Motion to Set Resolution Management Conference

Motion to Set Resolution Management Conference Legal Docs

If you are involved in a family court case, particularly a divorce or legal separation, you will likely be required to attend a Resolution Management Conference (RMC). In some cases, a family will request this hearing be scheduled in order to discuss and resolve issues. In others, the conference will determine that issues are unresolvable and that the case will require a judgment from a subsequent trial.

To request that the court schedule an RMC, participants must file a Motion to Set Resolution Management Conference. However, virtually every family law case will automatically require the scheduling of an RMC to establish the judge’s familiarity with the case and determine the subsequent needs.

The Purpose of a Resolution Management Conference

A Resolution Management Conference aims for an amicable and efficient outcome for the case with the purpose of achieving the following goals: 

  • Inform the judge of the details and circumstances of the case with regard to both sides.
  • Facilitate communication between both sides and their lawyers to allow for negotiation, compromise, and agreement on important issues.
  • Explore options like mediation or other alternatives to resolve remaining issues and avoid a trial if possible.
  • Establish the need for a trial if all other alternative resolution methods are deemed ineffective.

How to Prepare for a Motion to Set RMC

The most important thing anyone can do upon filing for a Motion to Set Resolution Management Conference is to ensure your documents are filed as accurately as possible to represent your situation, the details of your case, and the factors involved in any disputes between you and the other party. The more accurate the information you provide, the more information can be considered by the judge, who will ultimately be determining the direction of your case and making a ruling.

Without proper documentation of the details of your case, the judge will not be properly informed of your unique position in the case or the information regarding your position, and thus, the hearing will have little merit. Consider that properly drafted documents can ensure that the RMC takes place as needed, but well-drafted documents can positively affect the outcome of an RMC hearing. Honest and well-presented documents can not only serve to meet the needs of your case as a whole but also your individual needs for the final outcome of your hearing.

AZ Legal Framework for Filing a Motion to Set Resolution Management Conferences

The straightforward rules that govern Arizona family law motion practice filing, such as a Motion to Set Resolution Management Conference, begin with Rule 91. This rule specifically verifies that any family law case is subject to the scheduling of an RMC by the court. It also states that any party may request one of these hearings by filing a Motion to Set Resolution Management Conference.

AZ Legal Framework for Filing a Motion to Set Resolution Management Conferences

Filing a motion requires specific requirements to be met, including filing a written Motion to Set Resolution Management Conference that includes the individual’s legal and jurisdictional basis for filing the request. The motion must also specify the reason for the hearing, such as the issues that need to be discussed.

Secondly, the party filing the motion, also called the moving party, must serve notice to all other parties involved in the case either by mail, approved electronic delivery, or hand delivery. This notifies the other parties that a motion was made, and they are now involved in the case. This notice also allows the opposing party an opportunity to respond to the motion, so long as it is within the appropriate time frame set forth in the motion notice. If objections are raised, the court will address these in a separate hearing.

When the court receives the Motion to Set Resolution Management Conference, the RMC will be set for a date within 30 days. When resolutions regarding various areas are not made in the RMC, an evidentiary hearing will be scheduled to facilitate the resolution of the disputed issues.

Key Considerations When Filing a Motion to Set Resolution Management Conference

When preparing for and presenting a Motion to Set Resolution Management Conference, there are some important elements that must be considered. First, when filing the motion, the timeframe of the case should be considered because the motion must indicate the date the case will be ready for trial. The names and contact information of the parties and their attorneys should also be listed precisely. Next, an estimate of the time the trial will take should also be included, along with whether or not the case involves custody, which would entitle the case to preference for trial status.

Potential for Meet and Confer Requirements

Often, the court will require the parties involved in a Resolution Management Conference to participate in a session known as a “Meet and Confer.” This meeting enables the involved parties, their attorneys, or both to gather and discuss various details of the case ahead of the Resolution Management Conference. The intent is to attempt to settle at least some of the issues concerning the hearing in advance.

Early Resolution Conference

When neither party is represented by an attorney, a judge will see a need for an Early Resolution Conference that will be scheduled within one month. This allows the judge to gain important insight into a case much earlier. The court will set this date and require the parties to meet with a mediator to determine whether any issues can be settled before the Resolution Management Conference.

Temporary Orders

There are frequent instances in Arizona family court, specifically in divorce cases, when court orders are needed, but case rulings are not yet finalized by a judge. During the time leading up to a divorce hearing and final judgment, there may be a need for temporary orders regarding matters like child custody, child support, spousal support, and other areas. Once a motion for the requested order is made, an RMC will be scheduled to inform the judge of the situation.

In order to get an RMC scheduled, you must file the appropriate motion associated with the order you’re requesting.

The various motions that must be filed to request temporary orders be granted, along with any documents that must accompany them, are listed below. 

  • Motions for Pre-Decree Decision-Making and Parenting Time – Must include a proposed parenting plan stating decision-making parameters and visitation time for both parties
  • Motions for Pre-Decree for Child Support Orders – Must include the completed Child Support Worksheet with the amount of support requested and an Affidavit of Financial Information as required by law in Rule 97 (Form 2)
  • Motions for Pre-Decree for Spousal Maintenance – Must include specific amounts and duration requested, as well as an Affidavit of Financial Information according to Form 2 found under Rule 97
  • Motions for Pre-Decree for Property, Debt, and Attorney Fees Orders – Must state the reason for specific relief, proposed exclusion of a party from a residence, division of community property, or payment of debts, expenses, or attorney fees (must state specific fee amounts and include Affidavit of Financial Information), as well as specific amounts of income and assets each party should receive if granted

Accurate documents that are properly prepared can make a significant impact on your case. If you need Arizona family law motion document help, Draft My Legal Docs is a powerful resource operated by respected Arizona family law attorneys.

What to Expect at a Resolution Management Conference

Once you have a scheduled date on the court docket for your RMC, there are a few things you should do to prepare. First, it is imperative that you plan to attend the RMC, or your side of the case may be discounted in the final ruling. Likewise, if the other party does not appear, it can be harmful to their case. Thus, it is important all involved participants be in attendance, as well as both sides’ legal representatives, if you have them.

RMC Memorandum

You will be required to submit an RMC Memorandum. This document briefs the judge on the details of your case. Both sides must submit this memorandum so that the judge can gather insight into the entire picture of the case, including both sides of the story. It is important that this document is drafted carefully and created to be an all-encompassing overview that contains any and all relevant information to your case.

RMC Memorandum

A petition for divorce doesn’t include the intricacies of a family’s situation, so the judge needs more of the story to accurately preside over your RMC. The Memorandum provides this by informing the judge about both parties’ circumstances, status, minor children involved, and any issues, whether agreed upon or still unresolved. It should contain any pertinent information related to child custody, child support, division of property, or spousal support. However, it’s important to note that the RMC is non-evidentiary, so there is no need to include exhibits, evidence, or testimony – it should just present the facts of the case.

The Outcome of an RMC

The judge will ultimately use the information gained throughout the RMC process not to make any rulings or judgments on the case but merely to determine whether the case requires a trial, if it qualifies for a Settlement Conference, or if it needs another form of hearing to better serve the needs of the case. For instance, if there are unresolved issues regarding a parenting plan or visitation schedules, the judge may schedule a Parenting Conference to resolve these types of disputes. However, if there are issues that have been agreed on by both parties and submitted to the judge via the RMC, the terms of these agreements become legally binding for both spouses at this hearing.

The Importance of the RMC

It can be useful to think of an RMC as an interview at a staffing company and the Memorandum as a resume submitted prior to that interview. The resume informs the hiring manager of all the background and details of your history regarding your employment, just as the Memorandum informs the judge of the history regarding your family. If you were interviewing for a job placement, you would want to make a good impression and present yourself as honestly and positively as possible. This should also be your intention when attending your RMC.

Making an honest and accurate impression should be your primary goal throughout your RMC. Just as a staffing agency would take all the data, perspective, and influence from the interview obtained by the interviewer to properly place you in a job that suits your specific qualifications, a judge directs your case to properly meet your needs within the scope of Arizona family laws.

How an RMC Can Affect Your Case

An RMC can be leveraged as a powerful tool in family court and thus should not be taken lightly. It should be used to shape the judge’s perspective and opinion of your case. When your RMC documents are well-crafted and drafted by a legal professional, it can make a significant difference in the outcome of your case. Draft My Legal Docs can help you make a positive impression at your RMC, which can greatly impact the subsequent proceedings of your Arizona family law case, as well as assist in the preparation of related documents required for various motion requests. For help creating accurate RMC documents, contact Draft My Legal Docs.

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