Pendente lite refers to an order which is in effect awaiting the litigation (lawsuit). It is often used in divorce law to refer to court orders such as temporary child support, visitation, or alimony which are in effect until the case is tried, or rights which cannot be enforced until the lawsuit is over. Pendente lite matters are contingent on the outcome of the underlying litigation. Sometimes a party is required to deposit funds with the court pending the outcome of the lawsuit. If the depositing party loses the lawsuit, the funds are paid to the opposing party.
Arizona Motion for Pendente Lite Relief
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Rule 35 - Family Law Motion Practice (a)Requirements. (1)Generally. A party must request a court order in a pending action by motion, unless otherwise provided by these rules.
If the court orders discovery of materials under Rule 51(b)(3)(A), it must protect against disclosure of the mental impressions, conclusions, opinions, or legal theories of a party's attorney or other representative concerning the litigation. (C)Discovery of Own Statement.
A court must correct a clerical mistake or a mistake arising from oversight or omission if one is found in a judgment. The court may do so on motion or on its own, with notice.
Rule 62 (Production of Documents and Things and Entry onto Land). It is standard in divorce and family law cases to submit a Request for Production of Documents to the other party unless the client already has all documents relevant to the issues.
To obtain alimony pendente lite, the applicant must show: Proof of marriage to the other spouse. The existence of a pending divorce. A cause of action or defense with some chance of success. Financial inability to support himself or herself and pay for the expenses associated with divorce.
Pendente lite. (pen-den-tay lee-tay) adj. Latin for awaiting the litigation (lawsuit). It is applied to court orders (such as temporary child support) which are in effect until the case is tried, or rights which cannot be enforced until the lawsuit is over.
Rule 84 - Motion for Clarification [Effective until January 1, 2024] (a)Grounds. A party may file a motion that requests the court to clarify a ruling if the ruling is confusing or is susceptible to more than one reasonable interpretation.
Overall, in order to maintain the status quo, a divorcing spouse may file a Motion for Pendente Lite (awaiting the litigation in Latin), which is an application for temporary relief pending the final resolution or decision of a divorce case.
