Judge Daniel Martin
Individual Rules, Standing Orders & Policies
Adjournments
- A motion to continue trial beyond the last day must be written and show extraordinary circumstances and that delay is indispensable to the interests of justice; it should generally state the positions of all other parties.
- A request or motion to continue the trial date or extend the last day in a complex case must be in writing pursuant to Rule 8.5.
- a. The party who requested the continuance; b. A statement whether the opposing party opposed the continuance, stipulated to the continuance or took no position on the request for continuance; c. If the continuance is on the court's own motion, a statement whether any of the parties opposed the continuance, agreed to the continuance or took no position on the continuance.
- +1 more
Request must include
Communication
Chambers
Phone
Chambers
Document Filing Requirements17 rules
Please start or end your motion by telling me exactly what you are requesting, and include a clear proposed form of order.
The motion shall be accompanied by a proposed form of order setting forth the factual findings supporting designating the case as complex.
The motion shall be accompanied by a proposed form of order setting forth the factual findings supporting designating the case as complex.
A minute entry documenting a granted continuance should identify the requesting party and state the opposing party’s position, or, for a court-initiated continuance, the parties’ positions.
Court's wording
If a continuance is granted, a minute entry should also contain the following: a. The party who requested the continuance; b. A statement whether the opposing party opposed the continuance, stipulated to the continuance or took no position on the request for continuance; c. If the continuance is on the court’s own motion, a statement whether any of the parties opposed the continuance, agreed to the continuance or took no position on the continuance.
The parties must file a Joint Case Management Plan at least two working days before the first Scheduling Conference, addressing the listed case-management topics.
Court's wording
No less than two working days before the first Scheduling Conference, the state and defendant(s) shall file a Joint Case Management Plan expressly addressing the following issues: 1. Proposed trial date; 2. Length of trial and number of witnesses; 3. Final Trial Management Conference date; 4. Brief summary of alleged facts; 5. Discovery production schedule; 6. Witness interview schedule; 7. List of motions needing evidentiary hearing (length of hearing); 8. Schedule for filing motions, responses and replies; 9. Schedule for Motions in Limine; 10. Expert witness issues (dates for defense to disclose experts and opinions, if different date than called for in Rule 15); 11. Special investigative needs; 12. General status of plea negotiations; 13. Plea cut-off date; 14. Settlement conference date; 15. Interpretation, translation, and transcription needs; 16. Schedule of regular Case Management Conferences.
The parties must submit a Joint Case Management Report at least two working days before each Case Management Conference, covering the listed topics.
Court's wording
No less than two working days before each Case Management Conference, the parties shall submit a Joint Case Management Report. This report will inform the court of: 1. The specific progress made since the last Case Management Conference in completing activities previously established by the court and the parties; 2. Specific case preparation to be completed before the next Case Management Conference; 3. Witnesses who have been interviewed in the preceding month; 4. Witnesses who will be interviewed in the upcoming month; 5. Pending issues to be resolved.
The parties shall file a Joint Case Management Report, as described in the Complex Case Designation & Case Management Order, at least 2 working days before each Case Management Conference.
The parties must file a Joint Pretrial Statement at least two working days before the FTMC containing the listed information and attachments.
Court's wording
At least two working days before the FTMC, the parties shall file a Joint Pretrial Statement including the following information: 1. Charges, sentencing ranges (including any sentence enhancements alleged) and list of aggravating factors to be decided by the jury 2. Settlement status (to be discussed with trial judge) 3. Plea offer: 4. Settlement Conference occurred (Y/N): 5. Are Defendant and State willing to further discuss settlement? 6. Number of trial jurors and alternates: 7. List of witnesses to be called 8. Estimated trial days: 9. Brief statement of case to be read to jury (attach) 10. Special jury voir dire questions (attach) 11. List of Standard Jury Instructions, plus original and one copy of any special Jury Instructions (attach) 12. Other issues
The Joint Case Management Report must address progress since the last conference, upcoming case preparation, witnesses interviewed and to be interviewed, and pending issues.
Court's wording
This report will inform the court of: 1. The specific progress made since the last Case Management Conference in completing activities previously established by the court and the parties; 2. Specific case preparation to be completed before the next Case Management Conference; 3. Witnesses who have been interviewed in the preceding month; 4. Witnesses who will be interviewed in the upcoming month; 5. Pending issues to be resolved.
Parties must file a Joint Pretrial Statement at least two working days before the Final Trial Management Conference containing the specified information.
Court's wording
At least two working days before the FTMC, the parties shall file a Joint Pretrial Statement including the following information: 1. Charges, sentencing ranges (including any sentence enhancements alleged) and list of aggravating factors to be decided by the jury 2. Settlement status (to be discussed with trial judge) 3. Plea offer: 4. Settlement Conference occurred (Y/N): 5. Are Defendant and State willing to further discuss settlement? 6. Number of trial jurors and alternates: 7. List of witnesses to be called 8. Estimated trial days: 9. Brief statement of case to be read to jury (attach) 10. Special jury voir dire questions (attach) 11. List of Standard Jury Instructions, plus original and one copy of any special Jury Instructions (attach) 12. Other issues
If a co-defendant in a multi-defendant case has other matters pending (either active cases or probation violation cases), counsel should so advise the Court at the Complex Case Scheduling Conference or in the Joint Case Management Plan.
Requests for expedited consideration should be used sparingly. Any request for expedited relief should state the position of the opposing party.
A minute entry similar to the attached Complex Case Designation & Case Management Order (Attachment “A”) shall be issued when a case is designated as complex.
shall order counsel for the state and defendant(s) to file a Joint Case Management Report at least two (2) working days before each conference.
shall order counsel for the state and defendant(s) to file a Joint Pre-Trial Statement at least two (2) working days before the Final Trial Management Conference.
A minute entry similar to the attached Trial Date Setting & Complex Case Management Schedule (Attachment “B”) should be issued at the Scheduling Conference.
The Joint Case Management Plan must expressly address 16 enumerated issues including proposed trial date, discovery schedule, motion schedule, and plea negotiations.
Court's wording
No less than two working days before the first Scheduling Conference, the state and defendant(s) shall file a Joint Case Management Plan expressly addressing the following issues: 1. Proposed trial date; 2. Length of trial and number of witnesses; 3. Final Trial Management Conference date; 4. Brief summary of alleged facts; 5. Discovery production schedule; 6. Witness interview schedule; 7. List of motions needing evidentiary hearing (length of hearing); 8. Schedule for filing motions, responses and replies; 9. Schedule for Motions in Limine; 10. Expert witness issues (dates for defense to disclose experts and opinions, if different date than called for in Rule 15); 11. Special investigative needs; 12. General status of plea negotiations; 13. Plea cut-off date; 14. Settlement conference date; 15. Interpretation, translation, and transcription needs; 16. Schedule of regular Case Management Conferences.
Filing & Service rules
Filing Timing and Cure Windows
A Motion for Complex Case Designation must be filed no later than 60 days after the defendant's arraignment, unless the Court acts sua sponte.
designated as complex, a Motion for Complex Case Designation shall be filed no later than 60 days after the defendant's arraignment or, the Court may sua sponte, find a criminal case to be complex with supporting factual findings.
Criminal cases
Page 3 | Complex Case Designation
Counsel for the state and defendant(s) must file a Joint Pre-Trial Statement at least two working days before the Final Trial Management Conference.
The Case Management Judge (if the case is assigned to the Master Calendar) or the trial judge (if the case is assigned to an individual judge) shall schedule and conduct a Final Trial Management Conference within 14 days of the trial date and shall order counsel for the state and defendant(s) to file a Joint Pre-Trial Statement at least two (2) working days before the Final Trial Management Conference.
Criminal cases
Page 3 | Final Trial Management Conferences
Counsel for the state and defendant(s) must file a Joint Case Management Report at least two working days before each Case Management Conference.
Upon designation of a case as complex, the Case Management Judge (if the case is assigned to the Master Calendar) or the trial judge (if the case is assigned to an individual judge) shall schedule and conduct regular Case Management Conferences, every 45 to 60 days, and shall order counsel for the state and defendant(s) to file a Joint Case Management Report at least two (2) working days before each conference.
Criminal cases
Page 3 | Case Management Conferences
The trial date must be set within 270 days of arraignment on the Master Calendar Assignment Judge calendar.
The trial date shall be set within 270 days of arraignment on the Master Calendar Assignment Judge calendar.
Criminal cases
Page 4 | Scheduling Conference
The state and defendant(s) must file a Joint Case Management Plan no less than two working days before the first Scheduling Conference.
No less than two working days before the first Scheduling Conference, the state and defendant(s) shall file a Joint Case Management Plan expressly addressing the following issues:
Criminal cases
Page 9 | Scheduling Conference & Joint Case Management Plan
The Joint Case Management Report must be submitted no less than two working days before each Case Management Conference.
No less than two working days before each Case Management Conference, the parties shall submit a Joint Case Management Report.
Criminal cases
Page 11 | JOINT CASE MANAGEMENT REPORTS
The parties must file a Joint Case Management Report at least 2 working days before each Case Management Conference.
The parties shall file a Joint Case Management Report, as described in the Complex Case Designation & Case Management Order, at least 2 working days before each Case Management Conference.
Criminal cases
Page 13 | TRIAL DATE SETTING & COMPLEX CASE MANAGEMENT SCHEDULE
A Scheduling Conference shall be set on either the Case Management Judge's calendar or the assigned trial judge's calendar as soon as possible after the case has been designated as complex.
A Scheduling Conference shall be set on either the Case Management Judge's calendar or the assigned trial judge's calendar as soon as possible after the case has been designated as complex.
Criminal cases
Page 3 | Complex Case Designation
At the Scheduling Conference, the judge will meet with the lawyers who will try the case, and the defendant(s) must be present.
At the Scheduling Conference, the judge will meet with the lawyers who will try the case. The defendant(s) shall also be present.
Criminal cases
Page 4 | Scheduling Conference
Case Management Conferences must be scheduled every 45 to 60 days.
IT IS FURTHER ORDERED setting regular Case Management Conferences, every 45 to 60 days, as follows:
Criminal cases
Page 13 | TRIAL DATE SETTING & COMPLEX CASE MANAGEMENT SCHEDULE
Trial must be set within 270 days in a complex case.
IT IS ORDERED setting the trial for , 20 at am/pm ( trial days) before the Master Calendar Assignment Judge in Courtroom . [Time Limits: 270 days in a complex case]
Criminal cases
Page 13 | TRIAL DATE SETTING & COMPLEX CASE MANAGEMENT SCHEDULE
E-filed documents are not instantly available to the divisions.
E-filed documents are not instantly available to the divisions.
Criminal cases
The judge shall schedule regular Case Management Conferences and, if necessary order the parties to participate in good faith settlement discussions pursuant to Rule 17.4(a)(2)
The judge shall schedule regular Case Management Conferences and, if necessary order the parties to participate in good faith settlement discussions pursuant to Rule 17.4(a)(2)
Criminal cases
Page 4 | Scheduling Conference
Case Management Conferences will be scheduled every 45 to 60 days.
Case Management Conferences will be set every 45-60 days.
Criminal cases
Page 9 | Scheduling Conference & Joint Case Management Plan
Adjournment & Extension Requirements
A motion to continue trial beyond the last day must be written and show extraordinary circumstances and that delay is indispensable to the interests of justice; it should generally state the positions of all other parties.
Motions to continue trial beyond the last day must be submitted in writing, show extraordinary circumstances, and demonstrate why delay is indispensable to the interests of justice. Rule 8.5, Ariz. R. Crim. P. Motions to continue should, as a general rule, state the positions of all other parties to the case.
Criminal cases
A request or motion to continue the trial date or extend the last day in a complex case must be in writing pursuant to Rule 8.5.
Any request or motion to continue the trial date or extend the last day in a complex case must be in writing, pursuant to Rule 8.5.
Criminal cases
Page 3 | Continuances
Any request or motion to continue the trial date or extend the last day in a complex case must be in writing pursuant to Rule 8.5.
Any request or motion to continue the trial date or extend the last day in a complex case must be in writing, pursuant to Rule 8.5.
Criminal cases
Page 5 | Continuances
a. The party who requested the continuance; b. A statement whether the opposing party opposed the continuance, stipulated to the continuance or took no position on the request for continuance; c. If the continuance is on the court's own motion, a statement whether any of the parties opposed the continuance, agreed to the continuance or took no position on the continuance.
a. The party who requested the continuance; b. A statement whether the opposing party opposed the continuance, stipulated to the continuance or took no position on the request for continuance; c. If the continuance is on the court's own motion, a statement whether any of the parties opposed the continuance, agreed to the continuance or took no position on the continuance.
Criminal cases
Page 7 | Continuances
Chambers Communication Rules
If the parties agree to extend filing deadlines, they should inform the Division so it can track the briefs.
But, if the parties agree to extend filing deadlines, please let the Division know so we can track the briefs.
Criminal cases
The Court encourages email communication if all parties to the case are copied.
The Court encourages communication via email, provided that all parties to the case are copied.
Criminal cases
Counsel who are delayed should email the applicable judicial division with a reasonable estimate of when they will be available.
If counsel find themselves delayed, they should email the applicable judicial division and provide a reasonable estimate as to when they will be available.
Criminal cases
Direct any motion or request that needs immediate attention to the judge’s judicial assistant.
If you have a motion or request that you would like to have addressed immediately, please direct it to my judicial assistant, Alissa McCabe.
Criminal cases
The Division’s Judicial Assistant can be reached at the listed email address, and the division can be reached at the listed phone number.
The Division’s Judicial Assistant is Alissa McCabe. She can be reached at Alissa.McCabe@jbazmc.maricopa.gov. The division phone number is 602-372-2925.
Criminal cases
Attorneys may contact the Judicial Assistant about a problem the judge could likely address through a brief status conference.
Attorneys may contact my Judicial Assistant if a problem arises that I would likely be able to address through a brief status conference.
Criminal cases
Counsel may copy the Court by email on filed documents to support timely delivery and review, particularly Joint Case Management Plans and Reports.
Counsel should feel free to copy the Court via email on documents that are filed to ensure timely delivery and review (particularly Joint Case Management Plans and Joint Case Management Reports).
Criminal cases