Spouses attorney says according to Rule 49 I have to provide them with copies of all evidence (text messages, video evidence etc.) that will be used at trial along with a list of witnesses against the other party. Reading through Rule 49 I am not seeing which part the attorney is referring to. Is my spouses attorney just trying to get me to disclose evidence for their defense, or is it actually part of any Rule?
Yes, you are required by Rule 49, Arizona Rules of Evidence, to disclose your witnesses and exhibits, as well as a lengthy list of information that is required to be provided by both parties relative to the divorce (even if that information will not later be used for trial).
Not only are you required to disclose, as my colleague indicated, but you also should review additional evidentiary formalities for any evidence you intend to use at trial. If you make a procedural misstep, your evidence could be excluded entirely. Additionally, you may want to consider the video's probative value. It is unlikely the judge will allow you to use a snippet, you'll probably be required to play the entire thing. This may not be a prudent use of your limited time at an evidentiary hearing.
Consider consulting with a family lawyer. Even if you intend to proceed unrepresented, perhaps there's a limited scope arrangement available to offer some assistance necessary to ensure you're allowed to present your entire case and all evidence.
Yes you are required by Rule 49 to disclose that information. You will also want to review any minute entries from the Court regarding hearings and the requirements for providing the court with copies of your exhibits prior to a hearing. Some of the
Rule 49, Arizona Rules of Family Law Procedure, require you to make the disclosure. Rule 51 warns you not to violate Rule 49 and Rule 65 really lays out the available sanctions for violators of the rule. If you have witnesses to call at trial on your behalf, you need to disclose them in accordance with the rules. Read the rules as you are expected to know them just as well as her lawyer does. Links should be below.
