Judicial Profile

Specific Comments or Advice for Litigants

Specific Requirements or Preferences

General  
 
Welcome, I am Judge David W. Garbarino, currently assigned to a Division of the Family Department of the Arizona Superior Court, Maricopa County. We are located in the Northwest Regional Center, 14264 W Tierra Buena Ln., Surprise, AZ 85374. My Division’s phone number is 602.372.3048, and the Division’s email address is nwj03@jbazmc.maricopa.gov.  
 
The Division’s Judicial Assistant Madyson Hunt.  
 
The Division’s Courtroom Assistant Melquisedec ("Mel") Araiza.  
 
If you need to communicate with us, please use the email address nwj03@jbazmc.maricopa.gov. For any written communication, including an email, you must copy all other counsel or unrepresented parties on any written communication to the Division. Written communications that do not comply with this requirement will not be acted upon until all attorneys and/or litigants are copied. Please do not attempt to contact me directly, even if you copy other counsel on the email.  
 
Everyone that contacts our Division shall be treated, and shall treat each other, with dignity and respect. Please treat court staff professionally and with courtesy. I understand and appreciate that many cases involve personal issues that are often emotionally difficult and contentious for everyone involved. Nevertheless, parties and attorneys shall act professionally when interacting with the court, court staff, and with one another, whether in their writings or in discussions.  
 
Harassment based on race, sex, gender, religion, national origin, ethnicity, disability, age, sexual orientation, marital status, socioeconomic status, or affiliation is strictly prohibited and will not be tolerated.  
 
The Court has information on its website to assist you. That website is located at https://superiorcourt.maricopa.gov/.  
 
Self-Represented Litigants  
 
I understand that when a party represents him/herself without an attorney that the court process can seem overwhelming and confusing. I will do my best to explain the Court process and answer any questions you may have.  
 
You will have time to ask your questions. Please note, however, neither the Court nor court staff can give you or anyone else legal advice.  
 
The law and court rules apply equally to parties represented by attorneys and parties who represent themselves. I do not expect perfection from those who represent themselves. Nevertheless, it is best for parties to familiarize themselves with the law and rules applicable to a particular proceeding.  
 
Appearances  
 
For court appearances, please be on time. Counsel and parties should wear appropriate attire for both virtual and in-person appearances. For virtual appearances use an appropriate background. Appearances while driving will not be permitted. The wearing of hats and/or sunglasses is prohibited. Food is not permitted in the courtroom. Water is permitted in the courtroom.  
 
Cell phones and other personal electronics must be silenced during any proceeding. The taking of photographs in the courtroom or recording any proceeding whether in-person or virtual is strictly prohibited.  
 
Each court proceeding is video and/or audio recorded by the Court. Parties, guests, witnesses, or other members of the public are strictly prohibited from recording the Court hearings or from taking pictures in the courtroom. Exceptions are made, generally for the media, with advance notice and permission of the Court, in compliance with the Arizona Rules of the Supreme Court. Anyone who records or photographs court hearings without prior approval of the Court may be subject to involvement with court security and/or contempt proceedings.  
 
The courtroom is a public forum. Any member of the public is welcome to attend. Please remind anyone who accompanies you to Court that the rules of courtroom behavior apply to spectators as well as to the parties.  
 
If a party needs any accommodation (for example an interpreter or hearing assistance device), please notify the Court well in advance of the proceeding.

Pre-Trial Practice and Management Issues

Motion Practice

Generally  
 
Please double space your motions and avoid handwriting motions if possible. Check to make sure that what you are filing is in the proper format and seeks the proper relief (i.e., check the Arizona Rules of Family Law Procedure to make sure that what you are filing can be filed as a motion instead of a petition). Many of the forms you may need can be found on the Court's website located at https://superiorcourt.maricopa.gov/llrc/family-court-forms/  
 
Please do not combine two or more motions with a single filing. When requesting different forms of relief in a motion (not a petition), please file a separate and distinct motion to address each form of relief requested. For example, if you are requesting that the court grant leave to serve the opposing party by alternative means and you are asking the Court for a continuance, please file two separate motions: (1) a motion to serve the opposing party by alternative means and (2) a motion for a continuance. For petitions asking for changes to legal decision-making, parenting time, and/or child support orders, one petition for all forms of relief requested is acceptable. Similarly, petitions to enforce legal decision-making, parenting time, and/or child support orders only require a single filing. Do not, however, combine petitions for modification with petitions to enforce.  
 
Please always provide proposed orders for all motions and stipulations (not petitions unless requested). If you are filing a motion or stipulation in e-file, please lodge a proposed order separately in Word format with your filing. Orders submitted in e-file in PDF format or orders attached to the motion/stipulation cannot be modified and/or signed in e-file. Also, please complete proposed orders to fullest extent possible. For motions to continue the dates of schedule court proceedings, leave blanks for the new date and time.  
 
If expedited or emergency consideration is requested for any motion, the request should (1) state what has already been done to attempt to expedite the matter (personal consultation with opposing counsel, email service on opposing party, etc.) and (2) explain in detail why expedited or emergency consideration is appropriate and necessary. Further, simply filing papers with the Clerk of Court does not result in immediate delivery of those papers to the Division. If you are requesting expedited or emergency consideration, you need to deliver the papers to the Division at the time of filing by providing hardcopies to the Division in addition to those filed with the Clerk of Court or emailing a copy to the Division at the email address above. If you are emailing a copy, please also call the Division to alert us to the email.  
 
If you are filing a Motion for Temporary Orders Without Notice, a proposed order must be provided. Once the motion has been filed, please provide a hardcopy to the Division by personally delivering the motion or emailing a copy of the motion to the Division email. If email is used, please also call the Division to alert us to the motion. If you fail to provide either a hardcopy of the motion to the Division or fail to email the motion to the Division and call the Division, we may not know that the motion exists or has been filed for some time. Again, please also make sure you follow up with the Division either by phone or in person to make sure the Division is aware of your motion.  
 
The Court will not set an evidentiary hearing, oral argument, or conference unless requested, legally required, and/or needed for the Court to obtain additional information to make a decision.  
 
If a case involves spousal maintenance, child support, or a request for attorney's fees, please always file an Affidavit of Financial Information (“AFI”), and file an updated AFI if any information contained on your original AFI changes while the matter is pending.

Discovery or Disclosure Disputes and/or Sanctions

Please do not file written motions to compel and/or for sanctions at the outset of a discovery dispute. My preference is that you jointly request a status conference by contacting the Division. We will endeavor to fit you in within 1-2 weeks for a brief telephonic conference. Once the teleconference is set, please file a brief two-page statement describing the issues and each party's position. All issues will be discussed on the record, and I will attempt to resolve any issues without the need for additional briefing if possible. If the issues in dispute are legally novel, complex, or involve disputed material facts, I may still require you to submit briefing. I will also permit briefing if one or both parties believes it is needed to make a complete record. Nevertheless, the goal of the informal process at the outset is to allow early intervention and to assist you in resolving minor issues without the need for either party to incur substantial fees or costs associated with minor discovery issues.

Other Pre-trial Practice Guidelines or Comments

The rules require that you exchange any exhibits and witnesses with the other party 30 days before your trial. You must include what topics the witnesses are going to discuss, as well as contact information for them. Failure to disclose the witnesses or exhibits could lead to the Court not admitting the evidence you want me to look at or not allowing your witnesses to testify. The forms for disclosure are available here: https://superiorcourt.maricopa.gov/media/4489/drds10fz.pdf.  
 
At trial, be prepared to demonstrate to the Court when disclosure of any exhibit offered at trial was disclosed. If you cannot demonstrate timely disclosure, the exhibit may be precluded from being considered by the Court.

Trial Practice and Protocol

Trial Schedule

Hearings and trials will take place between the hours of 9:00 a.m. to noon and/or 1:30 to 4:30 p.m. Monday through Thursday.  
 
If a trial is set for three hours, each side will typically be allowed 75 minutes for each side to present evidence including direct and cross-examination of any witnesses that testifies. The Court also reserves time for breaks and for the Court to ask questions. At the end of the trial, if you have not moved to admit your exhibits the Courtroom Clerk will ask if he/she can destroy remaining exhibits which means the Court will never see them.  
 
I am willing to conduct hybrid hearings by allowing the parties and their lawyers to be present in the courtroom while witnesses appear via video on the TEAMS platform. Therefore, it is very important that your witnesses have any exhibits that you want them to testify about.  
 
If your presentation involves financial records or other data compilations, please ask for enough court time to walk through the key points during the hearing. If you want me to consider records, I will do so. However, summaries of exhibits are useful tools to educate the Court and save time, but you should be prepared to provide any records necessary to support any summaries.

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

Exhibits  
 
For self-represented litigants, exhibits must be submitted to the Court either in person to judicial staff or electronically using Case Center Digital Evidence. Attorneys must submit exhibits using Case Center Digital Evidence. More information about submitting exhibits can be found at https://www.clerkofcourt.maricopa.gov/services/exhibits-submission/case-center-exhibits.  
 
Pretrial Statements  
 
1. Submit a pretrial statement by timely filing it with the Clerk of Court.  
 
2. If the parties are represented, the Court expects both attorneys to work together to submit a single, joint pre-trial statement that sets forth uncontested facts, their relative positions on each contested issue, lists all witnesses, exhibits, and objections to exhibits.  
 
a. Please do not mark duplicative exhibits as it wastes your time and your client's money, because duplicates will not be admitted. Coordinating with each other by submitting a joint pre-trial statement will help you avoid the submission of unnecessary duplicate documents.  
 
b. If your trial involves disputes regarding spousal maintenance, legal decision-making, parenting time, or relocation, please make sure to identify the statutory factors relevant to each issue in the order set forth in the statutes. Note that it is tremendously helpful to the Court in considering the evidence presented as to each factor if you describe your evidence in the pre-trial statement and then present your case in a manner that tracks the relevant factors in the same order set forth in the applicable statutes.  
 
c. If you are litigating property and debt issues, please include a joint and complete list setting forth all property and debts at issue (whether contested or agreed upon). Please include the legal description for any real property listed as well as the values for each item of property or debt listed as of the service date. If an item's value or amount is contested, list each party's proposed value or amount.  
 
3. If you are representing yourself, go to the self-help resource center and you will find a form to use for your pre-trial statement. Make sure and fill it out completely and make sure and review the trial setting minute entry to ensure that you file all appropriate documents and submit exhibits correctly in advance of your trial date. Your failure to follow the rules may result in the exclusion of some of your evidence at trial.  
 
Exhibits:  
 
1. Stipulated admission of exhibits is encouraged, but not as a substitute for presenting the evidence to the witnesses and asking them to explain how it relates to the ultimate facts the Court is being asked to find. I will not allow parties to simply stipulate to all of the exhibits being admitted unless there are only a few. Otherwise, I need to ensure you explain the need for each exhibit.  
 
2. Although noted above, this bears repeating, PLEASE DO NOT SUBMIT DUPLICATIVE EXHIBITS, work with the other party to identify what you both wish to use and mark only one copy.  
Cut and paste the following link for reference to a sample joint pre-trial statement: https://docs.google.com/document/d/1s-0K_sVRe5hZSacxD9myBAdZF3f2Aa4fDk4QJSsq0tI/edit?usp=sharing  
 
Objections to Exhibits:  
 
An objection to an exhibit in a courtroom is a way to inform me that evidence presented by the other side should not be considered. Objections can be made based on several reasons, including:  
 
• Relevance: The exhibit is not directly related to the case or does not logically connect to the facts;  
 
• Hearsay: The exhibit contains an out-of-court statement that is being offered as truth of the statement;  
 
• Authentication: The exhibit has not been properly identified or verified as genuine;  
 
• Procedural: The exhibit was not properly noticed in advance.  
 
Objections based on your disagreement with the substance of information contained on an exhibit is not normally an appropriate objection. If you disagree with the substance of an exhibit, explain that disagreement with testimony or another exhibit, not an objection.  
 
Objections can be made at any time before the judge admits the evidence into the record. The judge will then decide whether to sustain or overrule the objection. If the objection is sustained, the evidence will not be considered, and if it is overruled, the evidence will be considered.  
 
Please note that if you engage in lengthy, speaking objections during another party’s case in chief to an excessive degree, I may deduct that time from you and not the other party.

Trial Practice and Procedure

If the parties have not invoked the strict rules of evidence, I will allow reliable hearsay, but I give it the weight it merits. If the parties want me to hear from the children, they should request a parenting conference or a child interview if the children are old enough and mature enough to provide such information.  
 
If you want to play a recording (video or audio) in the courtroom, the exhibit must be marked as an exhibit. The Court REQUIRES each audio/video clip to be on a separate flash drive ONLY if you are submitting physical copies of your exhibits. THESE MUST BE SUBMITTED FIVE COURT DAYS PRIOR TO YOUR TRIAL TO THE CLERK FOR MARKING. I will not hear recordings from your phone or computer. Remember, you can always submit video and audio recordings directly to Case Center Digital Evidence. This will allow you to play them from the courtroom computers.

Courtroom Etiquette

Please be courteous to court staff. Remember that they can be helpful to you. Please do not ask them for legal advice. They are not lawyers, and they cannot answer those questions.  
 
Please do not interrupt each other (except for objections). Gratuitous non-verbal communication is extremely disruptive and not appreciated. I will afford all parties an opportunity to respond and/or otherwise address the Court when appropriate.  
 
Please do not argue with the other party. Your comments should always be directed to the Court and not to one another while court is in session.  
 
Be on time: Arriving late is unprofessional and can be easily avoided by leaving early enough to account for traffic, parking, and checking in. If you're running late, call ahead let the court know when you'll arrive.  
 
Dress appropriately: Wear clothing that is appropriate for a casual business setting. Avoid shorts, sandals, sleeveless shirts, hats, bandanas, and sunglasses (unless they are medically necessary).  
 
Follow the rules: Turn off cell phones and other electronic devices that might go off in the middle of a hearing. If you need to use your cell phone or any other electronic device, step outside the courtroom and use the lobby. Do not bring food or drinks into the courtroom (bottled water is fine).  
 
If you are not a litigant but sitting in a court hearing: Do not address the judge or the litigants and their attorneys while court is in session. Side comments or conversations can be a distraction to the Court and the parties. If you become rude, loud, and/or hostile to anyone in the courtroom, you will be asked to leave the courtroom.