Superior Court of Arizona in Maricopa County Adjournment & Extension Requirements

CRITICALCriminal cases

For a first continuance in EDC Court, file a motion stating the opposing side’s position; the continuance is granted if the plea, discovery, and waiver of time are in place.

For EDC Court, for a first continuance you may file a motion with the opposing side's position and if you have the plea, discovery and waive time, I will give one continuance.

CRITICALCriminal cases

Other further continuance requests must be made on the record and are granted only in exceptional circumstances.

Any other further continuances will be called on the record and only granted in exceptional circumstances.

CRITICAL

Requests to extend a deadline or continue a hearing must be made by timely motion and include a proposed form of order.

If you need a deadline to be extended or a hearing date to be continued, then file a motion requesting that relief on a timely basis, and provide us a proposed form of order.

CRITICAL

A written motion or stipulation is required to schedule, reschedule, continue, or vacate a hearing.

Motions to Continue/Vacate: The Court requires a written motion or stipulation to schedule, reschedule, continue, or vacate hearings.

CRITICAL

Parties must arrange with the court team to learn the technology; continuances due to technology failure cannot be granted, and the party using the technology bears the risk of malfunction.

If you are going to be calling a witness or appearing virtually, the responsibility for making arrangements with my team to know how to work the technology is on the parties. Given the caseloads in our court system, continuances resulting from non-working technology cannot be granted, and the party attempting to use the technology assumes the risk of the non-functioning technology.

CRITICAL

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.

CRITICALCriminal cases

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.

CRITICALCriminal 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.

CRITICALCriminal cases

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.

CRITICAL

A motion to continue must state the opposing party's position or describe the attempt to contact them if they could not be reached.

If you are filing a Motion to Continue - please indicate the opposing party's position or if unable to contact, please describe attempt made.

CRITICALCivil cases

A party seeking an extension of scheduling-order deadlines must file a motion or stipulation before the deadlines expire.

If a party, or the parties jointly, find that they need an extension of deadlines in the scheduling order, they shall file a motion or stipulation to extend the deadlines before the deadlines expire.

CRITICALCivil cases

Motions to continue or extend time must state the other party’s position or efforts to obtain it; otherwise, they may be lodged for response or denied without prejudice if response time is insufficient.

Motions to continue or to extend time that lack the position of the other party (or efforts made to obtain it) in accordance with Local Rule 2.14 will be lodged for response or denied without prejudice if insufficient time for response remains prior to the hearing or deadline.

CRITICALCivil cases

A trial continuance motion filed less than 30 days before trial requires a showing of extraordinary circumstances.

Motions to continue the trial filed less than thirty (30) days before trial will not be granted absent a showing of extraordinary circumstances.

CRITICALCivil cases

A trial continuance motion filed more than 30 days before trial requires a showing of good cause.

Motions to continue the trial filed more than thirty (30) days before trial will not be granted absent a showing of good cause.

CRITICAL

If an intended court attendee has a COVID-19 diagnosis, exposure, or symptoms, the lawyer or affected person must contact the division by email or phone to request a continuance, waive the person’s appearance, or arrange a telephonic appearance.

If you or someone you represent intends to appear in court and has been diagnosed with COVID-19, has had exposure to COVID-19, or has symptoms of COVID-19 as set forth by the CDC, the lawyer or affected person must contact the division by email (Shelby.DeMassari@JBAZMC.maricopa.gov) or phone (602) 506-0438 to have the hearing continued, to waive that person's appearance, or to arrange to appear telephonically.

CRITICAL

A request to vacate or continue a hearing must state the other parties’ position or describe a reasonable attempt to contact them, and include a form of order.

• Requests to vacate or continue a hearing must include the other parties’ position or indicate that a reasonable attempt was made to contact the other party, and a form of order.

CRITICAL

A motion must be filed for longer extensions or extensions that may affect court-ordered deadlines or hearings.

• If a short extension of a response or reply time is granted, please email division staff. For longer extensions, or extensions that may affect court-ordered deadlines or hearings, please file a motion.

CRITICAL

A request to vacate or continue a hearing must state the other parties’ position or a reasonable attempt to contact them and include a form of order.

Requests to vacate or continue a hearing must include the other parties’ position or indicate that a reasonable attempt was made to contact the other party, and a form of order.

CRITICAL

A request to extend time or continue a matter must state the opposing party’s position or that efforts to obtain it were unsuccessful.

Any request to extend time or continue a matter must include the position of the opposing party, or a statement that efforts to determine that position were unsuccessful.

CRITICAL

Requests to extend or continue deadlines or vacate hearings must provide the current and proposed deadlines, opposing-party agreement, specific good cause, and all parties’ positions; overdue requests must explain the delay.

When requesting to extend or continue deadlines or vacate hearings, parties must include: • the current deadline, • the proposed new deadline, • whether the opposing party agrees, • specific good cause supporting the request, and • the position of all parties. • requests made after a deadline has passed must explain the untimeliness.

CRITICALCivil cases

If required fingerprint information cannot be submitted at least 72 hours before the hearing, file a Motion to Continue.

If fingerprint information is required and not able to be submitted to the Court not less than 72 hours prior to the hearing, please file a Motion to Continue, as the Court will need to reset the hearing.

WARNINGCriminal cases

Second or subsequent continuances for Diversion paperwork only may be requested by triplicate motion.

Second or more continuances for Diversion paperwork only can also be done on a triplicate motion.

WARNING

To seek expedited consideration of a motion to continue, contact the opposing party before filing and state that party’s position in the motion; the Court will not grant it without knowing the opposing party’s position.

If you want a Motion to Continue to be addressed expeditiously, please reach out to the opposing party before filing the motion, and state the opposing party's position to your motion in the body of your motion. I cannot grant a Motion to Continue before knowing the other party's position.

WARNING

A party seeking a continuance should contact the other party to determine whether they can file a stipulation.

If you are seeking a continuance, please contact the other party to see if you can file a Stipulation.

WARNING

If the court has ordered that no further continuances will be granted, parties should be prepared to set and proceed to trial absent extraordinary circumstances.

Throughout your case, if the Court has previously ordered that no further continuances will be granted, the parties should be prepared to set and proceed to trial absent extraordinary circumstances.

WARNING

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.

WARNINGCriminal cases

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.

WARNING

• If you need a continuance, contact the other party to see if you can file a Stipulation.

• If you need a continuance, contact the other party to see if you can file a Stipulation.

WARNINGCivil cases

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.

WARNING

When the parties agree to a brief extension of a response, reply, or other pretrial deadline, email Division 46 staff, copy all counsel and self-represented parties, and advise them of the agreement and any related requests to the Court.

If agreement on a brief extension of a response or reply or other pretrial deadline is reached, please email, copying all counsel and self-represented parties, Division 46 staff (Jaime.Ferniza@jbazmc.maricopa.gov and Sebastian.Inman@jbazmc.maricopa.gov) to advise of that and make any related requests of the Court.

WARNING

Before seeking a continuance, contact the other party to see whether a stipulation can be filed.

If you need a continuance, first contact the other party to see if you can file a Stipulation.

WARNING

If the parties agree to extend a response or reply filing deadline, they should notify the court to avoid a ruling based on the expectation that no filing will be made.

If you have agreed to extend deadlines for filing a response or reply, please notify the court so that the court does not rule on the motion thinking that no response or reply will be filed.

WARNING

Before seeking a continuance, contact the other party to determine whether the parties can file a stipulation.

If you need a continuance, contact the other party to see if you can file a Stipulation.

WARNINGCivil cases

For agreed extensions, submit a stipulation and order reflecting the new deadlines.

If you have agreed to extensions, please submit a stipulation and order so that we can keep track of any new deadlines.

WARNING

When the parties agree to a brief extension of a response or reply deadline, file a Rule 7.1(g) notice stating the agreed deadline; no proposed order is required.

If agreement on a brief extension of a response or reply deadline is reached, please file a Rule 7.1(g) notice. The notice is sufficient and should indicate the agreed on extension deadline. No proposed order is required.

WARNING

When additional response or reply time is necessary, parties should try to agree and submit a stipulation.

If an extension of response or reply time is necessary, try to reach agreement among the parties, and submit a stipulation.

WARNINGCivil cases

• If you need a continuance, contact the other party to see if you can file a Stipulation.

• If you need a continuance, contact the other party to see if you can file a Stipulation.

WARNING

Email division staff when a short response or reply extension is granted; file a motion for a longer extension or one that may affect a court-ordered deadline or hearing.

If a short extension of a Response or Reply time is granted, please email division staff. For longer extensions, or extensions that may affect court-ordered deadlines or hearings, please file a motion.

WARNINGCivil cases

The Court generally denies same-day requests for additional trial time unless parties acted in good faith, used their allotted time appropriately, and still need time to fairly present evidence.

Generally, the Court will deny a request for additional trial time on the day of trial unless the parties have acted in good faith, made appropriate use of the time allotted, and still require additional time to fairly present evidence to the Court.

WARNING

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.

WARNING

Attorneys are expected to give advance notice if they anticipate that trial will not proceed as scheduled.

Judge Myers expects trials to proceed as scheduled, and expects attorneys to provide advance notice if they anticipate the trial will not proceed as scheduled.

WARNINGCivil cases

If you need a continuance, contact the other party to see if you can file a Stipulation.

If you need a continuance, contact the other party to see if you can file a Stipulation.

WARNING

If a continuance is needed, contact the other party to determine whether a stipulation can be filed.

If you need continuance, contact the other party to see if you can file a Stipulation.

INFO

If more time for a response or reply is necessary, the parties are encouraged to seek agreement and submit a stipulation.

If an extension of response or reply time is necessary, try to reach agreement among the parties, and submit a stipulation.

INFO

Parties and counsel are encouraged to make stipulations whenever possible, including stipulated continuance requests.

Parties and counsel are encouraged to make stipulations whenever possible (e.g. stipulated requests for continuances).

INFOCivil cases

If additional trial time is granted, the trial may be continued to a later date.

If additional time is granted, the trial may likely be continued to a later date.

INFOCivil cases

For an extension of response or reply time, parties are encouraged to seek agreement and submit a stipulation.

If an extension of response or reply time is necessary, try to reach an agreement among the parties, and submit a stipulation.

INFOCivil cases

Counsel are encouraged to provide the Court with background explaining requests to expedite or extend proposed deadlines.

While I am empathetic towards requests to expedite/extend proposed deadlines, I want to understand the reasons why such action is necessary. It is good practice for counsel to provide background to the Court when making such requests.