Protocol and Practice of Persons Appearing in the Court of Judge Sam Myers
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Specific Comments or Advice for LitigantsSpecific Requirements or Preferences Beginning June 8th, 2020,
IT IS FURTHER ORDERED that any form of contested evidentiary hearing or trial shall presumptively proceed through the use of audio and video appearances. Any party to a contested evidentiary proceeding may file a motion seeking an in-person hearing in lieu of an audio or video appearance. Such motions must be filed no less than 14 days before the hearing and must be emailed directly to the Division.
Each hearing will have unique call-in credentials. If you have not received an email from the division notifying you of the telephonic instructions, please call the division directly at 602-372-2940. During the conference, please do your best to minimize background noise. The use of video is encouraged but not mandatory. When not speaking, please mute your phone.
Judge Myers strives to run his calendar in a timely manner. To that end, counsel and litigants should call/email the division if they are running late. Because cases are set at a specific time, all matters are expected to proceed at the time scheduled.
Pre-Trial Practice and Management IssuesMotion Practice Judge Myers' division is very computer friendly, so the parties are welcome to provide a division copy of motions via email, with all parties always copied. The practice of combining more than one motion in a single document is strongly discouraged (i.e. motion to strike and motion to reconsider). Motions should clearly state the relief requested and the authority for the requested relief. Discovery or Disclosure Disputes and/or Sanctions Judge Myers expects the parties to follow all rules of procedure regarding requirements for a personal consultation with a good faith effort to resolve the dispute prior to requesting court involvement (note: an email is not personal consultation). Judge Myers prefers the parties to jointly discuss resolution of disputes prior to the judge taking the bench. Requests to seal entire files are discouraged; the parties should be prepared to identify specific documents that require sealing. Other Pre-trial Practice Guidelines or Comments Contested motions should be made in writing - the Court will not consider a contested motion unless all parties have been provided an opportunity to respond in writing. Telephonic appearances at minor hearings is permitted with advance request.
Trial Practice and ProtocolTrial Schedule Judge Myers expects trials to proceed as scheduled, and expects attorneys to provide advance notice if they anticipate the trial will not proceed as scheduled. Joint Pre-Trial Memo and/or Conference; Exhibits and Objections A separate bench copy of exhibits is not necessary. All exhibits should be timely provided to the court clerk. Either side may object to a nonresponsive answer and request that it be stricken. The Court does not typically grant objections to "beyond the scope of cross" but if an objection is timely made, the Court will allow re-cross on the specific issue objected to. Trial Practice and Procedure Judge Myers expects counsel to try to stipulate to non-contested issues. He would appreciate citations to authorities if they are being relied upon in oral arguments. Courtroom Etiquette Judge Myers expects all attorneys and parties to behave in an appropriate manner while in the Courthouse. Discussion between counsel is welcome prior to the hearing. All parties must be near a microphone when on the record, so wandering around the courtroom during examinations is discouraged. Judge Myers expects all parties and counsel to treat his staff kindly, and expects the same of his staff. Other Courtroom Policies and Recommendations Motions
Please let me know if you did not get a ruling on a motion you filed either by addressing it in open court or by calling my Judicial Assistant. The paper filing system is not perfect, and sometimes motions are not delivered to us and we have no way of knowing that a motion was filed if we do not receive it. We log-in every motion put in our mailbox on the date it was received. I will NEVER be offended if you call my Judicial Assistant and ask why you have not yet received a ruling. My practice is to rule quickly, so please also do not hesitate to call my Judicial Assistant if you do not receive a ruling within a reasonable period of time.
Expedited or Emergency Review
If you are filing a motion which is time sensitive or truly requires emergency or expedited consideration, you must include the phrase "expedited consideration requested" to the right of the caption, and you must state in the motion the basis for your request for expedited relief. Please do not request expedited relief unless there is a genuine need for an expedited ruling. Generally, I will separately rule on the request to expedite by setting an expedited date for responses by Minute Entry Order, and then I will rule once response date expires. Because the response deadline for electronic services is already short (five days) there are times I will simply wait five court days and rule on the sixth day. My course of action is dependent on the nature of the motion and the requested relief.
Ariz.R.P.Juv.Ct. 46(A) requires that you "state the positions of the other parties as to the issues raised or ... inform the court of the efforts made to reach the other parties if their positions are known." This rule allows the court to rule quickly if no party objections to the relief requests. However, a motion is NOT uncontested simply because you sent opposing counsel notice of the motion and they did not provide you their position before you filed it. Therefore, please do not designate a motion as "uncontested" if one or more parties did not respond to your request for positions prior to filing the motion, as such a designation is not accurate.
Motions for Summary Judgment
I understand that most motions for summary judgment relate to paternity findings and are rarely, if ever, disputed. Nonetheless, the rules require that such motions conform to Ariz.R.Civ.P. 56. Rule 56 allows 30 days for a response. It is unclear whether the juvenile rule was intended to incorporate the 30-day response time, but I am assuming it does and thus I am holding motions for summary judgment for 30 days. If I have a hearing in the interim, I am asking if there are any objections to the motion so that I can rule on it more quickly.
Please be specific in your proposed orders by specifically stating the exact title of the motion being ruled upon. Do not attach mailing certificates to proposed orders as we do not distribute orders in the same manner that you serve motions.