COMMISSIONER
JOSHUA FAULKNER
4th DISTRICT COURT
1. What judicial districts/counties do you cover?
4th District Court -- Only Utah County
4th District Juvenile Court -- Only Utah County
2. Where are your offices located?
District Court -- 125 N. 100 W.
Provo, UT 84604
Juvenile Court -- 99 E. Center St.
Orem, UT 84057
3. What is the telephone number of your scheduling clerk?
District Court: Kaime -- (801)429-1129; Guy -- (801)429-1090.
Juvenile Court: Wanda -- (801)724-3818
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. Doesn't change process at all.
6. Do you require that motions be filed before a hearing date is obtained?
No.
7. Do you need courtesy copies of pleadings and exhibits prior to motion hearings? If so, where, how and when do want them delivered?
In general, I don't find courtesy copies to be necessary. If you are going to provide them, they need to be to my staff at least one week prior to the hearing. Anything less and I'll likely already have prepared and looked at the electronic record before i receive the courtesy copy.
8. Do you accept pleadings/courtesy copies by facsimile?
No, the 4th District doesn't accept any filings by fax.
9. What are the days and times of your law and motion calendars?
District Court: Weekday mornings, Monday, Tuesday and Friday Afternoons.
10. Do you allow stipulated matters to be heard before those that require argument?
Yes, I typically begin the calendar by inquiring whether any matters can be addressed summarily. If so, they get in first. If not, I usually go right down the docket.
11. How much time do you allot for each case on your law and motion calendar?
Approximately 4 hearings set each hour.
12. At hearings, how do you feel about requests to pass on cases so that settlement discussion can occur outside the courtroom?
If there is time available and the parties want to talk, I am happy to let them as long as is possible. That said, if parties are just spinning wheels and will end up arguing anyway, I'd prefer to get on with it rather than delay the remainder of the day's calendar.
13. Under what circumstances, if any, do you conduct formal evidentiary hearings?
Almost never.
14. What are your views about how much leeway should be afforded to pro se litigants.
Pro se litigants should be afforded every consideration that may reasonably be indulged. But, generally, a party who represents him or herself will be held to the same standard of knowledge and practice as any qualified member of the bar. Further, 'reasonable' indulgence is not unlimited indulgence. See, e.g., Hampton v. Professional Title Services, 2010 UT App 294, 242 P.3d 796 (Utah App. 2010).
15. On what days and times do you hear requests for protective orders?
District Court: Every day from 10:00 - 11:00 am.
Juvenile Court: Wednesday morning and afternoon; other days as needed.
16. How much time do you allot for hearing on each protective order case?
District Court -- approximately 4-5 hearings per hour.
Juvenile Court -- 30 minutes.
17. What is your procedure regarding contested motions to continue hearings/conferences?
Typically will have a telephone conference if I have sufficient advance notice to do so. If not, I'll rule on the motion at the time set for the hearing. In other words, since I am rotating between courts from week to week, a motion to continue needs to be should be filed at least 2 weeks in advance to be safe. In emergencies, I try to accommodate counsel and parties as best I can.
18. How do you conduct pretrial settlement conferences, and how do you view your role during PTCs?
I tend to agree with Commissioner Arnett -- I'm more of an administrator than a mediator in these settings.
19. How much time do you allot for pretrial settlement conferences?
Usually not more than 10 minutes of court time. You can spend as much time (within reason) as you'd like in the hall negotiating.
20. What are your views regarding mediation and other private dispute resolution vs. judicial intervention in domestic matters.
I am in favor of mediation and require it in cases before I certify the matter for trial. If the parties have adopted a mediation provision that becomes part of the decree, I will strictly uphold it, absent immediate and irreparable harm.
21. What are your views on the use of special masters in domestic cases?
I appoint them when necessary - high conflict, high taxpayer expense, etc.
22. Do you set time limits on bringing motions for custody evaluations? If so, what time criteria do you consider?
Bring a motion to appoint as quickly as possible. I try to move cases along according to Utah R. Civ. P. Rule 26 and rule 26.1. So, if you want to have an evaluation performed, identify that fact early. Additionally, i typically require the parties to show me that the parties (either or both) can pay for an evaluation in a timely fashion. Absent such a showing, I am loathe to appoint an evaluator.
23. Do you require that the parties mediate before entertaining motions for custody evaluations?
No.
24. Do your clerks generate orders appointing custody evaluators?
I have a form order which I require to be used. But the clerks don't generate it. You an get a blank copy of the order form and generate the order as appropriate.
25. How do you handle Rule 4-903 custody evaluation settlement conferences, and how do you view your role during 4-903 CESCs?
I introduce the conference as an opportunity to take the reins of the case and settle. I discuss generally the realities of custody fights, and then let the parties and evaluator discuss. If there are disputes re legal doctrines, etc, I'm happy to resolve them, but I do not otherwise participate in the conference discussions.
26. What is your best general advice for attorneys and parties appearing before you?
1. Prepare for your case;
2. Settle the easy issues and save argument time for the difficult issues;
3. I read everything in the file in preparation for a hearing. You don't need to regurgitate it, but concise and clear argument is refreshing;
4. If your case has warts acknowledge them and move on. Avoiding them, or misstating the facts or law will always work against you.
27. What are the most common problems you see in pleadings?
Missing vital information -- ie Financial Declaration for alimony AND/OR child custody cases; simple conclusory statements rather than factual allegations in affidavits; misstatement or avoidance of relevant of law or facts.
28. What are the most common problems you see with proposed orders?
I don't see many problems with proposed orders. That said, if there's going to be an objection and you excise the findings and/or conclusions made, you eviscerate the order. On the other hand, if you type a verbatim recitation of what I say in Court, that's not particularly helpful either.
29. Do you have any special concerns not specifically addressed by these questions?
No. In general I am impressed by the hard work, dedication and civility that most practitioners show in court.
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