An evidentiary hearing is a court proceeding where both parties present sworn testimony, exhibits, and legal argument and the judge decides disputed facts. In Arizona family law evidentiary hearings are held on contested temporary orders, enforcement petitions, modification requests, and at trial on final issues.

An evidentiary hearing is different from a status conference or a procedural hearing. Evidence is presented and the court makes findings of fact. Those findings then support the order the court enters. The rules of evidence apply.

Preparation for an evidentiary hearing is the same as preparation for trial in miniature. Know what you need to prove. Know what exhibits you are using and how you will authenticate them. Know what the other side is likely to argue and be ready to respond.