| Second Judicial District
Court
1. Thoughts on courtroom protocol:
- Dress should be appropriate for counsel and their clients. The courtroom
is no place for sandals, tank tops and the like.
- Counsel is expected to treat the opposition and court personnel with
dignity and respect.
- Civility is expected on the part of counsel and the parties at all
times during court proceedings.
- Counsel is expected to examine witnesses from the podium, unless granted
permission to approach a witness, and to stand when addressing the court.
- Counsel should address all remarks to the court and not to each other.
- I will be prompt and will be prepared for court proceedings and counsel
are expected to do likewise.
2. Things lawyers do that are helpful:
- I appreciate candor, honesty and preparation. Counsel who admits that
a case is contrary to their client's position is more persuasive than
one who attempts to evade the obvious.
- Courtesy copies of pleadings, together with exhibits from both sides,
should be delivered to the clerk at least 48 hours before the scheduled
hearing. I appreciate receiving copies of the most important cases referenced
in the memoranda, especially cases that are not found in the Pacific
Reporter. It is helpful for counsel to highlight the language in the
case that is pertinent.
- Memoranda that is brief and to the point is very much appreciated.
3. Things that lawyers do that are not helpful:
- Personal attacks on other lawyers or parties, either orally or in
written memoranda, are not acceptable nor are they persuasive in my
court.
- Civility and decorum contribute to a more expeditious resolution of
disputes than cantankerous conduct.
- Counsel who engages in slippery or obstreperous conduct will be held
accountable in my court and will be subject to sanctions.
4. What lawyers should know about my expectation concerning discovery
and case management:
- I am of the view that case management is the function of the court
in conjunction with counsel. Counsel is therefore expected to adhere
to Rule 26 as amended November 1, 1999, concerning discovery. Telephonic
pre-trial management conferences will be scheduled as needed to assure
that the case progresses according to the discovery plan established
by counsel in their planning meeting.
- If I am available, counsel may call for assistance during depositions
if unresolvable issues between counsel arise.
- Counsel are expected to make a good faith effort to resolve discovery
issues before filing Motions to Compel.
5. What lawyers should know about motion practice in my court:
- I will have read counsel's memoranda prior to any hearing. Therefore,
there is no need for counsel to recite all of the facts in the memorandum
during oral argument
unless recitation is necessary due to complex factual issues. What I
want to hear is counsel's legal theory, the factual predicate in support
of the theory and the legal basis justifying the requested result.
- I expect counsel to follow the requirements of Rule 56 and Rule 4-501
on all Motions for Summary Judgement.
6. My impression of an effective motion practice advocate is
one who:
- Is well prepared; admits any weakness in his case; refrains from personal
attacks on counsel or clients; answers my questions directly and avoids
evasive answers;
and understands the difference between argument to the court as opposed
to argument before a jury.
7. What lawyers should know about jury trials in my court:
- A final pre-trial conference will be scheduled approximately one
month before trial.
The following will be discussed at that time:
- Due date for requested voir dire, jury instructions and trial
memoranda;
- Questions of applicable law;
- Evidentiary issues including foundation for expert testimony;
- Scheduling of witnesses;
- Potential for Motions in Limine;
- Exhibits;
- Any other issue that counsel sees as a potential problem.
- I will conduct the initial voir dire but I will allow follow-up questions
by counsel. Counsel should understand that the purpose of voir dire
is to expose potential bias and not to argue the case, gain commitments,
or attempt to ingratiate counsel with the panel. Attorneys who attempt
to misuse voir dire will be immediately cautioned and thereafter cut
short. Generally jury questionnaires are not used in my court but if
the case is unusual or the nature of the case suggests that jury questionnaires
would be helpful then I will consider their use upon the request of
counsel.
- Exhibits are to be pre-marked P-1, P-2, etc; and D-1, D-2, etc. My
clerk has stickers for that purpose upon counsel's request. I request
that counsel for each party prepare an exhibit book for the court containing
a copy of each exhibit, properly marked, for use by me during trial.
Counsel are to be present for trial each morning not later than 8:30
A.M. The daily trial schedule runs from 9:00 A.M. to noon with a mid-morning
15 minute recess. The afternoon session begins at 1:30 P.M. and runs
to 5:00 P.M. with a mid-afternoon 15 minute recess.
- I expect counsel to make reasonable accommodation for the scheduling
of witnesses; for example, scheduling medical witnesses out of order.
However, "down time" is to be avoided. I do not want the jury
waiting simply to accommodate the schedule of a witness.
8. What lawyers should know about bench trial practice in my
court;
- Each party should prepare suggested Findings of Fact and Conclusions
of Law before trial. I also like to get a short trial brief on the elements
of each claim for relief and affirmative defense, as well as on any
evidentiary issues. Please include copies of the relevant cases. These
should all be delivered to chambers at least two business days before
trial.
9. My clerk wants you to keep these things in mind:
- If you call and leave a message, be sure to leave the case number,
your full name, which party you represent, your phone number, and a
short but specific message on what we can do for you. We will get back
to you as soon as we are able.
10. Clerk's name and phone number:
- Ms. Pam Gomm: 1 (801) 447-3840
Contact the Section:
litigationsec@utahbar.org
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