Protocol and Practice of Persons Appearing in the Court of Judge Frank Moskowitz

Specific Comments or Advice for Litigants

Specific Requirements or Preferences

The email address for the division is CVJ01@jbazmc.maricopa.gov and the phone number is 602-372-5805.  
 
Email communication: Staff may communicate with attorneys and their staff by email for scheduling purposes. Materials cannot be submitted to the Division without providing a copy to the other side, unless there is a basis for ex parte review.  
 
Remote Hearings and Appearances  
 
Unless otherwise ordered, Status Conferences, Trial Setting Conferences, Rule 16 Conferences, and Oral Arguments are typically conducted virtually. Trial Management Conferences, Evidentiary Hearings and Trials are typically conducted in person.  
 
For remote hearings, please join Teams by Video, whenever possible.  
 
www.tinyurl.com/jbazmc-cvj01 Call-in: 1-917-781-4590  
 
Conference ID: 859 060 772#  
 
During virtual hearings, please make sure your device is on mute when you are not speaking.  
 
Please make sure every effort is made for parties and witnesses to appear via video during the hearing and not just by phone.  
 

Pre-Trial Practice and Management Issues

Motion Practice

E-file all Motions if possible.  
 
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 form.  
 
If there is a disagreement about deadlines in a Joint Report, include both deadlines in the proposed Scheduling Order so the Court can readily include the deadline it affirms and readily delete the other.  
 
Counsel and parties shall notify the Court of any extensions to file a response or reply regarding a pending Motion.  
 
Unless otherwise ordered or provided in the Rules, all discovery disputes shall be governed by Rule 26(d), Ariz. R. Civ. P.  
 
Less can be more, and more is not always better, understanding and respecting that counsel and parties have the need and right to make their records.  

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, try and communicate with the other side, confirm that you have done so, and place their position, if known, in your Motion.  
 
If you need a continuance, first contact the other party to see if you can file a Stipulation.  
 
As a general rule, the Court does not set a case for trial until discovery is complete, dispositive motions have been ruled on, and the parties have participated in some form of settlement conference or private mediation.  
 
A legal entity, as opposed to an individual person, cannot represent itself; rather it must be represented by a person authorized to practice law in the State of Arizona.  
 
The Court understands that when an individual is representing him/herself without an attorney, the process can be scary and confusing. The Court will do its best to explain the process to unrepresented parties during the hearing or answer questions about process. If you have questions, it is best to ask. But the Court cannot give legal advice. Please note that all parties, whether represented by an attorney or unrepresented, are bound by the applicable Rules equally. There is a Self-Service Center located on the first floor of the East Court Building where parties can obtain information and assistance with the process. Parties unrepresented by an attorney are encouraged to utilize this free service. Or you can go online to the courts website: https://superiorcourt.maricopa.gov/llrc/  
 
If the Court, counsel or party has reasonable cause to believe that a party is or may be an incapacitated person or an adult in need of protection, the Court may appoint a Guardian ad Litem for that party pursuant to and in accordance with Rule 17.1 of the Arizona Rules of Civil Procedure.  

Trial Practice and Protocol

Joint Pre-Trial Memo and/or Conference; Exhibits and Objections

Pay careful and close attention to the Worksheet in the Joint Pre-Trial Statement regarding the time each party needs to complete the trial, and make sure the time allotted by the parties is not more than that allotted for the trial.  
 
Unless otherwise ordered, parties should submit their exhibits via Case Center for which they are usually provided a link at the final trial management conference.  
 
Parties must confer about stipulating to exhibits prior to the trial.  
 
Any objections to exhibits not previously addressed by the Court in a motion in limine, Daubert motion, or otherwise, will generally be ruled upon at the time of trial when the exhibit is being offered.  

Trial Practice and Procedure

Unless there is a valid objection, the Court has no issue with witnesses testifying remotely by videoconference during trial, provided the witness has access to exhibits about which the witness may be questioned.  
 
Counsel are generally free to move around the courtroom during trial and need not request permission to approach the witness.  
 
Objections should be short and succinct. There are no speaking objections allowed. If the Court wants a response or further discussion, the Court will ask for it.  

Courtroom Etiquette

The Court expects counsel and parties to treat each other, court staff, and everyone with respect.  
 
You are free to argue motions while sitting or standing and you are welcome to stay at counsel table.  
 
Arrive on time.  
 
Counsel and parties who appear virtually or in person are expected to be dressed appropriately for court. No hats are allowed in the courtroom.  
 
Parties are prohibited from recording by audio or video any virtual or in person hearing.