Judge Quintin Cushner
Individual Rules, Standing Orders & Policies
Limits & Logistics
Document Limits
Courtesy Copies
Deposition Designations
Exhibits
Communication
Clerk
Phone
Clerk
Page & Word Limits2 rules
Absent good cause and leave, each party may file at most five motions in limine; they are limited to four pages, responses to four pages, and no replies are permitted.
- Motion in limine
- Up to 4 pages
Exception
More pages with leave of court
Court's wording
Absent leave of Court for good cause shown, each party may file no more than five Motions in Limine. Motions in Limine should address only matters that are extremely prejudicial and could result in a mistrial. Motions in Limine should not be filed on routine evidentiary matters. Motions in Limine asking the Court to enforce a particular rule of evidence should not be filed. 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.
Page limits should not be exceeded without leave of court.
Document Format Requirements4 rules
All citations shall be included in the body of the brief and not in footnotes.
Most motions are handled through eFile; lodge a Word-format electronic order form and omit “Proposed” or “[Proposed]” from it.
- File type
- Word
- Proposed order
Formatting
- •Lodge a Word-format electronic form of order with the motion
Court's wording
This division handles most motions via eFile; please lodge a Word format electronic form of order. Please do not include the word “Proposed” or “[Proposed]” on Word format forms of order; omitting it makes e-filing more efficient for the Division.
Please only include cited excerpts from lengthy documents (i.e., deposition transcripts). This Court prefers condensed transcripts to be attached to motions or fact statements rather than the full-size transcripts.
- Motion
- Fact statement
Formatting
- •Include only cited excerpts from lengthy documents such as deposition transcripts
Proposed orders of any kind should be lodged in eFile as separate Word documents related to the filing they accompany; there is no need to include the word “Proposed” on the Word format order.
- File type
- Word
- Proposed order
Document Filing Requirements3 rules
For longer extensions, or those affecting Court-ordered deadlines or hearings, please e-file a motion or stipulation, lodging with it a Word format electronic form of order.
Counsel and self-represented Parties submitting courtesy copy exhibits to this division's staff shall affirm in the transmitting email that they are accurate electronic copies of the exhibits provided to the Clerk of the Superior Court, via CaseCenter or otherwise, for the hearing or trial.
An e-filed pleading with more than five exhibits must include bookmarks to every attached exhibit in the pleading’s PDF.
Court's wording
All e-filed pleadings, including, but not limited to, summary judgment pleadings, that contain more than 5 exhibits shall contain bookmarks to all exhibits attached to your pleading(s). All bookmarks must be contained in your e-filed pleading in pdf format.
Filing & Service rules
Filing Timing and Cure Windows
Email necessary documents other than actual exhibits to division staff by noon on the court day before a hearing or trial.
Please plan to submit necessary documents other than actual exhibits (proposed orders, Court’s copy of exhibits per the below, etc.) via email to Division staff at least by noon the court day before a hearing or trial.
Page 1 | Specific Requirements or Preferences
A pleading lacking required bookmarks will be rejected; a properly bookmarked replacement must be e-filed within 14 days, and the Court may disallow a pleading not re-filed within four days.
Failure to provide the bookmarks 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 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 4 days.
Page 1 | Motion Practice
Courtesy Copy Requirements
Do not provide exhibit materials to the Court as hard copies, on a thumb drive, or by email.
The Court does not want hard copies of the exhibits, and the Court does not want the materials on thumb drive or email.
Page 1 | Motion Practice
Courtesy hard copies are not required except for deposition designations under the Trial Setting minute-entry procedure, when paper transcript copies with objection and response charts or annotations are helpful.
Judge Cushner does not require courtesy hard copies of any item, unless you are submitting deposition designations per the procedure noted in the Trial Setting minute entry. Only then are paper copies of designated deposition transcripts with objection and response charts/annotations helpful.
Page 1 | Specific Requirements or Preferences
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. 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. This applies to requests for attorneys’ fees or sanctions. Such requests should be made by separate motion.
Page 1 | Motion Practice
Jury exhibit notebooks are encouraged; counsel should discuss their contents and try to agree, with disagreements addressed at the pretrial management conference.
Jury exhibit notebooks are encouraged. Counsel should discuss the notebooks and try to agree on what goes in the notebook. If they disagree, then this can be discussed at the pre-trial management conference.
Page 1 | Joint Pre-Trial Memo and/or Conference; Exhibits and Objections
Pre-Motion Conference Requirements
Discovery and disclosure disputes that could be addressed under Rules 26(c) or 37(a) must first follow Rule 26(d)’s expedited procedure.
This Division requires strict compliance with Ariz. R. Civ. P. 26(d), the Expedited Procedure for Resolving Discovery and Disclosure Disputes. All disputes between parties that could be addressed in motions for protective order under Rule 26(c) or motions to compel discovery or disclosure under Rule 37(a) must first proceed pursuant to Rule 26(d).
Page 1 | Discovery or Disclosure Disputes and/or Sanctions
Motions in limine may not be filed in bench trials without leave of Court.
Motions in Limine should not be filed in bench trials without leave of Court.
Page 1 | Motion Practice
Full briefing of covered discovery disputes requires advance Court permission; unauthorized full briefing may result in summary denial, though the Court may later permit it.
The Court may decide to later permit full briefing under Ariz. R. Civ. P. 26(d)(1), but the parties may not engage in full briefing without the advance permission of the Court. Attempted full briefing without advance permission of the Court subjects any such motion by a party to summary denial.
Page 1 | Discovery or Disclosure Disputes and/or Sanctions
Each party may file no more than five motions in limine absent leave of Court for good cause shown.
Absent leave of Court for good cause shown, each party may file no more than five Motions in Limine.
Page 1 | Motion Practice
A trial date will not be set until ADR or mediation, discovery, and dispositive motions are complete; if they are incomplete before the trial-setting conference, the parties must seek to vacate and reset it.
The Court will not set a trial date until: (1) the parties have completed their ADR or Mediation; AND (2) all discovery is completed; AND (3) any dispositive motions have been fully resolved. If all of these items are NOT complete prior to a trial-setting conference, the parties must seek to vacate and reset that conference to an appropriate date.
Page 1 | Trial Schedule
Supplemental briefing may not be filed without leave of Court.
No party should file supplemental briefing without leave of Court.
Page 1 | Motion Practice
Each party may file only one summary judgment motion unless the Court grants leave for good cause shown.
The Court permits only one Motion for Summary Judgment per party absent leave of Court for good cause shown.
Page 1 | Motion Practice
Adjournment & Extension Requirements
When the parties agree to a brief extension of a response or reply deadline, email division staff and copy all counsel and self-represented parties.
If agreement on a brief extension of a response or reply deadline is reached, please email division staff at (CVJ03@JBAZMC.maricopa.gov), copying all counsel and self-represented parties to advise of that.
Page 1 | Motion Practice
Chambers Communication Rules
Do not message a testifying witness or side-chat a party during a virtual proceeding; advise clients and witnesses that the same courtroom formalities and prohibitions apply.
In any event, do not use Court Connect, GoToMeeting, or any other text or electronic platform to chat or message a witness while they are testifying or to side-chat any party in a virtual proceeding. Chat-logs are public and permanent, and virtual court proceedings operate with the same formality and prohibitions as in-person proceedings. Please advise clients and witnesses of the same.
Page 1 | Other Courtroom Policies and Recommendations
Do not email Judge Cushner directly about a case or use an electronic platform to chat with the Judge, whether on or off the record.
Please do not email Judge Cushner directly about a case, even if you copy all counsel on the email. Please also do not use Court Connect, GoToMeeting, or any other electronic platform to ‘chat’ Judge Cushner, whether we are on the record or off the record at the time.
Page 1 | Other Courtroom Policies and Recommendations
Contact division staff, rather than the Judge directly, to communicate with the Division.
If you need to communicate with the Division, please contact staff at the email addresses listed above.
Page 1 | Other Courtroom Policies and Recommendations
Counsel may use courtroom electronic equipment and should schedule an appointment with court staff before trial to discuss its use.
Electronic equipment is available in the courtroom, which counsel are free to use. Please make an appointment before trial with court staff to talk about how to use the equipment.
Page 1 | Trial Practice and Procedure
Report an agreed brief response or reply extension by email to division staff, copying all counsel and self-represented parties.
If agreement on a brief extension of a response or reply deadline is reached, please email division staff at (CVJ03@JBAZMC.maricopa.gov), copying all counsel and self-represented parties to advise of that.
Page 1 | Motion Practice
Division staff may be reached by telephone or email at the listed contact details.
Division Staff are reachable via (602) 372-2366 and via email at CVJ03@JBAZMC.maricopa.gov.
Page 1 | Specific Requirements or Preferences
The Court will try to explain procedure to self-represented parties but cannot give legal advice, and all parties are bound by the rules equally.
The Court understands that when a party is appearing in propia persona (representing him/herself without an attorney), the process can be scary and confusing. The Court will do its best to explain the process to unrepresented parties during the hearing or answer questions about process. If you have questions, it is best to ask. But the Court cannot give legal advice. Please note that all parties, whether represented by an attorney or unrepresented, are bound by the Rules equally.
Page 1 | Motion Practice