In my last post, I addressed resolving divorce cases by settlement. While settlement is the preferred way to resolve divorce cases, for various reasons some cases simply do not settle. All issues not resolved by settlement must be decided by a judge following a court trial. This post will address how to obtain a trial date when settlement efforts fail.
There are essentially two ways to have a trial date set in a divorce case. The first and most common is to have the trial set at a Resolution Management Conference. The second is to file a Motion to Set the case for trial.
Under current court procedure, a Resolution Management Conference (“RMC”) is scheduled in almost every case either upon one party’s motion or upon the judge’s own initiative. See Rule 76, Arizona Rules of Family Law Procedure. An RMC is a type of pretrial scheduling hearing with the judge. Both husband and wife are to attend, along with their lawyers. Among other business which may be conducted at an RMC, the court will usually schedule a trial date. Rule 76(A)(3)(e), ARFLP.
In the rare instance that the trial date is not scheduled at an RMC, either party may obtain a trial date by filing a Motion to Set the case for trial under Rule 77(A), ARFLP. The motion to set must state the following:
1. the date by which the case will be ready for trial;
2. the names, addresses and telephone numbers of the parties or their individual attorneys who are responsible for the conduct of the litigation;
3. whether the case is entitled to a preference for trial because custody is at issue; and
4. the estimated time for trial.
This post addresses only what is required to obtain a trial date. Subsequent posts will address preparing the case for trial and trying the case in court.
Copyright © 2012 by Scoresby Family Law – J. Kyle Scoresby, P.C. All rights reserved.