Protocol and Practice of Persons Appearing in the Court of Judge Theodore Campagnolo
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Specific Comments or Advice for LitigantsSpecific Requirements or Preferences Covid-19 Update: I will keep this updated, as soon as I receive information from Judge Welty or the Supreme Court.
1. There will be no jury trials through March 30, 2020. That deadline may likely be extended. If the restriction is still in place and no jurors are summoned, then the trial will be vacated and reset, unless both parties decide to waive their right to a jury trial.
2. Otherwise, court proceedings will continue. All other scheduled matters will continue. For all in-person appearances, my JA will be contacting the attorneys to ask if they want to appear telephonically. This includes bench trials, evidentiary hearings, oral arguments, etc. The Court will honor your request.
3. If an in-person proceeding is held, it will be vacated and rescheduled if anyone (attorney, party, or witness) appears to be sick.
4. If the attorneys anticipate that more than ten people will be appearing for an in-person hearing, the attorneys need to notify this Division's staff at least 48 hours prior to the hearing. The Court will then decide whether the hearing should proceed or be rescheduled.
5. Visitors will still be allowed to sit behind the bar, unless they appear to be sick. If they appear to be sick, they will be asked to leave the courthouse.
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.
Carla Estrada is the Judicial Assistant. She can be reached at firstname.lastname@example.org
Pre-Trial Practice and Management IssuesMotion Practice Motions with Exhibits: Bookmarking and hyperlinking in pleadings is encouraged. See Rule 5.2(c)(3)(A), Ariz. R. Civ. P. All e-filed pleadings, including, but not limited to, summary judgment pleadings, that contain more than 5 exhibits shall contain bookmarks/hyperlinks to all exhibits attached to your pleading(s). All bookmarks/hyperlinks must be contained in your e-filed pleading in pdf format. The bookmarking/hyperlinking 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, and the Court does not want the materials on thumb drive or email. DO NOT bookmark or hyperlink case citations. Any bookmarks/hyperlinks to any websites or the internet (e.g., Westlaw) will not work. Failure to provide the bookmarks/hyperlinks as required above will result in the issuance of a Minute Entry rejecting the pleading. The party will be required to efile a new pleading with proper bookmarking/hyperlinking no later than 14 days after the filing of the Minute Entry rejecting the original pleading. The Court reserves the right to disallow any pleadings that are not re-efiled within 14 days. You may obtain further information on e-filing with bookmarks/hyperlinks by going to the Clerk's website as follows:
click on "eFiling(Live)" in the "eGovernment" box
click on "eFiling Guidelines (Applies to all Documents filed with the Clerk): Click Here"
click on "2.03 Document Format" in the Table of Contents
Go to 2.03(b)
I am aware that some attempted bookmarkings/hyperlinkings may be unsuccessful due to software incompatibility with the Clerk's software, or because the documents' size exceeds the Clerk's capacity. In those situations, upon the filing of a notice to that effect signed by the party's attorney, the bookmarked/hyperlinked document may be submitted to the Court on a CD.
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 requires a written motion or stipulation to schedule, reschedule, or vacate hearings. The Court will not schedule or reset hearings without the filing of a pleading. In regard to any substantive evidentiary hearings or oral arguments, the Court will usually set a short telephonic status conference in order to schedule a date and time for the substantive hearing.
Oral Argument: Except as required by Rule 56(c)(1), the Court may or may not set oral arguments on a motion, even if requested by counsel, pursuant to Local Rule 3.2(d). 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 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 in person or by telephone, and will expect you to demonstrate that you have done so.
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. Pursuant to Rule 26(d), all motions for protective orders under Rule 26(c) and all motions to compel discovery or disclosure under Rule 37(a) shall be rejected by the Court, and the parties will be ordered to file a Joint Statement accompanied by a Rule 7.1(h) certificate.
Deposition Disputes: The court generally does not accept impromptu telephonic 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 the Judicial Assistant of the dispute and email the JA a brief summary of the dispute. In that way, the Court will have some inkling of the problem. 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 ProtocolTrial Schedule Trial Practice and Protocol/Trial Schedule: The court generally 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. or noon 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 length of the trial, 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 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 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 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 reject 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 & 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, unless another date is ordered. 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 shall be provided to the Judicial Assistant on a CD 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 the day of 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. Even if a court reporter is present the FTR will continue to operate. When no court reporter is present, it is essential that everyone be at a microphone when speaking; otherwise the digital recording system may not record what was said. The video portion of FTR generally will show the area where someone is speaking, although it is not an exact science. The audio portion will record everything that is said, as long as the speaker is near a microphone.
The FTR 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 (2) 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: If a party needs any accommodation (e.g. an interpreter, hearing assistance device), please notify the Court well in advance of the proceeding, so as to avoid any unnecessary delay in the proceeding.