Arizona

Family Law

Family Law

Rule 8 – Telephonic Appearances and Testimony

(a)Meaning of “Telephonic.” When used in this rule, “telephonic” includes an appearance or testimony by telephone, by videoconferencing, or by other available audio and video technology.
(b)Appearance of a Party at a Non-Evidentiary Proceeding. The court may allow a party to appear telephonically at a non-evidentiary proceeding if each person will be audible to every other person participating in the proceeding, including the judge, and, if applicable, to the court reporter or an electronic recording system.
(c)Testimony of a Party or Witness at an Evidentiary Proceeding. On request of a party or a witness or on its own, and subject to A.R.S. ยง 25-1256(F), the court may allow a party or witness to testify telephonically if the court finds it would not substantially prejudice any party and the testifying party or witness:

(1) is not reasonably able to attend the hearing or trial;
(2) would be unduly inconvenienced by attending the hearing or trial in-person; or
(3) would incur a burdensome expense to attend the hearing or trial in-person.
(d)Request to Testify by a Telephonic Appearance.

(1)Time. A party must file a request to have a party or witness give telephonic testimony within a time that allows the opposing party a reasonable opportunity to respond.
(2)Hearing. The court may rule on the request with or without a hearing.
(e)Introducing Documents During Telephonic Testimony. To introduce exhibits through a party or witness who testifies telephonically:

(1) the party calling the witness must make a good faith effort to contact the opposing party to identify and provide exhibits that will be used during the witness’s testimony;
(2) the exhibits must be provided in advance to the party or witness;
(3) the party who introduces the exhibits must affirm that they are accurate copies of the exhibits provided to the party or witness who is appearing telephonically.
(f)Responsible Party. The party requesting a telephonic appearance, or who presents a witness’s testimony telephonically, must arrange and pay the related cost, unless the court orders otherwise.

Ariz. R. Fam. Law. proc. 8

Added Oct. 19, 2005, effective Jan. 1, 2006; amended effectiveJan. 1, 2019.