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Tuesday, November 13, 2018

Standing Division Orders

 

Seeking a Continuance

Prior to filing a motion to continue a hearing or trial, the party seeking the continuance shall:

  1. Contact my Judicial Assistant by phone (928) 777-7990) or by email (Div2@courts.az.gov) and obtain dates and times the Court is available to reset the hearing;
  2. After receiving dates and times from the Court, the moving party shall contact all other parties and attempt to arrange setting the hearing on one of the dates provided by the Court;
  3. Once there is an acceptable date for the parties and the Court, the Motion to Continue can be filed. The Motion must include a form of order containing the agreed upon date.
  4. If a party objects to a continuance, following this procedure for obtaining a new date does not operate as a waiver of the objection.

Exhibit Notebook

  1. The parties shall prepare a joint Exhibit Notebook for the Court's use during any evidentiary hearing or bench trial.
  2. The parties shall ensure the numbers for the exhibits in the notebook match clerk’s numbering of the exhibits.
  3. The Exhibit Notebook shall be provided to the Bailiff on the day of the hearing.

Jury Instructions

  1. Ten days prior to trial, the parties shall file joint proposed jury instructions. The pleading will include a Preliminary Jury Instructions section, Final Jury Instructions section, and Disputed Instructions Section.
  2. Each undisputed instruction shall be on a single page without the references or citations.
  3. Disputed instructions shall include the text of the instruction and indicate which party is seeking the instruction. In a multi-party case, the instruction shall also indicate which party or parties are objecting to the instruction.
  4. A copy of the filed proposed jury instructions shall be emailed to the Division in Word format. (Div2@courts.az.gov)

Voir Dire

  1. Ten days before trial, the parties shall file a joint request for voir dire.
  2. Any disputed voir dire questions shall appear in a separate section of the pleading. The pleading shall indicate which party is seeking the question and in a multi-party case which parties are objecting.
  3. A copy of the filed proposed Voir Dire shall be emailed to the Division in Word Format. (Div2@courts.az.gov).

Discovery Disputes - Civil

Expedited Process in Civil Case

  1. An Ariz. R. Civ. P. 26.(d) motion must be electronically filed with the Clerk of Superior Court.
  2. Once the electronic filing has occurred, the parties may email a copy of the pleading to the Judicial Assistant (Div2@courts.az.gov) with a request to set a telephonic hearing at the Court’s earliest availability.
  3. Upon receipt of the email with the pleading attached, the Court shall set a hearing as soon as practicable. The parties must be prepared and available for the Court to set the hearing the same date the email is received.
  4. Pursuant to the Rules of Civil Procedure, if the issue cannot be resolved, additional briefing will be ordered, and future hearings set.

Discovery Disputes - Non-Civil

Expedited Process in Non-Civil Cases

  1. If a discovery dispute arises between the parties, an email shall be sent by the parties to the Judicial Assistant (Div2@courts.az.gov) indicating there is a dispute. The email will provide a brief outline of the dispute.
  2. Upon receipt of this email, the Judicial Assistant shall set a telephonic hearing on the dispute as soon as practicable. Counsel must be prepared and available for the Court to set the hearing on the same day the email is received.
  3. Upon receipt of this email, the Judicial Assistant shall set a telephonic hearing on the dispute as soon as practicable. The parties must be prepared and available for the Court to set the hearing on the same day the email is received.

Motions for Summary Judgment

  1. No party shall file a cross motion for summary judgment. Any cross motion for Summary Judgment shall be denied.
  2. All pleadings related to a Motion for Summary Judgment (including Separate Statements of Fact and Exhibits) shall be emailed to the Judicial Assistant (Div2@courts.az.gov) within three days of being electronically filed. The attachments to the email need not have the clerk’s stamp. However, the email must state, “the attached pleadings have been electronically filed.”

Service After Appearance by Email in Civil Cases

  1. The parties, or their counsel if represented, shall exchange email addresses. Pursuant to Rule 5(C)(2)(D) of the Arizona Rules of Civil Procedure, the Court Hereby Orders a document is served if it is sent electronically to the email address provided.
  2. Service is complete upon transmission.
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