08/20/2020 — CV2020094246 ESCALANTE, MAILE 08/20/2020 HONORABLE JANICE CRAWFORD View Minute Entry ↑ top
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- Minute Source
Clerk of the Superior Court
*** Electronically Filed ***
08/24/2020 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2020-094246
08/20/2020
Docket Code 003
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE JANICE CRAWFORD
V. Felix
Deputy
SHADOW MOUNTAIN VILLAS
CONDOMINIUM ASSOCIATION OF PHOENIX
DANIEL S FRANCOM
v.
MAILE ESCALANTE
MAILE ESCALANTE
NO ADDRESS ON RECORD
JUDGE CRAWFORD
MAILE ESCALANTE
4255 S FIRESIDE TRL
GILBERT AZ 85297
MINUTE ENTRY
Courtroom 205 – SEA
11:30 a.m. This is the time set for Order to Show Cause – Return Hearing regarding
Plaintiff’s Application for Preliminary and Permanent Injunction filed on July 23, 2020, and
Plaintiff’s Request for Order to Show Cause filed on July 23, 2020. Plaintiff is represented by
above-named counsel, Daniel Francom, who is appearing virtually through GoToMeeting.
Defendant is not present nor is anyone present on her behalf.
A record of the proceedings is made digitally in lieu of a court reporter.
Discussion is held regarding notice of today’s hearing.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2020-094246
08/20/2020
Docket Code 003
Form V000A
Page 2
IT IS ORDERED resetting today’s hearing to August 24, 2020, at 10:30 a.m. (time
allotted: 15 minutes) before this division. The hearing shall be held via video conference using the
GoToMeeting application. All parties and their counsel will be emailed a copy of the GoToMeeting
link invitation in advance of the hearing.
PLEASE READ THE FOLLOWING INSTRUCTIONS IN ADVANCE OF
YOUR SCHEDULED HEARING
(1) GoToMeeting Invitation: This division will send you an invitation to join its video
conference via email. If you do not receive the invitation via email within 3 business days
before your hearing, email this division at [email protected] and
request an invitation to the hearing.
(2) Downloading & Testing Software: Upon your receipt of the invitation, click on the link
provided to download the GoToMeeting application software. The software can be
downloaded via a computer, smart phone, or other smart device. You should ensure that you
download the application software on the device you intend to use at the actual hearing.
Ensure that device has a microphone and webcam (most laptops, smart phones, and Ipads
already do).
(3) Admonitions:
a. You are responsible for ensuring that you have downloaded the GoToMeeting
software in advance of the hearing. In the event that you have any technical issues
with the software or access to a device, you must contact this division in advance so
that we can assist you in resolving any such issues.
b. You are responsible for ensuring that you provide your clients (if represented) and any
third-party witnesses with a copy of the link so that they can testify during the hearing
without delay.
c. You must ensure that you have access to a quiet, secure room during the hearing that
is free from audio and visual distractions.
11:39 a.m. Matter concludes.
08/24/2020 — CV2020094246 ESCALANTE, MAILE 08/24/2020 HONORABLE JANICE CRAWFORD View Minute Entry ↑ top
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- Minute Source
Clerk of the Superior Court
*** Electronically Filed ***
08/31/2020 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2020-094246
08/24/2020
Docket Code 056
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE JANICE CRAWFORD
V. Felix
Deputy
SHADOW MOUNTAIN VILLAS
CONDOMINIUM ASSOCIATION OF PHOENIX
DANIEL S FRANCOM
v.
MAILE ESCALANTE
MAILE ESCALANTE
4255 S. FIRESIDE TRL
GILBERT AZ 85297
JUDGE CRAWFORD
MINUTE ENTRY
Courtroom 205 – SEA
10:31 a.m. This is the time set for Order to Show Cause – Return Hearing regarding
Plaintiff’s Application for Preliminary and Permanent Injunction filed on July 23, 2020. Plaintiff
is represented by above-named counsel, Daniel Francom, who is appearing virtually through
GoToMeeting. Defendant, Maile Escalante, is appearing virtually on her own behalf through
GoToMeeting.
A record of the proceedings is made digitally in lieu of a court reporter.
Discussion is held.
IT IS ORDERED setting an Evidentiary Hearing on October 11, 2020, at 3:00 p.m.
(allotted time: 2 hours) before Judge Janice Crawford. The Evidentiary Hearing shall be held via
video conference using the GoToMeeting application. All parties and their counsel will be emailed
a copy of the GoToMeeting link invitation in advance of the hearing.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2020-094246
08/24/2020
Docket Code 056
Form V000A
Page 2
PLEASE READ THE FOLLOWING INSTRUCTIONS IN ADVANCE OF YOUR
SCHEDULED HEARING
(1) GoToMeeting Invitation: This division will send you an invitation to join its video
conference via email. If you do not receive the invitation via email within 3 business days
before your hearing, email this division at [email protected] and
request an invitation to the hearing.
(2) Downloading & Testing Software: Upon your receipt of the invitation, click on the link
provided to download the GoToMeeting application software. The software can be
downloaded via a computer, smart phone, or other smart device. You should ensure that you
download the application software on the device you intend to use at the actual hearing.
Ensure that device has a microphone and webcam (most laptops, smart phones, and Ipads
already do).
(3) Submission of Exhibits: Exhibits must be submitted five (5) business days before the
above-set hearing. You must submit your exhibits as follows:
This Division requires hard copies of all exhibits. Exhibits must be hand-delivered to
the COC file counter located at the Southeast Facility. Follow directions upon arrival. Exhibits
that are submitted electronically through either E-File or the Clerk of Court website will not be
accepted.
An Exhibits Coversheet must be completed and submitted as the top coversheet of your
exhibits. The Exhibit Coversheet must include your case number, the case caption, the
date of your hearing, the Judicial Officer assigned to your case, and the name of the party
submitting the exhibits.
Exhibits must be separated by a colored sheet of paper with the exhibit number written on
front. Each exhibit must be clipped or bound if too large to be stapled. Exhibits also may
be provided in a three-ring binder, with each exhibit separated by a tabbed, numbered
divider. If exhibits are not clearly separated, they will be combined as one (1) document.
Provide a separate copy of exhibits in a three-ring binder, with each exhibit separated by
a tabbed, numbered divider, to be used by the trial judge.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2020-094246
08/24/2020
Docket Code 056
Form V000A
Page 3
Failure to obey these orders may result in exclusion of the exhibit and/or waiver of
objections.
PLEASE NOTE: The Clerk of Court policies and procedures do not allow the clerk
to hold exhibit numbers for exhibits to be submitted later. Exhibits are marked in the
order in which they are received.
Before you submit hard copies of your exhibits, scan them into PDF files so that you can
refer witnesses to them via the GoToMeeting application and ensure you have the PDF
copies saved on the device you intend to utilize at the hearing. Provide copies of the
exhibits to the other side and to the division no later than five (5) business days prior to
your hearing.
(4) Admonitions:
a. You are responsible for ensuring that you have downloaded the GoToMeeting
software in advance of the hearing. In the event that you have any technical issues
with the software or access to a device, you must contact this division in advance so
that we can assist you in resolving any such issues.
b. You are responsible for ensuring that you provide your clients (if represented) and any
third-party witnesses with a copy of the link so that they can testify during the hearing
without delay.
c. You must ensure that you have access to a quiet, secure room during the hearing that
is free from audio and visual distractions.
d. Testifying witnesses shall not be coached by third-parties and shall not read from
documents not marked and admitted in evidence. If Ariz. R. Evid. 615 is invoked,
non-party witnesses shall be instructed not to listen into the proceedings via the public
bridge line below and shall only be permitted to participate in the GoToMeeting
conference during their testimony.
10:40 a.m. Matter concludes.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2020-094246
08/24/2020
Docket Code 056
Form V000A
Page 4
Expectations of a self-represented party. The law requires this Court to hold all persons
representing themselves to the same standard as a licensed attorney. This means that the parties
should familiarize themselves with the Arizona Rules of Civil Procedure. You can find them at:
https://www.azcourts.gov/rules/Recent-Amendments/Rules-of-Civil-Procedure
or
https://govt.westlaw.com/azrules/
If you are not represented by an attorney you must provide the Court with a current address,
telephone number, and email address. If your address, phone number, or email address changes in
the future, you must file a notice of change of address/phone number/email address. That form
can be downloaded at no charge from the following website:
http://www.superiorcourt.maricopa.gov/SuperiorCourt/LawLibraryResourceCenter
Please note that only a licensed attorney may represent a corporation, LLC, or similar
business entity in the Superior Court.
Filing documents. After the complaint or petition is served, the parties have to file
subsequent documents with the Clerk of the Court. It is the Clerk’s job to keep an independent
record of everything that happens at the court. Please pay particular attention to Rule 5, which tells
you how to get your filed documents to the other party, to the Clerk of the Court and to the Court.
If you want to file papers with the Clerk of the Court by mail, please send them to:
Clerk of the Superior Court’s Office
Civil File Counter
222 East Javelina
Mesa, AZ 85210
The clerk’s guidelines for filing by mail can be found at:
http://www.clerkofcourt.maricopa.gov/filing-by-mail.asp
Requests to the Court. Before the judge can consider anything you must:
1. File it with the Clerk of the Court. The court cannot act on a document that has not
been made a part of that record; and
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2020-094246
08/24/2020
Docket Code 056
Form V000A
Page 5
2. Provide a copy of anything filed to every other party involved in the case. This is so
all parties have a fair chance to respond to the request and provide their positions.
Please provide the Division with a copy of anything you have filed that you want heard
by the judge.
Cases subject to Compulsory Arbitration. The Rules for Compulsory Arbitration are
contained in Rules 73-77, Ariz. R. Civ. P. As set forth in Rule 74, the assigned arbitrator shall
rule on certain motions. Accordingly, you are required to provide a copy of any applicable motion
to the assigned arbitrator as set forth in Rule 74(D)(2), Ariz. R. Civ. P.
Proof that a document was delivered. Rule 5.c.3 requires the sending party to provide a
certificate of delivery of a case-related document. At the end of each document or in a separate
certificate, include the information substantially as follows:
A copy has been or will be mailed/emailed/hand-delivered [select one] on [insert date]
to:
[Name of opposing party or attorney]
[Address of opposing party or attorney]
If a party is represented by an attorney, you must send or deliver the copy to the attorney,
not to the party.
Scheduling and managing the case; setting it for trial. Rule 16 governs the scheduling
and management of a case. For example, Rule 16.b explains that the parties are expected to meet
fairly shortly after the complaint is filed and provides the minimum topics for them to discuss.
After that, the parties file a joint report about the case and a joint proposed scheduling
order, Rule 16.c. You can find instructions and forms at
https://superiorcourt.maricopa.gov/media/4124/cvt54z.pdf
Exchanging information. In an Arizona civil case, the law requires the parties to
exchange relevant information such as documents, emails, text messages and social media
posting. Rules 26 and 26.1. This exchange is called “disclosure.” The law also requires you to
disclose to the other party the name and contact information for each witness you expect to call,
and a description of what the witness’s testimony will be at trial. Some pointers:
Disclose anything that may be relevant. Don’t wait for the other person to ask.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2020-094246
08/24/2020
Docket Code 056
Form V000A
Page 6
Send a cover letter identifying every document you’re sending. Don’t write
something generic like, “Emails.” Specify the dates/times/parties to the emails so we
know which ones you disclosed.
Keep a copy of all of your disclosures so we have an exact record of what you sent
one another.
You have to disclose it even if you think the other side already possesses the
information.
If you don’t disclose it, you probably will not be able to use it at trial. If you don’t
disclose it and it is harmful to your case, the Court may sanction you.
While you are expected to know the rules, there are resources to help you. In addition
to the links to the actual rules above on page 1, you may also find help at the link for the Law
Library
Resource Center:
https://superiorcourt.maricopa.gov/llrc/cv_group_1/
https://superiorcourt.maricopa.gov/civil/civil-faq/
