Trial Continuances in Arizona Family Court Matters
Once a family law case has been set for trial on a specific date by order of the court, no continuance of the trial shall be granted except upon written motion setting forth sufficient grounds and good cause. This is true, regardless of whether the trial is set for a Divorce, Child Custody, Child Support, Modification, Spousal Maintenance, Enforcement, etc. See Rule 77, Arizona Rules of Family Law Procedure, ("ARFLP"). To better determine if sufficient grounds and good cause exists to continue a previously scheduled trial date, it is suggested that you contact an experienced Arizona family law attorney prior to filing any motion with the Court.
One such example of good cause to continue a previously scheduled trial is when an indispensable witness is unavailable to testify at the time of trial.
For instance, Rule 77 (2), ARFLP, states that on a Motion to Continue a Trial, if the ground for the continuance is the unavailability of a party or witness, the party requesting the continuance shall state in his/her motion:
a. Why the testimony of such witness is material to the proceedings;
b. That the party has used due diligence to obtain such testimony;
c. When the party learned of the witness' or party's unavailability; and
d. That the postponement is not sought only for delay, but is based on good cause.