Judge Scott Blaney
Individual Rules, Standing Orders & Policies
Limits & Logistics
Document Limits
Page & Word Limits2 rules
Each party is limited to two motions in limine containing a maximum of four pages of facts, argument, etc. Each motion shall be limited to one issue.
- Motion
- Up to 4 pages per party
The Court will consider expanding the briefing from three pages to six pages upon a showing of good cause in exceptional cases.
- Brief
- Up to 3 pages
Document Filing Requirements5 rules
Covered motions must include a separate statement certifying and demonstrating good-faith consultation, which must occur in person or by telephone rather than only by letter or email.
- Document
- Motion
Must include
- •Certificate of conference
Court's wording
Please remember that when using the procedures under Rule 26(d), or many other Rules governing the filing of motions, resolution of disputes, or seeking of sanctions, the moving party is required to “attach to the motion a separate statement certifying and demonstrating that the movant has tried in good faith to resolve the issue by conferring with, or attempting to confer with – the party against whom the motion is directed. The consultation must be in person or by telephone and not merely by letter or email.” Rule 7.1(h), Ariz.R.Civ.P. (emphasis added).
Counsel may instruct a deponent not to answer only when necessary to preserve a privilege, to enforce a limit already ordered by the Court, or to present a motion under Rule 30(d)(3). Otherwise, the deponent must answer and the testimony is taken subject to any objection.
All filings shall be fully self-contained and shall not “incorporate by reference” other separate filings for review and consideration as part of the pending filing.
Outside or personal recording of a hearing by any means (cell phone, tape recorder, laptop, etc.) is prohibited without prior approval from the Court.
Depositions are to be scheduled with cooperation and input from the opposing party, unless the opposing party is unreasonably failing to cooperate in scheduling.
Filing & Service rules
Service and Proof of Service Rules
A party intending to use exhibits in opening statement must show them to opposing counsel at least 24 hours beforehand.
If any party intends to use exhibits during opening statements, the exhibits must be shown to opposing counsel at least 24 hours in advance of their use.
Page 1 | Trial Practice and Procedure
The Court will likely order parties, where feasible, to serve pleadings, other filings, and discovery materials by mail and email.
To minimize costs and memorialize communications between parties, the Court will likely order the parties to serve pleadings, other court filings and discovery materials (to the extent feasible) by mail and email, as provided in Rule 5(c)(2)(C)&(D).
Page 1 | Motion Practice
Filing Bundling Requirements
Motions, responses, replies, and other filings must be submitted separately; combined filings will not be accepted.
All motions, responses, replies and other filings must be submitted individually. Counsel shall not combine any motion with a responsive pleading. All motions are to be filed separately and designated as such. No filing will be accepted if filed in combination with another.
Page 1 | Motion Practice
Required or court-ordered joint documents must be filed jointly, unless an opposing party fails to participate in good faith, in which case a party may file separately and notify the Court why.
When a rule requires a document to be filed jointly, or the Court so orders, the document must be filed jointly. If an opposing party fails to participate in the joint filing in good faith, a party may file the document separately and notify the Court of the opposing party’s conduct or inaction that necessitated the separate filing.
Page 1 | Motion Practice
Pre-Motion Conference Requirements
Discovery and disclosure disputes covered by the specified rules must first follow Rule 26(d)’s expedited procedure.
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
Chambers Communication Rules
Documents must be filed by the date ordered, with copies emailed to the division and provided to the other party at filing.
When a Minute Entry or other Order directs the parties to file a document, the Court expects that the document will be filed by the required date. Copies must be emailed to this division and provided to the other party at the time of filing.
Page 1 | Motion Practice
Written communications with the Court must copy the opposing party unless an exception permits ex parte communication.
Any written communication with the Court, such as email, must copy the opposing party unless a specific exception allowing for ex parte communication applies.
Page 1 | Motion Practice
Parties may call the Court to request a short telephonic hearing for a deposition dispute, may proceed with the deposition while waiting, and are advised to alert the Court in advance if multiple disputes are anticipated.
When a dispute arises during a deposition, the parties may call the Court to seek a short telephonic hearing; recognizing that it may take some time to get the judge and the clerk on the phone. The parties may therefore need to instruct the court reporter to mark the disputed portion of the transcript and proceed with the rest of the deposition until the judge and clerk are available for the call. If the parties anticipate that a particular deposition will involve multiple disputes, it is best to alert the Court to the possibility that a telephonic hearing will be needed in the days prior to the deposition.
Page 1 | Discovery or Disclosure Disputes and/or Sanctions