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Rule 76.1. Scheduling Conference; Scheduling Statement; Notice of Issues; Pretrial Statement

Arizona Revised Statutes AnnotatedRules of Family Law ProcedureEffective: January 1, 2023

Arizona Revised Statutes Annotated

Rules of Family Law Procedure (Refs & Annos)

Part IX. Pretrial and Trial Procedures (Refs & Annos)

Effective: January 1, 2023

17B A.R.S. Rules Fam.Law Proc., Rule 76.1

Formerly cited as AZ ST RFLP Rule 76(C)

Rule 76.1. Scheduling Conference; Scheduling Statement; Notice of Issues; Pretrial Statement

Currentness

(a) Scheduling Conference. The court may on its own, and on request of a party must, hold a scheduling conference to formulate a plan for trial, including procedures for facilitating the admission of evidence and the filing of a pretrial statements. At least one of the attorneys who will conduct the trial for each party, and any self-represented parties, must attend this conference.

(b) Timing. Unless the court orders otherwise, the parties must file:

(1) a scheduling statement 20 days before the date set for a scheduling conference, if one is set;

(2) a notice of issues under Rule 76.1(f) 20 days before a trial; and

(3) a pretrial statement 5 days before a trial.

(c) Joint and Separate Statements. Unless the court orders otherwise, the parties may file joint or separate statements. If preparing a joint statement, the party who initiated the action set for hearing must take the lead to prepare a draft joint statement and must communicate with every other party concerning the statement as outlined below:

(1) the party who initiated the action set for hearing must provide their outline for the pretrial statement to the opposing party 15 calendar days before the trial.

(2) then, 8 business days or more before the hearing, the parties must exchange their respective portions so that the positions can be merged.

(3) the pretrial statement will be reviewed by both parties and filed no less than 5 business days before the hearing date.

Every statement must be signed by each party or counsel. However, if the parties are self-represented and there is a history of domestic violence, the parties must file separate statements.

(d) The parties may use the form of statement provided in Form 16, Rule 97. Each statement must include the information required in section (e) or (g), as applicable.

(e) Scheduling Statement. If the statement is filed for purposes of a scheduling conference:

(1) a brief description of the nature of the action;

(2) each party's name and address, if not confidential;

(3) the name and date of birth of each minor child;

(4) the anticipated length of trial;

(5) the parties' stipulations or agreements;

(6) a statement of uncontested facts or law;

(7) detailed and concise statements of contested issues of fact and law;

(8) a list of witnesses each party expects to call testify during the trial;

(9) a list of the exhibits that each party may use at trial;

(10) a statement by each party providing the status of pretrial discovery and disclosure, existing discovery disputes, discovery and disclosure that each party believes must be pursued before trial, and a proposed schedule for remaining discovery and disclosure;

(11) a statement as to the parties' positions regarding processes to facilitate settlement applicable to the case and the estimated timing for mediation, if that is expected to occur; and

(12) if a request for attorney fees will be made for purposes of trial.

(f) Notice of Issues. The Notice of Issues must be substantially similar to the form set forth in Form 18, Rule 97. The Notice of Issues must contain a complete list of all remaining contested issues the filing party intends to present at the trial. Issues not raised previously cannot be raised for the first time in the Notice of Issues. Each party must file a separate Notice of Issues. Issues listed in the Notice of Issues are listed generally; specificity is reserved for the Pretrial Statement after the parties and/or their counsel (if represented) have met and conferred to narrow or resolve the contested issues before the generation and submission of the Pretrial Statement. Neither party is required to file a Notice of Issues before a temporary orders hearing or other interim hearing.

(g) Pretrial Statement. If the statement is filed for purposes of trial:

(1) a brief description of the nature of the action;

(2) each party's name and address, if not confidential;

(3) the name and date of birth of each minor child;

(4) the parties' stipulations or agreements;

(5) a statement of uncontested facts or law;

(6) detailed and concise statements of contested issues of fact and law;

(7) a position on each contested issue;

(8) if spousal maintenance is at issue, the amount and duration of support sought;

(9) if parenting time is at issue, the schedule of parenting time, including for holidays and vacations, each party maintains is in the best interest of the child;

(10) a list of witnesses each party intends to call at the trial;

(11) designation of deposition testimony under Rule 59(c)(2);

(12) each party's list of objections to any witness, and the basis for each objection;

(13) a list of the exhibits that each party intends to use at trial, specifying exhibits that the parties agree are admissible at trial or, if not in agreement, listing the objections and the specific grounds for each objection that a party will make if the exhibit is offered at trial;

(14) a statement by each party confirming that all pretrial discovery and disclosure has been completed by the trial date and that the parties have exchanged all exhibits and reports of experts who have been listed as witnesses;

(15) a statement as to whether the parties have in good faith discussed settlement, and if not, the reasons for not discussing settlement;

(16) any request for attorney fees; and

(17) a statement about how a verbatim record of the trial will be made.

(h) Attachments to the Statement. Each of the parties must file with the statement the following:

(1) If child support, spousal maintenance or attorney fees are at issue:

(A) if the statement is submitted prior to a scheduling conference, a summary of income and expenses;

(B) if the statement is submitted prior to trial, a comprehensive statement of income and expenses substantially in the form set forth in Form 2, Rule 97 (“Affidavit of Financial Information”) or in such other form permitted by local rule;

(2) If child support is at issue, a fully completed Parent's Worksheet for Child Support Amount; and

(3) if the case involves an action for dissolution, legal separation, or annulment, a detailed itemized inventory of property and debt substantially in the form set forth in Form 12, Rule 97 (“Inventory of Property and Debts”):

(A) listing community, joint tenancy, and other property and debts held in common by the parties;

(B) listing the separate property and debts of each party;

(D) including for each property the title by which the property is held, the amount of encumbrances, and each party's position regarding the value of the property; and

(E) setting forth each party's proposed distribution of property and debts.

(i) Failure to List. A party may not present a witness or offer an exhibit during trial other than those listed and exchanged in a statement submitted before the scheduling conference or trial, unless the court orders otherwise for good cause. A party waives the right to raise an objection at the trial or hearing if the specific objection to a witness, exhibit, or claim is not raised in the statement submitted pursuant to section (g) of this rule. A party may not present an issue not listed in either party's Notice of Issues at trial, unless the court orders otherwise for good cause.

Credits

Added Aug. 30, 2018, effective Jan. 1, 2019. Amended Aug. 29, 2022, effective Jan. 1, 2023.

17B A. R. S. Rules Fam. Law Proc., Rule 76.1, AZ ST RFLP Rule 76.1

State Court Rules are current with amendments received through April 1, 2024. The Code of Judicial Administration is current with amendments received through April 1, 2024.

End of Document