Judge David W. Garbarino
Individual Rules, Standing Orders & Policies
Limits & Logistics
Courtesy Copies
All filings
- Email • Upon Filing
Courtesy copies
- Email • Immediately Upon Filing
Communication
Chambers
Document Format Requirements1 rule
Please double space your motions and avoid handwriting motions if possible.
- Line spacing
- Double
- Motion
Formatting
- •Avoid handwriting motions if possible
Document Filing Requirements6 rules
Requests for expedited or emergency consideration should describe prior efforts to expedite and explain in detail why expedited treatment is appropriate and necessary.
Court's wording
If expedited or emergency consideration is requested for any motion, the request should (1) state what has already been done to attempt to expedite the matter (personal consultation with opposing counsel, email service on opposing party, etc.) and (2) explain in detail why expedited or emergency consideration is appropriate and necessary.
Please always provide proposed orders for all motions and stipulations (not petitions unless requested).
When e-filing a motion or stipulation, lodge its proposed order separately in Word format; PDF or attached orders cannot be modified or signed in e-file.
Include
- •Proposed order
Court's wording
If you are filing a motion or stipulation in e-file, please lodge a proposed order separately in Word format with your filing. Orders submitted in e-file in PDF format or orders attached to the motion/stipulation cannot be modified and/or signed in e-file.
File an AFI in cases involving spousal maintenance, child support, or attorney's fees, and update it if its information changes while the matter is pending.
Court's wording
If a case involves spousal maintenance, child support, or a request for attorney's fees, please always file an Affidavit of Financial Information (“AFI”), and file an updated AFI if any information contained on your original AFI changes while the matter is pending.
The rules require that you exchange any exhibits and witnesses with the other party 30 days before your trial. You must include what topics the witnesses are going to discuss, as well as contact information for them.
If you are filing a Motion for Temporary Orders Without Notice, a proposed order must be provided.
Filing & Service rules
Electronic Filing Rules
Self-represented litigants may submit exhibits in person to judicial staff or electronically using Case Center Digital Evidence.
For self-represented litigants, exhibits must be submitted to the Court either in person to judicial staff or electronically using Case Center Digital Evidence.
Page 1 | Exhibits
Self-represented litigants may submit exhibits in person to judicial staff or electronically through Case Center Digital Evidence; attorneys must use Case Center Digital Evidence.
For self-represented litigants, exhibits must be submitted to the Court either in person to judicial staff or electronically using Case Center Digital Evidence. Attorneys must submit exhibits using Case Center Digital Evidence.
Page 1 | Exhibits
Filing Timing and Cure Windows
Physical audio or video exhibits must be submitted to the Clerk for marking five court days before trial.
THESE MUST BE SUBMITTED FIVE COURT DAYS PRIOR TO YOUR TRIAL TO THE CLERK FOR MARKING.
Page 1 | Trial Practice and Procedure
Courtesy Copy Requirements
After filing a Motion for Temporary Orders Without Notice, provide the Division a hard copy or email copy; if emailing, also call to alert the Division.
Once the motion has been filed, please provide a hardcopy to the Division by personally delivering the motion or emailing a copy of the motion to the Division email. If email is used, please also call the Division to alert us to the motion.
Page 1 | Motion Practice — Generally
For expedited or emergency consideration, deliver the papers to the Division when filing by hard copy or email; if emailing, also call to alert the Division.
Further, simply filing papers with the Clerk of Court does not result in immediate delivery of those papers to the Division. If you are requesting expedited or emergency consideration, you need to deliver the papers to the Division at the time of filing by providing hardcopies to the Division in addition to those filed with the Clerk of Court or emailing a copy to the Division at the email address above. If you are emailing a copy, please also call the Division to alert us to the email.
Page 1 | Motion Practice — Generally
Filing Bundling Requirements
File separate motions for separate motions or forms of relief rather than combining them in one filing.
Please do not combine two or more motions with a single filing. When requesting different forms of relief in a motion (not a petition), please file a separate and distinct motion to address each form of relief requested. For example, if you are requesting that the court grant leave to serve the opposing party by alternative means and you are asking the Court for a continuance, please file two separate motions: (1) a motion to serve the opposing party by alternative means and (2) a motion for a continuance.
Page 1 | Motion Practice — Generally
File modification petitions separately from enforcement petitions.
Do not, however, combine petitions for modification with petitions to enforce.
Page 1 | Motion Practice — Generally
A single petition may include multiple requested forms of relief for the specified modifications or enforcement.
For petitions asking for changes to legal decision-making, parenting time, and/or child support orders, one petition for all forms of relief requested is acceptable. Similarly, petitions to enforce legal decision-making, parenting time, and/or child support orders only require a single filing.
Page 1 | Motion Practice — Generally
Pre-Motion Conference Requirements
At the outset of a discovery dispute, the judge prefers a joint request for a status conference rather than written motions to compel or for sanctions; after the conference is set, file a two-page statement of the issues and each party's position.
Please do not file written motions to compel and/or for sanctions at the outset of a discovery dispute. My preference is that you jointly request a status conference by contacting the Division. We will endeavor to fit you in within 1-2 weeks for a brief telephonic conference. Once the teleconference is set, please file a brief two-page statement describing the issues and each party's position.
Page 1 | Discovery or Disclosure Disputes and/or Sanctions
Chambers Communication Rules
Written communications to the Division must use its email address, copy all other counsel or unrepresented parties, and must not be directed to the judge personally.
If you need to communicate with us, please use the email address nwj03@jbazmc.maricopa.gov. For any written communication, including an email, you must copy all other counsel or unrepresented parties on any written communication to the Division. Written communications that do not comply with this requirement will not be acted upon until all attorneys and/or litigants are copied. Please do not attempt to contact me directly, even if you copy other counsel on the email.
Page 1 | General
Again, please also make sure you follow up with the Division either by phone or in person to make sure the Division is aware of your motion.
Again, please also make sure you follow up with the Division either by phone or in person to make sure the Division is aware of your motion.
Page 1 | Motion Practice — Generally