Protocol and Practice of Persons Appearing in the Court of Judge Cynthia Bailey
Specific Comments or Advice for Litigants
Specific Requirements or Preferences
All parties should practice professional courtesy. If counsel will to be late to a proceeding, please email the Court's JA or Bailiff with an anticipated arrival time. at 602-506-5121 Please check- in with the courtroom's Bailiff when you arrive.Pre-Trial Practice and Management Issues
Motion Practice
• If counsel e-files a motion within 48 hours of a proceeding, or requests a matter be expedited, a hard copy of the motion should be filed. Because of internal processing delays, the division may not receive the filing prior to the proceeding.• Counsel must request an oral argument, an evidentiary hearing, or both, in the caption of a pleading.
Other Pre-trial Practice Guidelines or Comments
Trial Practice and Protocol
Trial Schedule
• Trials are typically scheduled between 9:00am-4:30pm, Monday-Thursday. Fridays are reserved for other matters.• If a party needs any accommodation (e.g. an interpreter, hearing assistance device), please notify the Court well in advance of the proceeding.
Joint Pre-Trial Memo and/or Conference; Exhibits and Objections
• A Joint Pretrial Statement is required at the Final Trial Management Conference.• Counsel are required to confer on exhibits in advance of a proceeding, ensuring duplicate exhibits are not presented to the Court. Counsel must submit exhibits to the Court Clerk for marking purposes as soon as possible after the trial assignment is made. Marking exhibits during a trial is distracting to the Clerk and is discouraged.
• Speaking objections, in front of the jury, are prohibited. Objections should include a succinct evidentiary citation. If more information is needed, the Court will conference with counsel at the bench.
Jury Selection
• The Court uses the struck method to select the jury.• Counsel must submit purposed voir dire questions in writing, in advance of jury selection.
• Counsel may do brief individual follow-up questioning after the conclusion of the Court's questioning.
Trial Practice and Procedure
• Prior to trial, counsel may schedule time to familiarize themselves with the courtroom technology. To prevent a proceeding from being delayed by technical difficulties, counsel should have a back-up plan for presentation of evidence. If a PowerPoint presentation is used in an opening statement, a copy must be provided to opposing counsel for review and objection within 24 hours of the trial. Additionally, a hard copy of the PowerPoint must be given to the Court's Clerk for the record.• If counsel is providing the jury with a transcript or other summary material during trial, please provide a copy to the Court.