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

WARNING

For a motion requesting expedited consideration, try to communicate with the other side, confirm that you did so, and include their position in the motion if known.

In addition, try and communicate with the other side, confirm that you have done so, and place their position, if known, in your Motion.

WARNING

The parties are expected to participate in some form of alternative dispute resolution before the court schedules trial.

It is expected that the parties will participate in some form of alternative dispute resolution prior to the court scheduling trial.

WARNING

Before submitting exhibits, parties should meet with opposing counsel or the opposing party and try to coordinate their submissions.

Before you submit your exhibits, meet with the opposing counsel or party and try to coordinate the exhibits that are submitted. This will avoid duplication of exhibits and the submission of extraneous exhibits and will ensure consistent numbering, which will make it easier for my staff to provide you with an exhibit worksheet prior to the day of trial (see below).

WARNING

Disputes concerning discovery sought from a non-party should follow Arizona Rule of Civil Procedure 37.

If discovery is sought from a non-party (e.g., by means of a subpoena duces tecum), the party requesting the discovery should follow the procedure set forth in Rule 37, Arizona Rules of Civil Procedure, for any disputes pertaining to that discovery. See Ariz. R. Civ. P. 45(c)(5)(B)(ii).

WARNING

Request oral argument only when intending to present information supplemental to the briefs; oral argument is not automatically granted.

Oral argument should not be requested unless you intend to present information supplemental to what is in the written briefs. Oral argument will not automatically be granted. If oral argument is set, it often means that I have questions about the briefs.

WARNING

For party-to-party discovery disputes, counsel may request a telephonic status conference by email to the Judicial Assistant, copying all other counsel or self-represented parties and providing specified neutral dispute information; the judge decides whether to conference or require a formal motion, and this procedure does not apply to non-party discovery.

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. In addition, the e-mail should briefly describe the nature of the dispute without making any argument. For example, the e-mail may state that the party requesting the status conference is contending: (a) the other party has failed to respond to the discovery device, or (b) the response to the discovery device is incomplete or insufficient. Similarly, the e-mail may state explain any objection to the requested discovery. The purpose of the e-mail simply is to provide the other counsel/parties and me with a general idea as to the nature of the dispute. Upon receipt of the e-mail, I will determine whether to set a status conference or, instead, require the filing of a formal motion to compel or motion for protective order. THIS PROCEDURE SHOULD NOT BE FOLLOWED WHEN DISCOVERY IS REQUESTED FROM A NON-PARTY.

WARNINGCriminal cases

A movant should obtain the opposing party’s position before submitting a motion.

When filing motions, the movant should obtain the position of the opposing party, before submitting the motion.

WARNING

The Court generally will not consider discovery or non-disclosure disputes first raised after the Trial Setting Conference deadline, except disputes concerning disclosures that first occur after that deadline.

• Untimely Discovery Disputes: The Court will generally not consider discovery disputes or non-disclosure disputes that are raised for the first time after the Trial Setting Conference deadline, except for disclosures occurring for the first time after the Trial Setting Conference Deadline.

WARNING

Requesting oral argument does not guarantee that it will be granted.

Don’t assume that because you asked for oral argument, you will automatically get one.

WARNING

The court allows time for a response and reply before deciding whether to set oral argument or an 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.

WARNING

The judge generally rules separately on an expedited-relief request, sets an expedited response date by Minute Entry Order, and rules after that 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.

WARNING

The court is unlikely to consider a contested motion unless all parties have had an opportunity to respond in writing.

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

WARNING

Request expedited relief only when there is a genuine need for an expedited ruling.

Please do not request expedited relief unless there is a genuine need for an expedited ruling.

WARNINGCivil cases

Replies to motions in limine are not permitted.

Motions in Limine shall not be filed in bench trials without leave of the 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 extremely prejudicial matters, which 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. 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.

WARNING

Parties may use a Joint Statement of Discovery Dispute to expedite resolution; otherwise, a discovery dispute must begin with a Motion to Compel or another appropriate discovery or disclosure motion.

If the parties want to expedite the discovery dispute, they may file a Joint Statement of Discovery Dispute pursuant to Rule 26(d) of the Arizona Rules of Civil Procedure. Otherwise, the dispute must commence with a Motion to Compel, or other appropriate discovery or disclosure motion.

WARNINGCivil cases

Replies on motions in limine are not permitted.

There are to be no replies.

WARNING

The Court generally will not consider discovery or nondisclosure disputes first raised after the Trial Setting Conference deadline, except disputes concerning disclosures that first occur after that deadline.

Untimely Discovery Disputes: The Court will generally not consider discovery disputes or non-disclosure disputes that are raised for the first time after the Trial Setting Conference deadline, except for disclosures occurring for the first time after the Trial Setting Conference Deadline.

WARNINGCivil cases

Full briefing on a discovery or disclosure dispute without advance Court permission may result in summary denial of the motion.

Attempted full briefing without advance permission of the Court subjects any such motion by a party to summary denial.

WARNINGCivil cases

The Court expects parties to attempt settlement before trial.

The Court expects the parties to have attempted settlement prior to trial.

WARNINGCivil cases

Replies are not permitted for motions in limine.

There are no replies.

WARNING

The parties should discuss possible resolution of issues before the hearing.

Please discuss possible resolution of issues before the hearing.

WARNINGCivil cases

Litigants should contact the judicial assistant to schedule a conference call before filing a motion to compel; the Court will try to resolve the dispute informally within five days if possible, and otherwise will set a briefing schedule.

Litigants trying to settle discovery disputes should contact my judicial assistant to schedule a conference call, before filing a motion to compel. I will endeavor to resolve the dispute informally with a conference call within five days if possible. If I am unable to resolve the dispute informally, I will set a briefing schedule for the parties to brief the issues in their dispute.

WARNING

The Court normally will not set oral argument unless a party requests it.

The Court normally will not set oral argument unless it is requested.

WARNING

Generally, the Court rules separately on an expedited-consideration request, sets an expedited response date by Minute Entry Order, and rules after that response date expires.

Generally, Judge Myers 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.

INFO

Parties may expedite a discovery dispute by filing a Joint Statement of Discovery Dispute under Rule 26(d).

If the parties want to expedite the discovery dispute, they may file a Joint Statement of Discovery Dispute pursuant to Rule 26(d) of the Arizona Rules of Civil Procedure.

INFOCriminal cases

The judge prefers that parties jointly discuss resolving disputes before the judge takes the bench.

Judge O’Donnell-Smith prefers the parties to jointly discuss resolution of disputes prior to the judge taking the bench.

INFO

The judge is willing to use settlement conferences or off-the-record conversations with counsel to help resolve disputes efficiently and fairly.

I am willing to work with counsel and the parties on procedures that will help the parties resolve disputes as efficiently and fairly as possible. This includes conducting settlement conferences or off-the-record conversations with counsel.

INFO

Telephonic proceedings are encouraged, especially for matters lasting no more than 30 minutes that do not require testimony except to place an agreement on the record.

Telephonic proceedings are encouraged, particularly for matters that do not exceed thirty (30) minutes and do not require testimony (other than testimony to place an agreement on the record).

INFOCriminal cases

Parties are encouraged to discuss the case and contemplated motions before the case is called.

Parties are encouraged to discuss the case, and any motions to be made, prior to the case being called.

INFO

Settlement conferences or mediation are strongly encouraged before a contested proceeding.

Settlement Conferences or a Mediation are highly encouraged prior to a contested proceeding.

INFOCivil cases

For substantive evidentiary hearings or oral arguments not set during a hearing, the Court will schedule a virtual status conference to set the date and time.

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

INFOCivil cases

The Court will schedule oral argument if it believes argument may assist in deciding the matter.

If the Court believes that oral argument may assist in making a decision, the Court will schedule one.

INFOCivil cases

For discovery disputes, the Court recommends considering a brief joint statement and an email requesting a status conference, which is available for 15 minutes at 8:45 a.m. most mornings.

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. The Court has availability for 15-minute status conferences at 8:45 a.m. most mornings.

INFOCivil cases

The Court’s course of action depends on the nature of the motion and the relief requested.

The course of action is dependent on the nature of the motion and the requested relief.