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Judge's Procedures: Judge Madeleine C. Wanslee - Courtroom #702, 7th Floor
Information to schedule a hearing in Prescott, AZ

PROCEDURES FOR OBTAINING AND NOTICING THE FOLLOWING MATTERS:

To Obtain Hearing Dates on all Matters except Lift Stays

Request a hearing date by e-mailing Christina Johnson at christina_johnson@azb.uscourts.gov. Please attach a copy of the application, motion and/or ECF filing receipt in pdf format.

 

To Obtain an Expedited Hearing

Request an expedited hearing by filing a motion for expedited hearing.  The motion should include how quickly the hearing is needed.  An order will need to be uploaded with such a motion, leaving blanks for a hearing date and time to be filled in.

Questions On Lodged Orders

Questions regarding uploaded orders should be directed to Lorraine Davis, Judge Wanslee Judicial Assistant at 602-682-4244 or Lorraine_Davis@azb.uscourts.gov .

Motions for Relief from Automatic Stay

   Preliminary Hearings 

All Preliminary Hearings on Lift Stays are set on Judge Wanslee PHOENIX Calendar.  

Once an objection is filed to a Motion for Relief from Stay, the moving party should obtain a date for the setting of a Preliminary Hearing.

    1. Go to the Court’s website at www.azb.uscourts.gov
    2. Go to Judges Procedures and select Judge Wanslee.
    3. Select a hearing date and time from the appropriate section.  Using the CHS Hearing Dates Look-Up  (link below)
    4. Hearings are scheduled at 10:00 am .
    5. To arrange a telephonic appearance please e-mail or call Christina Johnson at least a week prior to the hearing.
    6. Download the PDF order for procedures in stay relief matters.
  1. Prepare a notice of preliminary hearing or notice of rule 16 scheduling conference and attach the procedural order to the notice of hearing. A copy of the Procedures Order MUST be attached to the notice of hearing for notice to be effective. Please include the "related to"docket number of the underlying motion under the subject of the hearing.
  2. Serve the notice of hearing with the order attached to the appropriate parties and file the notice and certificate of service via ECF.
  3. Email a copy of the ECF receipt for the notice of hearing to christina_johnson@azb.uscourts.gov in order for the matter to be calendared. Failure to provide the receipt will result in your matter being left off calendar and the hearing will be rescheduled.

Phoenix Preliminary Hearing Dates on Motions for Relief from Stay for   Out of Town Movants  Requesting  a  Telephonic Appearance   

Counsel are to schedule the hearing on through CHS . Movant's counsel shall serve on all parties a copy of the Court's form Order Setting Preliminary Hearing together with a written notice stating that a nonevidentiary preliminary hearing will be held on the selected date in the United States Bankruptcy Court for the District of Arizona, Courtroom # 702, 7th Floor, 230 North First Avenue, Phoenix, Arizona. Counsel shall file a certificate of such service within one day of such service, and a copy of the notice of hearing shall be e-mailed directly to Christina Johnson, christina_johnson@azb.uscourts.gov, Courtroom Deputy. Failure to file and serve the certificate of service and notice may result in the preliminary hearing not being called or being postponed until after such service is properly effected and certificated.

 

Joint Pretrial Statements

Effective  March 1, 2007 please refer to Local Rule 7016-1 for joint pretrial statement requirements.

 

Oral Argument on Motions for Summary Judgment

  1. Once a motion for summary judgment is filed, email a copy of the ecf filing receipt to christina_johnson@azb.uscourts.gov
  2. You will receive an email advising you of the date and time to set the hearing.
  3. Prepare a notice setting oral argument on the motion for summary judgment. A copy of the Procedures Order MUST be attached to the notice of hearing for notice to be effective. Please include the "related to" docket number of the motion under the subject of the hearing.
  4. Go to the Court’s website at www.azb.uscourts.gov
    1. Go to Judges Procedures and select Judge Wanslee.
    2. Download the PDF order for procedures re: motions for summary judgment and attach the order to the notice of hearing.
  5. Serve the notice of hearing with the order attached to the appropriate parties and file the notice and certificate of service via ECF.
  6. Email a copy of the ECF receipt for the notice of hearing to christina_johnson@azb.uscourts.gov in order for the matter to be calendared. Failure to provide the receipt will result in your matter being left off calendar and the hearing will be rescheduled.

COMPLIANCE WITH LOCAL RULES

Counsel are expected to comply with all applicable local rules. Particular attention should be paid to Local Rules 1073-1(d) & (e) requiring motions for joint administration to be filed in the lower-numbered case, 4001-1 governing motions for relief from stay, 6004-1 governing asset sales, 9004-1(f) requiring hearing dates and times to be included in captions when known, 9013-1(d) requiring a form of order to accompany a motion that may be granted ex parte, 9013-1(h) governing procedures for obtaining accelerated hearings, and 9013-1(j) requiring a notice of hearing to accompany any motion that requires a hearing. Any party requesting an expedited hearing is expected to comply fully with all applicable requirements of the Bankruptcy Code, Bankruptcy Rules and the Local Rules before an expedited or accelerated hearing will be set by the Court.

BAR DATE/NEGATIVE NOTICE

In addition to the bar date procedures established by the Local Rules, unless the Court orders otherwise the moving party may use a twenty-one (21) day bar date notice for all:

  • § 363 sales other than real property (and other than pursuant to Code § 363(h));
  • approvals of compromises and settlements pursuant to Bankruptcy Rule 9019; and
  • applications for professional fees.

The party using the negative notice/bar date procedure must give detailed notice of the proposed motion or application and clearly state the requirement to respond within the time allowed. The moving party must mail the notice to all creditors and parties in interest. Upon the expiration of the time stated, plus an additional three days for mailing, provided there are no objections filed, the moving party may file a certificate of service and of no objection and lodge an appropriate order granting the relief requested. The lodged order should conform to the relief requested in the motion or application. If an objection to the motion or application is filed, the Movant is responsible for lodging a notice of hearing with the Court, and upon receiving a hearing date, shall give notice to all interested parties of the hearing and file a certificate of mailing.

In the alternative, and particularly if an objection is anticipated, a hearing date may be obtained for any such motion or application by lodging a form of notice of hearing with such motion or application.

EXHIBIT PROCEDURES

Exhibits may be presented in tabbed and indexed binders or electronically.

Electronic Exhibits

Electronic exhibits may be presented in the following formats:  CD-Rom, Audiotape, Videotape, Electronically filed documents, Power Point, or other exhibit programs, such as Sanctions or Triall Director.  Counsel and/or parties who present electronic exhibits are to contact Christina Johnson at 602-682-4248 or christina_johnson@azb.uscourts.gov two (2) weeks prior to trial to schedule a time for testing.

At the time of the trial counsel shall provide the Courtroom Clerk with a disc containing exhibits that will become part of the official record.  Counsel are encouraged to confer on presenting one disc that contains both parties exhibits.  Plaintiff's or Movants exhibits should be identified by numbers;  Defendant's or Respondents exhibits should be identified by alphabet.   Please provide the Courtroom Deputy with an Exhibit List of all exhibits to be submitted.  An exhibit list may be e-mailed to Christina Johnson at christina_johnson@azb.uscourts.gov.

Electronic exhibits in the custody of the Clerk and maintained as the official court record will be the exhibits that are presented to the Court at the trial or evidentiary hearing, unless otherwise ordered.   The Clerk of Court shall maintain control of the electronic exhibits until the matter is finally concluded and the time for appeal has run, unless otherwise ordered released.  The exhibits shall be stored in the same electronic format in which they are submitted.

The parties are responsible for presentation of the evidence at trial, through operation of any software, document camera or video device utilized.  This may be done by a staff member of the attorney or party.  The Courtroom Staff are not responsible for actual presentation of evidence.  Accordingly, prior contact with the Court two weeks prior to trial is vital to ensure the staff member is familiar with the court equipment.

Paper Exhibits

Exhibits should be in tabbed binders with an index at the front. Judge Wanslee requires 1 original binder, one bench binder and a binder for opposing counsel.  The original Exhibit Binder will be marked and placed at the witness stand during testimony.   Binders will be marked on the day of the trial just prior to starting.

Please refer to Local Rule 5005-1 regarding the disposal of exhibits following the final disposition of the case.

USE OF DECLARATIONS 

Unless otherwise ordered, the Court will not accept affidavits or declarations as evidence over the objection of an opposing party. For most evidentiary hearings, the parties will be required, generally at least two weeks prior to the hearing, to file and exchange declarations from all nonhostile witnesses whom they intend to call. When that procedure is required, no party may call a nonhostile witness for whom such a declaration has not been timely filed and exchanged, and no party may on direct examination inquire into matters not fairly covered by that witness' declaration. In their joint pretrial statement that is generally required to be filed at least one week prior to the trial, the parties shall designate which of the opposing party's declarations may be received into evidence without qualification, which may be received in evidence provided the witness is available at the hearing for cross examination, and which of the opposing party's witnesses must testify on direct examination. Notwithstanding the parties' agreement that a declaration may be received in evidence, the Court may require any witness' testimony to be provided by direct examination, but such a witness need not appear at the hearing unless counsel is so notified.

TELEPHONIC APPEARANCES

For nonevidentiary hearings, counsel may arrange to appear telephonically by making advance arrangements with the Courtroom Deputy, Christina Johnson, at christina_johnson@azb.uscourts.gov or (602) 682-4248. Telephonic witness testimony is discouraged but will be considered on motion filed at least ten (10) days in advance of the hearing and served on all other parties together with a notice that any objection be filed at least five (5) days prior to the scheduled hearing.

I. POLICY GOVERNING TELEPHONIC APPEARANCES

Telephonic appearances are allowed in all matters before Judge Wanslee in Courtroom #702 except the following:

  1. Trials and Evidentiary Hearings (all counsel and all witnesses must appear in person unless the court has expressly approved telephonic appearances).
  2. Appearances by parties and attorneys located in Maricopa County (except as otherwise expressly permitted).
  3. Any matter designated by the court as one requiring a personal appearance.

No telephonic appearance involving more than one caller will be allowed unless prior arrangements are made through the Courtroom Deputy, Christina Johnson 602-682-4248.

If an individual schedules a telephonic appearance and then fails to respond to the call of a matter on calendar, the court may pass the matter or may treat the failure to respond as a failure to appear and rule by default. Scheduling simultaneous telephonic appearances in multiple courts does not excuse a failure to appear when a matter is placed on calendar.

Individuals making use of the conference call service are cautioned that they do so at their own risk. Hearings generally will not be rescheduled due to missed connections.

II. SCHEDULING A TELEPHONIC APPEARANCE.

By Telephone: Telephone appearances may be arranged by e-mailing christina_johnson@azb.uscourts.gov or calling Christina Johnson at 602-682-4248 not later than 3:00 p.m. the business day prior to the court hearing date.

If possible arrangements to appear by phone should be made a week prior to the hearing date.

The Courtroom Deputy will need:

  • Court date and time
  • Case name and number
  • Name and phone number of the attorney appearing

Parties will receive a phone number to call for the hearing.

III. PROCEDURE FOR TELEPHONIC APPEARANCE

Telephonic appearances are connected directly with the courtroom’s public address system and electronic recording equipment so that a normal record is produced. To ensure the quality of the record, the use of car phones, cellular phones, speaker phones, public telephone booths, or phones in other public places is prohibited except in the most extreme emergencies. Participants should be able to hear all parties without difficulty or echo.

At the time of your hearing, you may initially be in the listening mode in which case you will be able to hear the case before yours just as if you were in the courtroom. After your call is connected to the courtroom, the Judge will call the case, request appearances, and direct the manner in which the hearing proceeds. Each time you speak, you should identify yourself for the record. The court’s teleconferencing system allows more than one speaker to be heard, so the Judge can interrupt a speaker to ask a question or redirect the discussion. When the Judge informs the participants that the hearing is completed, you may disconnect and the next case will be called.

Telephonic appearances by multiple participants are only possible when there is compliance with every procedural requirement. Sanctions may be imposed when there is any deviation from the required procedures or the Court determines that a person’s conduct makes telephonic appearances inappropriate. Sanctions may include dropping a matter from calendar, continuing the hearing, rescheduling the hearing and requiring personal attendance, proceeding in the absence of an unavailable participant, a monetary sanction, and/or a permanent prohibition against a person appearing telephonically.

CONTINUANCES & RESOLUTION of  matters set for HEARING

When agreed to by opposing counsel, continuances may generally be obtained by telephonic request to Courtroom Deputy, Christina Johnson, (602) 682-4248. An ex parte motion for continuance should explain the reason for the request and why agreement of opposing counsel could not be obtained. When a telephonic continuance is obtained from chambers staff, the party requesting it shall lodge as soon as practicable either an order granting the continuance or a stipulation signed by the parties. The party requesting the continuance shall also lodge a new form of notice for the continued hearing, and, when the hearing has been reset by the Courtroom Deputy, shall give notice of the continued hearing date to all interested parties.

Parties should notify the Court promptly when a matter has been resolved so that the hearing may be taken off the Court's calendar.

FAX and E-MAIL

Where time is short, the Court will receive chambers copies of filings and permissible ex parte communications by fax, (602) 682-4243 or by email to the Judge, Madeleine_Wanslee@azb.uscourts.gov , or to her law clerk, James_Yeager@azb.uscourts.gov.

THE COURT DOES NOT ACCEPT FOR FILING DOCUMENTS SENT DIRECTLY TO CHAMBERS VIA EITHER FAX OR EMAIL. ALL ORIGINAL DOCUMENTS TO BE FILED WITH THE COURT MUST BE FILED WITH THE CLERK OF THE BANKRUPTCY COURT before the time of the hearing, and counsel should bring a file-stamped copy to the hearing. The privilege to fax or e-mail chambers should not be abused. Counsel should ordinarily allow themselves sufficient time to submit documents through the normal process, and all faxes and e-mails should be received no later than 4:00 p.m. of the day prior to the hearing.

ECF ORDERS

When lodging a form of order that the Court may want to modify, please upload it in pdf format.

DOCKETING CALLS

Except in the case of an emergency, inquiries regarding the entry of pleadings and orders on the docket should be directed to the Bankruptcy Court Clerk's Office at (602) 682-4000. In an emergency, parties may inquire of chambers staff whether an order has been signed or entered on the docket. Chambers staff will not give parties legal advice or provide status reports concerning items before the Court.

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