Ariz.R.Prot.Ord.Proc. 36

As amended through December 3, 2024

Rule 36 - Admissible Evidence

(a) Relevant Evidence and Exclusions. The court must limit the scope of the hearing to the allegations of the petition. Relevant evidence is admissible provided, however, that the court must may exclude relevant evidence if its probative value is substantially outweighed by a danger of one or more of the following: unfair prejudice, confusing the issues, undue delay, wasting time, needlessly presenting cumulative evidence, or lack of reliability.

(b) Reports, Documents, or Forms as Evidence. Any report, document, or standardized form required to be submitted to a court may be considered as evidence if either filed with the court or admitted into evidence by the court.

Formerly Rule 5 in part, added Sept. 5, 2007, effective 1/1/2008. Renumbered Rule 36 and amended Aug. 27, 2015, effective 1/1/2016. Amended Aug. 31, 2017, effective 1/1/2018; amended August 27, 2019 1/1/2020.

COMMENT

Rule 36(a). This rule is intended to give the court broad discretion in determining whether proffered evidence is admissible in any individual protective order hearing. The language of Rule 36(a) has been amended to adopt the standard used in Rule 2(B)(2) of the Arizona Rules of Family Law Procedure, except the "or failure to adequately and timely disclose same," given Rule 37 provides that disclosure requirements generally "do not apply to hearings on Orders of Protection, Injunctions Against Harassment and Injunctions Against Workplace Harassment." These changes are intended to adopt the same standard for admissible evidence in cases governed by the Arizona Rules of Protective Order Procedure that is used in cases governed by the Arizona Rules of Family Law Procedure when strict compliance with the Arizona Rules of Evidence is not demanded.

Rule 36(b). This rule allows the court to consider as evidence at any stage of the proceedings any report or document ordered or required by the court to be submitted to the court, such as drug testing results and reports from offender treatment programs, custody evaluators, conciliation services, family law masters, parenting coordinators, and other court-appointed experts.