Learn About Rule 2b Arizona Rules of Family Law Procedure in Arizona
Divorce and other family law cases are subject to the Arizona Rules of Family Law Procedure in Arizona. One such rule you may hear in a divorce or other family law case is Rule 2b. So, what is Rule 2b and why should we care about that particular rule. Rule 2b was added to the Arizona Rules of Family Law Procedure to allow people in a divorce to opt-out of the Arizona Rules of Evidence.
The Arizona Rules of Evidence contain very specific requirements relating to what a person in a divorce must do to introduce evidence at a trial. Many people are unfamiliar with those requirements.
That creates problems with people who want to testify at their trial or present documents as exhibits during a divorce or family law trial. The Arizona Supreme Court, therefore, created Rule 2b in the Arizona Rules of Family Law Procedure.
Rule 2b provides that all relevant evidence is admissible in a trial without adherence to the strict requirements of the Arizona Rules of Evidence. This means a party in a divorce case may introduce evidence without laying a foundation for that evidence and may even testify about what other people have said about either party or their children.
The only exception to this is if the probative value of the evidence sought to be admitted is outweighed by unfair prejudice, confuses the issues in the case, will create undue delay in the case, is a waste of time, needlessly presents cumulative evidence, lacks reliability, or was not timely disclosed to the other party to the case.
By filing a timely Rule 2n notice, either party may require strict compliance with the Rules of Evidence and, thus, require a party to a divorce or family law case to lay a foundation for exhibits and the testimony of all witnesses. The following is a copy of Rule 2b:
3. Regardless of whether a notice is filed under subdivision 2(B)(1):
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Chris Hildebrand wrote the information on this page about Rule 2b of the Arizona Rules of Family Law Procedure in a divorce to ensure everyone has access to information about community property laws in Arizona. Chris is a divorce and child custody attorney at Hildebrand Law, PC. He has over 24 years of Arizona family law experience and has received multiple awards, including US News and World Report “Top Arizona Divorce Attorneys”, Phoenix Magazine “Top Divorce Law Firms”, and Arizona Foothills Magazine “Best of the Valley” award. He believes the policies and procedures he uses to get his clients through a divorce should all be guided by the principles of honesty, integrity, and actually caring about what his clients are going through in a divorce.