Rule 319 - Motion for Judgment as a Matter of Law(a)Generally.(1) A party other than the petitioner may make a motion for judgment as a matter of law as to some or all of the grounds or allegations in a petition or motion at the conclusion of the petitioner's presentation of evidence. For purposes of this rule, "petitioner" is the party who initiated a dependency, permanent guardianship, or termination action, either by petition or motion.(2) A party making a motion under this rule must identify the specific ground or allegation the party is challenging and the legal and factual basis for the motion.(3) When considering a motion under this rule, the court must view the evidence and all reasonable inferences in the light most favorable to the petitioner.(4) The court may grant a motion under this rule only if the facts presented in support of the petition have so little probative value that no judge could reasonably find for the petitioner.(5) The court must rule promptly on the motion. The parties are not required to present further evidence until the court decides the motion. (b)Required Inquiry. Before granting a motion under this rule, the court must inquire if any party other than the petitioner wishes to present evidence in support of the grounds or allegations in the petitioner's motion or petition, and if so, the court must allow the party to present evidence.(c)Dependency Adjudication. The court must grant the motion if it finds that the petitioner has not provided sufficient evidence to establish that the child is a dependent child pursuant to A.R.S. § 8-201(15)(a).(d)Termination Adjudication. The court must determine whether to grant a motion under this rule based on the sufficiency of the evidence for each ground or allegation challenged by the motion. (1)Grounds. The court must dismiss each ground for which there is insufficient evidence. It must proceed with the adjudication on any remaining ground.(2)Best-Interests. If the court finds sufficient evidence on any of the remaining grounds, it must grant the motion if it determines that the petitioner has failed to provide sufficient evidence to establish that the termination would be in the child's best interests.(e) Guardianship Adjudication. The court must grant a motion under this rule if the court finds that there is not sufficient evidence to prove the ground for permanent guardianship.(f)ICWA. If ICWA applies in any of the adjudications described in sections (c), (d), or (e), any party may move for a judgment under this rule on whether the petitioner has provided sufficient evidence as required by 25 U.S.C. § 1912 and 25 C.F.R. Part 23.(g)Findings. If the court grants a motion under this rule in whole or in part, the court must make written findings in a signed minute entry or order that support granting the motion.Adopted Dec. 8, 2021, effective 7/1/2022.