Limits & Logistics
Document Limits
Courtesy Copies
Default Judgment Packet
Court-wideHard Copy Filing
Court-wideMarriage Record Restriction Request
Court-wideMotion to Stay, LCA Emergency Relief
Court-wide
Communication
Intake Unit
Phone
Court-wideIntake Unit
Page & Word Limits2 rules
Motions in Limine: Each party is limited to two motions in limine containing a maximum of four pages of facts, argument, etc.
- Motion in limine
- Up to 4 pages per party
Briefing for covered discovery and disclosure disputes is limited to three pages; the Court will consider expanding it to six pages upon good cause in an exceptional case.
- Brief
- Up to 3 pages
- Discovery motions
Court's wording
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.
Document Format Requirements2 rules
Filings must be self-contained and may not incorporate other separate filings by reference for consideration.
Court's wording
No Incorporation by Reference: All filings shall be fully self-contained and shall not “incorporate by reference” other separate filings for review and consideration as part of the pending filing. See, e.g. DeSilva v. DiLeonardi, 181 F.3d 865, 866-67 (7th Cir. 1999) ("adoption by reference amounts to a self-help increase in the length of the … brief. Even when a litigant has unused space…, incorporation is a pointless imposition on the court's time. A brief must make all arguments accessible to the judges, rather than ask them to play archaeologist with the record").
Citation to Case Law: This Division adheres to ARCAP Rule 13(f) regarding citation to case law and encourages counsel to save space by omitting parallel citations – citation to the volume and page number(s) of the official Arizona reporter, only, is sufficient. Citation of non-Arizona case law must be to the volume and page number of applicable regional or federal reporters. If a case is not available in an official Arizona reporter in an applicable regional or federal reporter, a party may provide a citation to an electronic database or another source, but should also provide a copy of, or working link to, the case.
Document Filing Requirements2 rules
For Rule 26(d) procedures and many other motions involving disputes or sanctions, the moving party must attach a separate good-faith conference statement; consultation must be in person or by telephone, not merely by letter or email.
- Document
- Motion
Must include
- •Certificate of conference
Court's wording
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).
Documents required or ordered to be filed jointly must be filed jointly, unless the opposing party fails to participate in good faith; then a party may file separately and notify the Court why.
Court's wording
Joint Filings: When a rule requires a document to be filed jointly, or the Court so orders, the document must be filed jointly. If an opposing party fails to participate in the joint filing in good faith, a party may file the document separately and notify the Court of the opposing party’s conduct or inaction that necessitated the separate filing.
Filing & Service rules
Filing Timing and Cure Windows
A document ordered by a Minute Entry or other Order is expected to be filed by the required date.
Timely Filing and Emailed Copies: When a Minute Entry or other Order directs the parties to file a document, the Court expects that the document will be filed by the required date.
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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.
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Service and Proof of Service Rules
Exhibits intended for use during opening statements must be shown to opposing counsel at least 24 hours before use.
Use of Exhibits During Opening Statements: If any party intends to use exhibits during opening statements, the exhibits must be shown to opposing counsel at least 24 hours in advance of their use.
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A copy must be provided to the other party at the time of filing.
Copies must be emailed to this division and provided to the other party at the time of filing.
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The Court will likely order parties, to the extent feasible, to serve pleadings, court filings, and discovery materials by mail and email.
Service Between Parties: To minimize costs and memorialize communications between parties, the Court will likely order the parties to serve pleadings, other court filings and discovery materials (to the extent feasible) by mail and email, as provided in Rule 5(c)(2)(C)&(D).
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Filing Bundling Requirements
Motions, responses, replies, and other filings must be submitted individually; motions may not be combined with responsive pleadings or other filings.
No Combination Response/Motions: All motions, responses, replies and other filings must be submitted individually. Counsel shall not combine any motion with a responsive pleading. All motions are to be filed separately and designated as such. No filing will be accepted if filed in combination with another.
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Pre-Motion Conference Requirements
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.
Page 1 | Discovery or Disclosure Disputes and/or Sanctions
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).
Page 1 | Discovery or Disclosure Disputes and/or Sanctions
Chambers Communication Rules
At filing, copies must be emailed to the division and provided to the other party.
Copies must be emailed to this division and provided to the other party at the time of filing.
Page 1 | Motion Practice
Written communications to the Court, including email, must copy the opposing party unless an exception permits ex parte communication.
No Ex Parte Communication: Any written communication with the Court, such as email, must copy the opposing party unless a specific exception allowing for ex parte communication applies.
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For a minor deposition dispute, parties may call the Court to seek a short telephonic hearing; if multiple disputes are anticipated, the Court recommends alerting it in the days before the deposition.
Deposition Disputes: The Court is open to resolving minor disputes during depositions. When a dispute arises during a deposition, the parties may call the Court to seek a short telephonic hearing; recognizing that it may take some time to get the judge and the clerk on the phone. The parties may therefore need to instruct the court reporter to mark the disputed portion of the transcript and proceed with the rest of the deposition until the judge and clerk are available for the call. If the parties anticipate that a particular deposition will involve multiple disputes, it is best to alert the Court to the possibility that a telephonic hearing will be needed in the days prior to the deposition.
Page 1 | Discovery or Disclosure Disputes and/or Sanctions