In my last post, I addressed resolving divorce cases by settlement.\u00a0 While settlement is the preferred way to resolve divorce cases, for various reasons some cases simply do not settle.\u00a0 All issues not resolved by settlement must be decided by a judge following a court trial.\u00a0 This post will address how to obtain a trial date when settlement efforts fail.<\/p>\n
There are essentially two ways to have a trial date set in a divorce case.\u00a0\u00a0 The first and most common is to have the trial set at a Resolution Management Conference.\u00a0 The second is to file a Motion to Set the case for trial.<\/p>\n
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.\u00a0 See <\/em>Rule 76, Arizona Rules of Family Law Procedure.\u00a0 An\u00a0RMC is\u00a0a type of pretrial scheduling\u00a0hearing with the judge.\u00a0 Both\u00a0husband and wife are to attend, along with their lawyers.\u00a0 Among other business which may be conducted at an RMC, the court will usually schedule a trial date.\u00a0 Rule 76(A)(3)(e), ARFLP.<\/p>\n In the rare instance that the trial\u00a0date is not scheduled at an RMC, either party may\u00a0obtain a trial date\u00a0by filing\u00a0a\u00a0Motion to Set the case for trial under Rule 77(A), ARFLP.\u00a0 The motion to set must\u00a0state the following:<\/p>\n 1.\u00a0 the date by which the case will be ready for trial;<\/p>\n 2.\u00a0 the names, addresses and telephone numbers of the parties or their individual attorneys who are responsible for the conduct of the litigation;<\/p>\n 3.\u00a0 whether the case is entitled to a preference for trial because custody is at issue; and<\/p>\n 4.\u00a0 the estimated time for trial.<\/p>\n This post addresses only what is required to obtain a trial date.\u00a0 Subsequent posts will address preparing the case for trial and trying the case in court.<\/p>\n Copyright \u00a9 2012 by Scoresby Family Law \u2013 J. Kyle Scoresby, P.C. All rights reserved.<\/p>\n","protected":false},"excerpt":{"rendered":" In my last post, I addressed resolving divorce cases by settlement.\u00a0 While settlement is the […]<\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[109],"tags":[62,81,98],"class_list":["post-1313","post","type-post","status-publish","format-standard","hentry","category-divorce-process","tag-motion-to-set","tag-resolution-management-conference","tag-trials"],"yoast_head":"\n