Judge Dewain Fox
Individual Rules, Standing Orders & Policies
Limits & Logistics
Document Limits
Courtesy Copies
Courtesy copies
Communication
Chambers
Page & Word Limits3 rules
Motions in Limine are to be no more than four pages in length and responses are no more than four pages in length. There are no replies.
- Motion
- Up to 4 pages
The joint discovery-dispute statement is limited to three pages, must include a certificate of good-faith consultation, and may not include exhibits; a mere threat letter or email does not by itself satisfy personal consultation.
- Joint statement of discovery or disclosure dispute
- Up to 3 pages
Court's wording
The joint statement must not exceed three pages and must contain a certificate of good faith consultation. A letter or email to the opposing attorney threatening to file a discovery motion if he or she does not respond does not, without more, satisfy the personal consultation requirement under the rules. No exhibits shall be included with the summaries. If, after reviewing a summary, the Court determines that it needs additional documents, division staff will contact the attorneys.
Page limits are enforced and should not be exceeded without leave of court.
Document Format Requirements1 rule
Before the Final Trial Management Conference, counsel should email the listed trial materials to Division staff in Word format.
- File type
- Word
- Jury instructions
- Proposed voir dire
- Joint statement of the case
- Deposition designations
Court's wording
Before the Final Trial Management Conference, all jury instructions, proposed voir dire, joint statement of the case (to be read to the jury) and deposition designations should be emailed in Word format to the Division's staff.
Document Filing Requirements3 rules
The joint discovery-dispute statement must contain a certificate of good-faith consultation and may not include exhibits.
Court's wording
The joint statement must not exceed three pages and must contain a certificate of good faith consultation. A letter or email to the opposing attorney threatening to file a discovery motion if he or she does not respond does not, without more, satisfy the personal consultation requirement under the rules. No exhibits shall be included with the summaries. If, after reviewing a summary, the Court determines that it needs additional documents, division staff will contact the attorneys.
No party should file supplemental briefing without leave of Court.
Counsel are strongly encouraged to lodge a proposed order in Word format when filing a motion through the eFile system.
Court's wording
Judge Fox rules on motions through the eFile system when possible. As such, counsel are strongly encouraged to lodge a proposed form of Order in Word format when filing a motion through the eFile system.
Filing & Service rules
Electronic Filing Rules
All trial exhibits must be submitted electronically through Case Center.
All exhibits must be submitted electronically through Case Center.
Civil cases
Page 1 | Joint Pre-Trial Memo and/or Conference; Exhibits and Objections
Service and Proof of Service Rules
Proposed judgments must be lodged and served on other parties, and the record must show service before the Court will enter judgment; do not submit the proposed judgment through e-Filing with a fee application.
Proposed forms of judgment need to be lodged and served on other parties pursuant to Arizona Rules of Civil Procedure 5.1(d) and 58. The Court will not enter a proposed form of judgment that is submitted through e-Filing with an Application for Attorneys' Fees, because the docket does not show that the form of judgment was served on the other parties. The record must show service before the Court will enter the proposed judgment.
Civil cases
Page 1 | Other Courtroom Policies and Recommendations
Courtesy Copy Requirements
For expedited relief or filings related to a hearing less than four days away, counsel should email Division staff a courtesy copy and copy all other counsel and unrepresented parties.
E-filed documents do not instantaneously arrive in the Division's inbox. As such, if a party is seeking expedited relief or the filing pertains to a hearing less than four days away, counsel should email a courtesy copy of the filing to Division staff. You must copy all other counsel and unrepresented parties when emailing a courtesy copy. Emails that do not include the other parties will not be read and will be deleted.
Civil cases
Page 1 | Motion Practice
Sealing & Redaction Procedures
To seek sealing under Rule 5.4, e-file a sealing motion, submit a proposed sealing order in Word format, lodge the document with the Clerk, and simultaneously email its electronic copy to Division staff; the order must identify the document and include required findings.
When seeking to file a document under seal pursuant to A.R.Civ.P. 5.4, the filing party must: (i) e-file a motion to file the document under seal; (ii) submit a proposed form of Order sealing the document in Word format through the eFile system; and (iii) lodge the document to be sealed at the Clerk's filing counter. The proposed Order sealing the document must specifically identify the document by title and date of lodging and contain the findings required by A.R.Civ.P. 5.4. The filing party also must simultaneously email an electronic copy of the document proposed to be sealed to the Division's staff. If the Court grants the motion to seal, the Clerk's Office will file the lodged document under seal.
Civil cases
Page 1 | Motion Practice
Filing Bundling Requirements
No party should include more than one motion in a single filing or combine a response and a motion or a reply and a motion in one filing (with the exception of a true cross-motion for summary judgment). This applies to requests for attorneys' fees or sanctions. Such requests should be made by separate motion.
No party should include more than one motion in a single filing or combine a response and a motion or a reply and a motion in one filing (with the exception of a true cross-motion for summary judgment). This applies to requests for attorneys' fees or sanctions. Such requests should be made by separate motion.
Civil cases
Page 1 | Motion Practice
Pre-Motion Conference Requirements
For covered discovery disputes, requests to compel action, or anticipated sanctions, counsel must personally confer in good faith; if unresolved, the parties must file a joint dispute statement and provide it to the Judicial Assistant.
The Court generally follows Civil Rule 26(d). The Court's dispute resolution procedures outlined below shall apply to the following circumstances: (1) the parties have a discovery dispute that needs to be addressed; (2) one party seeks to compel another party to take some action; or (3) a party intends to seek sanctions against another party. Under any of these circumstances, counsel must personally speak to each other and engage in good faith attempts to resolve the dispute. If they cannot do so, the parties must file a "joint statement of discovery or disclosure dispute" and provide a copy to the Division's Judicial Assistant.
Civil cases
Page 1 | Discovery or Disclosure Disputes and/or Sanctions
Adjournment & Extension Requirements
If the parties stipulate to a short extension for filing a response or reply, please advise the Court so we do not prematurely rule on the motion. For longer extensions that impact other deadlines in the case, please file a motion for extension. If the parties agree on the longer extension, the parties can file a joint motion or stipulation.
If the parties stipulate to a short extension for filing a response or reply, please advise the Court so we do not prematurely rule on the motion. For longer extensions that impact other deadlines in the case, please file a motion for extension. If the parties agree on the longer extension, the parties can file a joint motion or stipulation.
Civil cases
Page 1 | Motion Practice
Chambers Communication Rules
Division communications must be emailed to both assistants, copy all other counsel or unrepresented parties, and must not be sent directly to Judge Fox.
Judge Fox's Judicial Assistant and Courtroom Assistant cover for each other when one is not available. As such, if you need to communicate with our Division, please contact both the Judicial Assistant and the Courtroom Assistant using the above email addresses, and please be sure to include all other counsel or unrepresented parties on the email. Emails that do not comply with this requirement will not be read and will be deleted. Please do not contact Judge Fox directly, even if you copy other counsel on the email.
Civil cases
Page 1 | Specific Requirements or Preferences