Protocol and Practice of Persons Appearing in the Court of Judge Daniel Kiley
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Specific Comments or Advice for LitigantsSpecific Requirements or Preferences The Division’s Judicial Assistant is Rolena Gomez. Her number is (602) 372-3839 and her email is firstname.lastname@example.org.
The Division’s Bailiff is Kyle Cummings. His number is (602) 372-3838 and his email is email@example.com.
Pre-Trial Practice and Management IssuesMotion Practice If you file more than one substantive motion or motion in limine, please number them serially. For example, the plaintiff’s first motion for summary judgment would be marked, Plaintiff’s Motion for Summary Judgment #1. The response to this Motion for Summary Judgment would be marked Defendant’s Response to Plaintiff’s Motion for Summary Judgment #1.
Motions in limine and responses thereto should not exceed three pages. No reply is permitted. Each motion in limine should address only one topic.
Motions in limine should also be numbered.
Motions to strike the other party’s motions are strongly discouraged.
Filings exceeding the page limit will not be accepted without leave of court. Before moving to extend the page limit, please be sure to have made every effort to meet the page limit through aggressive editing. I will consider motions to extend the page limit, however, when an adequate explanation is provided.
Forms of Order: Please submit all forms of order in WORD format.
Delivery of Motions with Exhibits: If you file a motion that contains exhibits and the totality of the exhibits exceeds 25 pages, please mail or hand-deliver a hard copy of the motion with an index of the tabbed exhibits to this Divisions Judicial Assistant.
Counsel should be aware that it can take upwards of 48 hours for efilings to be transferred to the Division.
I schedule Oral Argument only if I think it will be helpful. Otherwise, I will rule based on the parties written submissions. See Ariz.R.Civ.P. 7.1(c)(2).
I set time limits for Oral Arguments and I hold the parties to those time limits. I read all filings prior to Oral Argument, so, in your oral presentation, do not simply repeat what you have already put in your filings. I generally ask questions during Oral Argument. Time spent answering my questions does not extend your argument time. Discovery or Disclosure Disputes and/or Sanctions Scheduling orders and extensions: I am generally liberal in granting extensions of pretrial deadlines. However, I will be looking for specific reasons for any requested extensions, and will set a status conference if I need more information or if I am concerned about the number of extensions or the length of any requested extension.
Written discovery and Rule 26.1: It is improper to assert boilerplate objections to discovery requests when it is clear that some do not apply. With respect to interrogatories and requests for production, if a party objects to a request as overly broad, I expect the party to respond and produce any documents that the party would have produced had the request been more narrowly drawn.
No written motion to compel discovery may be filed unless the parties first follow the procedure set forth in Rule 26(d) of the Rules of Civil Procedure. A party seeking to raise a discovery issue with the Court should contact this Division’s Judicial Assistant at (602) 372-3839 to request a telephonic hearing.
Trial Practice and ProtocolTrial Schedule Trials are generally held Mondays through Thursdays from 9:30 a.m. until noon and 1:30 p.m. to 4:30 p.m.
I rely on counsels time estimates in determining the length of trial. If I impose a specific time limit for each party's trial presentation, each party is responsible for keeping track of its own time.
Make certain that you have submitted a stipulated short summary of the case prior to trial, so that I can read it to the jury at the beginning of jury selection.
Counsel are welcome to submit written questions for voir dire, which I may ask in addition to standard voir dire questions.
During jury selection, I initially voir dire the entire panel, and then allow the attorneys some time to question the jury. Absent unusual circumstances, I do not use jury questionnaires.
The attorneys should not need more than twenty minutes to exercise their peremptory strikes. If we haven’t completed jury selection before lunch on the first day of trial, you should anticipate exercising your strikes over the lunch break.
During court proceedings, except when questioning witnesses and addressing the jury, the lawyers should address all comments to me and not to opposing counsel, opposing parties, or court staff
Do not interrupt opposing counsel when he/she is speaking, and do not interrupt me when I am speaking.
Counsel may question witnesses from the podium or counsel table. You should ask permission to approach a witness before doing so.
When objecting, state the legal basis for the objection without argument. Speaking objections are not appropriate. I will invite further explanation if I find it necessary.
Lawyers are encouraged to allow the alternate juror to deliberate.
The courtroom includes an Elmo, numerous screens, and ports allowing the use of laptop computers. You are free to use them. If you have any doubt about your ability to use the equipment, make an appointment with court staff to visit the courtroom to try it out before you have to do it in front of a jury. Other Courtroom Policies and Recommendations I expect attorneys and litigants to treat everyone in the courtroom, including court staff, with respect.
No food or beverages other than water are allowed in the courtroom.
I try to make myself as accessible to the parties as possible. Attorneys may contact my judicial assistant if a problem arises that I would likely be able to address through a brief status conference.
If you have a question that is not answered on this site, please feel free to call my division and ask.