415 Spring Street
Kingman, AZ 86401
Judicial Administrative Assistance:
COVID-19 Notice Regarding Court Procedures
Honorable Derek Carlisle
Judge Carlisle received both his undergraduate and law degrees from the University of Texas at Austin. He received his Bachelor of Arts in Computer Science in 1987 and his law degree in 1993
|Division 2 Court Calendar is posted each day at 3:00 p.m. Please click here to view current calendar.||Steve|
Court Room Policies and Procedures
- Exhibit Protocol
All documents and things to be used as exhibits, together with a list describing the documents or items, shall be submitted to the Clerk of the Court at least three (3) working days before a scheduled proceeding (evidentiary hearing or trial).
Exhibits shall be presented individually organized and separated and each exhibit with multiple pages or items (such as photographs) shall be appropriately fastened to avoid intermingling. Numerical or financial information should be collected, identified and presented in a demonstrative compilation or summary format. (Use of tabs or, at a minimum, colored paper as a cover sheet for each exhibit is the preferred method of separating and organizing exhibits.)
Copies of all documentary exhibits are to be provided to opposing counsel/litigant (a copy to the other side) and a judge’s copy contained in a hearing notebook or trial notebook, which is indexed and tabbed, at least three (3) working days before a scheduled proceeding. If a party intends to introduce an exhibit which is not a paper exhibit of the size 8½ inches by 11 inches, the party shall produce a photograph or copy of the exhibit in paper form in the size 8½ inches by 11 inches. (Use of hearing notebooks or trial notebooks is the preferred method of providing copies.) Hearing notebooks or trial notebooks should be indexed and tabbed.
Because the Court has limited storage space, the judge’s copy of the exhibits will be returned to counsel/litigants at the conclusion of the hearing and they are expected to make the copy available to the judge should any future hearings be held.
Amended: January 13, 2014
- Protocolo De Evidencia
Por lo menos tres (3) días laborales antes del procedimiento programado (audiencia probatoria o juicio) deberán de presentarse al Secretario de la Corte todos los documentos y cosas a ser usados como evidencias, así como una lista que describa los documentos u objetos.
Las evidencias deberán ser presentadas individualmente organizadas y separadas, y las evidencias que tengan múltiples paginas o múltiples objetos (tales como fotografías) deberán ser debidamente aseguradas para evitar que se entremezclen. Información numérica o financiera deberá ser colectada, identificada y presentada en una manera demostrativa o en un formato resumido. (El uso de separadores, o al menos el uso de papel de color que funcione como hoja de presentación para cada evidencia se prefiere como método de separación y organización de evidencias.)
Copias de todos los documentos usados como evidencia deberán ser proporcionadas al abogado/litigante adversario (una copia a la parte contraria) y la copia del juez será incluida en el libro de audiencias o en el libro de juicios, deberá incluir un índice y deberá estar debidamente organizada, deberá ser presentada al menos tres (3) días laborales antes del procedimiento programado. Si una de las partes tiene la intención de presentar una evidencia que no sea una evidencia de papel de tamaño de 8 ½ pulgadas por 11 pulgadas, la parte deberá proporcionar una fotografía o copia de tal evidencia en papel de tamaño 8 ½ por 11 pulgadas. (El método preferido para el uso de libros de audiencias o libros de juicios es el de proveer copias.) Los libros de audiencia o libros de juicio deberán tener índice y separadores.
Debido a que la Corte tiene un espacio limitado de almacenamiento, la copia de las evidencias del juez serán retornadas al abogado/litigante al final de la audiencia y ellos serán los encargados de proveer copias al juez en caso se llegaran a necesitar en una futura audiencia.
- Hearing and Trial Preparation
Witness & Exhibit List
Each litigant shall prepare a witness and exhibit list; a court form can be obtained from the clerk’s office or from the Court’s website mohavecourts.com, “Court Forms” link Divorce Forms.
In the witness list, you must identify each witness you intend to testify at the time of trial by name, address, telephone number and a brief statement as to what that witness will testify.
In the exhibit list, you will describe each document or thing that you intend to present to the court at the time of hearing or trial. For example, if you would like to present a calendar as it pertains to visitation, photographs or financial documents,
they should be listed and described.
The witness and exhibit list will be filed with the clerk and a copy of the list and copies of the actual exhibits must be sent to the other party. Copies to opposing counsel/litigant must be provided at least three (3) working days before a scheduled hearing. Proof that the list and exhibits were served, mailed or
delivered to the other party must also be filed with the Court. The reason for providing copies is so that both parties are aware of what the other party will be presenting to the Court. Do not file the original exhibits in the case.
The original exhibits must be presented to the clerk at least two days prior to the hearing or trial. You will provide the clerk with the original exhibits for marking; please note that the original exhibits are submitted to the clerk and not filed. You
will also present a photocopy of the exhibits for use by the Judge. The Judge will need a copy in order to follow the witness when testifying about an exhibit. Again, each litigant must also mail/provide a copy of their exhibits to the other party, prior
to the trial, and file proof of service/mailing of the exhibits to the court. Please see the Court’s Exhibit Protocol.
If either party fails to prepare a witness and exhibit list or fails to comply with the exhibit protocol or hasn’t proven to the Court that the list or copies of the exhibits were mailed to the other party, that litigant will be precluded from calling their
witnesses or presenting their exhibits.
Amended: September 23, 2011
- Notice to Litigants Representing Themselves
Arizona Courts have long held that litigants, who chose to represent themselves, are held to the same standard as an attorney.“It is well established that where a party conducts his case in propria persona he is
entitled to no more consideration than if he had been represented by counsel, and
he is held to the same familiarity with required procedures and the same notice of
statutes and local rules as would be attributed to a qualified member of the bar.”*
“A party’s ignorance of the law is not an excuse for
failing to comply with it.”**
*Copper State Bank v. Soggio, 139 Ariz. 438,441,679 P.2d 84,87 (App. 1983)(citing Smith v. Rabb, 95 Ariz. 49,386 P2.d 649 (1963); Homecraft Corp. v. Fimbres, 119 Ariz. 299,580 P.2d 760 (App. 1978); Bloch v. Bentfield, 1 Ariz. App. 412,403 P.2d 559 (1965).
**In re Marriage of Williams, 219 Ariz. 546, 549, ¶ 13, 200 P.3d 1043, 1046 (App.2008) (citing Moore v. Meyers, 31 Ariz. 347,356,253 P. 626,629 (1027).
- Self Representation Guide
It is not easy to represent yourself in Family Court, but many people do it for financial and other reasons. This brief guide gives you 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 Maricopa County Superior Court website (www.superiorcourt.maricopa.gov) or consult a lawyer.
Proceedings In Family Court
Proceedings or hearings and conferences 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 people reach agreement on all or some of their disputes. They generally are not done by your assigned judge.
You may have to appear before your assigned judge for a pretrial hearing. The most common pretrial hearings are (1) a Resolution Management Conference, which helps the judge manage the case by setting deadlines and a trial date; and (2) a Temporary Orders Hearing, at which the judge may make temporary orders to be followed until the trial.
If you do not settle all issues with the other person, there will be a trial. A trial is the single hearing where the judge will hear evidence from both people and make final decisions on your disagreements.
Disclosure And Discovery
To help you prepare for the trial, the Arizona Rules of Family Law Procedure have disclosure and discovery requirements.
Disclosurerequirements are in Rule 49. You and the other person must voluntarily provide certain information to the other person. You have an obligation to tell the other person or disclose such information to them, and you have a right to have the other person disclose such information to you. Failure to disclose as required may result in penalties called sanctions, including being prevented from talking about or showing evidence that was not disclosed on time.
If you need information that the other person has not given you, you may engage in discovery, such as asking for documents from the other person or requesting with a subpoena documents from people or businesses that are not 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 the other person to present evidence on issues you do not agree about.Legal decision making (decision-making authority over major matters about the children). Parenting time (what time each parent will spend with the children). Child support.
General Issues If Children Are Involved In Your Case:
For Additional InformationDo dress appropriately. Don’t wear hats, sunglasses, or ragged clothes. Do wait your turn to speak. Don’t interrupt or argue while someone else is talking. Do treat others with respect. Don’t curse, make faces, or engage in insulting behavior. Do be honest and up front with the judge. Don’t lie or try to hide things. Do make sure that friends and family who come with you sit quietly. They are not allowed to speak unless called to the witness stand to testify.
This guide presents very basic information. For additional information, read about the statutes and rules, consult the Self-Service Center, go to the “Family Court” section of the Maricopa County Superior Court website (www.superiorcourt.maricopa.gov), and if necessary, talk with a lawyer.
The judge will decide these issues based on the evidence given and talked about during the trial. Only evidence you bring to or talk about at the trial will be considered.
After the trial, the judge may give you a ruling right there in court or may take the case “under advisement,” which means that the judge will give you a written ruling at a later time.
The judge’s ruling may be a signed decree or judgment, which officially ends the case. If the judge chooses, the judge may decide contested issues and then require you, the other person, or both of you to submit a decree for the the judge to sign based on what the judge decided.
Preparing For The Trial
When preparing for the trial, it is very important that you read the judge’s minute entries carefully. The minute entries tell you what the judge expects of you for the trial. It may include: (1) Giving the judge and the other person 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 person before the trial.
Many judges may hold you to time limitsat the trial. It is your responsibility to make sure you give all your evidence in the time allowed.
What Happens During The Trial?
The main thing that happens during the trial is the presentation of evidence. The judge will make decisions based on the evidence you have given and talked about 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 person who called a witness is done with questioning, the other person may “cross-examine” the witness by asking additional questions.
You and the other person may testify as a witness on his or her own behalf. However, while a witness is on the stand, you and the other person 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 rules. Before the trial (usually 5 days before), you must give documents that you want to use at trial 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.
Proper Court Behavior
Although family cases are often emotional, it is important that everyone act in a calm and respectful way in court. Here are some “Do’s and Dont's:”
Additional Issues If Your Case Involves A Divorce:Spousal maintenance. Division of community property and division of debts.
Mohave County Felony Case Management Plan