az-hearings · diff

v0.1.0 to v0.1.1

12 added, 16 removed. Audit A to A.

---
name: az-hearings
description: >
- Use when preparing for or conducting a hearing in an Arizona court
- (Superior Court or a limited-jurisdiction Justice Court). Triggers
- include "Arizona motion hearing", "Rule 7.1 oral argument Arizona",
- "request oral argument Arizona", "remote hearing Arizona", "telephonic
- hearing Arizona", "scheduling conference Rule 16 Arizona", "Arizona
- case management conference", "comprehensive pretrial conference
- Arizona", "compulsory arbitration hearing Arizona", "Rule 72 arbitration
- Arizona", "Arizona settlement conference", "courtroom etiquette
- Arizona", "hearing-day checklist Arizona", "how do I argue a motion in
- Arizona". Covers motion practice and oral argument under Ariz. R. Civ.
- P. 7.1 (including when the court may decide on the briefs without oral
- argument), remote/telephonic appearances, scheduling and case-management
- conferences under Rule 16, the comprehensive pretrial conference,
- compulsory-arbitration hearings under Rules 72-77, courtroom etiquette,
- and the hearing-day packet.
- version: 0.1.0
+ Use when preparing for or conducting a hearing in an Arizona court (Superior
+ Court or Justice Court). Triggers: "Arizona motion hearing", "Rule 7.1 oral
+ argument Arizona", "request oral argument Arizona", "remote hearing Arizona",
+ "telephonic hearing Arizona", "scheduling conference Rule 16 Arizona", "Arizona
+ case management conference", "compulsory arbitration hearing Arizona", "Rule 72
+ arbitration Arizona", "courtroom etiquette Arizona", "hearing-day checklist
+ Arizona", "how do I argue a motion in Arizona". Covers motion practice and
+ oral argument under Ariz. R. Civ. P. 7.1 (critical: court may decide on briefs
+ without oral argument even if requested), remote/telephonic appearances, Rule
+ 16 scheduling and case-management conferences, compulsory-arbitration hearings
+ under Rules 72-77, courtroom etiquette, and hearing-day packet.
+ version: 0.1.1
---
# Arizona Hearings
> **NOT LEGAL ADVICE.** Hearing-preparation aid only. Verify against the
> assigned judge's procedures, the court's local rules, and the court's
> current remote-appearance instructions before any hearing.
Use this skill alongside `az-statewide-format` and the specific venue
skill (`az-maricopa`, `az-pima`, `az-superior-courts`,
`az-justice-courts`) when preparing for, attending, or following up on a
hearing.
## Motion practice and oral argument — Ariz. R. Civ. P. 7.1
Civil motion practice is governed statewide by **Ariz. R. Civ. P. 7.1**.
Key mechanics (see `az-law-references` for current text, day counts, and
page limits):
- **Motion, response, reply** — Rule 7.1(a): a motion states the relief
sought and the grounds, and is supported by a memorandum where required.
The opposing party files a **response** within the rule's window
(generally **10 days** after service of the motion under Rule 7.1(a)(3);
add time for service by mail under **Rule 6(c)**), and the movant may
file a **reply**. Compute every date with `az-deadlines`.
- **Request for oral argument** — a party may **request oral argument**,
typically by including the request in the caption or in the
motion/response. The request is a request, not a guarantee.
- **Court may decide on the briefs** — under **Rule 7.1(d)** the court
**may decide motions without oral argument, even if oral argument is
requested** (subject to Rule 56(c)(1)). Do not assume you will
be heard live; many civil motions are submitted on the briefs. Check the
assigned judge's procedures and watch the docket for either a hearing
notice or a ruling under advisement.
- **Accelerated / expedited rulings** — the court may shorten time where
grounds exist; confirm whether the matter is set on shortened time.
> Agent behavior: do **not** state that oral argument will occur. Frame it
> as requested and contingent on the court setting it; under Rule 7.1(d)
> the court may decide on the briefs even if oral argument is requested.
## Remote and telephonic appearances
Arizona courts broadly adopted **video and telephonic proceedings**
following the 2020 Arizona Supreme Court administrative orders, and remote
appearances remain widely available at the court's discretion. Many
Superior Court and Justice Court matters — status conferences, oral
argument, some evidentiary hearings — proceed by **two-way video** (often
a court-hosted platform) or by telephone.
> Agent behavior: do **not** assume a platform or a meeting ID. Whether a
> hearing is in-person, video, or telephonic is set by the court's current
> practice and the assigned judge. **Confirm the court's current
> remote-appearance practice** and pull the link/dial-in from the court's
> website or the most recent notice. Meeting IDs change — never cache or
> guess them.
If the hearing is remote, the general etiquette holds:
- Join **early** (10-15 minutes) using the court's published link/number.
- Use your **full legal name** as the display name.
- **Mute** on entry; unmute only when addressed.
- **Camera on** unless the court directs otherwise.
- **Quiet, professional background**; test audio and video first.
## Scheduling and case-management conferences — Rule 16
**Ariz. R. Civ. P. 16** governs the **scheduling conference** and
**case-management conference**. The court typically enters a **scheduling
order** fixing discovery deadlines, disclosure obligations, ADR/arbitration
status, dispositive-motion cutoffs, and trial. Come prepared to discuss the
Rule 16 agenda items (the proposed case-management plan, discovery scope,
ADR, and a realistic trial timeframe).
- **Comprehensive pretrial conference** — Rule 16 also provides for a
**comprehensive (final) pretrial conference** before trial, where the
court addresses the joint pretrial statement, exhibits, witnesses,
motions in limine, and trial logistics. Arrive with the pretrial
statement complete and exhibits pre-marked.
- Confirm whether each Rule 16 conference is in person, by video, or
telephonic.
## Compulsory arbitration — Rules 72-77
Civil cases at or below the county's jurisdictional threshold are subject
to **compulsory arbitration** under **Ariz. R. Civ. P. 72-77**. The
threshold is set by **local rule per county** (commonly $50,000 in the
larger counties) — confirm the current figure for the venue via
`az-law-references` / the local rule before assuming a case is in or out.
- **Arbitrator appointment** — Rule 73: the court appoints an arbitrator
from the county list (members of the State Bar of Arizona).
- **Hearing window** — the arbitration **hearing** is set within the
rule's window after the arbitrator's appointment (generally **not fewer
than 60 nor more than 120 days**). The **Arizona Rules of Evidence apply**
at the hearing (Rule 75).
- **Award and appeal de novo** — the arbitrator issues a written award; any
party may **appeal for a trial de novo** in Superior Court within the
rule's deadline, after which the case proceeds as an ordinary lawsuit
(discovery and jury trial available). Note the rule's **cost/sanction
consequences** for an appellant who fails to improve on the award.
Settlement conferences and other ADR (mediation) may also be ordered;
arrive with settlement authority and a current exposure analysis.
## In-person hearings — etiquette
- Arrive **early** (30 minutes) to clear security.
- **Dress** in business attire; self-represented filers should wear
business-casual at minimum (no shorts, hats, or athletic wear).
- **Phones** silenced and put away.
- **Stand** when addressing the court ("May it please the Court, Your
Honor").
- Address the judge as **"Your Honor"**; refer to opposing counsel and
parties by **"Mr./Ms. [surname]"** from the podium.
## Hearing-day packet — what to bring
| Item | Purpose |
|---|---|
| 2 paper copies of each filing (court + opposing party) | Even in e-filed (AZTurboCourt) cases, have hard copies at the podium |
| Judge's copy (if local rule / procedures require one) | Some courts want a courtesy copy in advance |
| The relevant Ariz. R. Civ. P. / Ariz. R. Evid. excerpts (printed, tabbed) | Have the governing rule text at hand (see `az-law-references`) |
| Key cases (printed; flagged published vs. depublished) | Flag the dispositive authorities |
| Witness outlines (if evidentiary) | One per witness; sequential exam outline |
| Exhibit list + copies | Original + court copy + opposing-party copy of each exhibit |
| Proposed order / form of judgment (1 copy + 1 spare) | The court may sign at the hearing; see `az-submit-order` |
| Notepad + 2 pens | Notes during the hearing |
## Oral argument — structure
A workable structure for an Arizona civil motion:
1. **Opening** (~30 sec). "May it please the Court, [Name] for the
[Plaintiff / Defendant]. This is [Movant]'s Motion to [Dismiss /
Compel / for Summary Judgment]. We respectfully ask the Court to
[grant / deny] for [N] reasons."
2. **Roadmap** (~30 sec). "First... Second... Third..."
3. **Substantive argument** — lead with the strongest point; cite the
governing Ariz. R. Civ. P., Ariz. R. Evid., or case; tie back to the
record.
4. **Address counter-arguments candidly** — answer the court's questions
directly; do not duck weaknesses.
5. **Reserve rebuttal** if you are the movant.
6. **Closing** (~15 sec). "For these reasons, [Movant] respectfully asks
the Court to [grant / deny]. Thank you, Your Honor."
## Evidentiary hearings — special considerations
For evidentiary hearings (injunctions, contempt, post-judgment debtor
exams, disputed-fact motions, arbitration hearings under Rules 72-77):
- **Subpoena witnesses** in advance under Ariz. R. Civ. P. 45.
- **Pre-mark exhibits** per the court's numbering convention.
- **Witness exclusion** — request under Ariz. R. Evid. 615 if helpful.
- **Stipulations** — confer beforehand to stipulate to undisputed facts and
to authentication of routine business records under Ariz. R. Evid.
803(6) / 902 (see `az-law-references`).
- **Record** — confirm with the clerk how the proceeding is recorded (and
how the record is made for a remote/telephonic hearing).
## Adjournments / continuances
- **Confer with the opposing party first** — stipulated or unopposed
motions to continue are far more likely to be granted.
- File the motion / stipulation **before** the setting, stating the current
date, the reason, whether opposing counsel agrees, and proposed new
dates. Many courts want a proposed order.
## Composition
- For format: `az-statewide-format`
- For courthouse logistics (location, security, division): `az-maricopa`,
`az-pima`, `az-superior-courts`, `az-justice-courts`
- For scheduling / noticing the hearing: `az-schedule-hearing`
- For drafting the motion and supporting papers: `az-draft-motion`,
`az-draft-declaration`, `az-draft-note`
- For the post-hearing order: `az-submit-order`
- For deadline arithmetic (response/reply windows): `az-deadlines`
- For canonical Ariz. R. Civ. P. / Ariz. R. Evid. text and local rules:
`az-law-references`