Protocol and Practice of Persons Appearing in the Court of Commissioner Gary Popham

Specific Comments or Advice for Litigants

Specific Requirements or Preferences

Evidentiary or contested hearings are presumptively in-person. If a party seeks to appear virtually, or request the entire hearing be conducted virtually, the party must file far enough in advance of the hearing a motion with the Court detailing the basis for the request so as to allow the opposing party an opportunity to respond. Absent an order granting a change to an ordered or noticed hearing, you may anticipate that the hearing will proceed as ordered/noticed.  
 
You are expected to appear on-time for a hearing. While the court understands unforeseen obstacles may arise, there is an expectation that communication with the division will occur if an individual is unable to arrive on-time for an ordered/noticed hearing. An untimely appearance without communication may result in the hearing occurring in your absence.

Pre-Trial Practice and Management Issues

Motion Practice

Each motion must clearly state the relief being requested, the factual reasons and legal support for granting such relief and include a proposed form of order or judgment. Any response must include position statements aimed at the issues raised in the motion and the factual reasons and legal support for a ruling different than that requested by the party filing the motion. A party responding to a motion is welcome to submit a proposed form of judgment or order if such proposed form of judgment or order differs from that submitted by the other party.  
 
Each filing must contain only one motion and each motion must be filed separately. Similarly, each response must identify the motion being addressed and there must be a separate response filed for each motion being addressed.  
 
Motions shall comply with the applicable Rules of Procedure in terms of format and page length. There is an expectation that there will be compliance with the Rules of Procedure and any deviation must be preceded by an order allowing such deviation.

Trial Practice and Protocol

Trial Practice and Procedure

Exhibits to be used at any evidentiary or contested hearing shall be separately and individually prepared so that each exhibit may be marked by the Clerk of the Court. Failure to separate otherwise admissible exhibits from inadmissible exhibits may result in the entire exhibit not being admitted and considered by the court.  
 
There must be a copy of each exhibit for the party submitting the exhibit, the opposing party(ies) and the Court.  
 
If you intend to present audio or video recordings, such evidence must be uploaded on a thumb drive and you must bring to the hearing a device that will allow you to play or show the content of the thumb drive. You will not be permitted to play or show recordings or information from a cell phone.

Courtroom Etiquette

The Court will treat everyone that comes into the courtroom with dignity and respect. The Court expects the same from each individual 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

A video and audio recording is made of each Court hearing. 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.  
 
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.  
 
Understand that neither the Court nor court staff will provide legal advice.