Arizona Order Scheduling a Detention Hearing

State:
Arizona
Control #:
AZ-DC-116
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PDF
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Description

Order Scheduling a Detention Hearing

Arizona Order Scheduling a Detention Hearing is a court order that is issued by a judge when a person is arrested and detained in custody. The hearing is used to determine if the person should remain in custody pending a trial or be released on bail. The hearing allows the court to consider the evidence, listen to the defendant and their attorney, and then make a decision regarding the defendant's detention. Depending on the situation, there are two types of Arizona Order Scheduling a Detention hearing: 1. Initial Detention Hearing: This hearing takes place within 24 hours of the person's arrest. During the hearing, the court will decide whether to continue to detain the person in custody or release them on bail. 2. Detention Hearing on Motion: This hearing takes place after the initial hearing. It is usually requested by the defendant or their attorney if they disagree with the court's decision on the initial hearing. This hearing allows them to present new evidence and arguments in an effort to prove that the person should be released on bail. Both types of Arizona Order Scheduling a Detention Hearings are important for ensuring that a person's rights are protected and that they are not unjustly detained in custody.

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FAQ

A Rule 11 motion in Arizona allows a party to seek sanctions against another for filing frivolous or baseless claims. This motion encourages parties to engage in good faith during family law proceedings. For those involved in Arizona Order Scheduling a Detention Hearing, being aware of Rule 11 motions can aid in addressing any misconduct effectively.

Rule 35.1 in Arizona family law is a guideline that pertains to the disclosure of information in family law proceedings. It often addresses the requirements for sharing evidence, particularly in matters involving children and support. If you are dealing with an Arizona Order Scheduling a Detention Hearing, understanding Rule 35.1 can help you prepare your case effectively.

An order to show cause hearing in Arizona is a courtroom proceeding where a judge evaluates the arguments presented by both parties regarding the order. During this hearing, each party can present evidence and make their case, influencing any changes in custody or other family law issues. Being prepared for this hearing is critical for anyone navigating the complexities of an Arizona Order Scheduling a Detention Hearing.

The order to show cause notice is a document that informs all involved parties about the upcoming hearing related to the specific order. It details the reasons for the order and the time and location of the hearing. Familiarity with this notice is crucial for effectively managing your rights during an Arizona Order Scheduling a Detention Hearing.

In Arizona, an order to show cause serves as a legal request that requires a party to explain why a specific action should not be taken. This order often emerges in family law cases where a party seeks a change in custody, support, or other judicial determinations. Understanding this concept is essential for anyone involved in Arizona Order Scheduling a Detention Hearing, as it can influence the outcome of your case.

The court should freely permit an amendment when doing so will aid in presenting the merits and the objecting party fails to satisfy the court that the evidence would unfairly prejudice that party's claim or defense on the merits.

Rule 48 - Temporary Orders Without Notice (a)Filing and Timing. A party may request temporary orders without notice by filing a verified motion, along with a proposed form of orders and a notice of hearing on the motion.

Rule 16.1 - Settlement Conferences (a)Generally. At a party's request or on its own, a court may require the parties to participate in one or more pretrial settlement conferences unless the action is a lower court appeal or is subject to compulsory arbitration under Rule 72.

Rule 16.1 - Settlement Conferences (a)Generally. At a party's request or on its own, a court may require the parties to participate in one or more pretrial settlement conferences unless the action is a lower court appeal or is subject to compulsory arbitration under Rule 72.

More info

Order Scheduling a Detention Hearing. Download Form (pdf, 259.At the conclusion of the detention hearing, the court shall enter a written order setting forth its findings pursuant to paragraph (C). Comment. When the court has determined that a detention hearing is warranted, it may consider evidence relating to a defendant's danger to the community. If the defendant cannot "post bail" (pay the money), the judge may order the defendant to be remanded into the custody of the U.S. Marshals pending trial. At the conclusion of the detention hearing, the magistrate judge will decide whether you will be detained or release. Argued January 20, 2021 Decided February 11, 2021. RABNER, C.J., writing for the Court. ORDER RE PREVENTATIVE. The clerk will notify the Respondent and schedule a hearing within 30 days.

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Arizona Order Scheduling a Detention Hearing