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Rule 3.7. Pretrial Statement

Arizona Revised Statutes AnnotatedLocal Rules of Practice Superior Court

Arizona Revised Statutes Annotated
Local Rules of Practice Superior Court (Refs & Annos)
Pima County (Refs & Annos)
Rule 3. Family Law Cases
17C A.R.S. Super.Ct.Local Prac.Rules, Pima County, Rule 3.7
Formerly cited as AZ ST PIMA SUPER CT Rule 8.7, AZ ST PIMA SUPER CT Rule 8.8
Rule 3.7. Pretrial Statement
(A) Preparation, Signing, and Filing of Pretrial Statements. In every family law case set for trial or scheduling conference, including any bifurcated portion of such trial, a pretrial statement must be filed. Counsel who will try the case and who are authorized to make binding stipulations on behalf of the parties, or the parties themselves, if self-represented, must confer and prepare the pretrial statement, signed by each party or counsel. Pretrial statements required by Rule 76.1(f), ARFLP, must be filed no later than 20 days before the date set for trial or Scheduling Conference, or on the date ordered in the family law trial notice. The original must be filed with the Clerk of the Court and a copy must be provided to the Case Management Services department and the assigned trial division. Failure to comply with Pima County Local Rule 3.7(A) may result in the imposition of interim relief and/or sanctions as set forth in Pima County Local Rules 3.5(F) and 3.7, or any other sanctions provided by Rule 76.2, ARFLP.
(B) Contents of Statements. The pretrial statement in family law cases must comply with Rule 76.1(f), ARFLP, and shall be in a form substantially similar to the court-approved form.
(C) Accompanying Documents. The parties or, if represented, their counsel must each file with the joint or separate pretrial statement, a Proposed Legal Decision-Making or Parenting Time Plan if parenting time or legal decision-making are not resolved. Copies of all documents required by Pima County Local Rule 3.5(A)(3) and the ARFLP must be exchanged with the opposing party but shall not be filed with the Court, and must be brought to the trial or hearing for use as evidence.
(D) Restrictions on Exhibits and Witnesses. No exhibits or witnesses may be offered or presented during the trial other than those listed on the pretrial statement, and timely exchanged, unless otherwise permitted by the Court.
(E) Sanctions. If there has been a failure by either or both counsel, or the parties if not represented by counsel, to prepare the pretrial statement, the Court may impose any of the sanctions or penalties allowed by the ARFLP, any statute, or the Court's inherent authority. At the request of a party, the Court may continue the trial, enter an interim award for relief to the requesting party, and award the requesting party attorney's fees and expenses incurred in preparing for and attending the domestic settlement conference or trial. For purposes of entering an interim award, the Court may, on its own motion, examine a party as may be necessary. A non-compliant party may be precluded from introducing evidence and from conducting cross-examination regarding the interim award.

Credits

Added effective July 1, 2018. Amended April 30, 2019, effective May 1, 2019.
17C A. R. S. Super. Ct. Local Prac. Rules, Pima County, Rule 3.7, AZ ST PIMA SUPER CT Rule 3.7
State Court Rules are current with amendments received and effective through 4/1/22. The Code of Judicial Administration is current with amendments received through 4/1/22.
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