Protocol and Practice of Persons Appearing in the Court of Judge Brad Astrowsky
Specific Comments or Advice for Litigants
Specific Requirements or Preferences
The Court understands that when a party doesn't have an attorney that the entire Court process can seem overwhelming and confusing. Therefore, the Court will do its best to explain the Court process and answer any questions you may have. The Court will also give you time to ask your questions. Please note, however, neither the Court nor Court staff can give legal advice.Court procedural rules and the law apply equally to parties represented by attorneys and parties who represent themselves. Therefore, it is best for parties to familiarize themselves with the Arizona Rules of Family Law Procedure.
The Court has information on its website to assist you. In addition, people are encouraged to visit the Law Library Resource Center located on the first floor of the East Court Building where parties may obtain information and assistance with the Court process. For more information use this link: https://superiorcourt.maricopa.gov/departments/superior-court/family/
Parties are able to call (602-372-2048) or e-mail this Division at DRJ29@jbazmc.maricopa.gov with questions concerning the status of their case or Court orders.
Also note that we understand and appreciate that your case involves personal issues that often are emotionally difficult. Nevertheless, we still expect you to be courteous to Court staff. Court staff are an extension of the Court, so please treat them in the same way that you would treat the Judge in the courtroom.
When you e-file something it does not immediately get directed to the Court. There may be up to a one-week delay. Therefore, if you want the Court to address your filing sooner, kindly e-mail a copy of your filing to the Court's judicial assistant at the e-mail address listed above.
With the parties' permission, the Court is always willing and able to work with the parties in an effort to reach a pre-trial agreement. Family Department matters are very emotional and very personal to the parties. Court orders often have a significant impact on the parties, the children, and even the families of the parties. The Court believes that people are almost always happier in the long run if they have had some authorship over the orders that address their children and/or financial issues. The parties lose that authorship when they have a trial. Furthermore, it is the Court's experience that co-parenting and moving on after a contested trial in which the parties attacked each other is very difficult. While the Court is here and available to resolve your disputes after a trial, the Court is also more than happy to assist the parties reach a mutually beneficial pre-trial resolution.
Pre-Trial Practice and Management Issues
Motion Practice
If you hand-file a motion, make sure the Court receives a conformed copy. Otherwise, we may not know that you have filed a motion, which will contribute to a delay in ruling on your motion. Please place a conformed copy of your motion in the Division’s mailbox or email a conformed copy to the Division.Motions, responses, and related pleadings shall comply with the page length and other requirements of the Rules. If an extension of response or reply time is necessary, try to reach agreement among the parties, and submit a stipulation. If you file a motion for leave to exceed the page length, you will need to provide specific reasons. A generic statement that you need more pages may result in denial of your motion.
The Division requires that all motions, responses, replies, and other Court requested filings in this case must be submitted individually. Do not combine any motion with your response to the other part's motion. All motions are to be filed separately.
ALL motions or stipulations shall be filed with proposed orders. If a proposed order is applicable to the motion, and it is not submitted with the motion, the Court reserves the right to reject your motion until it is accompanied by a proposed form of order.
Scheduling Hearings: The Court requires a written motion or stipulation to schedule, reschedule, or vacate hearings. The Court will not schedule, reschedule, or vacate hearings without the filing of a motion. In regard to any substantive evidentiary hearings or oral arguments that are not set during a hearing, the Court will set a virtual status conference in order to schedule a date and time for the substantive hearing.
Oral Argument: If the Court believes that oral argument may assist in making a decision, the Court will schedule one. The Court sets oral arguments for a specific period of time, and the parties will usually receive equal time within that period.
Discovery or Disclosure Disputes and/or Sanctions
Meet and Confer: Counsel must try in good faith to resolve discovery disputes before bringing it to the Court, pursuant to Rule 9(c). It is not enough to say you tried; the Court takes very seriously your duty to meet and confer and will expect you to demonstrate that you have done so.Dispute Resolution: If the parties want to expedite the discovery dispute, they may file a Joint Statement of Discovery Dispute pursuant to Rule 26(d) of the Arizona Rules of Civil Procedure. The Court strongly encourages the parties to follow this procedure. Otherwise, the dispute must commence with a Motion to Compel, or other appropriate discovery or disclosure motion. The Court will not set a discovery dispute hearing based on a telephonic or email request.
Deposition Disputes: The Court generally does not accept impromptu virtual hearings during depositions, although there may be exceptions. If the parties find it absolutely necessary to contact the Court during a deposition, the parties will first need to notify Court Staff of the dispute and email a brief summary of the dispute.
Other Pre-trial Practice Guidelines or Comments
The Court will set a Resolution Management Conference (RMC) in all cases, including after an Early Resolution Conferences (ERC) that does not result in a complete agreement on all issues between the parties.RMC, Pre-Hearing, and Pre-Trial Statements: RMC and Pre-Trial/Pre-Hearing Statements are required, because they are important to the Court. Your statements need to inform the Court of any prior settlements, the issues still in dispute, and the current positions being taken by the parties.
Know the Applicable Factors for your Case: The Court must consider statutory factors to support its findings. It is vitally important, especially for unrepresented litigants, to read the statutes, so that they will know what they should present during a trial. These statutes list the factors for the Court to consider in determining decision-making and parenting time (A.R.S. Sec. 25-403); spousal maintenance (A.R.S. Sec. 25-319); child support (A.R.S. Sec. 25-320); temporary orders (A.R.S. Sec. 25-404 & ARFLP Rule 47, (Arizona Rules of Family Law Procedure); and ARFLP Rule 91 (modification or enforcement of a judgment).
The Court prefers a party's trial or evidentiary hearing presentation to follow the applicable statutory factors in the order they appear in the statute.
Video-conference Hearings: Pursuant to Rule 8(b), the Court conducts virtual hearings through Court Connect (Microsoft Teams) on RMCs, Status Conferences, and Oral Arguments unless there is a valid objection. The Court conduct Trials, Evidentiary Hearings and Temporary Orders Hearings in-person but will also conduct hearings through Court Connect depending on the circumstances and requests of the parties.
The Court's Microsoft Teams link to join Court Connect, the Court's video-conferencing platform, is: https://tinyurl.com/jbazmc-drj29. If you experience technical issues, you may join by phone by dialing this number:
United States: +1 (917) 781-4590; Conference ID / Access Code: 308 635 88#.
THE COURT EXPECTS ALL ATTORNEYS AND PARTIES TO APPEAR BOTH VIA VIDEO AND AUDIO CONNECTIONS.
Trials and Evidentiary Hearings: Rule 8(c), (d), (e), and (f) will apply.
Hybrid Hearings: The Court has the capability of conducting a "hybrid" hearing, such that some participants can in the courtroom be, and others can be participating virtually. The parties will need to comply with Rule 8(c) and (d) to effectuate such a request.
Settlement: The Court expects the parties to have attempted settlement prior to trial.
Mandatory Mediation: In all cases involving legal decision-making or parenting time, in which at least one side has an attorney; and in all post-decree petitions involving legal decision-making or parenting time in which both parties are unrepresented, the Court will not schedule a Trial or Evidentiary Hearing until the parties have participated in some form of mediation, pursuant to Rule 91(d), ARFLP. If at least one party is represented in a pre-decree petition, be advised that ADR will not schedule a settlement conference until all discovery is complete.
In a pre-decree petition, if both parties are unrepresented, they will participate in an Early Resolution Conference (ERC), which satisfies the mediation requirement.
In all cases, a further prerequisite to setting a Trial or Evidentiary Hearing is that all discovery shall be completed. Completion of discovery includes resolution of all discovery disputes.
If you settle your case, please notify the Court immediately and send Court Staff an email with your stipulated notice of settlement, so the Court can vacate any upcoming hearings.
Trial Time: Typically, when scheduling a Trial, the Court will defer to the parties concerning the amount of courtroom-time the parties require to adequately present their respective cases. The Court still reserves its discretion to set the amount of trial time. Generally, each side will be allotted half of the time to present their case.
The Court expects the parties to complete the trial within the time allotted. Generally, the Court will deny a request for additional trial time on the day of trial unless the parties have acted in good faith, made appropriate use of the time allotted, and still require additional time to fairly present evidence to the Court. If additional time is granted, the trial may likely be continued to a later date.
Trial Practice and Protocol
Trial Schedule
The Court conducts hearings, conferences, and trials between 9:00 a.m. and 12:00 p.m. and between 1:30 p.m. and 4:30 p.m.Each party will get an equal share of the trial/hearing time allotted minus time set aside for the Court to question witnesses. I will use an electronic timer to keep track of your time. I will gladly provide a time-check upon request; otherwise, the Court will provide a notice to the parties when they are close to using up their allotted time. You should not anticipate receiving additional time once trial begins; you should plan to ensure that your case is completed within your allocated time.
If an attorney, party, or witness require any accommodations, please advise the Court with as much advanced notice as possible prior to the scheduled trial or evidentiary hearing.
INFORMAL FAMILY LAW TRIALS: These are very effective for trials involving two self-represented parties. If both parties consent, the Court will direct the trial procedure, question the parties, and permit the parties to tell the Court whatever relevant information they believe is important for the Court to make a decision. The Court will talk to the parties about this prior to trial to determine if the parties wish to consent to this type of trial. For more information, please read Arizona Supreme Court Administrative Order No. 2022-159.
Joint Pre-Trial Memo and/or Conference; Exhibits and Objections
Objections for Untimely or Non-Disclosure: In the event evidence or testimony is objected to on the basis of non-disclosure or untimely disclosure, the parties must be prepared to demonstrate compliance or non-compliance with Rule 26.1. This is usually done by showing disclosure statements, emails, or any other relevant documents. The parties must have them available in the courtroom. A party defending against a disclosure challenge must be prepared to immediately show the Court where and when that party disclosed the relevant subject matter. If a party asserts that the disclosure came in a deposition, then that party must be prepared to point to the relevant portion of the deposition. The Court may overrule an objection for untimely disclosure or non-disclosure if no documentary evidence is provided. The Court may sanction a party that makes unfounded disclosure objections as well.Exhibits: All exhibits must be submitted through Case Center (formally CaseLines). Each party must register with Case Center at: digitalevidence.azcourts.gov. The site has links to training resources that will guide you through uploading exhibits and navigating Case Center. The courtroom clerk will email each party (or attorney of record) a case-specific link that the party will use to upload exhibits.
Jury Selection
During jury selection, I will ask basic voir dire questions and usually let the attorneys to ask supplemental do the voir dire. In general, you should submit questions related to jury selection to the Court for approval.In most cases, jury questionnaires and mini-openings are not necessary. However, in a complex case or a case with controversial facts, it may be necessary. The attorneys should discuss these issues with me no later than the Final Trial Management Conference if they want to use these.
I do not use the strike and replace method of jury selection; the whole panel of prospective jurors generally will participate in jury selection.
I will not encourage or force the parties to permit the entire seated jury to participate in deliberations, i.e. I will select by lot and excuse the alternate juror(s). If the parties stipulate to more than eight jurors to participate in deliberation, I will always accept such a stipulation. Please note that such stipulation must include the number of jurors required for a verdict.
If issues develop during trial that require the Court's attention, please advise the Court of same as soon as possible. The Court will then schedule the parties to meet with the Court prior to the start of trial so we do not unnecessarily keep the jurors waiting.
The Court prefers to receive proposed jury instructions and verdict forms in Word format. These may be directly e-mailed to the Court. In this way, the Court is more easily and quickly able to make modifications prior to printing same for the jurors.
Trial Practice and Procedure
Please make sure that you set-up and test any technology you wish to use during trial. The Court encourages parties to schedule a time to meet with Court staff in the courtroom in advance of the trial in order to test your electronic equipment.Objections to questions should simply include the legal basis for the objection, e.g. "Objection, foundation." The Court will then, if necessary, ask for further clarification or argument. Kindly avoid speaking objections. Also, please do not respond to an objection before the Court rules on same or requests a response. Cross-talk between the parties is not permitted.
Admission of Exhibits: The Court will not grant blanket admission of all exhibits, even if you stipulate to their admission. You will need to separately offer any exhibits that are relevant to your case. This is important to remember, so you can include this factor when you are budgeting your time.
If the Court admits lengthier exhibits, such as bank statements, medical records, etc., the Court will only consider those specific portions of the exhibits that you reference during the hearing or trial. The Court will not review the entire exhibit to try to locate a relevant portion. You will have to tell the Court where you want it to look. This applies equally to depositions that have been submitted but not filed as exhibits. The Court will only consider those portions of a deposition to which the party has specifically referred during the trial or hearing. This requirement is supported by Best Choice Fund, LLC v. Low & Childers, P.C., 228 Ariz. 502, 508 n.3 (App. 2011). The trial court should not be required "to perform counsel's work by searching the record to attempt to discover facts which establish or defeat [the party's position] ... These are tasks which must be left to counsel.” Mast v. Standard Oil Co., 140 Ariz. 1, 2 (1984).
Redirect Examination of a Witness: Pursuant to Rule 611(a) of the Rules of Evidence, the Court limits redirect examination of a witness to issues that were raised during cross-examination of that witness.
Courtroom Etiquette
The Court will treat everyone that comes into the courtroom with dignity and respect. The Court expects the same from everyone who enters the courtroom.Therefore, please do not interrupt the other side (except for objections) when the other side is speaking. The Court will give you an opportunity to respond, if required, and provide the Court with your perspective. Also, please direct your comments to the Court. Do not respond directly to the other party or counsel - unless specifically directed to do so by the Court.
In addition, gratuitous non-verbal communication is extremely disruptive, not appreciated by the Court, and may negatively reflect upon your demeanor and credibility.
Cell phones should be silenced in the courtroom.
Appropriate attire is expected.
Litigants and attorneys may have covered beverages at counsel tables during hearings.
Attorneys and litigants are expected to conduct themselves in a professional manner when dealing with all court staff, be it by phone, email, in person or otherwise. Neither conversations with judicial staff nor the courtroom are places for the parties and/or their attorneys to launch personal attacks on each other. Be courteous to one another. If there is something you really want the Court to hear, wait your turn. Don't talk over each other. I can only hear one person at a time. Please address all comments to me and not the opposing parties and attorneys.
Other Courtroom Policies and Recommendations
Each Court hearing is video and audio recorded by the Court. Parties, guests, witnesses, or other members of the public are prohibited from recording the Court hearings or from taking pictures in the courtroom - or courthouse. Exceptions are made, generally for the media, with advance notice and permission of the Court, in compliance with the Supreme Court Rules.Anyone who records or photographs court hearings without prior approval of the Court may be subject to involvement with Court security and contempt proceedings.
The Arizona Judicial Branch has a Family Law Information website, https://www.azcourts.gov/familylaw, with links to the Arizona Revised Statutes and the Arizona Rules of Family Law Procedure (ARFLP), which govern these proceedings (“Authorities” section). The Law Library Resource Center (LLRC) also provides training classes and has detailed instruction packets available online at https://superiorcourt.maricopa.gov/llrc/family-court-forms/.
Hearings are time-certain, i.e. expect them to begin at the time noticed by the Court. The Court does not run a "calendar call." The Court will proceed without a party if the party is not present at the time the Court calls the matter.
If you have agreed to extend deadlines for filing a response or reply, please notify the court so that the court does not rule on the motion thinking that no response or reply will be filed.
If you settled a case that has pending motions or has an upcoming oral argument or evidentiary hearing, please notify the court as soon as possible.
VIDEO-CONFERENCE HEARINGS ARE STILL COURT HEARINGS. They are done for the convenience of the parties and to lower the costs and fees for the parties. HOWEVER, PLEASE NOTE THAT SUCH HEARINGS SHOULD BE TREATED LIKE ANY IN-PERSON COURT HEARING. THEREFORE, THE COURT EXPECTS ALL PARTIES AND COUNSEL TO COMPORT THEMSELVES BOTH IN BEHAVIOR AND IN MANNER OF DRESS AS THEY WOULD FOR ANY IN-PERSON COURT HEARING. ANY PARTY THAT VIOLATES THIS DIRECTIVE MAY RESULT IN A COURT MANDATE THAT ALL HEARINGS IN THEIR CASE SHALL BE IN-PERSON FROM THE DATE OF VIOLATION FORWARD. FURTHERMORE, THE COURT RESERVED THE RIGHT TO RESCHEDULE ANY HEARING OR TO REMOVE ANY PARTY FROM A VIDEO-CONFERENCE HEARING IS SUCH PERSON ENGAGES IN DISRUPTIVE AND OTHERWISE CONTEMPTUOUS BEHAVIOR.
NOTE: THE RECORDING OF A REMOTE HEARING WITHOUT THE PRIOR ORDER OF THE COURT VIOLATES ARIZONA SUPREME COURT RULES 122, 122.1, AND 123. A VIOLATION OF THESE RULES MAY RESULT IN A FINDING OF CONTEMPT.