Judicial Profile

Specific Comments or Advice for Litigants

Specific Requirements or Preferences

Judge Valenzuela’s Division can be contacted by phone at 602-372-2961.  
The Division’s email address is: DRJ13@JBAZMC.Maricopa.gov.  
The Judicial Assistant is Chrystal Castro.  
The Courtroom Assistant is Daisy Pena.  
 
Please note: Court Staff is not permitted to give legal advice, clarify, or explain rulings issued by the Court. Please do not contact Court Staff to ask legal questions.  
 
Treat Court Staff with Respect: You are expected to treat Court staff in the same courteous and respectful way you would treat the Judge.  
 
Treat Each Other with Respect: The Court expects attorneys and litigants to treat each other and the Court with respect and proper decorum.  
 
Always remember that this is a court of law that deserves all the respect and courtesies of such an institution. The Court will treat the litigants and their attorneys with the same level of respect and courtesy that it expects from them.  
 
The Court understands that a Family Court proceeding is stressful on both parties, whether they are represented by legal counsel or not. Nonetheless, unrepresented litigants must remember that they are held to the same standards as attorneys in regard to familiarity with required procedures and notice of statutes and local rules. However, the Court will do its best to explain the process and answer any procedural questions.  
The Court cannot give legal advice.  
 
Be on time for your hearing. The Court will start the clock at the scheduled time, whether the parties are present or not. Budget your time and finish on time. Except in extraordinary circumstances, you will be held to your allotted time, even if you are in the middle of cross-examination. You will know beforehand how much time has been allotted to you. The Court will occasionally notify you of your remaining time, but you may ask at any time for a time check.  
 
The Court will not accept non-emergency pleadings by email. Except in true emergency situations, the Court will rule only on properly filed pleadings.

Pre-Trial Practice and Management Issues

Motion Practice

If you hand-file a pleading, 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 pleading. 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, font type, 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 of a pleading, 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 a responsive pleading. All motions are to be filed separately and designated as such. No pleadings will be accepted if filed in combination with another.  
 
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.  
 
Motions to Strike: Motions to Strike are strongly discouraged and often are not even countenanced by the Rules. Make your point in your responsive pleading.  
 
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. 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 unsuccessful Early Resolution Conferences (ERC).  
 
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).  
 
Virtual 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 Microsoft Teams Meeting link to join the virtual courtroom is: https://tinyurl.com/jbazmc-drj13. If you have technical difficulties appearing by video, you may appear telephonically by dialing: (1) 917-781-4590, Access Code: 786-073-822# However, video appearance is the preference of the Court.  
 
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. The Court is unavailable from 12:00 p.m. to 1:30 p.m. for lunch. Three-hour trials will generally occur in the morning from 9:00 a.m. to 12:00 p.m.

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.

Trial Practice and Procedure

NOTE: Although this section pertains to "Trial Practice," these protocols apply to any trial or evidentiary hearing.  
 
Trial Objections: Objections should be stated only as legal objections (e.g. "hearsay, Rule 403") and not as speaking objections. If the Court needs clarification of an objection, it will ask. If the Court deems the speaking objection to be unduly long, it may assess time against the objecting party.  
 
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.

Other Courtroom Policies and Recommendations

No Minor Children: Individuals under the age of 18 are not allowed in the courtroom except in event that the minor is scheduled to be interviewed by the Court in chambers or the minor's presence is required for the court proceeding. If a minor is brought to the courthouse, it is the responsibility of the party who brings the minor to arrange for appropriate supervision outside of the courtroom. The duties of Court Staff do not permit them to perform this function.  
 
No Photographs or Recordings: Anyone who records or photographs court hearings without prior approval from the Court may be subject to involvement with Court security and/or contempt proceedings.  
 
Digital Recording System (FTR or Microsoft Teams): A record of the hearings is made using the For the Record "FTR" audio/video recording system and/or Microsoft Teams. To order a copy of the audio/video record after the hearing, please contact Electronic Record Services at: 602-506-7100, or through email at: ERS@superiorcourt.maricopa.gov. The FTR Player software can be downloaded at: www.fortherecord.com.  
 
The FTR/Microsoft Teams system is in place to avoid the need, expense, and additional administrative steps of hiring a Court Reporter. However, if a party prefers the presence of a Court Reporter in addition to the FTR, a Request for Court Reporter must be filed not less than 10 days before the hearing, and the party must pay the Court Reporter's  
deposit (usually the cost of the first day) no later than two judicial days before the hearing. The cost for a minimum half day and for a full day are available on the Court's website.  
 
Special accommodations: Requests for reasonable accommodations for persons with disabilities must be made five (5) days before your hearing. Requests for an interpreter for persons with limited English proficiency must be made ten (10) days in advance of the hearing.  
 
Where to Find Additional Information  
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/. Any party to a case can register and access the Clerk of Court’s Electronic Court Record (ECR) for their particular case at https://ecr.clerkofcourt.maricopa.gov/login.aspx.