Arizona

Family Law

Rule 76 – Resolution Management Conference

(a)Purpose and Setting. The purpose of a resolution management conference (“RMC”) is to facilitate agreements between the parties. The court may, and on a party’s request must, set an RMC. The court must hold an RMC not later than 60 days after a request is filed, unless the court extends the time for good cause, except as otherwise provided in Rule 47.

(b)Meet-and-Confer and Other Party Duties.

(1)Generally. Not less than 5 days before the RMC, the parties must:

(A) confer to resolve as many issues as possible. This requirement does not apply if a court order prohibits contact between the parties, or they have a history of domestic violence. However, in such situations counsel still must take all reasonable steps to resolve as many issues as possible; and

(B) prepare and file a written resolution statement setting forth any agreements reached by the parties. Each party must file a separate position statement setting forth the party’s position on all disputed issues in the case.

(2)Form of Resolution Statement. The resolution statement must be substantially in the form set forth in Form 4 or 5, Rule 97, as applicable.

(c)Court Action. At the RMC, the court may:

(1) enter binding agreements on the record under Rule 69;

(2) determine the parties’ positions on the disputed issues and explore reasonable solutions to facilitate their resolution;

(3) enter temporary orders based on the parties’ stipulations or, if the parties agree, based upon the parties’ discussions, avowals, and arguments at the RMC without holding an evidentiary hearing on contested issues;

(4) order evaluations, assessments, appraisals, testing, appointments, or other special procedures to properly manage the case and resolve disputed issues;

(5) resolve any discovery and disclosure schedules and disputes and adopt any agreements of the parties regarding discovery and disclosure;

(6) permit the amendment of pleadings;

(7) assist in identifying those issues of fact and law that are still disputed;

(8) refer a matter for settlement conference;

(9) order other alternative dispute resolution processes;

(10) schedule an evidentiary hearing, a trial, and any other necessary hearings or conferences;

(11) set a date for filing the pretrial statement required in Rule 76.1;

(12) impose time limits on trial proceedings or portions of those proceedings, and issue orders about managing documents, exhibits, and testimony; and

(13) make such other orders as the court deems appropriate.

(d)Entry of Orders. The court must enter an order reciting the action it took at the RMC. This order controls the course of the case unless the court modifies it by a later order.

Ariz. R. Fam. Law. proc. 76

Added Oct. 19, 2005, effective Jan. 1, 2006. Amended Sept. 18, 2006, effective Jan. 1, 2007;Sept. 5, 2007, effective Jan. 1, 2008;Sept. 16, 2008, effective Jan. 1, 2009;Sept. 3, 2009, effective Jan. 1, 2010;Sept. 2, 2016, effective Jan. 1, 2017; amended effectiveJan. 1, 2019.

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