Rule 2 - [Effective 1/1/2025] Applicability of the Arizona Rules of Evidence(a)Effect of a Rule 2(a) Notice; Time for Filing; Revocation. Any party may file a notice to require compliance with the Arizona Rules of Evidence at a hearing or trial. A party must file the notice at least 45 days before the hearing or trial, or by another date set by the court. If a hearing or trial is set fewer than 60 days in advance, the notice is deemed timely if a party files it within a reasonable time after the party is notified of the hearing or trial date. A party's notice is only effective until such time as a judgment, as defined by Rule 78(a)(1), as to all claims, issues, and parties has been entered and no further matters remain pending, as defined by Rule 78(c). A party's notice may only be revoked in writing, signed by both parties, and filed with the court.(b)Effect of No Notice. If no party files a timely notice under (a), (1) Arizona Rules of Evidence 602, 801-807, 901-903, and 1002-1005 do not apply; and(2) the other Rules of Evidence, including Rule 403, still apply, except as provided in sections (c) and (d).(c) Records of Regularly Conducted Activity. Regardless of whether a notice was filed, a record of regularly conducted activity as defined in Rule 803(6) of the Arizona Rules of Evidence or reports prepared pursuant to Rules 68 or 73 may be admitted into evidence without testimony of a custodian or other qualified witness regarding its authenticity if the record is relevant, reliable, and was timely disclosed.(d)Affidavits of Financial Information. Any Affidavit of Financial Information required to be filed or served may be considered as evidence if offered as evidence by a party and admitted into evidence by the court.Ariz. R. Fam. Law. proc. 2
Added Oct. 19, 2005, effective 1/1/2006. Amended Sept. 5, 2007, effective 1/1/2008; 9/16/2008, effective 1/1/2009; 8/27/2015, effective 1/1/2016; 9/2/2016, effective 1/1/2017; amended effective1/1/2019; amended Aug. 22, 2024, effective 1/1/2025.