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<s> [INST] What may a court require the parties to participate in unless the action is a lower court appeal or subject to compulsory arbitration under Rule 72? [/INST] One or more pretrial settlement conferences. </s>
<s> [INST] Where can you find the complete version of Arizona Rules of Civil Procedure? [/INST] ARCP Rule 16.1. </s>
<s> [INST] What does ARCP Rule 16.1 and Maricopa County Local Rule 3.11 allow the court to do in any civil case? [/INST] Direct parties to a settlement conference to facilitate settlement. </s>
<s> [INST] What types of cases are appropriate for ADR settlement conferences? [/INST] Tort motor vehicle non-death injuries, contracts, medical malpractice, and tort non-motor vehicle claims. </s>
<s> [INST] What must parties file for cases referred to ADR on or after 2/1/2023? [/INST] A Joint Certification of Readiness for Setting Settlement Conference Under Rule 16(i). </s>
<s> [INST] What information must parties confirm in the Joint Certification of Readiness? [/INST] Discovery and disclosure completion, no pending disclosure or discovery disputes, good faith settlement discussions, completion of anticipated private mediation, no pending or anticipated motions, obligations to facilitate scheduling, attendance and authority during the conference, compliance with advance materials submission, and understanding of possible sanctions. </s>
<s> [INST] What must counsel certify regarding Rule 16 and the certification requirement? [/INST] That they have discussed Rule 16 and the certification requirement with their clients. </s>
<s> [INST] What will happen if the Joint Request is not filed timely? [/INST] ADR will notify the assigned judge and an order vacating the ADR referral with leave for the parties to seek another referral after completing the certification process. </s>
<s> [INST] What is the contact information for the Arbitration Office? [/INST] Phone: 602-506-3850, Email: civilarbitration@jbazmc.maricopa.gov. </s>
<s> [INST] What rule outlines the duties to consider and attempt settlement by Alternative Dispute Resolution in family cases? [/INST] A.R.S. Rules Family Law Procedure, Rule 66. </s>
<s> [INST] What rule lists the types of Alternative Dispute Resolution for family cases? [/INST] A.R.S. Rules Family Law Procedure, Rule 67. </s>
<s> [INST] What types of cases are appropriate for ADR in family law? [/INST] Pre-decree dissolution cases, paternity and maternity matters, and grandparent visitation cases. </s>
<s> [INST] What is required to be furnished at least seven days prior to the scheduled family settlement conference? [/INST] A separate Family Confidential Settlement Conference Memorandum. </s>
<s> [INST] Where should the Family Confidential Settlement Conference Memorandum not be filed? [/INST] With the Clerk of Court. </s>
<s> [INST] Where should the Family Confidential Settlement Conference Memorandum be submitted? [/INST] To the Judicial Officer or Judge Pro Tempore assigned to the case, via e-mail or US Mail. </s>
<s> [INST] What additional information should be included when emailing the Family Confidential Settlement Conference Memorandum to adroffice1@jbazmc.maricopa.gov? [/INST] Case number, date & time of the settlement conference, and name of the Judicial Officer or Judge Pro Tempore. </s>
<s> [INST] What does Administrative Order No. 2021-144 pertain to? [/INST] Alternative Dispute Resolution Program Procedures for Family Court Cases. </s>
<s> [INST] What rule governs Settlement Conferences in probate cases? [/INST] A.R.S. Rules Probate Procedure, Rule 22. </s>
<s> [INST] What are the appropriate cases for probate settlement conferences? [/INST] Contested decedent estate cases, adult guardianship, and conservatorship matters. </s>
<s> [INST] What is a settlement conference? [/INST] A settlement conference is a meeting between the parties (and counsel, if represented) during which the parties attempt to settle issues and avoid trial. The conferences are informal and encourage discussion and creative problem solving. Settlement conferences allow the parties to be active participants in resolving their dispute rather than leaving the resolution to a judge or jury. </s>
<s> [INST] What types of cases are eligible for a family settlement conference? [/INST] All pre-decree dissolution cases, paternity and maternity matters, as well as grandparent visitation cases. </s>
<s> [INST] What types of cases are eligible for a civil settlement conference? [/INST] Tort non-motor vehicle, tort motor vehicle, contracts, medical malpractice, and other cases as deemed appropriate by the judge. </s>
<s> [INST] What types of cases are eligible for a probate settlement conference? [/INST] Contested decedent estate cases, adult guardianship, and conservatorship matters. </s>
<s> [INST] What are some benefits of participating in a settlement conference? [/INST] Decreasing cost, obtaining a quicker resolution, and increased satisfaction. </s>
<s> [INST] How does settling a case before trial benefit the parties financially? [/INST] By settling the case and avoiding trial, parties can save the expenses associated with a traditional trial. </s>
<s> [INST] How does settling a case before trial benefit the parties in terms of time? [/INST] By settling a dispute before trial, parties avoid the possibility of a long trial and can move on with their lives. </s>
<s> [INST] Where are settlement conferences typically held? [/INST] Outside the court at a location chosen by the judge pro tempore, or at court locations in downtown Phoenix, Mesa, or north Phoenix. </s>
<s> [INST] Can settlement conferences be held virtually? [/INST] Yes, settlement conferences may also be held virtually so long as everyone agrees to a virtual settlement conference. </s>
<s> [INST] How long should parties set aside to attend a settlement conference? [/INST] At least three hours. </s>
<s> [INST] Who presides over a settlement conference? [/INST] A volunteer judge pro tempore. </s>
<s> [INST] What is a judge pro tempore? [/INST] A neutral attorney who is court-appointed to perform specific duties for the courts based on their experience and qualifications, volunteering their time to the Court. </s>
<s> [INST] What should each party furnish the judge pro tempore with before the settlement conference? [/INST] A settlement conference memorandum at least seven (7) calendar days prior to the scheduled settlement conference. </s>
<s> [INST] What should parties be prepared to discuss during the settlement conference? [/INST] General description of the issues, previous negotiations and results, possible consequences if the case proceeds to trial, relevant financial, property, debt, and income information, and other relevant information for discussion. </s>
<s> [INST] Who typically attends a settlement conference? [/INST] The judge pro tempore, petitioner/plaintiff, respondent/defendant, and counsel (if represented), and a person with settlement authority if required. </s>
<s> [INST] What happens if a party fails to appear for a family settlement conference? [/INST] Except for extraordinary circumstances, failure to appear will result in a $100 no-show fee. </s>
<s> [INST] What happens if a party fails to appear for a civil or probate settlement conference? [/INST] Failure to appear will be reported to the judge assigned to the case. </s>
<s> [INST] What will the judge pro tempore do if the parties reach a full or partial agreement? [/INST] Assist in documenting the agreement and notify ADR of the settlement, which will then notify the judge. </s>
<s> [INST] What should parties do if they reach an agreement before the settlement conference? [/INST] Notify the judge assigned to the case by filing a notice of settlement and endorse the judge pro tempore and Alternative Dispute Resolution on the notice of settlement. </s>
<s> [INST] When will the settlement agreement be recorded? [/INST] Only if the parties reach a full or partial settlement at the designated settlement conference location or the courtroom. </s>
<s> [INST] What is the purpose of Administrative Order No. 2023-024? [/INST] It allows parties to agree to a binding, one-day jury trial by stipulation. </s>
<s> [INST] How much time does each party have to present its case in a Short Trial? [/INST] Each party has two hours to present its case. </s>
<s> [INST] How many jurors are there in a Short Trial, and how many must agree to the verdict? [/INST] There are four jurors, and three of the four must agree to the verdict. </s>
<s> [INST] Who presides over a Short Trial? [/INST] A judge pro tempore presides over the Short Trial. </s>
<s> [INST] Can Short Trials be mandated? [/INST] No, Short Trials cannot be mandated; they can be suggested as an option if parties opt out of mandatory arbitration. </s>
<s> [INST] What types of cases are appropriate for a Short Trial? [/INST] Most civil matters, including cases where parties opt out of arbitration and choose Short Trial as a binding ADR alternative, as well as arbitration appeal cases. Common case types include tort motor vehicle non-death injuries, contracts, medical malpractice, and tort non-motor vehicle claims. </s>
<s> [INST] Who can act as a judge pro tempore? [/INST] An attorney who has been appointed by the Arizona Supreme Court and given the authority to act as a judge pro tempore. </s>
<s> [INST] How many potential jurors are sent to the courtroom, and how many are selected to hear the case? [/INST] Eight potential jurors are sent to the courtroom, and four jurors are selected to hear the case. </s>
<s> [INST] Can the verdict of a Short Trial be appealed? [/INST] No, there is no right to appeal the verdict unless there is an issue of fraud. </s>
<s> [INST] When should the Pre-Trial Memo be submitted? [/INST] The Pre-Trial Memo should be submitted seven (7) calendar days prior to the Short Trial. </s>
<s> [INST] What should the Pre-Trial Memo contain? [/INST] A brief statement of the nature of the claim and defense, a complete list of witnesses and a description of the substance of the testimony of each witness, and a list of exhibits. </s>
<s> [INST] What should the evidence notebooks include and how many should be prepared? [/INST] The evidence notebooks should include facts, photographs, diagrams, and other evidence. Eight combined notebooks should be prepared: four for the jury, one for the judge pro tempore, one for the witness, and one for each attorney. </s>
<s> [INST] What time should attorneys and the judge pro tempore meet on the day of the Short Trial? [/INST] They should meet by 8:30 a.m. </s>
<s> [INST] When are the eight jurors escorted to the courtroom on the day of the Short Trial? [/INST] Between 9:00 a.m. and 9:15 a.m. </s>
<s> [INST] Where will the Short Trial take place? [/INST] A courtroom located in downtown Phoenix will be assigned. </s>
<s> [INST] What courtroom staff is available for a Short Trial? [/INST] A courtroom assistant is the only courtroom staff available. </s>
<s> [INST] What does each party's two-hour presentation include? [/INST] An opening statement (10 minutes), presentation of evidence, direct examination of witnesses, and closing arguments (10 minutes). </s>
<s> [INST] What is strongly encouraged and discouraged in terms of evidence and testimony? [/INST] Stipulations to documentary evidence and pretrial motions are strongly encouraged, and live testimony is discouraged. Witnesses can be used by deposition or affidavit. </s>
<s> [INST] How much time is each party allowed for follow-up questions during the Voir Dire process? [/INST] Each party is allowed five minutes for follow-up questions. </s>
<s> [INST] Are Short Trial proceedings recorded? [/INST] No, Short Trial proceedings are not recorded. </s>
<s> [INST] When should a telephonic conference be held before the Short Trial? [/INST] At least three (3) calendar days prior to the Short Trial. </s>
<s> [INST] What is Alternative Dispute Resolution (ADR)? [/INST] ADR is a process that offers parties involved in a dispute an opportunity to resolve their issues without resorting to litigation. It is typically more efficient, cost-effective, and promotes better communication between parties. </s>
<s> [INST] What are the benefits of ADR methods? [/INST] The benefits of ADR methods include a more collaborative environment, faster resolutions than litigation, and improved relationships between parties. </s>
<s> [INST] What services are provided by Court Interpretation and Translation Services in the Maricopa County Superior Court? [/INST] Court Interpretation and Translation Services provide accurate and impartial language assistance for individuals with limited English proficiency or who are deaf or hard of hearing. </s>
<s> [INST] What types of interpretation and translation services are available at the Maricopa County Superior Court? [/INST] Spoken language interpretation, sign language interpretation, and document translation. </s>
<s> [INST] How do Court Interpretation and Translation Services support legal compliance? [/INST] These services ensure compliance with legal requirements by providing effective communication and access to justice for individuals with limited English proficiency or who are deaf or hard of hearing. </s>
<s> [INST] What is the purpose of the Americans with Disabilities Act (ADA) in relation to the courts? [/INST] The ADA ensures equal access to the courts for individuals with disabilities by providing reasonable accommodations to ensure effective participation in court services, programs, and activities. </s>
<s> [INST] What types of accommodations does the Maricopa County Superior Court provide under the ADA? [/INST] The court provides various accommodations, including grievance procedures and access for service animals. </s>
<s> [INST] How does security at the Maricopa County Superior Court protect individuals? [/INST] Security measures ensure the safety of all individuals at court facilities and maintain a secure environment for court proceedings, protecting judges, staff, and the public. </s>
<s> [INST] What is an appeal? [/INST] An appeal is a request to have a higher court reverse the decision of a trial court or an administrative agency after a final judgment, final decision, or other case-concluding ruling has been entered. </s>
<s> [INST] Who can file a notice of appeal? [/INST] The losing party, also known as the appellant, may file a notice of appeal. </s>
<s> [INST] What must the appellant prepare and file after the notice of appeal? [/INST] The appellant must prepare and file an appellate memorandum citing legal reasons for reversing the trial court's ruling. </s>
<s> [INST] What may the appellee do in response to the appellant’s appellate memorandum? [/INST] The appellee may, but is not required to, file an appellate memorandum in response to the appellant’s appellate memorandum. </s>
<s> [INST] Where are the appellate memoranda filed and transmitted? [/INST] The parties file their appellate memoranda with the trial court, which then transmits them to the Superior Court. </s>
<s> [INST] Why is it important for the appellant and appellee to comply with filing deadlines and court rules? [/INST] Failure to comply with filing deadlines and court rules could result in an adverse ruling. </s>
<s> [INST] Which rules apply to appeals in civil cases originating in justice court or municipal court? [/INST] The Superior Court Rules of Appellate Procedure – Civil apply to these appeals. </s>
<s> [INST] Which rules apply to appeals in criminal cases originating in justice court or municipal court? [/INST] The Superior Court Rules of Appellate Procedure – Criminal apply to these appeals. </s>
<s> [INST] Which rules apply to appeals from final administrative decisions? [/INST] The Rules of Procedure for Judicial Review of Administrative Decisions (JRAD) apply to these appeals. </s>
<s> [INST] What is a Trial Court? [/INST] A Trial Court is the justice court or municipal court in which the case originated. </s>
<s> [INST] Who is an Appellant? [/INST] The Appellant is the party who appeals the final judgment or administrative decision. </s>
<s> [INST] Who is an Appellee? [/INST] The Appellee is the opposing party in the appeal. </s>
<s> [INST] Who is a Plaintiff? [/INST] A Plaintiff is the party who initiated a lawsuit by filing a complaint in a justice court. </s>
<s> [INST] Who is a Defendant? [/INST] A Defendant is the party who was sued in a civil lawsuit or the party who was charged with a crime in a criminal case. </s>
<s> [INST] Who is a Petitioner? [/INST] A Petitioner is one who files a petition for a court order or writ. </s>
<s> [INST] Who is a Respondent? [/INST] A Respondent is the party who is required to answer a petition. </s>
<s> [INST] What is a Record in legal terms? [/INST] A Record is the official file from the proceedings in a trial court or before an administrative agency, including all complaints, applications, motions, and/or other filings by the parties; a transcript or recording of all hearings, and the exhibits that were introduced at any hearings. </s>
<s> [INST] What is a Transcript? [/INST] A Transcript is a verbatim written record of a hearing. </s>
<s> [INST] What is a Memorandum in legal terms? [/INST] A Memorandum is a written brief or explanation filed by a party in support of that party’s position. </s>
<s> [INST] What does it mean to Affirm a ruling? [/INST] To Affirm a ruling means to agree with and confirm a trial court's decision. </s>
<s> [INST] What does it mean to Remand a case? [/INST] To Remand a case means to send it back to trial court for further action. </s>
<s> [INST] May I present new evidence in an appeal? [/INST] Generally, no. In appeals from justice court and municipal courts, the parties are generally not allowed to present new evidence. </s>
<s> [INST] What evidence will the Superior Court consider in an appeal from a justice court or municipal court? [/INST] The Superior Court will only consider the evidence that was presented to the trial court. </s>
<s> [INST] What must a party do to have new evidence considered by the Superior Court in an appeal from a justice court or municipal court? [/INST] The party must file a Motion to Supplement the Record explaining the reason for the request. Only if the Superior Court grants the motion may a party submit new evidence that was not presented to the trial court. </s>
<s> [INST] What should a party to an appeal from a final administrative decision do if they want the Superior Court to consider new evidence? [/INST] The party should consult A.R.S. § 12-910 and JRAD 10. </s>
<s> [INST] Will I get a new trial in an appeal from justice court or municipal court? [/INST] No, parties are not entitled to a new trial in the Superior Court. The Superior Court will consider only the record made in the trial court and resolve the appeal based on arguments presented in the appellate memoranda. </s>
<s> [INST] What happens if the judgment is reversed and a new trial is ordered? [/INST] If the judgment is reversed and a new trial is ordered, the new trial will be held in the trial court. </s>
<s> [INST] Can an appellant from a final administrative decision be entitled to a new trial in the Superior Court? [/INST] An appellant from a final administrative decision may be entitled to a trial de novo in the Superior Court, depending on the type of case and the nature of the decision being challenged. </s>
<s> [INST] Where can I find the circumstances in which a party in an administrative appeal is entitled to a trial de novo? [/INST] The circumstances are set forth in A.R.S. § 12-910. </s>
<s> [INST] What is the process for filing civil and tax documents with the Clerk of the Superior Court? [/INST] You can file civil and tax documents online (eFiling), by mail, or in person at one of the Clerk's filing counter locations. </s>
<s> [INST] Is eFiling mandatory for all cases? [/INST] eFiling in civil and post-initiation tax cases is mandatory for attorneys pursuant to Arizona Supreme Court Administrative Order 2021-30. eFiling is optional for self-represented litigants. </s>
<s> [INST] What are the in-person filing hours for civil/tax documents? [/INST] Filing hours are Monday through Friday from 8:00 am to 5:00 pm. </s>
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