Judge Daniel Martin
Individual Rules, Standing Orders & Policies
- Rules last changed:
Adjournments
- Motions to continue trial must be in writing, show extraordinary circumstances and that delay is indispensable to the interests of justice, and generally state the positions of all other parties.
- Parties who agree to extend filing deadlines should notify the Division so it can track the briefs.
- A continuance request must identify who requested the continuance and state whether the opposing party opposed, stipulated to, or took no position on it; if the continuance is on the court's own motion, the request must state whether any party opposed, agreed to, or took no position on it.
- +1 more
Request must include
Communication
Chambers
Phone
Chambers
Document Filing Requirements12 rules
A Motion for Complex Case Designation must be accompanied by a proposed order setting forth the factual findings supporting complex designation.
The motion shall be accompanied by a proposed form of order setting forth the factual findings supporting designating the case as complex.
Document Type
Motion
The Joint Case Management Report must address progress since the last conference, upcoming case preparation, witnesses interviewed and to be interviewed, and pending issues.
This report will inform the court of: 1. The specific progress made since the last Case Management Conference in completing activities previously established by the court and the parties; 2. Specific case preparation to be completed before the next Case Management Conference; 3. Witnesses who have been interviewed in the preceding month; 4. Witnesses who will be interviewed in the upcoming month; 5. Pending issues to be resolved.
Document Type
Joint Case Management Report
Parties must file a Joint Pretrial Statement at least two working days before the Final Trial Management Conference containing the specified information.
At least two working days before the FTMC, the parties shall file a Joint Pretrial Statement including the following information: 1. Charges, sentencing ranges (including any sentence enhancements alleged) and list of aggravating factors to be decided by the jury 2. Settlement status (to be discussed with trial judge) 3. Plea offer: 4. Settlement Conference occurred (Y/N): 5. Are Defendant and State willing to further discuss settlement? 6. Number of trial jurors and alternates: 7. List of witnesses to be called 8. Estimated trial days: 9. Brief statement of case to be read to jury (attach) 10. Special jury voir dire questions (attach) 11. List of Standard Jury Instructions, plus original and one copy of any special Jury Instructions (attach) 12. Other issues
Document Type
Joint Pretrial Statement
Requests for expedited relief must state the opposing party's position.
Any request for expedited relief should state the position of the opposing party.
Document Type
Motion
Motions must state the specific relief requested and include a clear proposed form of order.
Please start or end your motion by telling me exactly what you are requesting, and include a clear proposed form of order.
Document Type
Motion
Joint Case Management Plans must address the issues in AO No. 2021-127 (Attachment A) and present a detailed case management plan or they may be rejected.
Please refer to the Initial Pretrial Conference Minute Entry or AO No. 2021-127 (Attachment A) for a list of the issues that must be addressed in the Joint Case Management Plan. The Court expects that the parties will meet and confer and present a detailed plan for the management of the case. Joint Case Management Plans that do not provide a detailed plan may be rejected.
Document Type
Joint Case Management Plan
Joint Case Management Reports must address AO No. 2021-127 (Attachment A) issues and detail progress made and activities expected before the next conference, or they may be rejected.
Please refer to AO No. 2021-127 (Attachment A) for a list of the issues that must be addressed in the Joint Case Management Report. The Court expects that the parties will meet and confer and present a detailed report as to (1) the progress made since the last Case Management Conference (or Case Scheduling Conference, as applicable), and (2) the activities expected to be completed before the next Case Management Conference. Joint Case Management Reports that do not provide a detailed description of case activity may be rejected.
Document Type
Joint Case Management Report
When a case is designated complex, a minute entry similar to the Complex Case Designation & Case Management Order (Attachment "A") shall be issued.
A minute entry similar to the attached Complex Case Designation & Case Management Order (Attachment “A”) shall be issued when a case is designated as complex.
Document Type
Complex Case Designation Order
Counsel for the state and defendants must file a Joint Case Management Report at least 2 working days before each Case Management Conference.
shall order counsel for the state and defendant(s) to file a Joint Case Management Report at least two (2) working days before each conference.
Document Type
Case Management Report
Counsel for the state and defendants must file a Joint Pre-Trial Statement at least 2 working days before the Final Trial Management Conference.
shall order counsel for the state and defendant(s) to file a Joint Pre-Trial Statement at least two (2) working days before the Final Trial Management Conference.
Document Type
Pretrial Statement
A minute entry containing the Trial Date Setting & Complex Case Management Schedule must be issued at the Scheduling Conference.
A minute entry similar to the attached Trial Date Setting & Complex Case Management Schedule (Attachment “B”) should be issued at the Scheduling Conference.
Document Type
Minute Entry
The Joint Case Management Plan must expressly address 16 enumerated issues including proposed trial date, discovery schedule, motion schedule, and plea negotiations.
No less than two working days before the first Scheduling Conference, the state and defendant(s) shall file a Joint Case Management Plan expressly addressing the following issues: 1. Proposed trial date; 2. Length of trial and number of witnesses; 3. Final Trial Management Conference date; 4. Brief summary of alleged facts; 5. Discovery production schedule; 6. Witness interview schedule; 7. List of motions needing evidentiary hearing (length of hearing); 8. Schedule for filing motions, responses and replies; 9. Schedule for Motions in Limine; 10. Expert witness issues (dates for defense to disclose experts and opinions, if different date than called for in Rule 15); 11. Special investigative needs; 12. General status of plea negotiations; 13. Plea cut-off date; 14. Settlement conference date; 15. Interpretation, translation, and transcription needs; 16. Schedule of regular Case Management Conferences.
Document Type
Joint Case Management Plan
Filing & Service rules
Filing Timing and Cure Windows
Parties must file a Joint Case Management Plan at least two business days before the Complex Case Scheduling Conference.
At least two business days prior to the Complex Case Scheduling Conference, the parties must file a Joint Case Management Plan.
Page 1 | COMPLEX CASE SCHEDULING CONFERENCE
Parties must file a Joint Case Management Report at least two business days before each Case Management Conference.
At least two business days prior to each Case Management Conference, the parties must file a Joint Case Management Report.
Page 1 | CASE MANAGEMENT CONFERENCES
A Motion for Complex Case Designation must be filed no later than 60 days after the defendant's arraignment, unless the Court acts sua sponte.
designated as complex, a Motion for Complex Case Designation shall be filed no later than 60 days after the defendant's arraignment or, the Court may sua sponte, find a criminal case to be complex with supporting factual findings.
Page 3 | Complex Case Designation
The trial date must be set within 270 days of arraignment on the Master Calendar Assignment Judge calendar.
The trial date shall be set within 270 days of arraignment on the Master Calendar Assignment Judge calendar.
Page 4 | Scheduling Conference
The state and defendant(s) must file a Joint Case Management Plan no less than two working days before the first Scheduling Conference.
No less than two working days before the first Scheduling Conference, the state and defendant(s) shall file a Joint Case Management Plan expressly addressing the following issues:
Page 9 | Scheduling Conference & Joint Case Management Plan
The Joint Case Management Report must be submitted no less than two working days before each Case Management Conference.
No less than two working days before each Case Management Conference, the parties shall submit a Joint Case Management Report.
Page 11 | JOINT CASE MANAGEMENT REPORTS
The parties must file a Joint Case Management Report at least 2 working days before each Case Management Conference.
The parties shall file a Joint Case Management Report, as described in the Complex Case Designation & Case Management Order, at least 2 working days before each Case Management Conference.
Page 13 | TRIAL DATE SETTING & COMPLEX CASE MANAGEMENT SCHEDULE
A Scheduling Conference must be set on the Case Management Judge's or assigned trial judge's calendar as soon as possible after complex designation.
A Scheduling Conference shall be set on either the Case Management Judge's calendar or the assigned trial judge's calendar as soon as possible after the case has been designated as complex.
Page 3 | Complex Case Designation
At the Scheduling Conference, the judge will meet with the lawyers who will try the case, and the defendant(s) must be present.
At the Scheduling Conference, the judge will meet with the lawyers who will try the case. The defendant(s) shall also be present.
Page 4 | Scheduling Conference
Case Management Conferences must be scheduled every 45 to 60 days.
IT IS FURTHER ORDERED setting regular Case Management Conferences, every 45 to 60 days, as follows:
Page 13 | TRIAL DATE SETTING & COMPLEX CASE MANAGEMENT SCHEDULE
Trial must be set within 270 days in a complex case.
IT IS ORDERED setting the trial for , 20 at am/pm ( trial days) before the Master Calendar Assignment Judge in Courtroom . [Time Limits: 270 days in a complex case]
Page 13 | TRIAL DATE SETTING & COMPLEX CASE MANAGEMENT SCHEDULE
The judge shall schedule regular Case Management Conferences and may order the parties to participate in good faith settlement discussions under Rule 17.4(a)(2).
The judge shall schedule regular Case Management Conferences and, if necessary order the parties to participate in good faith settlement discussions pursuant to Rule 17.4(a)(2)
Page 4 | Scheduling Conference
Case Management Conferences will be scheduled every 45 to 60 days.
Case Management Conferences will be set every 45-60 days.
Page 9 | Scheduling Conference & Joint Case Management Plan
Adjournment & Extension Requirements
Motions to continue trial must be in writing, show extraordinary circumstances and that delay is indispensable to the interests of justice, and generally state the positions of all other parties.
Motions to continue trial beyond the last day must be submitted in writing, show extraordinary circumstances, and demonstrate why delay is indispensable to the interests of justice. Rule 8.5, Ariz. R. Crim. P. Motions to continue should, as a general rule, state the positions of all other parties to the case.
Page 1 | MOTIONS TO CONTINUE
Any request or motion to continue the trial date or extend the last day in a complex case must be in writing pursuant to Rule 8.5.
Any request or motion to continue the trial date or extend the last day in a complex case must be in writing, pursuant to Rule 8.5.
Page 5 | Continuances
A continuance request must identify who requested the continuance and state whether the opposing party opposed, stipulated to, or took no position on it; if the continuance is on the court's own motion, the request must state whether any party opposed, agreed to, or took no position on it.
a. The party who requested the continuance; b. A statement whether the opposing party opposed the continuance, stipulated to the continuance or took no position on the request for continuance; c. If the continuance is on the court's own motion, a statement whether any of the parties opposed the continuance, agreed to the continuance or took no position on the continuance.
Page 7 | Continuances
Parties who agree to extend filing deadlines should notify the Division so it can track the briefs.
I rarely take issue with extensions or other time accommodations. But, if the parties agree to extend filing deadlines, please let the Division know so we can track the briefs.
Page 1 | Pre-Trial Practice and Management Issues
Chambers Communication Rules
All communications to the Court must copy all parties; the Court will never contact just one side.
We will never contact just one side and the parties must make sure that everyone is copied on all communications to the Court.
Page 1 | Other Courtroom Policies and Recommendations
Attorneys may contact the Judicial Assistant to request a brief status conference to address a problem.
Attorneys may contact my Judicial Assistant if a problem arises that I would likely be able to address through a brief status conference.
Page 1 | Other Courtroom Policies and Recommendations
Email communication with the Court is encouraged provided all parties to the case are copied.
The Court encourages communication via email, provided that all parties to the case are copied.
Page 1 | COMMUNICATING WITH THE DIVISION
Counsel delayed for an in-person proceeding should email the division with a reasonable estimate of when they will be available.
If counsel find themselves delayed, they should email the applicable judicial division and provide a reasonable estimate as to when they will be available.
Page 1 | A NOTE ABOUT TIME
The Division's Judicial Assistant is Alissa McCabe, reachable by email or phone.
The Division’s Judicial Assistant is Alissa McCabe. She can be reached at Alissa.McCabe@jbazmc.maricopa.gov. The division phone number is 602-372-2925.
Page 1 | COMMUNICATING WITH THE DIVISION