Temporary Orders Hearing Procedures

Let’s talk about what happens at a temporary orders hearing in Arizona. Both parties and their attorneys will appear before the judge assigned to the case on the date and time previously scheduled by the court for the Temporary Orders Hearing.

Both parties will be seated at separate tables with their respective attorneys. The judge will enter the courtroom, and the bailiff will tell everybody to “please rise” after which both parties and counsel will stand until the judge tells everyone they may be seated.

Reaching Agreements at a Temporary Orders Hearing

The Bailiff then gives the oath to the parties and all witnesses. Most judges will then ask the Petitioner’s attorney if any of the issues have been resolved. If you have settled some or all of the issues, one of the attorneys will recite the terms of the agreement to the judge.

The judge will ask the other attorney if what was stated in his or her understanding of the agreement. Lastly, the judge will ask you if you reached the agreements recited by the lawyers and may ask additional questions, such as:

  • Whether you were under any duress or coercion in reaching the agreement;
  • Whether you are satisfied with the advice you received from your attorney;
  • Whether you believe the settlement is fair and equitable;
  • Whether agreements regarding your children are in the best interests of your kids;
  • The judge may then adopt the parties’ agreements as the orders of the court.

Presentation of Evidence at a Temporary Orders Hearing in Arizona

Petitioner Presents Evidence First at the Temporary Orders Hearing

If you have not resolved all of the issues, the court will begin the hearing by asking the Petitioner to present his or her case first, which involves asking questions of witnesses and introducing documents marked as exhibits into evidence. Both lawyers will have an opportunity to ask each witness or object to any exhibit offered into evidence.

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The petitioner and his or her witnesses will first be questioned by his or her attorney (i.e., direct examination). This is followed by a cross-examination by the opposing attorney and then followed by another round of questioning from his or her lawyer (i.e., rebuttal testimony) to elicit additional testimony that is limited to only those areas addressed in opposing counsel’s cross-examination.

Respondent Presents Evidence Second at the Temporary Orders Hearing

Once Petitioner completes the presentation of all of their witnesses, Respondent begins their case by calling witnesses to testify and introducing exhibits into evidence with the same cross-examination and rebuttal testimony elicited by the attorneys.

The third round of questioning may occur by Petitioner’s attorney to present rebuttal evidence regarding the evidence submitted by the Respondent

Closing Arguements are Made to the Judge

Once the presentation of the evidence is complete, the attorneys may provide the court with brief closing arguments as to what facts they believe the evidence proved, the applicable law that applies to each issue, and why his or her client should prevail on the temporary orders, each client has requested the Court issue.

What Happens at a Temporary Orders Hearing in Arizona.

Many judges do not like to decide on the issues immediately after the hearing. You may have to wait a few weeks, and sometimes longer before you receive the judge’s ruling on Temporary Orders. It depends on your judge and the complexity of your case.

If things are not going well in your case and have questions about a temporary orders hearing in Arizona, you should seriously consider contacting the attorneys at Hildebrand Law, PC. Our Arizona divorce and family law attorneys have over 100 years of combined experience successfully representing clients in divorce and family law cases.

Our family law firm has earned numerous awards such as US News and World Reports Best Arizona Family Law Firm, US News and World Report Best Divorce Attorneys, “Best of the Valley” by Arizona Foothills readers, and “Best Arizona Divorce Law Firms” by North Scottsdale Magazine.

Call us today at (480)305-8300 or reach out to us through our appointment scheduling form to schedule your personalized consultation and turn your divorce or family law case around today.

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