COMMISSIONER
T. PATRICK CASEY
THIRD DISTRICT COURT
1. What judicial districts/counties do you cover?
Third District – Salt Lake County
Third District - Summit County (on a rotating basis).
2. Where are your offices located?
In Salt Lake County: Matheson Courthouse
In Summit County: Silver Summit Court Complex
3. What is the telephone number of your scheduling clerk?
In Salt Lake County: (801)-238-7021
In Summit County: (435) 615-4300.
4. What is the telephone number of your in-court clerk?
Same as above.
5. Do you have a case manager? If so, what is the process when a case manager is involved?
Yes. Does not change the process.
6. Do you require that motions be filed before a hearing date is obtained?
Yes.
7. Do you need courtesy copies of pleadings and exhibits prior to motion hearings? If so, where, how and when do want them delivered?
Yes, if at all possible. Should be delivered to the reception area outside our chambers (W-30).
8. Do you accept pleadings/courtesy copies by facsimile?
Courtesy copies only.
9. What are the days and times of your law and motion calendars?
Mondays, Tuesdays, Wednesdays, and most Fridays, 9:00 and 10:00.
10. Do you allow stipulated matters to be heard before those that require argument?
Yes.
11. How much time do you allot for each case on your law and motion calendar?
Depends on the number of matters scheduled, which can vary. Each one-hour calendar may have as many as 4 of 5 hearings scheduled. In reality, however, most days there are several cancellations, continuances and stipulations, and many calendars spill over the past the hour allotted. Realistically, out of consideration to the other parties and counsel with matters on the calendar, counsel should attempt to complete hearings in no more than ½ hour.
12. At hearings, how do you feel about requests to pass on cases so that settlement discussion can occur outside the courtroom?
Encouraged, provided counsel do not take so long in such discussions that, if settlement does not occur, this is no time left to argue.
13. Under what circumstances, if any, do you conduct formal evidentiary hearings?
Our calendars do not afford the opportunity for “formal” evidentiary hearings with live testimony and cross-examination..
14. What are your views about how much leeway should be afforded to pro se litigants.
Some leeway, provided the litigant is attempting to proceed appropriately.
15. On what days and times do you hear requests for protective orders?
Thursdays, 9:00 and 10:00.
16. How much time do you allot for hearing on each protective order case?
Depends entirely on the number of matters scheduled and the number that require argument. Usually a protective order hearing can be completed in no more than 15 or 20 minutes.
17. What is your procedure regarding contested motions to continue hearings/conferences?
If time allows, I will confer with counsel telephonically. Sometimes, depending on the reason for the request and the nature of the matter at issue, I will dispose of the request without conferring with counsel.
18. How do you conduct pretrial settlement conferences, and how do you view your role during PTCs?
Generally I rely on counsel to advise me how I can best assist the parties in their negotiations. At a minimum I will review with counsel (and/or the parties) the issues in dispute, and comment on contested issues only if I perceive that a particular outcome at trial is likely, or highly unlikely.
19. How much time do you allot for pretrial settlement conferences?
My pre-trial conferences are scheduled at 15-minute intervals, but there are rarely more than two or three scheduled in a particular afternoon, and I will spend as much time as necessary on a pre-trial conference if it is helpful in negotiating a settlement.
20. What are your views regarding mediation and other private dispute resolution vs. judicial intervention in domestic matters.
Mediation and other forms of ADR are generally preferable to judicial intervention, provided the parties approach the process in good faith and attempt to reach a fair resolution.
21. What are your views on the use of special masters in domestic cases?
In Utah “special mater” (as that term is generally used in the domestic arena) can only be appointed by agreement, and either party can discontinue the use of a special master at any time. The authority of a “special master” is akin to that of an arbitrator.
22. Do you set time limits on bringing motions for custody evaluations? If so, what time criteria do you consider?
Not specifically, but I am much more likely to deny a request if it is not made early in the proceedings.
23. Do you require that the parties mediate before entertaining motions for custody evaluations?
No, but I may encourage or even direct the parties to mediate prior to commencement of the evaluation process (generally there is a lag of at least a week or two between the entry of the order appointing the evaluator and the time the evaluator can commence the process.
24. Do your clerks generate orders appointing custody evaluators?
Yes.
25. How do you handle Rule 4-903 custody evaluation settlement conferences, and how do you view your role during 4-903 CESCs?
I do not follow a set procedure. Generally I confer with counsel and the evaluator at the outset to determine the procedure. I generally participate in most of the conference, but purely as a facilitator.
26. What is your best general advice for attorneys and parties appearing before you?
Your clients are best served in most cases if you adopt a “problem solving” (as opposed to an “adversarial”) approach. Many clients may need to be educated as to the difference between resolving a conflict and waging one. Also, educate your clients in advance that there are no “winners” in a divorce or other domestic matter, and that a prompt and fair resolution of the issues will serve all concerned, including especially the children involved, more than any other outcome.
27. What are the most common problems you see in pleadings?
1. “Pleadings” are defined in Rule URCP(a). Sometimes a pleading will not spell out with sufficient specificity the relief requested, making it difficult to proceed by default.
2. With respect to other court papers the most common problem I see is the failure to spell out succinctly in motions the relief requested (e.g. motions requesting “the relief requested in the accompanying affidavit” require the court to ferret out the issues.
28. What are the most common problems you see with proposed orders?
Unnecessary verbiage (which frequently leads to objections). Orders that contain provisions and/or details that were not ruled upon in court.
29. Do you have any special concerns not specifically addressed by these questions?
The rules of procedure, particularly Rule 101, are intended to facilitate a prompt and fair resolution of the kinds of matters brought before us. They are not intended to create tactical opportunities or traps to skew outcomes, nor are they intended to provide a sub-layer of issues to be litigated. I am afraid sometimes counsel raise objections and arguments regarding the application of the rules without regard for whether they are furthering the prompt and fair resolution of issues.
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