Protocol and Practice of Persons Appearing in the Court of Commissioner Harriet Bernick
Specific Comments or Advice for Litigants
Specific Requirements or Preferences
(1) Be prepared.(2) Be prompt.
(3) Be polite.
Pre-Trial Practice and Management Issues
Motion Practice
• E-file all pleadings and if you are filing the documents within 24 hours of the hearing, please email the judicial assistant a copy of the documents you filed.• Provide a proposed order, when applicable, in WORD format. Do not use the heading "proposed" in your order. Do not use strikethrough format for the Orders - they should be in final format.
• Please provide the position of all parties in your Motion. If you could not get ahold of a party please indicate how many times you tried to reach them and the dates and times of the contact and the method used for the contact.
Other Pre-trial Practice Guidelines or Comments
• If you are filing a Motion and requesting expedited consideration, please include that information in the heading of your Motion. In addition, communicate with the other side and place their position in your Motion.• If you need a continuance, contact the other party to see if you can file a Stipulation.
• It is expected that the parties will participate in some form of alternative dispute resolution prior to the court scheduling trial.
Trial Practice and Protocol
Trial Schedule
• Each side will have 1/2 the time allotted for trial. If a trial is scheduled for 3 hours, we will take a short break approximately 1/2 way through the trial.Joint Pre-Trial Memo and/or Conference; Exhibits and Objections
• Prior to submitting any exhibits, the parties are required to bate stamp their records. The Plaintiff is to use numbers 1-499, and the Defendant should use the numbers 500-1000.• After the exhibits are bates stamped, Parties should submit their exhibits according to the instructions on the Clerk of Court website at clerkofcourt.maricopa.gov.
• Please provide four (4) copies of the exhibits in person to the Judicial Assistant at least 24 hours prior to the start of the trial/hearing
• Please confer with the opposing party regarding stipulating to exhibits prior to the trial.
• Any objections to exhibits will be ruled upon at the time of trial when the exhibit is being offered.
Trial Practice and Procedure
• Please make sure every effort is made for parties and witnesses to appear via video during the hearing and not just by phone.• Make sure your device is on mute when you are not speaking.
• If you have an objection, state the basic reason for the objection. For example: relevance, foundation, lack of disclosure, etc. Speaking objections are highly discouraged.
• The Court will not accept personal electronics (e.g. cell phone, digital cameras, or personal computers) into evidence. Anything that is captured on a personal electronic device must be printed in hard copy and submitted to the Court as an exhibit or four copies must be made and saved to a thumb drive.
Courtroom Etiquette
• Please try to be in a quiet place when appearing virtually and make sure your device is muted when you are not speaking.• Please turn your camera on only when your case is called so the court can see you.
• Please make sure your microphone and camera are working properly prior to the hearing.
• Please let the court know ahead of the hearing if you are having technical difficulties and cannot appear virtually with your camera on.
• Everyone will get a chance to be heard; the party who has the burden of proof will go first.
• If you are in a car during the hearing, please pull over and park your car. The court will not conduct the hearing if you are driving. It is not safe.
• The court may have to reset the hearing if your equipment is not working properly especially if it is an evidentiary hearing.
• For video hearing, counsel are strongly urged to appear by video. Court hearings work better when the court and counsel can see each other.
• Please keep in mind that everything is being recorded including the time period between hearings.
• Everyone is expected to be respectful and professional to staff members, parties, witnesses and opposing counsel. Please wait for the party who is talking to finish talking before you begin speaking.
Other Courtroom Policies and Recommendations
• For the 15-minute hearings, please try to be as brief as possible when it is your turn to address the court so there will be enough time for everyone to have an opportunity to be heard.• If another hearing is being heard, please wait your turn and remain quiet until your matter is being called. If you want to get the attention of court staff to let them know you are present, please use the chat function and identify yourself so the hearing is not interrupted.
• The "FTR" audio recording system is used in every hearing.
• If you have any questions, please do not hesitate to reach out by email to JUC09@jbazmc.maricopa.gov or call 602-372-0778. Please wait 24 hours before emailing judicial staff a second time unless there is an emergency.
• If you are having trouble logging into TEAMS, please call my staff or call this number: +1 (917) 781-4590. Participant Code: 248 804 623#.
• Please list your name when you enter the Teams so the Court will know who is calling and will know that all parties are present, and she can begin the hearing.
• If counsel is going to be late to a hearing because they are held up in another matter, please send my staff an email letting us know this.
• Please have all important documents handy in case the court needs to ask you them at the hearing.