Judge Christopher Whitten
Individual Rules, Standing Orders & Policies
Adjournments
- In an exigent circumstance where a telephonic-only hearing is insufficient, counsel may seek relief by filing a written motion with the clerk and emailing it to Division Staff at least 48 hours before the hearing.
Communication
Chambers
Phone
Chambers
Phone
Chambers
Phone
Chambers
Document Format Requirements7 rules
All hearings will be held telephonically or by videoconference, only.
Please do not arrive for hearings in person or knowingly allow others to do so.
Court Security has been given direction to exclude symptomatic individuals at security.
Do NOT arrive at the Old Court House ill, and please do NOT knowingly allow anyone else to do so.
When in the conference, mute your personal device and refrain from interjecting, so that all can hear and effectively participate.
If you file a motion or stipulation that requires an order, please provide a proposed order, when applicable, in WORD format.
Participants should use video conferencing whenever possible.
Document Filing Requirements8 rules
If you file a motion or stipulation that requires an order, please provide a proposed order, when applicable, in WORD format.
- Document
- Motion or stipulation
Must include
- •Proposed order
The Rule 41(F) admonition regarding confidentiality applies to all open hearings conducted via teleconference.
For adoptions, Attorneys must send the necessary documents to the division prior to the hearing date.
Also, consider whether you need an oral argument, or an evidentiary hearing, and make sure you distinguish what you really want within the caption request.
- Placement
- Caption
Through at least May 29, 2020, the following procedures are applicable to cases with hearings scheduled in Courtroom 303 (Judge Whitten):
I will not look for that request in the body.
If you think oral argument is necessary, you should indicate that in the caption.
- Placement
- Caption
Preferably, send all documents to the Court one week ahead via FedEx.
Filing & Service rules
Electronic Filing Rules
Default and garnishment documents must be e-filed, while packets containing proof of filing must be submitted to the civil commissioners’ divisions.
The Administrative Order recognizes an exception for Civil Court Commissioner Default Packets and Garnishment packets. The documents must be filed electronically, but the packets containing proof of filing of the documents must be submitted to the civil commissioner's divisions.
Page 1 | About the Civil Department
Attorneys generally must electronically file all documents.
Pursuant to Arizona Supreme Court's Administrative Orders, generally all documents filed by an attorney must be filed electronically.
Page 1 | About the Civil Department
Necessary documents must be submitted in advance by email to both the judicial assistant and bailiff, or electronically through JAX.
Please submit necessary documents in advance via email to both the JA and Bailiff, or electronically via JAX.
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If no division staff is available, runners may leave paperwork in the inbox.
Runners may leave paperwork in the “inbox” if no division staff is available.
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Filing Timing and Cure Windows
A party may file a written objection and request for a hearing within ten days after receiving the garnishment answer.
A Party may within ten (10) days after receipt of the answer, file a written objection and request for hearing with the Clerk of the Superior Court. A.R.S. §12-1580 (A).
Page 1 | Civil Department Frequently Asked Questions
A person generally must file a notice of appearance and answer the complaint within 20 days for in-state matters or 30 days for out-of-state matters.
Generally, a person must "appear" by filing a "notice of appearance" with the court and also defend (known as "answer" the complaint) within 20 days (in state) and 30 days (out of state).
Page 1 | Individuals
A judicial officer will not sign a separate Entry of Default, and default becomes effective ten days after the application is properly submitted.
A judicial officer will not sign an Entry of Default. Further, the Clerk of the Superior Court will not enter a separate Entry of Default, even if one is submitted with the Application for Entry of Default; the default becomes effective ten (10) days after the application is properly submitted to the court.
Page 1 | Civil Department Frequently Asked Questions
A hearing on a garnishment objection or hearing request should be scheduled within ten business days after receipt.
A hearing should be scheduled within ten business days of receiving the objection/request for hearing.
Page 1 | Civil Department Frequently Asked Questions
Filing the application is treated as entry of default, which becomes effective ten days afterward; the clerk will not enter a separate default.
The Clerk of the Superior Court will not enter separate Entry of Default, even if one is submitted with the Application for Entry of Default; it considers the filing of the application sufficient to constitute entry of default which will become effective ten (10) days thereafter.
Page 1 | Civil Department Frequently Asked Questions
Service and Proof of Service Rules
Attorneys should forward meeting information to clients, placement, DCS case managers, and other necessary parties.
Attorneys should forward the meeting information to clients, placement, DCS case managers, and any other necessary parties.
Page 1 | COVID-19 PROCEDURES
Adjournment & Extension Requirements
In an exigent circumstance where a telephonic-only hearing is insufficient, counsel may seek relief by filing a written motion with the clerk and emailing it to Division Staff at least 48 hours before the hearing.
If a telephonic-only hearing will not suffice in an exigent circumstance, counsel for a Party may file a written Motion with the clerk of the court and email it directly to Division Staff at least 48 hours in advance of the hearing to allow the Court to rule on the Motion.
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The court should be informed when parties agree to extend the deadline for a response or reply.
If you agree on an extension to file a response or reply, please let us know.
Page 1 | NORMAL PREFERENCES
Chambers Communication Rules
For an emergency hearing on a restraining order or preliminary injunction, email the documents to the specified address.
If you file for a restraining order or preliminary injunction and need an emergency hearing, you must email your documents to civilemergencies@jbazmc.maricopa.gov.
Page 1 | Civil Department Additional Resources
Anyone arriving in person is directed to call Division Staff to report their presence.
Signs will be posted on the exterior courtroom doors to direct anyone who arrives in person to call Division Staff to advise that they are present.
Page 1 | COVID-19 PROCEDURES
If you or your client is late, please call or have your office call and let us know what to expect.
If you or your client is late, please call or have your office call and let us know what to expect.
Page 1 | NORMAL PREFERENCES
If the specified delivery methods are infeasible by the hearing date, promptly call or email the division and provide a copy of the order.
If these methods are infeasible by the hearing date, promptly call or email the division with a copy of the order.
Page 1 | COVID-19 PROCEDURES
If you have not received a meeting invitation, please email or call the division directly- prior to the hearing time.
If you have not received a meeting invitation, please email or call the division directly- prior to the hearing time.
Page 1 | COVID-19 PROCEDURES
To schedule a hearing assigned to a civil commissioner, call the listed number Monday through Friday from 8 a.m. to 5 p.m.
If you need to schedule a hearing assigned to a civil commissioner call (602) 506-1497 on Monday thru Friday from 8am to 5pm
Page 1 | Civil Department Additional Resources
Division staff will email conference-line information to attorneys in advance.
Division staff will email GoToMeeting conference line information to attorneys in advance.
Page 1 | COVID-19 PROCEDURES
The judicial assistant may be reached at (602) 372-1164.
My Judicial Assistant is reachable via (602) 372-1164.
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Questions or suggestions about the procedures may be directed to division staff by phone or email.
These procedures will be revisited on an ongoing basis; please call 602-372-1164 or email division staff with any questions or suggestions.
Page 1 | COVID-19 PROCEDURES