Judicial Profile

Specific Comments or Advice for Litigants

Specific Requirements or Preferences

• "In-Person" Litigants must check in with the Courtroom Assistant/JA when reporting to Court for a proceeding, enabling the Courtroom Assistant to further coordinate the calendar. Check-in involves relaying your name, your case number, and a cell phone number, or email address to the CA.  
 
If you are appearing via Court Connect, please enter the electronic waiting room no earlier than 10 minutes before your scheduled hearing. Make sure that if appearing by the computer application that you insert your name and which party you represent, i.e., "Judge Pineda representing the Superior Court". This will assist the Court in identifying those appearing virtually.  
 
If your client is appearing virtually, ask that they note their name and party desiganation, i.e, "Plaintiff"/"Defendant"  
 
• Courtroom assistant/or JA should also be updated by counsel when coverage appears on your behalf. Please inform the JA one business day before that another attorney will be covering the proceeding including why they are covering, how long they will be covering, and their contact information (Phone number and Email).  
 
• If counsel is stepping outside of the courtroom to take a call, or for any other reason, the CA must know where you are going, and how long you will be gone. If your matter is called in the first come-first serve format, and you are absent from the courtroom, your lack of communication delays everyone.

Pre-Trial Practice and Management Issues

Motion Practice

• When you file a pleading electronically, please email copy to division e-mail CVJ12@JBAZMC.maricopa.gov. This effort provides my Division with notice of the filing, which might otherwise take days to reach the Office, given internal processing delays. Alternatively, if you e-file a document within twenty-four (24) hours of a proceeding, please deliver a courtesy copy to the courtroom. Chances are the Court is not aware of your filing, therefore has not reviewed the material.  
• If e-filing anything under seal, or information requiring in-camera inspection, a copy should be delivered to my Division or it may not be accessible.  
• (Criminal Cases Only) When filing a notice of filing letters at the time of sentencing. It is common for my Division to receive the notice, but not the attached letters. Alternatively, if you e-file a notice of filing letters close to sentencing, please deliver a courtesy copy to the courtroom.  
 
The Court uses Case Center (AKA "Case Lines") for all exhibits. Plaintiff's exhibits will be marked "A" #, Defendant's marked "B" #. If multiple defendants are represented by multiple attorneys, please coordinate with each other regarding exhibits, example Defendant Adam will have B1 through B 20, Defendant Benjamin will have B 21 through B 40, etc. I you utilize less than the numbers assigned, submit a Marked Exhibit page for the unused numbers to permit co-defendant's numbering to commence on B 21. Example: Exhibits 1 through 17 are actual exhibits, 18-20 should Read Exhibit 18 Blank, Exhibit 19 Blank, Exhibit 20 Blank. Note that the "invitation" for Case Center will be released to the parties on the day of the final trial management conference.

Other Pre-trial Practice Guidelines or Comments

 
All Motions in Limine will be addressed at the Final Trial Management conference. At the trial setting conference, please advise the Court how many motions in limine you anticipate so that the Court can allot appropriate time to address all motions at the FTMC. Please carefully review the deadlines for filing motions in limine to give the Court ample opportunity to review prior to the FTMC.  
 
• Parties should provide the Court with a statement of the facts, outlining party positions, in advance of a settlement conference.  
 
• Settlement conferences are as informal as due process allows; for example, I generally sit at the counsel table, and not on the Bench, during these discussions. We utilize the courtroom and jury room for discussions. If the parties are able to reach an agreement, an agreement summary will be placed on the record and one party will be designated to prepare the settlement agreement for submission to the Court upon signing.  
 
With regards to requests for "expedited" consideration, absent extraordinary circumstances, the Court will adhere to the Rules regarding response and reply deadlines.  
 
Trial time (excluding jury selection) is divided equally between the parties. The parties are responsible for noting their usage of time. The Court may provide an estimate of how much time has been used. However, the court's calculation is merely an estimate to keep the case flowing. If a party believes that the opposing side's time has expired, they must bring it to the Court's attention otherwise they forfeit their own time.  
 
ALL Oral Arguments on Motions for Summary Judgment and Motions to Dismiss, except when the presentation of evidence is necessary, are virtual.  
 
FTMC's can be virtual or in person dependent on the nature of the case.  
 
 
 
 
 
 
 

Trial Practice and Protocol

Trial Schedule

• It is my goal to complete jury selection within one afternoon, to prevent calling the jury pool back to the courthouse the next day. As a result, I may work past 4:30pm, to accomplish this goal. However, during trial days, I will stop the proceeding at 4:30pm. Juror time is valuable, thus the panel should be permitted to resume their busy lives by 5pm.

Joint Pre-Trial Memo and/or Conference; Exhibits and Objections

• Joint Pretrial Statement must be provided no later than two weeks prior to the Final Trial Management Conference, and include a summary of facts to be read to the jury.  
 
• Please stand when making objections before the Court; speaking objections will not be recognized.  
 
• As the neutral party, I prefer to read stipulations agreed to by the parties to the jury. Counsel should provide the Court with written stipulations that the parties wish to be read to the jury. The parties may advise when these stipulations can be read, i.e., before the presentation of evidence, after all witnesses have testified, etc.  
 

Jury Selection

• A jury is selected via the struck process, not via the strike and replace method. Counsel is permitted to conduct voir dire once the Court is done with its general voir dire. The Court will take appropraite bench conferences to address individual juror responses to help expedite the jury selection process.  
 
• Please notify the Court at the trial setting conference if you want of utilize jury questionnaires. Additional court hearings will be necessary to accomplish the tasks involved in jury questionaires. Because questionnaires tend to take longer than in court voir dire, this tool will be ermitted on a limited basis. A copy of your proposed questionaire should be provided to the Court two weeks before the final trial management conference.  
 
• Counsel should provide the Court with proposed jury instructions prior to the FTMC. The Court will provide counsel with a draft version of instructions before the jury selection. If an instruction is not a RAJI, the proposed instruction must be accompanied by case citation supporting the instruction requested.  
 
• Defense counsel must give the court reporter a copy of the jury biographies after jury selection, while the Plaintiff counsel must give the same to the court clerk.  
 
Proposed verdict forms are required to be provided to the Court Five (5) business days before trial. They will be discussed and provided to the clerk once approved. The clerk of the court prepares the verdict forms.

Trial Practice and Procedure

• When a juror raises a question during trial, a side bar discussion will be held with counsel to discuss the question, and to state objections. Counsel will be permitted to ask narrowly tailored follow up questions thereafter; this is not an opportunity for counsel to reopen their case.  
 
The parties are responsible for keeping track of the time they use at trial. Should a party believe the other party is out of time or running out of time, it is incumbent upon that party to alert the court in a timely fashion.  
 
The Courtroom has newly installed equipment. It is incumbent upon the attorneys to understand the courtroom technology. They may make an appointment with the courtroom assistant for instruction on the courtroom technology.  
 

Courtroom Etiquette

• Counsel is expected to be courteous to all parties, court staff, and the Court at all times. This is especially true when other matters are taking place in the courtroom, which warrant the Court’s full attention.  
 
• Cell phones must be turned off, or set to silence in the courtroom. A ringing, or vibrating phone is a distraction to everyone.  
 
• Parties must speak slowly and clearly to the Court, enabling the court reporter to make a proper record. This is especially true if you are appearing for someone else. Please state their name, and your name, so both names may be captured on record.  
 
• Counsel may move about the courtroom when presenting, including accessing the courtroom’s new podium, so long as care is given to court reporter's ability to hear. If the proceeding is only being electronically recorded, please be cognizant of the location of the courtroom microphones to make a proper record.  
 
• Attorney/client interactions are best kept to the attorney/client room.  
 
• A record will be made of all Bench conferences during trial. Counsel should inform the Court if they want to make a record, or not, during other conferences with the Bench.