Family Law Section

COMMISSIONER DANIEL W. GARNER

1. What Judicial Districts do you cover?

First and Second.

2. Do you have an office in each District?

Second District: 2525 Grant Avenue
I rotate with District Court judges in the First District.

3. What days are you available in each District?

One day in the First. The rest of the week is spent in Second District.

4. What is the name of your scheduling clerk? How can s/he be reached?

First District, Logan:Angie Brown (435)750-1306
Brigham CityKathy Johnson (435)734-4607
Second District,OgdenPatty Dixon (801)395-1125

5. What is the name of your in-court clerk? How can s/he be reached?

First District, same as above.
Second District, OgdenJuana Sanchez (801)395-1120

6. Do you have a set calendar for law and motion?

If you cannot schedule your matter on the days below, it will have to be scheduled with the judge.

First DistrictLoganSecond and fourth Thursdays in Logan. Mornings for OTSCs and prefer to handle pretrials in the afternoon.
BrighamThird Thursday. Mornings for OTSCs and prefer to handle pretrials in the afternoon.
Second District, OgdenFirst Thursday and on Wednesdays. Mornings for OTSCs and prefer to handle pretrials in the afternoon.

7. Do you have a set calendar for protective orders?

3:30 on the days scheduled for that District.

8. How do you conduct the call on a calendar?

In the order they appear on the calendar.

9. Do you take resolved cases first?

Yes.

10. What if a client is late?

Not wise.

11. What if the attorney is late?

Not wise.

12. Do you have case managers? What do they do? What is the process when a case manager is involved?

Yes. They conduct scheduling conferences. The case manager is involved in the initial filing of divorce and some modification proceedings.

13. Do you use mediation?

Absolutely.

14. Do you use Special Masters?

Sometimes.

15. Do you conduct evidentiary hearings?

In domestic cases when requested by counsel and in contested cohabitant abuse cases.

16. Do you handle matters through proffer?

Yes.

17. Does your clerk send out the notice for a pretrial?

Yes.

18. What do you require the parties to bring to a pretrial?

Completed discovery, the financial statement and good faith.

19. How do you view your role in pre-trials?

Identify unresolved issues, explore settlement, make recommendations, certify unresolved ripe issues to district court for trial.

20. Do you guide settlement of the issues?

Yes.

21. Do you have a particular form that you use for financial declarations?

Yes. Click here for a copy.

22. What financial verification do you require?

Income, W-2, paystubs if self-employed bring accountant/bookkeeper records.

23. When is it appropriate to bring a child to court?

Seldom unless requested by the court.

24. How do you handle allegations of abuse?

Refer to DCFS for a 30-day investigation and appoint a GAL.

25. How long do you schedule for a law and motion matter?

OTSC- 15 minutes

26. How long for a pre-trial?

30 minutes.

27. What if we anticipate that the matter will exceed that time?

Notify clerk to expand time with court's permission.

28. Is a minute entry signed by the Commissioner a final order?

No, only if intended to be the judgment and order by recommendation of the commissioner at the commissioner's direction. i.e. pro se.

29. What expectation do you have regarding the dress of the parties?

Decent. Not necessarily church, but not basketball court (i.e. shorts, T-shirt)

30. Can you appoint a guardian-ad-litem? What is the process?

Yes. Order of court.

31. What if there is a concurrent action in juvenile court?

If involving custody, refer the case to juvenile. Avoid multiple or confusing orders.

32. What authority do you exercise with regard to contempt?

If in the presence of the court, 5 days or $500.00.

33. What if the action is a violation of a recent order by the judge?

If elements are established by clear/convincing evidence, yes.

34. Does the matter have to come before the Commissioner for certification before it can be taken to the judge?

Generally, yes.

35. Do you hear Motions for Summary Judgment?

Generally not unless requested by counsel for recommendation. Dispositive motions should be heard by the judge assigned to the case.

36. What if the matter is taken under advisement and quite a bit of time has elapsed? Do we need to file a document, or is a call to the clerk sufficient?

Both would be good.

37. What complaints or concerns do you see with the practitioners who appear before you?

Not prepared. But, for the most part I am impressed with the quality of counsel.

38. What should practitioners do to improve their representation?

Be prepared/concise.

39. Do you sanction attorneys for abuse of process?

Seldom- I can't think of a case where I've done so.

40. Do you sanction attorneys for inappropriate courtroom behavior?

I can't think of a case where I've done so.

41. What should attorneys do when a child emancipates and the child support is automatically adjusted?

Submitting an order reflecting the new child support amount would be appropriate.

42. What types of evidence do you expect to see in cases in which a non-guidelines support amount is requested (i.e. the incomes exceed the guideline table, the parties have more than 6 children, there is a disabled child for whom one party is requesting support beyond the age of graduation)?

Evidence to support each party's respective position.

43. What problems do you see in pleadings?

Sometimes fail to contain facts required by statute- i.e. UCCJEA, initial divorce, where children have lived, DOB.

44. In Orders?

Do not reflect order of the court.

45. Do you have any special concerns (pet peeves)?

Those parties and attorneys (rarely) who disregard court orders.

46. Do you have any concerns about ethical issues you see?

Attempt at ex parte communication.

47. Do you require an Order to Show Cause for contempt?

Yes.