. Enlargement.** When by these rules or by a notice given thereunder or by order of court an act is required or allowed to be done at or within a specified time, the court for cause shown may at any time in its discretion (1) with or without motion or notice order the period enlarged if request therefor is made before the expiration of the period originally prescribed or as extended by a previous order or (2) upon motion made after the expiration of the specified period permit the act to be done where the failure to act was the result of excusable neglect; but it may not extend the time for taking any action under Rules 83(D), 84, and 85(C), except to the extent and under the conditions stated in them, unless the court finds (1) that a party entitled to notice of the entry of judgment or order did not receive such notice from the clerk or any party within 21 days of its entry, and (2) that no party would be prejudiced, in which case the court may, upon motion filed within thirty days after the expiration of the period originally prescribed or within 7 days of receipt of such notice, whichever is earlier, extend the time for taking such action for a period of 10 days from the date of entry of the order extending the time for taking such action.
** C. Orders to Appear***.* A judge of the superior court, upon request or petition supported by affidavit showing cause therefore, may issue an order requiring a party to appear and may make the order returnable at such time as the judge designates. Any such order to appear shall be served in accordance with the requirements of Rule 40, 41, 42, or Rule 91 as applicable, of these rules or, if the party to whom the order is directed has entered an appearance in the action, in accordance with the requirements of Rule 43, within such time as the judge shall direct.
D. Additional Time after Service by Mail. Whenever a party has the right or is required to do some act within a prescribed period after the service of a notice or other paper upon the party and the notice or paper is served by a method authorized by Rule 43(C)(2)(c) or (d), five (5) calendar days shall be added to the prescribed period. This rule has no application to the distribution of notice of entry of judgment required by Rule 81(D).