Rule 63, Arizona Rules of Family Law Procedure, ("ARFLP") provides authorization, in certain situations, for the court to order that a party to a Family Court action submit to a physical, mental or vocational evaluation.
Rule 63, expresses that, with regard to Arizona Family Law Cases, when the mental, physical, or vocational condition of a party or any other person is in controversy, the court may order that person to submit to a physical, mental, or vocational evaluation by a designated expert or to produce for evaluation the person in the party's custody or legal control.
The order may be made only on motion for good cause shown and upon notice to the person to be evaluated (unless the person to be evaluated is a minor child of one or both of the parties), and to all parties and shall specify the time, place, manner, conditions, and scope of the evaluation and the person or persons by whom it is to be made. The person to be evaluated shall have the right to have a representative present during the evaluation, unless the presence of that representative may adversely affect the outcome of the evaluation.
Rule 63 can be an invaluable mechanism in custody cases where the physical or mental health of one or more of the parties is in question. Meaning that in some way, the requesting party believes that another's ability to "parent" because of mental or physical defects is paramount to the court's custody determination. This Rule should not be employed in all cases, nor used to simply harass a party. There are very limited and specific reasons why requests should be made under Rule 63. For more information on whether your case warrants relief under Rule 63, it is strongly suggested that you meet with an experienced Arizona Family Lawyer prior to filing such request.
Finally, Rule 63 provides very specific requirements both procedurally and timing that must be met in using or suggesting evaluators to conduct such examinations. For this reason it is again urged that prior to making this request with the Court, that one meet with an experienced Arizona Family Law Attorney.
Having used Rule 63 many times and in many cases, Ariano & Reppucci, PLLC can assist during your free consultation in determining whether your desired Rule 63 request is reasonable.
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