Protocol and Practice of Persons Appearing in the Court of Judge Tracey Westerhausen
Specific Comments or Advice for Litigants
Specific Requirements or Preferences
Resources. Parties are able to call (602-506-6251) or e-mail this Division (drj03@jbazmc.maricopa.gov)with questions concerning the status of their case or Court orders. However, please note that Court staff are not permitted to provide legal advice.When you e-file something it does not immediately get directed to the Court. There may be up to a 48-hour delay. Therefore, if you want the Court to address your filing sooner, kindly e-mail a copy of your filing to the Court's email address above.
The Court has information on its website to assist you. In addition, people are encouraged to visit the Law Library Resource Center located on the first floor of the East Court Building where parties may obtain information and assistance with the Court process. For more information use this link: https://superiorcourt.maricopa.gov/llrc/.
The Court expects a party who represents themselves to know the applicable rules, statutes, case law and constitutional provisions the same as a lawyer does. Copper State Bank v. Saggio, 139 Ariz. 438, 441 (App. 1983).
Some online resources are:
For forms:
https://superiorcourt.maricopa.gov/llrc/family-court-forms/
For the Rules of Family Court Procedure:
https://govt.westlaw.com/azrules/Browse/Home/Arizona/ArizonaCourtRules/ArizonaStatutesCourtRules?guid=N1A651810715611DAA16E8D4AC7636430&transitionType=CategoryPageItem&contextData=(sc.Default)
Pre-Trial Practice and Management Issues
Motion Practice
The Court will not take any action on a filing that combines into one motion motions that should really be the subject of two or more separate motions. An example is an actual motion that was titled, “Petitioner-Father’s Amended Petitioner’s Motion to Strike Respondent’s Motion to Consolidate Petitioner’s Petition to Modify Child Support and Respondent’s Notice of Mother’s Relocation to Arizona and Request to Adjust Parenting Schedule and Request for Expedited Hearing and Motion to Dismiss Mother’s Request to Adjust Her Parenting Time.” Don’t do that. The Court will reject it.If a party submits an exhibit or attachment of more than 10 pages in length, the pages must be individually numbered. If a filing refers to an exhibit or attachment, it must identify the relevant page number of the exhibit or attachment.
Discovery or Disclosure Disputes and/or Sanctions
If there is a discovery or disclosure dispute, then Rule 9.c.1 applies:(c)Good Faith Consultation Certificate.(1)Generally. When these rules require a "good faith consultation certificate," the certificate must demonstrate that a party has made a good faith attempt to resolve the issue. The consultation or attempted consultation required by this rule must be in person or by telephone, and not merely by letter or email.
The only exception to the good-faith consultation requirement is when neither party is represented by counsel and there is a current order prohibiting contact between the parties or a history of domestic violence between self-represented parties. Rule 9.c.2.
The meaning of “the issue” in Rule 9.c.1 is each individual item of required disclosure or each individual item that is the subject of an interrogatory or request for production. For example, if a petitioner sends 15 Rule 60 interrogatories to the respondent, the parties must discuss each of the 15 interrogatories that they do not agree on. As another example, if a respondent disputes a petitioner’s failure to disclose bonuses, self-employment income or other items covered by Rule 49.c, the parties must discuss each item in dispute. Only then, after all, can the parties move the Court to issue an order regarding a specific item still in dispute and any objection to each item.