Protocol and Practice of Persons Appearing in the Court of Commissioner Eartha K. Washington
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Pre-Trial Practice and Management IssuesMotion Practice • All litigants should be prepared for Court. In particular, litigants should have documents necessary to their proceeding in hand when they report to the courtroom. The Court directs litigants to the Self Service Center, or the Maricopa County Superior Court website.
• The Court cannot, and will not, grant relief that has not been requested in the petition, or is different from the petition. The Court relies on documents filed with the division, and served to the other side, to identify the legal concerns at issue. Please be clear about what you are asking for, and why, when addressing the Court, enabling the Court to best facilitate you case.
Trial Practice and ProtocolJoint Pre-Trial Memo and/or Conference; Exhibits and Objections • Bench copies of exhibits are appreciated. Trial Practice and Procedure Court Hearings for this division pursuant to the current COVID-19 CONCERNS:
Juveniles should be present for Delinquency adjudications, dispositions, transfer hearings, changes of plea and direct file initial appearances. The parties may stipulate that these hearings be done telephonically or that a witness or victim appear telephonically. If the juvenile is detained, the juvenile will need to be present (but can appear telephonically from detention), if it is an advisory hearing the juvenile may appear telephonically. Juveniles and there parents as well as counsel, JPO, DCS, HNCM and the County Attorney's Office can appear telephonically for Mental Competency Hearings, Review of Restoration Hearings, Review of Placement Hearings and Pre-Adjudication Conference Hearings that do not include a Plea Agreement or moving on to Disposition, unless the parties stipulate to a telephonic appearance. Counsel should inform their clients and their parents about the telephonic mandate and obtain any stipulation prior to the set court date. If a plea agreement will occur telephonically the parties should have the plea signed and a copy sent to the division prior to the set court date. Both felony and misdemeanor dispositions can occur telephonically. Juvenile's Counsel can get a Notice of Rights form from the division an should ensure that the Notice gets signed by their client and filed with the court no later than two weeks from the date of the disposition.
JS and JG hearings as well as adoptions will be conducted telephonically during this time. Trials for JS matters if not already continued may be continued during this time period and will be determined on an individual basis.
*If a parent, victim or witness is Spanish speaking the court will use telephonic interpretation services whenever possible. Parties should provide telephonic contact information to the division so that it can coordinate with the interpreter's office for the hearing.
If you become aware that you, an immediate in-home family member, a client, an immediate in-home family member of a client, or anyone who would normally appear for a case is ill with a fever or other significant symptoms, waivers of appearances will be granted, including for telephonic hearings. Please do not let any symptomatic or ill individuals transport or handle documents or other items that will be submitted physically in advance of telephonic hearings.
With all hearings now telephonic, this should not be an issue, but just in case, please do NOT arrive at the Durango Juvenile Court Center ill, and please do NOT knowingly allow anyone else to do so. Court Security has been given direction to exclude symptomatic individuals at security. Also with all hearings telephonic, signs will be posted on the exterior courtroom doors to direct anyone who arrives in person to call Division staff to advise that they are present.
Please reach out to the division for further instructions regarding telephonic appearances 602-372-1979.
Courtroom Etiquette • All litigants should listen to the Court’s questions, and wait for the court to finish speaking, before responding. It is not appropriate to interrupt the Bench, or any other person in the courtroom.