Temporary Court Orders and the Resolution Management Conference

Before trial, when there are no court orders yet in place, problems regarding contributions from the other spouse to household expenses and the children’s support, among other things, tend to surface fairly quickly.  When necessary, the parties may request temporary court-ordered relief for the interim period, before the trial is scheduled. This relief is in the form of “Temporary Orders” which govern the parties’ actions while the case is pending. Temporary Orders may address parenting time, child support, spousal support, access to personal items, and many other aspects of the family law case.

To request such interim relief, a Motion for Temporary Orders is filed with the court. The court may schedule a “Resolution Management Conference” (RMC) or a 15-minute return hearing. At a return hearing, the court is advised of the issues requiring Temporary Orders. An evidentiary hearing is then scheduled to allow the parties to produce evidence and witnesses in support of their respective positions.

The Resolution Management Conference.

In most cases a party may request a Resolution Management Conference (RMC), but the court may also decide on its own initiative to schedule an RMC. Before the RMC, the parties must discuss any possible settlements (unless there is an Order of Protection in place) and be prepared to discuss those options at the conference.

Each party files a “Resolution Statement” with the court before the RMC is scheduled. The statement gives the court a preview of the legal positions each party will take on the issues. The RMC procedure encourages early settlement by requiring the parties to take reasonable positions early on, without argument. The parties’ statements cover every remaining issue in the case, including custody, support, spousal maintenance, asset and debt division, attorneys’ fees, name changes, and any other additional issues that the parties have relevant to the family law case.

The purpose of the Resolution Management Conference is to settle issues before trial. The RMC also helps the court manage any unresolved custody and child support issues, evaluate the need for any requested Temporary Orders over matters of pre-trial custody and child support, and also to initiate referrals and services in preparation for trial. At the end of the conference, a case is either finalized with a Consent Decree avoiding trial, or scheduled for a trial or future event to decide the remaining issues in the case. If there is no settlement agreement on all the issues at the RMC, then the judge will automatically set the case for trial.

The conference is beneficial in many ways. First, when no settlement progress is being made and there is no activity in the case, the RMC avoids dismissal for lack of prosecution. Second, if there are pending requests for Mediation or for an ADR Settlement Conference, the RMC judge can expedite referrals to these services. Third, filing the parties’ Resolution Statements advises the judge of the contested issues and assists both parties in flushing out the major areas of their disagreements. Fourth, if after the RMC no settlement is reached, then the court sets a trial date. With a firm trial scheduled, the parties are frequently more intent on settling issues between themselves, rather than leaving life-changing decisions to the judge.

The conference will take between one and two hours to complete (including the attorneys meeting beforehand), at which time any of the following may result:

Consent Decree:  The case is fully resolved and finalized with a Consent Decree.

Partial Settlement and Trial:  The parties reach a final partial agreement and a brief trial is scheduled to decide the remaining unresolved issues.

Trial:  The parties do not reach any agreement at all and a trial date is scheduled.

Temporary Orders:  Requests for Temporary Orders are managed or issued.

 

Here are the Arizona court rules regarding Temporary Orders and Resolution Management Conferences:

ARFLP, Rule 47: Temporary Orders

ARFLP, Rule 48: Temporary Orders without Notice

ARFLP, Rule 76: Pretrial Procedures [and RMC's]

About Scott David Stewart

Scott Stewart has written 443 posts in this blog.

Prior to forming the family Law Offices of Scott David Stewart, Mr. Stewart worked as a Deputy County Attorney for the Maricopa County Attorney’s Office as a felony prosecutor. Mr. Stewart now helps Arizona citizens with divorce and family law matters.



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