Pre-Trial Statement

A Pre-Trial Statement or Pre-Hearing Statement is a legal document filed with the Court. The Pre-Trial Statement contains the party’s position on issues to be addressed at an upcoming trial or hearing. The parties may submit a joint Pre-Trial Statement, but usually each party submits their own separate statement. Pursuant to Rule 76.1 (f) and Rule 76.1 (b) of the Arizona Rules of Family Law Procedure, pretrial statements are to be submitted to the Court not later than 20 days prior to trial, albeit, that date may be, and usually is altered in a scheduling order by the Court (in most cases 7 days prior to trial). Typically, this document will clearly outline a party’s position on the following issues:

• Legal Decision-Making, Parenting Time, and Child Support (if minor children are involved)
• Distribution of Property
• Distribution of Debts and Assets
• Spousal Maintenance (Alimony)

Specifically, the Pre-Trial Statement should include:

• If there are disputed custody, access or visitation issues, a specific proposal for custody and parenting time.
• If there are disputed issues regarding division of property, a current and detailed Inventory of Property and Debts, together with a summary proposal by each party as to how the property and assets should be divided. If possible, the Court prefers a one-page statement of all property except personal property items valued at less than $500 each.
• If spousal maintenance is requested and disputed, each party shall state the amount and duration of spousal maintenance requested.
• If division of debts is an issue, the parties shall prepare and exchange a list of all debts, including creditor’s name, amount of debt, monthly payment amount, the reason the debt was incurred, who should pay the debt, and all of the information required by A.R.S. §25- 318(H). 8. If there is a disputed issue regarding the payment of attorney’s fees by either party, an affidavit of the attorney’s fees claimed submitted in accordance with the requirements of Rule 78(D), Arizona Rules of Family Law Procedure.
• List of the party’s Exhibits
• List of the party’s Witnesses

Included with a Pre-Trial Statement are the following supporting documents:

• Affidavit of Financial Information
• If there are disputed child support issues, a current Parent’s Worksheet for Child Support Amount completed by each party pursuant to the Statewide Child Support Guidelines.

If the parties have a natural or an adopted minor unemancipated child in common, proof of compliance with the Parental Education Program requirements of A.R.S. §25-351 is required.