Posts classified under: AZ

For all divorce/family law cases in the state of Arizona, the Court requires mandatory disclosures by each party to the other, of all relevant evidence obtained by them during their respective discovery (fact finding and evidence gathering) process. A Rule 49 Disclosure Statement will provide the opposing party with a list of relevant evidence, facts, documents, and witnesses that a party intends to use at time of hearing. This document will include copies of the evidence/documents obtained and will be sent directly to the opposing party or their attorney if they are represented (not the Court). A Rule 49 Disclosure Statement will allow the other party to quickly identify issues pertaining to:

• Legal Decision-Making
• Parenting Time
• Child Support
• Dissolution of Marriage (Divorce) for separation of property and debts
• Spousal Support/Maintenance

Evidence/documents provided in a Rule 49 Disclosure Statement can include but are not limited to:

• Tax Documents
• Pay Stubs
• Email Correspondence
• Employment Records
• Business Records
• Contracts
• Real Property Deeds or Titles
• Evidence of Property Value
• Bank Statements
• Credit Card Statements
• Bills
• Phone Recordings

Rule 49 Disclosure Statements are due forty (40) calendar days after the initial responsive pleading is filed. Furthermore, all parties will be required to supplement their disclosures as new evidence and/or information is obtained. Failure to disclose evidence/information in a timely manner may result in that evidence/information being excluded at time of hearing or trial.

A Subpoena is a legal document that is signed by the Clerk of the Court commanding that a person appear to provide testimony or produce documentation or any other information that is in their possession, custody, or control. This document will include where and when to appear as well as what documents need to be produced (if any). Moreover, there are certain duties and rights that the person responding to the subpoena must abide by and be informed of. For this reason, the subpoena will need to clearly describe those duties and rights. Once the Clerk of Court signs off on the subpoena, it must be served by a person over the age of 18 that is not party to the case with proof of service (when applicable), filed with the Clerk of Court.  If a party fails to obey a subpoena, they may be held in contempt of court.

Uniform Family Law Interrogatories are a set of standardized questions submitted by one party to an opposing party (not to the Court) for purposes of fact finding and/or evidence gathering. The list of questions are the same in every case; however, the number of questions needing to be answered may differ depending on the issues involved in the case. For example, a divorce with children will have more applicable questions than a divorce without children. Uniform Family Law Interrogatories will pertain to the parties’:

• Personal Information
• Financial Information
• Health Insurance Coverage and Expenses
• Life Insurance Policies
• Domestic Violence History
• Criminal History
• Parenting Time Proposals
• Legal Decision-Making Proposals.

The party must respond to the answers within 40 days of the service of the document. If you receive notice of service of Non-Uniform Family Law Interrogatories from an opposing party, it is important that you timely respond to the questions and/or requests contained therein. Failure to do so could result in sanctions by the Court. As a responding party, you will also sign and notarize the document, swearing and affirming that the information contained therein is complete, accurate, and correct. Typically, the answering party of the Uniform Family Law Interrogatories will also be required to provide documentation supporting their responses.