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Protocol and Practice of Persons Appearing in the Court of Judge Theodore Campagnolo << return to previous page
Specific Comments or Advice for Litigants Specific Requirements or Preferences Treat Court Staff with Respect: This is placed first for a reason. You are expected to treat Court staff in the same courteous and respectful way you would treat the Judge.  
 
Treat Each Other with Respect: I expect attorneys and litigants to treat each other with respect and proper decorum.  
 
Counsel and litigants representing themselves are expected to comply with the recent rules that became effective for all cases filed on or after July 1, 2018, relating to case management, discovery, and sanctions to reduce the cost and time required to resolve civil cases in Arizona’s superior courts.  
 
Anne Swank is the Acting Judicial Assistant. She can be reached at swanka@superiorcourt.maricopa.gov
Pre-Trial Practice and Management Issues Motion Practice Motion Practice: Motions, responses and related pleadings shall comply with the 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 then 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.  
 
This division requires that all motions, responses, replies and other Court requested filings in this case must be submitted individually. The parties shall 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 efiled with proposed orders. ALL proposed orders when applicable, shall be efiled in Word format.  
 
If a proposed order is applicable to the motion, and it is not e-filed with the motion, the Court reserves the right to reject your motion until it is accompanied by a proposed 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.  
 
Required Early Meeting, Joint Report & Proposed Scheduling Order: Counsel and litigants are expected to comply with Rules 16(b) and 16(c), A.R.C.P., for all cases filed on or after July 1, 2018. The parties must file the Joint Report and the Proposed Scheduling Order using the forms approved by the Supreme Court and set forth in Rule 84, Forms 11 through 13. They must use Forms 11(a) and (b) for Tier 1 cases; Forms 12(a) and (b) for Tier 2 cases; and Forms 13(a) and (b) for Tier 3 cases.  
 
Daubert Motions: I expect Daubert motions to have the same deadline as dispositive motions. Therefore, always include a reference to Daubert motions in the “Dispositive Motion” portion of the scheduling Order.  
 
Scheduling Hearings: The court tries to schedule hearings promptly and at a time convenient to the parties. You may receive an e-mail or call from my Judicial Assistant Ron Sullivan asking for dates and times. Please respond promptly; otherwise the court will schedule the matter at its convenience. If a conflict arises and all sides agree to continue a hearing, you may wish to contact the Judicial Assistant first to see if this can be arranged informally before filing a motion to continue.  
 
Motions with Exhibits: All motions, including, but not limited to, summary judgment motions, that contain more than 5 exhibits shall require the party to provide to the Court a copy of the respective motion, response or reply along with all exhibits in a CD, NOT by e-mail. For security purposes, thumb drives are not acceptable. Each pleading on the CD shall contain hyperlinks to all exhibits attached to your pleading and to all substantive appellate cases cited therein (you do not need to provide hyperlinks to boilerplate case law, unless it is an unusual or obscure citation). The hyperlink to exhibits is crucial, so that the Court can readily locate an exhibit without undue delay. The Court does not want hard copies of the exhibits. Failure to provide the CD as required above will result in the issuance of a Minute Entry to provide it, and may delay the Court’s consideration of your pleading.  
 
Oral Argument: Not all requests for oral arguments will be granted. If I believe that oral arguments may assist in making a decision, I will schedule them. The court sets oral arguments for a specific period of time, and the parties will usually receive equal time within that period. I will keep time, and provide you with notice of your remaining time.  
 
Rule 7.1(h) Certificate of Good Faith Consultation: The following motions require the inclusion of a Rule 7.1(h):  
 
Motion or stipulation to file documents under seal 5.4(d)(3)  
Motions to dismiss in commercial court 8.1(f)(4)  
Rule 11 motions for sanctions 11(c)(3)(C)  
Rule 16 joint reports 16(c)(2)  
Discovery and disclosure disputes (expedited) 26(d)(2)  
Discovery and disclosure motions 26(i)  
Discovery beyond tier limits 26.2(g)(1)(A)  
Rule 37 motions to compel 37(a)(1)  
Motions involving compliance with subpoenas 45(c)(6)(C)  
Rule 45.2 preservation disputes 45.2(d)(2),(e)(1)(A)  
Rule 56(d) motions 56(d)(1)(B)  
Discovery or Disclosure Disputes and/or Sanctions Discovery or Disclosure Disputes and/or Sanctions: The Court will abide by the procedures in Rule 26(d)for all discovery or disclosure disputes as of July 1, 2018. The court generally does not accept impromptu telephonic hearings during depositions, although there may be exceptions. The court takes Rule 37(a)(2)(C) seriously: Counsel must try in good faith to resolve a discovery dispute before bringing it to the court. 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. An email with no response will generally not be sufficient to satisfy your duty to meet and confer. Failure to include the necessary certificate under Rule 7.1(h) will result in the rejection or denial of the Motion. Other Pre-trial Practice Guidelines or Comments Scheduling Orders: Always include a reference to Daubert motions in the “Dispositive Motion” portion of the Scheduling Order. I expect that all Daubert motions shall have the same deadline as dispositive motions, and that needs to be spelled out in the Scheduling Order.
Trial Practice and Protocol Trial Schedule Trial Practice and Protocol/Trial Schedule: The court conducts trials from 9:30 a.m. to 11:45 a.m. and 1:30 to 4:30 p.m. on Monday through Thursday, taking a lunch break at 11:45 a.m. and 15-minute breaks mid-morning and mid-afternoon. The court relies on the parties’ estimates of trial time in scheduling trial. The Court will add one trial day to the parties’ estimate for presenting their voir dire, opening statements, evidence, and arguments. The additional day will include the Court’s voir dire, and reading preliminary and final jury instructions. The jury will be told the trial time, and the parties will be bound by it. The court may use a timer to keep track of your time. If it does keep time, the Court will provide the parties with their remaining time after breaks and at the end of the day. Joint Pre-Trial Memo and/or Conference; Exhibits and Objections Final Pre-Trial Conference; Exhibits and Objections: The Pretrial Conference is typically held around a month before trial. The requirements for that conference are in the minute entry setting trial.  
 
Joint Pretrial Statements: Joint Pretrial Statements shall be submitted as required by the Rules and my Orders.  
 
Motions in Limine: Motions in limine are typically ruled on at the Final Pretrial Conference.  
 
Objections for Non-Disclosure: In the event evidence or testimony is objected to on the basis of non-disclosure, the parties must be prepared at trial to demonstrate compliance or non-compliance with Rule 26.1. This is usually done by showing the court disclosure statements, so 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 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 sanction a party that makes unfounded disclosure objections as well.  
 
 
Exhibits & Bench Copies: For any evidentiary hearing or trial, you must submit your exhibits to the Clerk of my Court no later than the date of the Final Pretrial Conference. If there is no final pretrial conference exhibits must be submitted 14 calendar days before the evidentiary hearing or trial. For any evidentiary bench hearings or bench trials, the Court does expect to receive bench copies, either in hard copy or on a CD (NOT on a thumb drive or by e-mail). A hard copy must be contained in a notebook or notebooks with tabs on each exhibit. If it is on a CD, you will need to include a statement or index on the CD with a list of exhibits that is hyperlinked to each of your exhibits. The Court does not require or want bench copies in jury trials.  
 
Objections to Exhibits/Deposition Testimony: The court typically resolves objections to exhibits and deposition testimony listed in the Pretrial Statement at trial, not the Final Pretrial Conference.
Jury Selection Jury Instructions: In addition to being filed with the Clerk, proposed jury instructions should be e-mailed to the Judicial Assistant in Word format, so that it can be edited by the court.  
 
Jury Selection: The court typically conducts the majority of jury selection, with the parties having the opportunity for additional questions afterwards. However, to avoid error, the parties need to submit their proposed voir dire questions to the Court prior to the trial pursuant to my orders. The court uses the “struck” (whole panel) method of jury selection.
Trial Practice and Procedure 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, it will ask.  
 
Trial Practice and Procedure E-Courtroom: This court is in an e-courtroom. Staff has a document titled “E-Courtroom Tips” that explains how to use the equipment. If you’re unfamiliar with our equipment, read that. You can also request staff to provide a walk-through of the courtroom equipment before trial.  
 
Jury Questions: It is the court’s practice to ask if there are any jury questions for a witness after redirect. This allows an opportunity for follow up questions by the parties.
Courtroom Etiquette I repeat these again, because they are important.  
 
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: I expect attorneys and litigants to treat each other with respect and proper decorum.
Other Courtroom Policies and Recommendations Digital Recording System (FTR): The record of trial is made using the “FTR” audio/video recording system unless a court reporter is requested. When no court reporter is present, it is essential that everyone be at a microphone when speaking; otherwise there is no record of what was said. The video portion of FTR generally records the loudest voice, but it can be locked in on the lawyer, the witness, or what is being shown on the projector. The court controls the FTR, so any request to lock it in on a particular view must be made to the judge.  
 
The FTR system should serve to replace (in most cases) the need, expense and additional administrative steps of hiring a Court Reporter. However, in the rare instance where a Court Reporter is needed, a Request for Court Reporter should be filed in eFile with a courtesy copy emailed to the Division JA Ron Sullivan. The cost for a minimum half day is $140 and for a full day is $280.  
 
Special accommodations: If a party needs any accommodation (e.g. an interpreter, hearing assistance device), please notify the Court well in advance of the proceeding.
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