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Last Post 01 Jun 2022 12:37 PM by  Susan Pickard
R-22-0007 ARFLP Rules 77 and 77.1 Regarding Informal Family Law Trials
 3 Replies
Author Messages
Susan Pickard
New Member
Posts:30 New Member

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08 Jan 2022 01:30 PM
    Susan Pickard on behalf of:

    Judge Greg Sakall
    Family Court Presiding Judge
    Pima County Superior Court
    110 West Congress Street
    Tucson, AZ 85701

    Judge Michael Peterson
    Presiding Judge
    Graham County Superior Court
    800 W Main St
    Safford, AZ 85546

    Judge Bruce Cohen
    Family Department Presiding Judge
    125 West Washington, Ste. 101
    Phoenix, AZ 85003

    This is a proposal for Arizona to adopt an informal family law trial (IFLT) program that would allow parties to opt into a more efficient and fair process to manage many family law cases.
    The goal of the IFLT is to provide judges and litigants with a potentially less contentious alternative trial process. Essential elements of all programs include the following:
    • Opt-in process. Both parties must agree.
    • Parties provide pretrial documents (pretrial statement, financial affidavits, parenting plan) just like a regular trial case.
    • Parties participate in an ADR process before trial.
    • Parties consent to the process and waive the right to trial under the standard rules.
    • Each party gets an opportunity to testify to the Court. The Court, not the parties, has the right to question the testifying party. The other party may suggest issues or questions that the Court should inquire of the testifying party. There is no cross-examination.
    • Additional witnesses are in the judicial officer’s discretion.
    • Rules of evidence are relaxed; the Court considers any relevant evidence.
    • Expert reports can be admitted without testimony so long as each party had the opportunity to review the report at a time sufficiently in advance of the proceeding.
    • Judicial officers typically announce a decision before leaving the courtroom
    • Parties retain appeal rights.

    Filed: January 8, 2022

    Would amend Rule 77 and adopt a new Rule 77.1 of the Arizona Rules of Family Law Procedure to adopt an informal family trial program to increase access to justice and improve efficiency in family law matters.

    Comments must be submitted on or before Monday, May 2, 2022.
    Any reply by a petitioner must be submitted on or before Wednesday, June 1, 2022.

    Attachments
    Susan Pickard
    New Member
    Posts:30 New Member

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    10 Feb 2022 12:45 PM
    Susan Pickard on behalf of
    Family Court Improvement Committee
    Judge Paul McMurdie, Chair
    [email protected]
    602.542.3252

    On February 9, 2022, the Family Court Improvement Committee moved to support the Informal Family Law Trials process presented in this Petition. The motion passed unanimously.
    State Bar of Arizona
    Basic Member
    Posts:112 Basic Member

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    29 Apr 2022 06:00 PM
    Lisa M. Panahi, Bar No. 023421
    General Counsel
    State Bar of Arizona
    4201 N. 24th St., Suite 100
    Phoenix, AZ 85016

    Comment of the State Bar of Arizona.
    Attachments
    Susan Pickard
    New Member
    Posts:30 New Member

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    01 Jun 2022 12:37 PM
    Susan Pickard on behalf of:

    Judge Greg Sakall
    Family Court Presiding Judge
    Pima County Superior Court
    110 West Congress Street
    Tucson, AZ 85701

    Judge Michael Peterson
    Presiding Judge
    Graham County Superior Court
    800 W Main St
    Safford, AZ 85546

    Judge Bruce Cohen
    Family Department Presiding Judge
    125 West Washington, Ste. 101
    Phoenix, AZ 85003

    Pursuant to Rule 28(e)(4) of the Arizona Rules of Supreme Court, the undersigned submit the following Reply in support of the Petition.
    Attachments


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