Judicial Branch of Arizona, Mohave County

REPRESENTING YOURSELF IN FAMILY COURT

It is not easy to represent yourself in Family Court, but many people do it for financial and other reasons. 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 Self-Service Center, visit the Mohave County Superior Court website (www.mohavecourts.com) or consult a lawyer.

Proceedings in Family Court follow the Arizona Rules of Family Law Procedure.

In a divorce or paternity case, you may be referred to an Early Resolution Conference, Mediation, a Parenting Conference, 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.

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.

Legal custody (decision-making authority over major matters concerning the children).
Parenting time (what time each parent will spend with the children).
Child support.

The Judge will decide these issues based on the evidence presented during the trial. Only evidence you bring to the trial will be considered.

After the trial, the Judge may issue a ruling in open court or may take the case “under advisement,” which means that the Judge will issue a written ruling at a later time.

The judge’s ruling may be a signed decree or judgment, which officially concludes the case. If the judge chooses, the judge may decide disputed issues and then require one or both of the parties to submit a decree for the judge’s signature.

When preparing for the trial, it is critical that you read the judge’s minute entries carefully. The minute entries typically contain the Judge’s requirements for the trial. These requirements may include: (1) Submitting a pretrial statement that describes the issues in the case and lists your witnesses and exhibits; and (2) Giving copies of your exhibits to the Clerk and to the other party before the trial.

Many Judges impose time limits at the trial. It is your responsibility to make sure you present all your evidence in the time allotted.

The main thing that happens during the trial is the presentation of evidence. The Judge will make decision based on the evidence presented during the trial. Evidence is generally of two kinds: (1) Witness testimony and (2) Documents.

When you call a witnessto testify, you must ask the witness questions. A witness may only answer questions that are asked. When the party who called a witness is done with questioning, the other party may “cross-examine” the witness by asking additional questions.

A party may testify as a witness on his or her own behalf. However, while a witness is on the stand, the parties may only ask questions. Arguing with a witness or commenting on the answers is not allowed.

Documents may be evidence at the trial, but you must follow the proper procedure. Before the trial (usually 5 days before), documents you must give documents that you want to use to the Clerk of the Court to be “marked” with an exhibit number. However, marking an exhibit does not mean it is evidence. Rather, during the trial, you must “offer” the exhibit by asking the judge to admit it into evidence. The judge then decides whether to admit the evidence. The judge will consider only evidence that is admitted.

Although family cases are often emotional, it is important that everyone act in an orderly and respectful way in court. Here are some “Do’s and Don’ts:”

Do dress appropriately. Don’t wear hats, sunglasses, or ragged clothes.
Do wait your turn to speak. Don’t interrupt or bicker while someone else is talking.
Do treat others with respect. Don’t curse, make faces, or engage in confrontational behavior.
Do be honest and candid with the judge. Don’t lie or try to hide things.
Do make sure that friends and family who accompany you sit quietly. They are not allowed to speak unless called as a witness, and then only when they are testifying.

This guide presents very basic information. For additional information, read the applicable statutes and rules, consult the Self-Service Center, go to the “Family Court” section of the Mohave County Superior Court website (www.mohavecourts.com), and if necessary, consult a lawyer.