Family law and divorce trials in Arizona are already stressful. They are stressful on the parties in the case. They are stressful to the witnesses in the case and they are stressful on the attorneys handling the trial.
This stress only becomes compounded when you fear you are running out of time to present all of your evidence during a family law trial in Arizona, such as a divorce trial.
So, what should you do if you find yourself running out of time during a family law trial in Arizona? Fortunately, the Arizona Court of Appeals provides the answer to that very daunting question.
What to Do if You Run Out of Time During a Family Law or Divorce Trial in Arizona
The Arizona Court of Appeals in the unpublished case of Michaels vs. Shimo dealt with that precise issue. In the Michaels case, the mother ran out of time during the scheduled trial and, as a result, was not allowed to cross-examine Father before conclusion of that family law trial.
The Arizona Court of Appeals in the Michaels case cited a prior court of appeals decision in the case of Gamboa vs. Metzler that dealt with the issue of a party being prevented from submitting additional evidence because that party ran out of time during a trial.
In the Gamboa case, the plaintiff ran out of time during cross examination of a defense witness at the end of the trial. The plaintiff objected to his cross-examination of the witness being cut short because his time to question witnesses had run out.
However, other than making that simple objection, the plaintiff did not ask the court to add more time to the trial, did not attempt to make an offer of proof of what the expected evidence would show if more time for trial was granted, and did not attempt to establish how he would suffer prejudice by not being allowed more time to present that evidence.
Time Constraints in a Family Law Trial Impact Your Constitutional Right to Due Process
The plaintiff argued he was not afforded due process by the court when his cross-examination was cut short. The Arizona Court of Appeals in the Gamboa case started its analysis by pointing out the applicable court rules allow a judge to “exercise reasonable control over the mode and order of interrogating witnesses and presenting evidence.”
So, the court is recognizing a trial judge may pose reasonable time constraints on parties participating in a trial, so long as those time constraints are reasonable. Citing the prior decision in the case of Brown v. U.S. Fid. & Guar. Co., the appellate court stated rigid time limits are not favored and time limits for a trial should be flexible to allow for adjustments during a trial.
You Must Object and Ask the Judge for More Time
The Court of Appeals also took note the plaintiff failed to ask the trial judge for additional time for the trial; implying the plaintiff may have waived his argument over the issue by not only objecting to his cross-examination being cut short but also asking the court for additional time for trial to do so.
You Must Explain to the Judge How You Will Suffer Prejudice if More Time for Trial is Not Allowed
The Court of Appeals also took note the plaintiff was required to demonstrate he or she suffered some harm as a result of the time constraints placed on the trial. Citing the appellate decision in the Brown case, the court of appeals also noted that the plaintiff bore the responsibility to prove he or she suffered prejudice as a necessary element of preserving a due process claim.
You Must Make an Offer of Proof to the Judge When Asking for More Time for Trial
The court of appeals then cited to the Arizona Supreme Court’s decision in State v. Towery in which the Supreme Court indicated “at a minimum, the complaining party must make an offer of proof stating with reasonable specificity what the evidence would have shown” if additional time was provided to a party.
So, if you are running out of time during a family law trial in Arizona, you must object to being cut short, you must request additional time be allowed for the trial, you must tell the judge what the evidence would show if additional time was granted, and you must demonstrate why you will suffer prejudice if that additional time is not granted; thereby violating your constitutional right to due process.
Contact Us About Your Family Law Trial
If you have questions about running out of time during a divorce trial 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 Lawyers, “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.
More Articles About Divorce in Arizona
- ARIZONA DIVORCE PRACTICE
- CAN MY SPOUSE BE ORDERED TO PAY MY ATTORNEY FEES IN ARIZONA
- HOW TO APPEAL A DIVORCE DECREE IN ARIZONA
- MISLED INTO SIGNING DIVORCE SETTLEMENT IN ARIZONA
- MODIFYING A DIVORCE DECREE IN ARIZONA
- WHY MEDIATE YOUR DIVORCE IN ARIZONA
- HOW TO PREPARE FOR DIVORCE MEDIATION IN ARIZONA
- FUNNY DIVORCE QUOTES IN ARIZONA
- LEARN ABOUT UNCONTESTED DIVORCE IN ARIZONA
- ARIZONA DIVORCE LAWS
- DIVORCE STATISTICS IN ARIZONA
- PARENTING CLASS DURING A DIVORCE IN ARIZONA
- MERGER OR INCORPORATION OF SETTLEMENT AGREEMENT IN ARIZONA
- HIGH NET WORTH DIVORCE ARIZONA
- HIGH ASSET DIVORCE IN ARIZONA
- COMPLEX DIVORCE CASES IN ARIZONA
- SEALING COURT RECORDS IN AN AZ DIVORCE
- REASONS TO FILE FOR DIVORCE IN ARIZONA
- HOW MUCH DOES A DIVORCE COST IN ARIZONA
- ARIZONA DIVORCE RECORDS SEARCH
- DIVORCE IN ARIZONA WITHOUT CHILDREN
- DOMESTIC VIOLENCE AND DIVORCE IN ARIZONA
- MILITARY DIVORCE LAWS IN ARIZONA
- GUIDE TO DIVORCE FOR MEN IN ARIZONA
- COPING WITH DIVORCE IN ARIZONA
- DIVORCE COURT JURISDICTION ARISES FROM STATUTES IN ARIZONA
- ARIZONA DIVORCE LAWS ON ADULTERY
- FAILURE TO INCLUDE AN ISSUE IN AN ARIZONA DIVORCE
- SOCIAL MEDIA EVIDENCE IN DIVORCE IN ARIZONA
- WHAT TO DO WHEN SERVED WITH DIVORCE PAPERS IN ARIZONA
- SEVEN STEPS OF THE ARIZONA DIVORCE PROCESS: ULTIMATE GUIDE TO DIVORCE
- CHANGE TO MAIDEN NAME AFTER DIVORCE IN ARIZONA
- STOP AN ARIZONA DIVORCE
- ARIZONA DIVORCE DEBT
- MARITAL SETTLEMENT AGREEMENT IN ARIZONA
- SELLING COMMUNITY PROPERTY DURING A DIVORCE IN ARIZONA
- HOW TO OBTAIN A DIVORCE AFTER LEGAL SEPARATION IN ARIZONA
- WHAT REASONS DO I NEED TO OBTAIN A DIVORCE IN A COVENANT MARRIAGE IN ARIZONA
- CONVERT TO A COVENANT MARRIAGE IN ARIZONA
- WHAT IS A COVENANT MARRIAGE IN ARIZONA
- WHAT HAPPENS IF THE DIVORCE CASE GOES TO TRIAL IN ARIZONA
- HOW IS A DIVORCE FINALIZED IN ARIZONA
- DIVORCE CASE IS ON THE INACTIVE CALENDAR IN ARIZONA
- WHAT IS A FAMILY LAW MASTER IN AN ARIZONA DIVORCE CASE
- DOES THE COURT OFFER SERVICES TO SAVE A MARRIAGE IN ARIZONA
- WHAT IS A DEFAULT DIVORCE IN ARIZONA
- SERVED WITH DIVORCE PAPERS IN ARIZONA
- HOW LONG DOES UNCONTESTED DIVORCE TAKE IN ARIZONA
- CAN I STOP A DIVORCE IN ARIZONA IF I CHANGE MY MIND
- HOW LONG DOES IT TAKE TO GET TEMPORARY ORDERS IN AN ARIZONA DIVORCE CASE
- ADVANTAGE FOR FILING DIVORCE FIRST IN ARIZONA
- EFFECT OF ADULTERY ON AN ARIZONA DIVORCE
- CAN I REPRESENT MYSELF IN AN ARIZONA DIVORCE CASE
- WHAT IS A TEMPORARY ORDERS HEARING IN ARIZONA
- WHAT HAPPENS AT A TEMPORARY ORDERS HEARING IN ARIZONA
- HOW LONG DOES A CONTESTED DIVORCE TAKE IN ARIZONA
- ARE PRENUPTIAL AGREEMENTS ENFORCEABLE IN ARIZONA
- HOW TO FIND GOOD DIVORCE ATTORNEY IN ARIZONA
- SERVING DIVORCE PAPERS BY PUBLICATION IN ARIZONA
- CUSTODY OF THE FAMILY PET IN A DIVORCE IN ARIZONA
- SAME-SEX DIVORCE IN ARIZONA
- CONCILIATION COURT SERVICES IN ARIZONA
- DIVORCE AND CHILDREN IN ARIZONA
- SEVEN DOCUMENTS YOU NEED TO FILE FOR DIVORCE IN ARIZONA
- DIVORCE SUPPORT GROUPS IN ARIZONA
- QUICK DIVORCE IN ARIZONA
- NO FAULT DIVORCE IN ARIZONA
- HOW TO GET A DIVORCE IN ARIZONA WHEN YOU CANNOT FIND YOUR SPOUSE
- WHAT IS A PRELIMINARY INJUNCTION IN AN ARIZONA DIVORCE
- ARIZONA DIVORCE ATTORNEY REVIEWS
- DISSOLUTION OF MARRIAGE IN ARIZONA: STEPS TO DISSOLVE A MARRIAGE
- SHOULD I KEEP THE HOUSE IN A DIVORCE IN ARIZONA
- HOW LONG DO YOU HAVE TO BE SEPARATED BEFORE DIVORCE IN ARIZONA
- COLLEGE EXPENSES AFTER DIVORCE IN ARIZONA
- HIGH CONFLICT DIVORCE IN ARIZONA
- VOID AND PROHIBITED MARRIAGES IN ARIZONA
- WHAT HAPPENS AT A RESOLUTION MANAGEMENT CONFERENCE IN ARIZONA
- ARIZONA DIVORCE DOCUMENT PREPARATION SERVICE
- WHAT SHOULD I DO BEFORE FILING DIVORCE IN ARIZONA
- DISMISSAL OF AN APPEAL FOR NOT OBEYING ORDERS IN A DIVORCE IN ARIZONA
- WHAT HAPPENS TO FROZEN EMBRYOS IN A DIVORCE IN ARIZONA
- CORRECTING A MISTAKE IN AN ARIZONA DIVORCE DECREE
- ARE YOU MARRIED TO A NARCISSIST
- DIVORCING A NARCISSIST IN ARIZONA
- FINDING A REALTOR DURING A DIVORCE IN ARIZONA
- ENFORCING A PROMISE IN A DIVORCE IN ARIZONA
- WHEN IS A DIVORCE FINAL TO FILE AN APPEAL IN ARIZONA
- FAILURE TO INCLUDE AN ISSUE IN A PRETRIAL STATEMENT IN ARIZONA
- START DATE FOR TEMPORARY SUPPORT IN ARIZONA
- EFFECT OF CHANGING JUDGES DURING A DIVORCE IN ARIZONA
- FAILURE TO SIGN VERIFICATION OF DIVORCE FORM IN ARIZONA
- CHANGING POSITIONS DURING A DIVORCE TRIAL IN ARIZONA
- HOW TO WORK EFFECTIVELY WITH AN ATTORNEY WHEN YOU DIVORCE A NARCISSIST
- NARCISSIST DIVORCE ADVICE IN ARIZONA
- DEFENSES TO ENFORCEMENT OF A PRENUPTIAL AGREEMENT IN ARIZONA
- CONTESTING A PRENUPTIAL AGREEMENT IN ARIZONA
- CAN A JUDGE REJECT A DIVORCE SETTLEMENT IN ARIZONA
- ARE POSTNUPTIAL AGREEMENTS VALID IN ARIZONA
- INTERNATIONAL DIVORCE IN ARIZONA
- TIPS ON HIRING AN ARIZONA DIVORCE LAWYER
- OPENING BRIEF IN AN ARIZONA FAMILY LAW APPEAL
- DIVORCE TIPS IN ARIZONA
- COMPLETE VERSUS PARTIAL DIVORCE AGREEMENT IN ARIZONA
- DISQUALIFICATION OF ATTORNEY IN AN ARIZONA DIVORCE
- FAILURE TO FILE MARRIAGE LICENSE IN ARIZONA
- LATE DISCLOSURE OF EVIDENCE IN AN ARIZONA DIVORCE CASE
- MISSED COURT DATE IN AN ARIZONA DIVORCE CASE
- COHABITATION AGREEMENTS IN ARIZONA
- FINANCIAL AGREEMENTS BETWEEN UNMARRIED COUPLES IN ARIZONA
- ARIZONA DIVORCE COURT AUTHORITY FOR RELIGIOUS DIVORCE
- PREMARITAL AGREEMENT FROM OTHER STATE IN ARIZONA
- RATIFICATION OF VOIDABLE MARRIAGE IN ARIZONA
- FULL FAITH AND CREDIT AND PERSONAL JURISDICTION IN ARIZONA DIVORCE
- WHAT IS A RULE 69 AGREEMENT IN ARIZONA
- WHAT TO DO DURING A DIVORCE IN ARIZONA
- YOU’RE GETTING A DIVORCE IN ARIZONA, ARE YOU SURE YOU WANT THE HOUSE?
- ENFORCING A PREMARITAL AGREEMENT IN ARIZONA
- ENFORCING UNSIGNED DIVORCE SETTLEMENT IN ARIZONA
- ARIZONA INDUSTRIAL COMMISSION MUST RECOGNIZE VALIDITY OF SUPERIOR COURT RULING REGARDING MARITAL STATUS
- DEATH OF A SPOUSE STOPS A DIVORCE IN ARIZONA
- APPEALING TEMPORARY ORDERS IN ARIZONA
- JURISDICTION ON PROCEDURAL ISSUES IN AN ARIZONA DIVORCE
- CHANGING JUDGES IN AN ARIZONA DIVORCE
- SANCTIONS FOR LEGAL MALPRACTICE IN A DIVORCE IN ARIZONA
- CORROBORATION REQUIRED IN AN ARIZONA FAULT DIVORCE
- MODIFICATION OF SETTLEMENT AGREEMENT IN ARIZONA
- ESTABLISHING EXTRINSIC FRAUD IN AN ARIZONA DIVORCE
- TIME LIMIT TO ENFORCE DIVORCE DECREE IN ARIZONA
- ATTORNEY’S CONFLICT OF INTEREST IN AN ARIZONA DIVORCE
- CONTESTED VS. UNCONTESTED DIVORCES IN ARIZONA
- CHANGING ATTORNEYS DURING A DIVORCE IN ARIZONA
- DIVORCING AN ABUSIVE SPOUSE IN ARIZONA
- STATUTE OF LIMITATIONS ON A DIVORCE DECREE IN ARIZONA
- QUESTIONS TO ASK A DIVORCE LAWYER IN ARIZONA
- SITUATIONS BEST FOR DIVORCE MEDIATION IN ARIZONA
- WHEN IS MEDIATION A BAD IDEA IN ARIZONA
- WHEN IS MEDIATION A GOOD IDEA IN AN ARIZONA DIVORCE
- ATTACKING A POSTNUPTIAL AGREEMENT IN ARIZONA
- UPDATING YOUR ESTATE PLAN AFTER A DIVORCE IN ARIZONA
- DEALING WITH AGGRESSIVE DIVORCE LAWYER IN ARIZONA
- DIVORCING A BIPOLAR SPOUSE IN ARIZONA
- CHOOSING THE RIGHT DIVORCE LAWYER IN ARIZONA
- WHAT YOU NEED TO KNOW ABOUT AN ANNULMENT VERSUS DIVORCE IN ARIZONA
- PROBLEMS WITH AGGRESSIVE DIVORCE LAWYERS IN ARIZONA
- DIVORCING SOMEONE WITH A MENTAL ILLNESS IN ARIZONA
- DIVORCING A PSYCHOPATH IN ARIZONA
- DIVORCING A DEPRESSED SPOUSE IN ARIZONA
- COPING WITH ANXIETY DURING DIVORCE IN ARIZONA
- ESTATE PLANNING AFTER DIVORCE IN ARIZONA
- DIVORCING AN ALCOHOLIC IN ARIZONA
- OBSESSIVE COMPULSIVE PERSONALITY IN AN ARIZONA DIVORCE
- TRAUMATIC STRESS AND DIVORCE IN ARIZONA
- DISSOCIATIVE DISORDER AND DIVORCE IN ARIZONA
- SOMATIC SYMPTOM DISORDER IN A DIVORCE IN ARIZONA
- PERSONALITY DISORDERS IN A DIVORCE IN ARIZONA
- PARANOID PERSONALITY DISORDER IN A DIVORCE IN ARIZONA
- SAVE MONEY ON DIVORCE ATTORNEY FEES IN ARIZONA
- DEALING WITH A LIAR IN A DIVORCE IN ARIZONA
- THE IMPORTANCE OF CONSULTING A FINANCIAL PLANNER BEFORE A DIVORCE IN ARIZONA
- SETTING ASIDE OR MODIFYING DIVORCE DECREE IN ARIZONA
- DUTY OF CANDOR IN A DEFAULT DIVORCE IN ARIZONA
- SOMEONE LIES IN A DIVORCE IN ARIZONA
- DIVORCING A DRUG ADDICT IN ARIZONA
- DIVORCING AN ABUSIVE SPOUSE IN ARIZONA
- FOR THE NEWLY DIVORCED
- APPEALING AN ARBITRATION AWARD IN A DIVORCE IN ARIZONA
- BENEFICIARY DESIGNATIONS AFTER DIVORCE IN ARIZONA
- ATTORNEY FEES ON A JUDGMENT IN A DIVORCE IN ARIZONA
- CONTINUE AZ DIVORCE TRIAL TO HIRE AN ATTORNEY
- PAYOFF IN PRENUPTIAL AGREEMENT ENFORCEABLE IN ARIZONA
- LAW OF THE CASE DOCTRINE IN A DIVORCE IN ARIZONA
- FIXING AN ERROR IN A FAMILY LAW CASE IN ARIZONA
- JUDGE FAILS TO RULE ON A DIVORCE ISSUE IN ARIZONA
- SANCTIONS IN AN ARIZONA FAMILY LAW CASE
- BLAMING DIVORCE ATTORNEY WAIVES PRIVILEGE IN ARIZONA
- PRESERVE CLAIMS FOR A FAMILY LAW APPEAL IN ARIZONA
- FIVE THINGS TO DO TO PREPARE FOR DIVORCE MEDIATION IN ARIZONA
- IS DIVORCE THE BEST OPTION IN ARIZONA
- ASKING YOUR SPOUSE FOR A DIVORCE IN ARIZONA: 5 THINGS YOU NEED TO KNOW
- WHEN DIVORCE IS THE RIGHT CHOICE IN ARIZONA
- DISMISSAL OF INTERNATIONAL DIVORCE IN ARIZONA
- FILING LATE APPLICATION FOR ATTORNEY FEES IN ARIZONA
- SANCTIONS FOR FILING DOCUMENTS IN AN ARIZONA DIVORCE
- CAN YOU LODGE A CONSENT DECREE IN ARIZONA
- SERVICE BY EMAIL IN AN ARIZONA DIVORCE
- WHEN YOU SHOULD FILE FOR BANKRUPTCY BEFORE A DIVORCE IN ARIZONA
- ADVANTAGES OF DIGITAL PRIVACY CLAUSES IN PRENUPTIAL AGREEMENTS
- RESIDENCY REQUIREMENTS FOR A DIVORCE IN ARIZONA
- MOVING OUT OF THE HOUSE DURING A DIVORCE IN ARIZONA
- DIVORCE SUCKS: DECIDING TO DIVORCE IN ARIZONA
- WHAT IS ALTERNATIVE DISPUTE RESOLUTION IN ARIZONA
- PROTECT YOURSELF DURING A DIVORCE IN ARIZONA
- ARIZONA RULE 69 AGREEMENT CONTESTED WITHOUT TRIAL
- JOINING THIRD PARTY IN AN ARIZONA DIVORCE
- WHAT SHOULD I DO BEFORE FILING DIVORCE IN ARIZONA
- EIGHT FINANCIAL MISTAKES TO AVOID WHEN GOING THROUGH A DIVORCE IN AZ
- WHAT TO DO IF YOUR WIFE (OR HUSBAND) WANTS A DIVORCE
- NINE WAYS YOUR SPOUSE CAN HIDE THEIR INCOME BEFORE DIVORCE IN ARIZONA
- WITNESS PREPARATION IN ARIZONA DIVORCE AND CHILD CUSTODY CASES
- HOW SHOULD A MAN PREPARE FOR DIVORCE
- A DEFINITIVE GUIDE TO DEALING WITH A SURPRISE DIVORCE
About the Author: Chris Hildebrand has over 26 years of Arizona family law experience and received awards from US News and World Report, Phoenix Magazine, Arizona Foothills Magazine and others. Visit https://www.hildebrandlaw.com.
Leave a Reply