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

CRITICAL

Counsel must make a good-faith effort to resolve discovery disputes and be prepared to demonstrate that they met and conferred before bringing the dispute to the Court.

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.

CRITICAL

The Court will not schedule, reschedule, or vacate a hearing without a filed motion.

The Court will not schedule, reschedule, or vacate hearings without the filing of a motion.

CRITICAL

Counsel must make a good-faith effort to resolve discovery disputes before bringing them to the Court.

Counsel must try in good faith to resolve discovery disputes before bringing it to the Court, pursuant to Rule 9(c).

CRITICAL

Unless the parties use the expedited Joint Statement procedure, a discovery dispute must begin with a Motion to Compel or another appropriate discovery or disclosure motion.

Otherwise, the dispute must commence with a Motion to Compel, or other appropriate discovery or disclosure motion.

CRITICAL

For discovery disputes, parties must demonstrate that they met and conferred; merely asserting an attempt is insufficient.

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.

CRITICAL

Before submitting a discovery dispute, parties are expected to confer in good faith through an actual conversation, not merely exchange voicemails or emails.

Before submitting a discovery dispute, you are expected to meet and confer with the opposing party and to try to resolve your dispute in good faith. "Meet and confer" will require an actual conversation with the opposing party and not just an exchange of voice mails and emails.

CRITICAL

Staff will email parties to schedule a telephonic discovery conference, generally within one week; written filings may be directed for complex disputes, and motions to compel or for discovery sanctions require authorization.

Someone from my team (my judicial assistant or courtroom assistant) will email the parties/attorneys to schedule a telephonic conference on the discovery dispute. These generally will be held within 1 week. If the issue is truly too complicated to resolve over the phone, I will direct you to file something in writing. Unless authorized, no motions to compel or motions for discovery sanctions shall be filed.

CRITICALCriminal cases

Motions should be in writing, and the Court will not consider a contested motion unless all parties have had an opportunity to respond in writing.

All motions should be made in writing - the Court will not consider a contested motion unless all parties have been provided an opportunity to respond in writing.

CRITICALCriminal cases

Before requesting court involvement in a dispute, parties are expected to personally consult and make a good-faith effort to resolve it, consistent with procedural rules.

Judge O’Donnell-Smith expects the parties to follow all rules of procedure regarding requirements for a personal consultation with a good faith effort to resolve the dispute prior to requesting court involvement.

CRITICALCivil cases

For covered discovery disputes, requests to compel action, or anticipated sanctions, counsel must personally confer in good faith; if unresolved, the parties must file a joint dispute statement and provide it to the Judicial Assistant.

The Court generally follows Civil Rule 26(d). The Court's dispute resolution procedures outlined below shall apply to 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. 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.

CRITICAL

Before filing a discovery or disclosure motion, parties must comply with the required good-faith consultation rules; personal meeting or contact is not required when the stated domestic-violence and self-representation conditions apply.

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.

CRITICAL

Parties must meet and confer before filing a discovery dispute motion.

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

CRITICAL

Before filing a motion to compel or another discovery-related motion, parties must contact the Division to arrange a telephonic status conference to try to resolve the dispute informally.

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.

CRITICALCivil cases

Before seeking court involvement in a dispute, parties must personally consult and make a good-faith effort to resolve it; email does not qualify, and possible resolutions should be discussed before the hearing.

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.

CRITICAL

A trial date will not be set until ADR or mediation, discovery, and dispositive motions are complete; if they are incomplete before the trial-setting conference, the parties must seek to vacate and reset it.

• 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.

CRITICAL

Before asking the court to resolve a discovery or other dispute, make a reasonable attempt to resolve it with opposing counsel and satisfy personal-consultation and good-faith-effort requirements.

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.

CRITICAL

For specified discovery, compel, or sanctions disputes, counsel must confer by phone or in person in good faith; if unresolved, the parties must file a joint dispute statement and provide it to the judicial assistant.

The Court's dispute resolution procedures outlined below shall apply to 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. Under any of these circumstances, counsel must personally speak to each other (by phone or in person) and make genuine 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.

CRITICAL

Motions in limine may not be filed in bench trials without leave of court.

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

CRITICALCivil cases

Before involving the Court in a discovery dispute, the parties must confer in person or by phone; if unresolved, they must not file anything and must jointly call the division to arrange a telephonic discovery conference.

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.

CRITICAL

Discovery and disclosure disputes covered by Rules 26(c) and 37(a) must first follow Rule 26(d); full briefing requires advance Court permission and may otherwise 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.

CRITICAL

Counsel must make a good-faith effort to resolve discovery disputes and demonstrate that they met and conferred before bringing the dispute to the Court.

Counsel must try in good faith to resolve discovery disputes before bringing it to the Court, pursuant to Rule 9(c). 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.

CRITICALCivil cases

Before seeking a motion to compel, parties must make every effort to confer in good faith, including speaking by telephone; correspondence alone is insufficient except in extraordinary circumstances.

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.

CRITICAL

Discovery and disclosure disputes that could be raised under Rules 26(c) or 37(a) must first follow the Rule 26(d) procedure.

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).

CRITICAL

A trial date will not be set until ADR or mediation, discovery, and dispositive motions are complete; if they are incomplete before the trial-setting conference, the parties must seek to vacate and reset it.

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.

CRITICALCivil cases

The Court may permit full briefing under Rule 26(d)(1), but parties may not undertake full briefing without advance permission.

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.

CRITICALCivil cases

The Division requires strict compliance with Arizona Rule of Civil Procedure 26(d) for discovery and disclosure disputes.

This Division requires strict compliance with Ariz. R. Civ. P. 26(d), the Expedited Procedure for Resolving Discovery and Disclosure Disputes.

CRITICALCivil cases

Disputes suitable for Rule 26(c) protective orders or Rule 37(a) motions to compel must first proceed under Rule 26(d).

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).

CRITICAL

Before asking the court to resolve a dispute, parties must personally consult or meet and confer in good faith; email alone does not qualify as 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.

CRITICAL

The Court will not consider a contested motion unless all parties have had an opportunity to respond in writing.

The Court will not consider a contested motion unless all parties have been given the opportunity to respond in writing.

CRITICAL

Parties must meet and confer before filing a discovery motion.

Parties must meet and confer before filing any discovery motion.

CRITICAL

Discovery and disclosure disputes that could be addressed under Rules 26(c) or 37(a) must first follow Rule 26(d)’s expedited procedure.

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).

CRITICAL

Motions in limine may not be filed in bench trials without leave of Court.

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

CRITICAL

Full briefing of covered discovery disputes requires advance Court permission; unauthorized full briefing may result in summary denial, though the Court may later permit it.

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.

CRITICAL

Each party may file no more than five motions in limine absent leave of Court for good cause shown.

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

CRITICAL

A trial date will not be set until ADR or mediation, discovery, and dispositive motions are complete; if they are incomplete before the trial-setting conference, the parties must seek to vacate and reset it.

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.

CRITICAL

Supplemental briefing may not be filed without leave of Court.

No party should file supplemental briefing without leave of Court.

CRITICAL

Each party may file only one summary judgment motion unless the Court grants leave for good cause shown.

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

CRITICAL

Before seeking court involvement in a discovery dispute, parties must satisfy applicable personal-consultation requirements and make a good-faith effort to resolve the dispute; email does not count as personal consultation.

Judge Myers expects the parties to follow all rules of procedure regarding requirements for a personal consultation with a good faith effort to resolve the dispute prior to requesting court involvement (note: an email is not personal consultation).

CRITICAL

Discovery and disclosure disputes that could be raised by protective-order or motion-to-compel motions must first follow Rule 26(d); the Court may consider expanding the three-page briefing limit to six pages for good cause in exceptional cases.

Discovery Disputes Generally: This Division requires strict compliance with Ariz.R.Civ.P. 26(d), the Expedited Procedure for Resolving Discovery and Disclosure Disputes (other than deposition disputes, discussed above). 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 will consider expanding the briefing from three pages to six pages upon a showing of good cause in exceptional cases.

CRITICAL

Before moving under Rule 26(d) or many other rules governing motions, disputes, or sanctions, the moving party must try in good faith to resolve the issue through an in-person or telephone consultation; a letter or email alone is insufficient.

Good Faith Certificate: Please remember that when using the procedures under Rule 26(d), or many other Rules governing the filing of motions, resolution of disputes, or seeking of sanctions, the moving party is required to “attach to the motion a separate statement certifying and demonstrating that the movant has tried in good faith to resolve the issue by conferring with, or attempting to confer with – the party against whom the motion is directed. The consultation must be in person or by telephone and not merely by letter or email.” Rule 7.1(h), Ariz.R.Civ.P. (emphasis added).

CRITICAL

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.

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.

CRITICALCivil cases

Before contacting the Court about a discovery dispute or sanctions motion, parties must first try sincerely to resolve it through personal, in-person consultation.

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.

WARNING

Parties may file a joint discovery-dispute statement to expedite resolution, and the Court strongly encourages doing so even in criminal matters; otherwise, the dispute must begin with an appropriate motion, and a phone or email request will not secure a hearing.

Dispute Resolution: If the parties want to expedite the discovery dispute, they may file a Joint Statement of Discovery Dispute similar to what is required by Rule 26(d) of the Arizona Rules of Civil Procedure. The Court strongly encourages the parties to follow this procedure, even in criminal matters. Otherwise, the dispute must commence with a Motion to Compel, or other appropriate discovery or disclosure motion. The Court will not set a discovery dispute hearing based on a telephonic or email request.

WARNING

The Court generally does not accept impromptu virtual hearings during depositions, but exceptions may be made.

The Court generally does not accept impromptu virtual hearings during depositions, although there may be exceptions.

WARNING

For substantive evidentiary hearings or oral arguments not set during a hearing, the Court will hold a brief virtual status conference to schedule them.

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.

WARNING

Motions to strike are strongly discouraged; the Court advises making the point in a responsive pleading instead.

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

WARNING

Motions in limine require leave in bench trials, are limited to five per party absent leave for good cause, and should be reserved for extremely prejudicial matters that could cause a mistrial rather than routine evidentiary issues or enforcement of 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.

WARNING

Rule 26(d)'s discovery-dispute procedures apply to discovery disputes, requests to compel action, and intended sanctions requests; the expedited procedures apply unless full briefing is allowed.

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.

WARNING

At the outset of a discovery dispute, the judge prefers a joint request for a status conference rather than written motions to compel or for sanctions; after the conference is set, file a two-page statement of the issues and each party's position.

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.

WARNING

The expedited dispute-resolution procedure applies only to discovery or disclosure issues unless a party seeks leave to use it for other issues.

This expedited dispute resolution procedure is applicable to discovery or disclosure issues only, unless leave of Court is sought to apply it to other issues in a case.