Superior Court of Arizona in Maricopa County Pre-Motion Conference Requirements

Counsel must meet and confer in good faith to resolve discovery disputes before bringing them to the Court and must demonstrate their efforts.

Meet and Confer: Counsel must try in good faith to resolve discovery disputes before bringing it to the Court. It is not enough to say you tried; the Court takes very seriously your duty to meet and confer and will expect you to demonstrate that you have done so.

Counsel must meet and confer in good faith to resolve discovery disputes before bringing them to Court and must demonstrate compliance.

Counsel must try in good faith to resolve discovery disputes before bringing it to the Court, pursuant to Rule 9(c). Consider Rules 47(f) and 76(b) as well. It is not enough to say you tried; the Court takes very seriously your duty to meet and confer and will expect you to demonstrate that you have done so.

All discovery, including resolution of all discovery disputes, must be completed before a Trial or Evidentiary Hearing is set.

In all cases, a further prerequisite to setting a Trial or Evidentiary Hearing is that all discovery shall be completed. Completion of discovery includes resolution of all discovery disputes.

The Court will not schedule a Trial or Evidentiary Hearing until the parties have participated in mediation pursuant to Rule 91(d), ARFLP.

the Court will not schedule a Trial or Evidentiary Hearing until the parties have participated in some form of mediation, pursuant to Rule 91(d), ARFLP.

Discovery disputes are resolved under Rule 26(d); parties must email a joint statement of discovery dispute to the division, and no motions to compel or for sanctions may be filed unless authorized.

This division applies Rule 26(d), Arizona Rules of Civil Procedure to resolve discovery disputes in all of the following circumstances: (1) the parties have a discovery dispute that needs to be addressed; (2) one party seeks to compel another party to take some action; or (3) a party intends to seek sanctions against another party. Unless full briefing is allowed, the expedited procedures in Rule 26(d) of the Rules of CIVIL Procedure apply to all discovery disputes.

Supplemental briefing may not be filed without first obtaining leave of Court.

No party should file supplemental briefing without leave of Court.

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.

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.

Good-faith consultation required before filing discovery or disclosure motions, with domestic violence exceptions.

This Division requires strict compliance with Ariz. R. Fam. L.P. 51(f) and 9(c), regarding good-faith consultation before filing a discovery or disclosure motion. Ariz. R. Fam. L.P. 9(c)(2) has an exception, however: The parties are not required to personally meet or contact each other if: (A) there is a current court order prohibiting contact between the parties, a history of domestic violence between the parties, or an allegation of domestic violence; and (B) the alleged victim of the domestic violence is self-represented.

Parties must meet and confer before filing any discovery dispute motions.

Parties have a duty to meet and confer before filing any discovery dispute motions.

Parties must contact the division to set a telephonic status conference before filing a Motion to Compel or other discovery motion.

Before filing a Motion to Compel or other discovery related motion, the parties shall contact this division to set a telephonic status conference in hopes of informally resolving the dispute.

Required

Always

A Trial Scheduling Conference will not be set until a party requests one in writing, and the request must state that discovery is complete, the parties have completed a mediation or settlement conference, and the dispositive motion deadline has passed or all dispositive motions have been decided.

This Division does not normally set a Trial Scheduling Conference (TSC) until requested by a party in writing. Any party may request a TSC, as long as the party states: (1) discovery is complete; (2) the parties have completed a mediation or settlement conference; and (3) the deadline for filing dispositive motions has passed or all dispositive motions have been decided.

Each party is presumptively limited to one summary judgment motion per case and must file a written request with the Court before filing any additional such motion.

Each party is presumptively limited to filing one motion for summary judgment in each case. If a party believes an additional motion is warranted, that party shall file a written request with the Court.

All disclosure and discovery disputes must follow Rule 26(d) of the Arizona Rules of Civil Procedure, and no motion to compel may be filed unless the Court specifically authorizes it following a Rule 26(d) hearing.

The parties are required to follow the procedures set forth in Rule 26(d), Arizona Rules of Civil Procedure, for all disputes regarding disclosure and discovery. No motions to compel may be filed unless the Court has specifically authorized such a motion following a Rule 26(d) hearing.

Parties must personally meet and confer in good faith to resolve discovery disputes before seeking court involvement; an email is not a personal consultation.

I expect the parties to follow all rules requiring personal consultation or "meet and confer," with a good-faith effort to resolve a dispute before seeking court involvement. An email is not considered a personal consultation. Please discuss possible resolutions to the issues before the hearing.

Before filing a discovery motion or seeking sanctions, counsel must confer and, if unresolved, file a joint statement of discovery dispute.

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.

Discovery disputes must first proceed under Ariz.R.Civ.P. 26(d) expedited procedure before filing Rule 26(c) protective order motions or Rule 37(a) motions to compel.

Discovery Disputes Generally: This Division requires strict compliance with Ariz.R.Civ.P. 26(d), the Expedited Procedure for Resolving Discovery and Disclosure Disputes. All disputes between parties that could be addressed in motions for protective order under Rule 26(c) or motions to compel discovery or disclosure under Rule 37(a) must first proceed pursuant to Rule 26(d).

Parties must make a reasonable attempt to resolve discovery and other disputes with opposing counsel before seeking judicial resolution.

Please don't ask me to resolve a discovery or some other dispute before you have made a reasonable attempt to resolve it with opposing counsel. The “personal consultation and good-faith efforts” requirements found in the rules should extend to every disagreement that you want me to resolve.

Parties must confer before involving the court in discovery disputes; if unresolved, parties must jointly call the division to schedule a telephonic discovery conference rather than filing anything.

The parties or their counsel must speak directly, either in-person or on the phone, with one another BEFORE getting the Court involved in a discovery dispute. If your efforts to resolve the dispute fail, do not file anything. Both parties or counsel shall jointly call this division and set up a telephonic discovery conference. We will make every effort to get you in within a couple of days.

All discovery and disclosure disputes must first proceed under Ariz. R. Civ. P. 26(d) expedited procedure; full briefing requires advance Court permission and risks summary denial otherwise.

This Division requires strict compliance with Ariz. R. Civ. P. 26(d), the Expedited Procedure for Resolving Discovery and Disclosure Disputes. All disputes between parties that could be addressed in motions for protective order under Rule 26(c) or motions to compel discovery or disclosure under Rule 37(a) must first proceed pursuant to Rule 26(d). The Court may decide to later permit full briefing under Ariz. R. Civ. P. 26(d)(1), but the parties may not engage in full briefing without the advance permission of the Court. Attempted full briefing without advance permission of the Court subjects any such motion by a party to summary denial.

Required

Always

Counsel and parties must meet personally to discuss Rule 16(b) matters.

Counsel and/or the parties are to meet personally to discuss all of the matters set forth in Rule 16(b), Ariz. R.Civ.P.

Motions to compel require a personal telephone consultation between counsel; correspondence alone is insufficient.

However a motion to compel will not be honored, unless parties make every effort to speak with each other. Civil Rule 37(a)(2)(c) provides that an exchange of correspondence is not sufficient to satisfy the "personal consultation" requirement of the Rule, except in extraordinary circumstances. At a minimum, counsel must speak to each other by telephone to attempt to resolve the dispute in good faith before involving the Court.

Discovery and disclosure disputes must first proceed under the Rule 26(d) expedited procedure before filing Rule 26(c) or Rule 37(a) motions.

Discovery Disputes Generally: This Division requires strict compliance with Ariz.R.Civ.P. 26(d), the Expedited Procedure for Resolving Discovery and Disclosure Disputes. All disputes between parties that could be addressed in motions for protective order under Rule 26(c) or motions to compel discovery or disclosure under Rule 37(a) must first proceed pursuant to Rule 26(d).

Discovery disputes must first proceed under the Rule 26(d) expedited procedure; full briefing is prohibited without advance Court permission and may result in summary denial.

This Division requires strict compliance with Ariz. R. Civ. P. 26(d), the Expedited Procedure for Resolving Discovery and Disclosure Disputes. All disputes between parties that could be addressed in motions for protective order under Rule 26(c) or motions to compel discovery or disclosure under Rule 37(a) must first proceed pursuant to Rule 26(d). The Court may decide to later permit full briefing under Ariz. R. Civ. P. 26(d)(1), but the parties may not engage in full briefing without the advance permission of the Court. Attempted full briefing without advance permission of the Court subjects any such motion by a party to summary denial.

Required

Always

Parties must personally meet and confer in good faith to resolve disputes before seeking court involvement; email does not constitute personal consultation.

I expect the parties to follow all rules requiring personal consultation or "meet and confer" with a good faith effort to resolve a dispute before asking for court involvement. An email is not considered personal consultation. Please discuss possible resolution of issues before the hearing.

Parties must meet and confer before filing any discovery motion.

Parties must meet and confer before filing any discovery motion.

Discovery disputes must first proceed under Rule 26(d) expedited procedure before any full briefing.

This Division requires strict compliance with Ariz. R. Civ. P. 26(d), the Expedited Procedure for Resolving Discovery and Disclosure Disputes. All disputes between parties that could be addressed in motions for protective order under Rule 26(c) or motions to compel discovery or disclosure under Rule 37(a) must first proceed pursuant to Rule 26(d).

Before filing a motion to compel, litigants must contact the judicial assistant to schedule a conference call to attempt informal resolution of the discovery dispute.

Litigants trying to settle discovery disputes should contact my judicial assistant to schedule a conference call, before filing a motion to compel.

All discovery disputes must follow the Rule 26(d) procedure, and any request for additional briefing must be indicated in the Rule 26(d) statement.

Rule 26(d) procedure applies to all discovery disputes. If you believe additional briefing is needed, please indicate that in the Rule 26(d) statement.

Before filing motions to compel or for sanctions, parties must jointly request a telephonic status conference and file a two-page statement of the issues and positions.

Please do not file written motions to compel and/or for sanctions as a first resort to seeking relief on a discovery dispute. My preference is that you jointly request a status conference by contacting my division. We will fit you in within 1-2 weeks for a telephonic conference and all I ask is that you file a brief two-page statement describing the issues and each party's position.

Parties must attempt to resolve discovery disputes or sanctions motions through personal in-person consultation before contacting the Court.

Parties shall not contact the Court concerning a discovery dispute or motion for sanctions without first seeking to resolve the matter through personal in-person consultation and sincere effort.

Substantive evidentiary hearings and oral arguments not set during a hearing require a brief virtual status conference to schedule.

In regard to any substantive evidentiary hearings or oral arguments that are not set during a hearing, the Court will set a brief, virtual status conference to schedule a date and time for the substantive hearing.

Before filing a motion to compel or for sanctions, parties must request a status conference and file a two-page statement of the issues and positions.

Please do not file written motions to compel and/or for sanctions at the outset of a discovery dispute. My preference is that you jointly request a status conference by contacting the Division. We will endeavor to fit you in within 1-2 weeks for a brief telephonic conference. Once the teleconference is set, please file a brief two-page statement describing the issues and each party's position.

Parties may file a joint three-page statement (1.5 pages per side) to request a discovery dispute conference, including a Rule 9(c) certificate.

If counsel believe a brief, on-the-record conference with the Court will resolve the issue posed by a discovery or disclosure motion yet to be filed, they may instead file a joint, three-page statement (with each side being entitled to 1.5 pages) and request a discovery dispute conference with the Court. The joint statement must include a Rule 9(c) good-faith consultation certificate.

Parties must engage in good-faith consultation before filing any motion for sanctions, per Rule 11 of the Rules of Civil Procedure.

In particular, attention is required to Rule 11 of the Rules of Civil Procedure, involving representations to the court and the duty of good-faith consultation prior to the filing of any motion for sanctions.

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.

Required

Always

Parties should meet and confer about the case and any motions before the case is called, and the movant should obtain the opposing party's position before submitting a motion.

Parties are encouraged to discuss the case, and any motions to be made, prior to the case being called. When filing motions, the movant should obtain the position of the opposing party, before submitting the motion. When parties are equally informed, delays are avoided.

A trial date will not be set until ADR/mediation is complete, discovery is complete, and dispositive motions are resolved; otherwise the trial-setting conference must be vacated and reset.

The Court will not set a trial date until (1) the parties have completed their ADR or Mediation; AND (2) all discovery is completed; AND (3) any dispositive motions have been fully resolved. If all of these items are NOT complete prior to a trial-setting conference, the parties must seek to vacate and reset that conference to an appropriate date.

Counsel must meet and confer to identify disputed evidentiary issues for motions in limine.

Counsel shall meet and confer to identify disputed evidentiary issues that are anticipated to be the subject of motions in limine.

Only one Motion for Summary Judgment per party is permitted absent leave of Court.

The Court permits only one Motion for Summary Judgment per party absent leave of Court for good cause shown.

Motions in Limine should not be filed in bench trials without leave of Court.

Motions in Limine should not be filed in bench trials without leave of Court.

Each party may file no more than five Motions in Limine absent leave of Court.

Absent leave of Court for good cause shown, each party may file no more than five Motions in Limine.

The Court will not set a trial date until ADR/mediation, discovery, and dispositive motions are complete.

The Court will not set a trial date until: (1) the parties have completed their ADR or Mediation; AND (2) all discovery is completed; AND (3) any dispositive motions have been fully resolved.

For discovery disputes, file a brief joint statement and email the division to request a status conference per ARCP 26(d).

For discovery disputes, please consider following the procedures in ARCP 26(d)—that is, filing a brief joint statement describing the dispute and emailing drj09@jbazmc.maricopa.gov to request a status conference.

Motions to Strike are strongly discouraged; parties should make their point in responsive pleadings.

Motions to Strike: Motions to Strike are strongly discouraged and often are not even countenanced by the Rules. Make your point in your responsive pleading.

The court allows response and reply time, then determines whether the matter will be set for a hearing.

The court will allow for Response and Reply time and then determine whether the matter will be set for a hearing.

Oral argument may be scheduled when a written motion is filed or when requested in the body of a motion or response.

Oral arguments may be scheduled when a written motion is filed or requested inside the body of a motion or response.

The court will allow response and reply time before determining whether to set a motion for oral argument or evidentiary hearing.

The court will allow for Response and Reply time and then determine whether the matter will be set for oral argument or evidentiary hearing.

The court will rule on expedited consideration requests by setting an expedited response date by Minute Entry Order, then rule once the response date expires.

Generally, Judge Beresky will separately rule on the request to expedite by setting an expedited date for responses by Minute Entry Order, and then will rule once response date expires.