Judge Dewain Fox
Individual Rules, Standing Orders & Policies
Limits & Logistics
Document Limits
Courtesy Copies
Expedited Relief Motions, Filing Pertaining To Hearing Less Than Four Days Away Motions
- 1 copy • Email • Upon Filing
Communication
Chambers
Chambers
Phone
Chambers
Chambers
Page & Word Limits2 rules
Motions in Limine and responses are each limited to four pages, and no reply briefs are permitted.
Motions in Limine are to be no more than four pages in length and responses are no more than four pages in length. There are no replies.
Motion In Limine
4 pages
Opposition
4 pages
The joint statement of discovery or disclosure dispute must not exceed three pages.
The joint statement must not exceed three pages and must contain a certificate of good faith consultation.
Joint Statement Of Discovery Or Disclosure Dispute
3 pages
Document Format Requirements1 rule
Page limits are enforced and may not be exceeded without leave of court.
Page limits are enforced and should not be exceeded without leave of court.
Document Filing Requirements6 rules
The proposed sealing order must identify the document by title and date of lodging and contain the findings required by A.R.Civ.P. 5.4.
The proposed Order sealing the document must specifically identify the document by title and date of lodging and contain the findings required by A.R.Civ.P. 5.4.
Document Type
Proposed Order Sealing Document
The Joint Pretrial Statement must list all claims or causes of action on which a verdict is sought, specifying the cause of action, each party asserting it, and each party against whom it is asserted, with the Rule 16(f)(2)(A)-(C) stipulations-list requirement waived.
The trial-setting order will require the parties to file a Joint Pretrial Statement containing the information required under Arizona Rule of Civil Procedure 16(f)(2), with one material modification. The Court's standard order waives the requirement under Rule 16(f)(2)(A), (B) and (C) to include a list of stipulations, agreed contested issues or other issues considered material. Rather, the order will require the Joint Pretrial Statement to contain a list of all claims or causes of action on which a verdict is sought by any party, specifying (1) the cause of action, (2) each party asserting that cause of action, and (3) each party against whom that cause of action is asserted. The parties also may submit one or more separate stipulations regarding facts, evidence or other matters.
Document Type
Joint Pretrial Statement
The joint statement must contain a certificate of good faith consultation; a threatening letter or email does not satisfy the personal consultation requirement, and no exhibits may be included with the summaries.
The joint statement must not exceed three pages and must contain a certificate of good faith consultation. A letter or email to the opposing attorney threatening to file a discovery motion if he or she does not respond does not, without more, satisfy the personal consultation requirement under the rules. No exhibits shall be included with the summaries.
Document Type
Joint Statement Of Discovery Or Disclosure Dispute
Filers using AI must independently verify every citation and legal authority, confirm all facts against record evidence, and seek only real, verifiable citations; irresponsible AI use or knowingly submitting non-existent facts or caselaw is subject to sanctions.
To reduce errors (and minimize the risk of sanctions), the Court expects filers using AI to: 1. Independently and carefully verify every citation and legal authority using official or reliable legal sources. Again, the party using AI is responsible for false citations. 2. Confirm all facts are true and supported by evidence in the record. 3. Tell the AI tool to provide only real and verifiable citations with links to the cases when possible. 4. Remember: AI tools are not lawyers and cannot give legal advice.
Document Type
Filings Prepared Using AI
Exhibit titles in Case Center must use generic descriptions, be appropriately titled, exclude exhibit numbers, and avoid derogatory or prejudicial information (which the Clerk will rename).
Generic descriptions only may be used to describe exhibits in Case Center. Exhibits must be appropriately titled. Any exhibit title containing derogatory or prejudicial information will be renamed by the Clerk. Please do not include exhibit numbers in the exhibit titles.
Document Type
Exhibits
Counsel are strongly encouraged to lodge a proposed form of Order in Word format when filing a motion through the eFile system.
Judge Fox rules on motions through the eFile system when possible. As such, counsel are strongly encouraged to lodge a proposed form of Order in Word format when filing a motion through the eFile system.
Document Type
Motion
Filing & Service rules
Electronic Filing Rules
All trial exhibits must be submitted electronically through Case Center, whose automatic exhibit numbers are used for the official record.
Exhibits: This Division uses Case Center, a state-wide electronic exhibit portal. All exhibits must be submitted electronically through Case Center. Case Center will automatically number the exhibits. Counsel should use the exhibit numbering shown in Case Center for any exhibit notebooks and trial presentation software because the Case Center exhibit numbers will be used for the official record.
Page 1 | Joint Pre-Trial Memo and/or Conference; Exhibits and Objections
Before the Final Trial Management Conference, jury instructions, proposed voir dire, the joint statement of the case, and deposition designations must be emailed to Division staff in Word format.
Before the Final Trial Management Conference, all jury instructions, proposed voir dire, joint statement of the case (to be read to the jury) and deposition designations should be emailed in Word format to the Division's staff.
Page 1 | Joint Pre-Trial Memo and/or Conference; Exhibits and Objections
Filing Timing and Cure Windows
The Case Center exhibit submission deadline set at the Final Trial Management Conference is firm, and late exhibits presumptively will be excluded.
At the Final Trial Management Conference, the Court will set a deadline for submitting exhibits through Case Center. This is a firm deadline, and late exhibits presumptively will be excluded.
Page 1 | Joint Pre-Trial Memo and/or Conference; Exhibits and Objections
Service and Proof of Service Rules
Proposed judgments must be lodged and served on the other parties, and the record must show service before the Court will enter the judgment; e-filing with an attorneys' fees application without shown service is insufficient.
Proposed forms of judgment need to be lodged and served on other parties pursuant to Arizona Rules of Civil Procedure 5.1(d) and 58. The Court will not enter a proposed form of judgment that is submitted through e-Filing with an Application for Attorneys' Fees, because the docket does not show that the form of judgment was served on the other parties. The record must show service before the Court will enter the proposed judgment.
Page 1 | Other Courtroom Policies and Recommendations
Courtesy Copy Requirements
For expedited relief or filings pertaining to a hearing less than four days away, counsel must email a courtesy copy of the filing to Division staff and copy all other counsel and unrepresented parties.
E-filed documents do not instantaneously arrive in the Division's inbox. As such, if a party is seeking expedited relief or the filing pertains to a hearing less than four days away, counsel should email a courtesy copy of the filing to Division staff. You must copy all other counsel and unrepresented parties when emailing a courtesy copy. Emails that do not include the other parties will not be read and will be deleted.
Page 1 | Motion Practice
Sealing & Redaction Procedures
To file a document under seal under A.R.Civ.P. 5.4, the party must e-file a motion to seal, submit a proposed sealing order in Word format through eFile, lodge the document at the Clerk's filing counter, and simultaneously email an electronic copy to Division staff.
When seeking to file a document under seal pursuant to A.R.Civ.P. 5.4, the filing party must: (i) e-file a motion to file the document under seal; (ii) submit a proposed form of Order sealing the document in Word format through the eFile system; and (iii) lodge the document to be sealed at the Clerk's filing counter. The proposed Order sealing the document must specifically identify the document by title and date of lodging and contain the findings required by A.R.Civ.P. 5.4. The filing party also must simultaneously email an electronic copy of the document proposed to be sealed to the Division's staff. If the Court grants the motion to seal, the Clerk's Office will file the lodged document under seal.
Page 1 | Motion Practice
Filing Bundling Requirements
Only one motion may be included per filing; responses and replies may not be combined with motions (except a true cross-motion for summary judgment), and attorneys' fees or sanctions requests must be made by separate motion.
No party should include more than one motion in a single filing or combine a response and a motion or a reply and a motion in one filing (with the exception of a true cross-motion for summary judgment). This applies to requests for attorneys' fees or sanctions. Such requests should be made by separate motion.
Page 1 | Motion Practice
Pre-Motion Conference Requirements
For discovery disputes, motions to compel, or sanctions requests, counsel must personally meet and confer in good faith first; if unresolved, the parties must file a joint statement of discovery or disclosure dispute and provide a copy to the Judicial Assistant.
Under any of these circumstances, counsel must personally speak to each other and engage in good faith attempts to resolve the dispute. If they cannot do so, the parties must file a "joint statement of discovery or disclosure dispute" and provide a copy to the Division's Judicial Assistant.
Page 1 | Discovery or Disclosure Disputes and/or Sanctions
Supplemental briefing may not be filed without first obtaining leave of Court.
No party should file supplemental briefing without leave of Court.
Page 1 | Motion Practice
Motions in Limine require leave of Court in bench trials; absent leave for good cause each party may file no more than five, and they must address only extremely prejudicial matters that could result in a mistrial — not routine evidentiary matters or requests to enforce a rule of evidence.
Motions in Limine should not be filed in bench trials without leave of Court. Absent leave of Court for good cause shown, each party may file no more than five Motions in Limine. Motions in Limine should address only matters that are extremely prejudicial and could result in a mistrial. Motions in Limine should not be filed on routine evidentiary matters. Motions in Limine asking the Court to enforce a particular rule of evidence should not be filed.
Page 1 | Motion Practice
Adjournment & Extension Requirements
Short stipulated extensions for filing a response or reply require only advising the Court, while longer extensions that impact other deadlines require a filed motion for extension (joint motion or stipulation if the parties agree).
If the parties stipulate to a short extension for filing a response or reply, please advise the Court so we do not prematurely rule on the motion. For longer extensions that impact other deadlines in the case, please file a motion for extension. If the parties agree on the longer extension, the parties can file a joint motion or stipulation.
Page 1 | Motion Practice
Chambers Communication Rules
Communicate with the Division by emailing both the Judicial Assistant and the Courtroom Assistant and copying all other counsel and unrepresented parties; do not email Judge Fox directly, and non-compliant emails will be deleted.
if you need to communicate with our Division, please contact both the Judicial Assistant and the Courtroom Assistant using the above email addresses, and please be sure to include all other counsel or unrepresented parties on the email. Emails that do not comply with this requirement will not be read and will be deleted. Please do not contact Judge Fox directly, even if you copy other counsel on the email.
Page 1 | Specific Comments or Advice for Litigants / Specific Requirements or Preferences
During virtual hearings, participants who cannot see or hear (or believe they are not being seen or heard) must immediately contact Division staff so the problem can be remedied.
If you cannot see or hear, or you believe you are not being seen or heard, immediately contact the Division's staff so the problem can be remedied.
Page 1 | Courtroom Etiquette
The Division's chambers phone number is (602) 372-5824.
Our new division phone number is (602) 372-5824.
Page 1 | Specific Comments or Advice for Litigants / Specific Requirements or Preferences