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.