REPRESENTING YOURSELF IN FAMILY COURT
This brief guide provides some very basic information to help you understand the proceedings.
It does not tell you everything about family law or family court, and it is no substitute for understanding
Title 25 of the Arizona Revised Statutes, the Arizona Rules of Family Law Procedure, and the Arizona
Rules of Evidence. For more information, you should go to the Pinal County Superior Court website
(www.pinalcountyaz.gov/Departments/JudicialBranch/) or consult a lawyer.
Proceedings in Family Court
Proceedings in Family Court follow the
Arizona Rules of Family Law Procedure
.
In a divorce or paternity case, you may be referred to an Expedited Differentiated Case
Management Conference, Mediation, Family Assessment, or a Settlement Conference (sometimes called
an Alternative Dispute Resolution or “ADR”). These proceedings are designed to help the parties reach
agreement on all or some of their disputes. They generally are not conducted by your assigned Judge.
You may also have to appear before the Judge for a pretrial hearing. The most common pretrial
hearings are (1) a
Resolution Management Conference
, which helps the Judge manage the case by,
among other things, setting deadlines and a trial date; and (2) a
Temporary Orders Hearing
, at which
the Judge may issue temporary orders to govern the case until the trial.
If you do not reach a settlement of all issues, there will be a
trial
. This is the single hearing
where the Judge will hear your evidence and make final decisions on disputed issues.
Disclosure and Discovery
To help parties prepare for the trial, the Arizona Rules of Family Law Procedure have
disclosure
and
discovery
requirements.
Disclosure
requirements are in Rule 49. Each party must voluntarily provide certain
information to the other party. You have an obligation to disclose such information to the other party,
and you have a right to insist that the other party disclose such information to you. Failure to disclose
as required may result in sanctions, including being barred from offering evidence that was not timely
disclosed.
If you need information that is not voluntarily disclosed, you may engage in
discovery
, such as
requesting documents from a party or subpoenaing documents from non-parties. Rules 51 through 65
of the Arizona Rules of Family Court discuss the requirements for discovery.
What is a Trial?
A trial is the time for you and for the other party to present
evidence
on disputed issues.
General Issues If Children Are Involved in Your Case:
●
Legal decision-making (authority over major matters concerning the children).