Rule 8.Telephonic Appearances and Testimony
Part I. General Administration · Last amended January 1, 2022 · Last verified September 4, 2026
Full Text of Rule 8
Rule History
Added Aug. 30, 2018, effective Jan. 1, 2019. Amended on an emergency basis, effective Sept. 30, 2021, adopted on a permanent basis effective Jan. 1, 2022.
Plain-English Summary
Rule 8 uses "telephonic" as an umbrella term: it includes appearance or testimony by telephone, by videoconferencing, or by other available audio and video technology. So the rule governs a video hearing as much as a phone call.
Non-evidentiary proceedings
The court may allow a party to appear telephonically at a non-evidentiary proceeding on one condition: each person must be audible to every other person participating, including the judge and, where applicable, the certified reporter or electronic recording system. No motion, no findings — audibility is the whole test.
Testimony
Evidentiary proceedings are harder. On request of a party or witness or on its own, and subject to A.R.S. § 25-1256(F), the court may allow telephonic testimony if it finds this would not substantially prejudice any party and the party or witness meets one of three conditions: is not reasonably able to attend; would be unduly inconvenienced by attending in person; or would incur a burdensome expense.
A request must be filed within a time allowing the opposing party a reasonable opportunity to respond. The court may rule with or without a hearing.
Exhibits
Subsection (e) sets three steps for introducing exhibits through a remote witness, and they have to happen in advance:
- the party calling the witness must make a good faith effort to contact the opposing party to identify and provide the exhibits;
- the exhibits must be provided in advance to the party or witness; and
- the party introducing them must affirm they are accurate copies of what was provided.
Who pays
The party requesting the appearance, or presenting the testimony, arranges and pays the related cost unless the court orders otherwise.
Frequently Asked Questions
Can I appear by video in an Arizona family law case?
Rule 8(a) defines 'telephonic' to include appearance or testimony by telephone, videoconferencing, or other available audio and video technology, so the rule covers video as well as telephone.
What does the court have to find before allowing remote testimony?
Under Rule 8(c), that it would not substantially prejudice any party, and that the testifying party or witness is not reasonably able to attend, would be unduly inconvenienced by attending in person, or would incur a burdensome expense.
Is a non-evidentiary appearance easier?
Yes. Rule 8(b) allows the court to permit a party to appear telephonically at a non-evidentiary proceeding if each person will be audible to every other person participating, including the judge and, if applicable, the certified reporter or electronic recording system.
How do exhibits work with a remote witness?
Rule 8(e) requires the party calling the witness to make a good faith effort to contact the opposing party to identify and provide the exhibits, requires the exhibits to be provided in advance to the party or witness, and requires the introducing party to affirm they are accurate copies.
Who pays for a telephonic appearance?
Rule 8(f) puts the cost on the party requesting the appearance or presenting the testimony, unless the court orders otherwise.