Judicial Profile

Pre-Trial Practice and Management Issues

Motion Practice

• Copies of pleadings are necessary; original copies must be filed with the Court and additional copies must be given to the opposing party and probation. Copies may be mailed, dropped off or faxed into 602-372-8650. E-filing materials do not get the motion(s) to my Office and results in delays.  
 
• Parties are encouraged to discuss the case, and any motions to be made, prior to the case being called. When filing motions, the movant should obtain the position of the opposing party, before submitting the motion. When parties are equally informed, delays are avoided. Additionally, any certifications, financial receipts, or proof that probation terms have been completed should be attached to motions.  
 
• Oral arguments will be set if specific reasoning is offered and one is needed. Standard issues, normally addressed on paper, will not be scheduled for oral argument.  
 
• Counsel is discouraged from refilling motions that were previously denied without change in circumstance.

Discovery or Disclosure Disputes and/or Sanctions

• Standard rules of procedure regarding discovery and disclosure are followed.

Other Pre-trial Practice Guidelines or Comments

• Requests for Preliminary Hearings must be made in writing.  
 
• Standard fill-in forms are available in the courtroom or the Maricopa County Attorney’s Office. The person making the motion should provide an original copy to the Court, and copies to the other party, prior to the case being called. Copies may be made in Suite 2B.  
 
• Rulings regarding motions to modify release conditions will not be made until compliance with victim rights are demonstrated.

Trial Practice and Protocol

Trial Schedule

• The Southeast Court operates from 8:30am, until 5:00pm, with a lunch break between 12:00pm, and 1:30pm.  
 
• Witness Preliminary Hearings are held at 1:30pm, however; check in for out-of-custody defendants begins at 10:00am, unless permission has been granted to arrive later.  
 
• Resolution Hearings are held at 10:00am on the date set.  
 
• All other hearings are held at 8:30am.  
 
• Attorneys should make arrangements to speak with the Maricopa County Attorney’s Office in Suite 1375, prior to court, in an effort to pick up discovery materials and plea offers.  
 
• In light of high volume caseloads, hearings are limited in time, unless the Court specifically grants a longer scheduled hearing in advance.  
 
• The Court will try to accommodate the needs of all of the parties if advanced noticed is received. For example, the Court will work with counsel on scheduling if advanced notice is given of simultaneously scheduled court hearings in other courts.  
 
• The defendant must appear in person for initial proceedings and for all subsequent court hearings per Arizona Rules of Civil Procedure. Failures to appear as required in a timely fashion could result in a warrant being issued for the defendant’s arrest.

Courtroom Etiquette

• Outside beverages are permitted for counsel only because Court may be an all day long process. Personal electronics are permitted among counsel if muted. Attorney’s must step out of the courtroom to hold a conversation, but may text inside. Personal reading material may be accessed by counsel during breaks and not during proceedings.  
 
• Attorney use of the microphone at the podium in the courtroom is encouraged given the demands of the FTR audio and video recording system.  
 
• Attorneys are encouraged to contact the Judicial Assistant for scheduling issues and to inquire about the status of motions. Ex parte arguments are not permitted and any contact should be disclosed to the opposing party.  
 
• Counsel may request a Bench Conference and the Court will try to accommodate such if needed.  
 
• Attorneys are reminded to be cordial with one another.  
 
• Attorneys should encourage their clients to be fingerprinted as required in the summons they receive before the scheduled hearing. Clients should be reminded to dress appropriately for Court and to bring relevant records or paperwork. Clients should be required to check into Suite 1375 each morning and to attend group advisement. Attorneys should meet and confer with clients outside of the courtroom prior to their case being called. Clients must check in with Pretrial Services after each hearing, if applicable. Clients must report to Adult Probation as directed for any presentence report interview and follow all release conditions, with particular emphasis on obtaining permission for out-of-state travel and adhering to no contact orders with victims, including victim relatives.