Checklist
for Judge’s Responses
Second District Court, Bountiful Division
1. Thoughts on courtroom protocol:
- Please be prompt for all hearings. I will always endeavor to start
hearings on time. If you are going to be delayed for some reason please
call my clerk so that we can be informed.
- Please treat all court personnel with respect.
- I will always allow counsel to converse outside my presence if they
wish to do so. During court proceedings please address arguments to
the court and not to opposing counsel.
2. Things lawyers do that are particularly helpful:
- I appreciate counsel who cooperate with opposing counsel and who conduct
themselves in a professional manner at all times.
- I appreciate counsel who provide the court with courtesy copies of
all exhibits at bench trials. In this regard, please bear in mind that
I will not look at a proposed exhibit until it has been introduced into
evidence. Once an exhibit is introduced, it is always helpful to be
able to follow along with the witness in reviewing the exhibit.
- I appreciate counsel who provide courtesy copies of memoranda (both
sides) prior to motion hearings. I generally attempt to begin my final
review of briefs 10 business days prior to scheduled hearings. I also
appreciate receiving photocopies of the most important decisions referenced
in your memoranda, especially decisions not found in the Utah Reporter.
You are welcome to highlight the language in the decision that is pertinent.
- I appreciate counsel who are well prepared.
- I appreciate counsel who are courteous.
3. Things lawyers do that are not helpful:
- I am easily confused. I do not appreciate counsel who attempt to confuse
or obfuscate the issues either in oral argument or in written memoranda.
- I do not appreciate counsel who attempt to unnecessarily prolong litigation.
- Personal attacks on opposing counsel are not helpful.
4. What lawyers should know about motions practice in my court:
- I will have read counsel’s memoranda prior to the hearing if
submitted in a timely fashion. Oral argument is only meaningful to me
if I have had a chance to read all briefs and cases prior to the oral
argument. Submission of a supplemental brief the day before the hearing
will cause me to want to reschedule oral argument.
- Please fully brief a matter before it is submitted for decision or
oral argument. It is inefficient to have counsel cite a case for the
first time at oral argument and this should only happen if the case
was decided just prior to the argument. I generally will grant a continuance
of a hearing if counsel requests time to analyze a case introduced for
the first time at oral argument.
- I will strictly follow Rule 4-501 of the Code of Judicial Administration
regarding motions for summary judgment.
5. My impression of an effective advocate on motions practice
is one who:
- Is well prepared, attempts to clarify and not confuse and responds
directly to questions.
6. What lawyers should know about jury trial practice in my court:
- I love jury trials.
- I generally will not set a jury trial date until the final pretrial
conference.
7. What lawyers should know about bench trial practice in my
court.
- I generally will not set a trial date until the final pretrial conference.
- Opening statements are helpful to focus the court on the position
of each party. Please be as specific as possible.
- Please be prepared. I generally rule from the bench following a bench
trial. My job is made much easier if each party’s case is presented
in an organized manner.
8. My clerk wants you to keep these things in mind:
- The lead deputy court clerk that I work with(the clerk responsible
to return phone calls related to the court’s schedule) is also
the clerk that is with me in court during most hearings and all trials.
This clerk works very hard to return phone calls promptly but is unable
to call during the time we are in session. Please be patient and we
will attempt to return all calls as promptly as possible. Please treat
all clerks with respect.
9. Clerk’s name and phone number:
- Lana Swanson (801) 397-7028
10. Other comments or suggestions:
- All court personnel in Bountiful are eager to be as user friendly
as possible. We appreciate the opportunity to serve the citizenry of
the Second District. Please let us know of any way that we may do a
better job in fulfilling our role.
Contact the Section:
litigationsec@utahbar.org
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