Phoenix, AZ asked in Family Law and Civil Litigation for Arizona

Q: My Name was brought into a case, can I add my side of the story?

There is a case between my GF and her ex. My name was now brought up in a hearing, regarding real estate, something I was accused of doing professionally speaking. May I write the Judge to clear my name or somehow file something in this matter?

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1 Lawyer Answer
Stephen M Vincent
Stephen M Vincent
  • Scottsdale, AZ
  • Licensed in Arizona

A: No. You're not a party. You can't file something in a case in which you are not a party. Further, writing a judge directly is not allowed. Judges can only communicate with parties when both parties are present.

Presuming this is a family law case (e.g., divorce or child custody case), there are things your girlfriend can do.

She can file a Motion to Strike the reference from the record under Rule 29(e) of the Arizona Rules of Family Law Procedure. Strikes are available when the other party brings up something that is "redundant, immaterial, impertinent, or scandalous." Something you, a nonparty, are alleged to have done with real estate, has no relevance in a divorce or custody proceeding; your actions do not bear on the division of property in a divorce, or your girlfriend's ability to parent in a child custody proceeding nor do you pose a safety threat to the child. Therefore, opposing party's allegation is simply irrelevant and unnecessary.

Be aware a Motion to Strike can be no longer than two pages.

If you wanted to write a letter and have your girlfriend attempt to submit into evidence at a trial, you could so, but it's really not the best use of her trial time.

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