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Telephonic Appearances in Family Law Cases in Arizona

There are times in a case where the Court may allow a person to appear telephonically in hearing and offer their testimony telephonically. The Court may grant a Motion for telephonic appearance, upon a finding of one of the factors listed below.

Party

For a party, the Court may grant a telephonic appearance if the following is shown,

  1. The party is reasonably prevented from attending the hearing or trial

  2. Attendance at hearing would be a burdensome expense to the party.

Witness

  1. The witness is reasonably prevented from attending the hearing or trial

  2. The witness would be unduly inconvenienced by attending the hearing or trial

  3. Attendance in person at hearing or trial would be a burdensome expense to the witness.

Keep in mind, that if any above apply, the Court may still deny the Motion for Telephonic Appearance, especially upon finding that if the Motion were granted it could substantially prejudice the other party.

Procedure

  1. You must file the motion for telephonic appearance at least 30 days before the scheduled hearing or trial.

  2. If the hearing or trial is scheduled less than 30 days, then you can file the motion up to 5 days before the hearing.

  3. To oppose the motion, you must file a response within 5 days from the date of service.

Remember, even if you have missed the deadline, it is still possible to be granted the Motion, especially if the other side stipulates to it.

To file correctly, remember to attach an Order for the judge to sign.

Additional resources provided by the author

A.R.F.L.P. Rule 8
A.R.S. §25-1256(F)

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