Judge Jay Polk
Individual Rules, Standing Orders & Policies
Limits & Logistics
Courtesy Copies
Courtesy copies
- 1 copy
Document Filing Requirements6 rules
Joint Pretrial Statements are required; separate statements are accepted if the parties cannot agree.
Joint Pretrial Statements are required. Because the information contained in this filing is so important, separate statements are accepted if the parties cannot agree or are unable to work together.
Document Type
Pretrial Order
Motions to withdraw as counsel must comply with Rule 5.3; without the client's written consent, the motion must be served on the client and service reflected in the certificate of service.
When filing a motion to withdraw as counsel of record, counsel must comply with Rule 5.3, Arizona Rules of Civil Procedure. Pursuant to those rules, if a matter is pending and counsel has not obtained the client's written consent to counsel's withdrawal, I will not rule on the motion to withdraw until the time for the filing of a response has passed. In addition, if the motion does not bear the client's written consent, counsel must be sure to serve a copy of the motion upon the client and reflect such service in the certificate of service.
Document Type
Motion
Motions regarding discovery disputes must contain the Rule 37(a)(1) certification or risk summary denial.
If I receive a motion pertaining to a discovery dispute, I first will check to make sure it contains the certification required by Rule 37(a)(1), Arizona Rules of Civil Procedure. If it does not, I generally will summarily deny the motion.
Document Type
Motion
Requests for accelerated rulings must be noted under the motion's title with an explanation in the body; no separate motion or order.
When asking for an accelerated ruling on a motion, do not file a separate motion asking for an accelerated ruling and do not lodge a separate form of order granting a request for accelerated ruling. Instead, simply note under the title of the motion that you are requesting an accelerated ruling and, in the body of the motion, briefly explain why an accelerated ruling is necessary.
Document Type
Motion
Citations in filings must include pin cites to specific pages of supporting authorities.
Citations should be double checked prior to filing and must include pin cites, directing the Court's attention to specific pages of supporting authorities.
Document Type
Brief
Settling parties must submit a signed written notice stating they have settled and which court events should be vacated.
If the parties settle before trial, they should not assume that the Court will vacate any upcoming hearings or other court events. The parties should submit a written document, signed by both parties (or their counsel) that, at a minimum, states that the parties have settled and what upcoming court events can be vacated as a result of the settlement.
Document Type
Notice
Filing & Service rules
Electronic Filing Rules
E-filing is unavailable in probate and mental health cases; file-stamped copies of all filings must be delivered to the division.
Currently, e-filing is not available in probate and mental health cases. Consequently, lawyers and self-represented parties need to be sure that my division receives file-stamped copies of all petitions, motions, objections, responses, and similar documents that are filed with the clerk.
Page 1 | Motion Practice
Filing Timing and Cure Windows
Exhibits must be submitted to the division clerk at least five judicial days before the hearing or they may be excluded.
Exhibits must be timely submitted to the division clerk. If an exhibit is not submitted at least five judicial days before the hearing, I either will not allow the exhibit to be admitted at the hearing or, in the alternative, the time it takes my clerk to mark the exhibit will be deducted from the offering party's trial time.
Page 1 | Joint Pre-Trial Memo and/or Conference; Exhibits and Objections
Dispositive motions filed less than five weeks before trial are unlikely to be ruled upon before trial.
As a result of the time frames for responses and replies, do not file a motion to dismiss (or other dispositive motion) less than five (5) weeks before trial and expect it to be ruled upon before the trial.
Page 1 | Motion Practice
Courtesy Copy Requirements
Bench copies of exhibits are appreciated, preferably as a tabbed notebook with matching exhibit numbers.
Bench copies of exhibits are appreciated. If the Bench copy is a tabbed notebook, with all exhibit numbers matching the actual exhibit numbers, all the better for the Court to follow the line of questioning, make notes, and speed up the proceeding.
Page 1 | Joint Pre-Trial Memo and/or Conference; Exhibits and Objections
Sealing & Redaction Procedures
Sensitive documents are typically filed as confidential documents rather than sealing the entire file.
I avoid placing an entire file under seal. However, I typically will file documents that pertain to sensitive matters as confidential documents, which allows the parties, their counsel, and court staff to have access to the documents while protecting them from disclosure to the general public.
Page 1 | Discovery or Disclosure Disputes and/or Sanctions
Pre-Motion Conference Requirements
Counsel may request a telephonic status conference for discovery disputes by email to the Judicial Assistant instead of filing a motion to compel or protective order.
In lieu of filing a motion to compel or a motion for protective order, counsel may request a telephonic status conference to discuss a discovery dispute between two or more parties. Any such request should be made by e-mail sent to my Judicial Assistant with all other counsel of record (or a party who is self-represented) copied on the e-mail. The e-mail should state what type of discovery device (e.g., request for admissions, interrogatories, request for production of documents, etc.) is at issue, to whom the discovery device was directed, the date the discovery device was served, and the date the response was due.
Page 1 | Discovery or Disclosure Disputes and/or Sanctions