Rule 76.Resolution Management Conference

The resolution management conference is the working hub of an Arizona family law case. Its purpose is stated in one line: to facilitate agreements between the parties.

It can be demanded, not just offered

The court may set one on its own, and on a party's request must do so -- and must hold it not later than 60 days after the request is filed, unless the court extends for good cause or Rule 47 provides otherwise. A party who needs the case moved does not have to wait for the court's calendar to reach it.

What the parties owe beforehand

Not less than 5 days before, the parties must confer to resolve as many issues as possible and must each file a written resolution statement on Form 4 or 5 of Rule 97, setting out any agreements and a specific, detailed proposed resolution of every disputed issue -- without argument in support of the position. That constraint appears again here, as in Rule 49(c): the statement is a settlement instrument, not a brief.

The duty to confer does not apply where there is a current no-contact order, a history of domestic violence, or an allegation of domestic violence, and the alleged victim is self-represented -- the same paired test as Rules 9(c)(2) and 34(d). The obligation to file the statement is not excused.

Thirteen things the court can do

Enter binding agreements on the record under Rule 69; determine positions and explore solutions; enter temporary orders on stipulation or, if the parties agree, on their discussions, avowals and arguments without an evidentiary hearing; order evaluations, assessments, appraisals, testing or appointments; resolve discovery and disclosure schedules and disputes; permit amendment of pleadings; identify the disputed issues of fact and law; refer the matter to a settlement conference; order other ADR; schedule hearings and trial; set the date for the Rule 76.1 pretrial statement; impose time limits on trial proceedings and issue orders about documents, exhibits and testimony; and make such other orders as it deems appropriate.

That third power is the one to notice. Temporary orders normally require the Rule 47 machinery. At an RMC the court can enter them on the parties' own account of the facts -- but only with their agreement, and Rule 47(c)(1)(A) confirms the court may not resolve disputed facts at an RMC without it.

The order controls the case

The court must enter an order reciting what it did, and that order controls the course of the case unless the court modifies it by a later order. The RMC order is the case management order that everything after it is measured against -- including Rule 65(c), which requires leave to use anything disclosed after a scheduling or case management order deadline.