Judge Roger S. Dutson

1. Scheduling Conferences

Q: Are scheduling conferences needed or used in your court? If so, are they conducted in person or by telephone?

A: They are needed and used, and are generally conducted by telephone.

Q: What are your preferences regarding Case Management Orders/Scheduling Orders? Do you require that specific things be included in such orders?

A: I have mixed feelings about these orders. They can be very helpful, but must retain reasonable flexibility. The more detailed they are, the better they seem to resolve problems.

2. Motions Practice

Q: Do you appreciate courtesy copies of briefs being delivered to your chambers prior to hearing on a motion? If so, how early do you want them?

A: Yes. I would like them at least 4-5 days before the hearing, and at least one week before the hearing if the case is complex.

Q: Do you schedule hearings on motions automatically upon receiving notices to submit, or do you prefer or require that counsel call to schedule hearings?

A: I review after the Request to Submit has been filed, and have my clerk schedule the hearing, but if counsel requests a hearing through my clerk, I’ll usually look at the case and have her set it.

Q: Under what circumstances do you decline to grant a request for oral argument?

A: Rarely—only if argument is clearly not needed and not required under the Rules.

Q: What is your policy on allowing overlength memoranda?

A: I grant them occasionally, for good cause shown.

Q: What separates a useful brief from one that is unhelpful?

A: A useful brief is clear and concise, with proper quotes from cases and statutes.

Q: Do you prefer that counsel provide copies of the relevant cases prior to a hearing?

A: If a case is clearly on point and/or similar in facts, I do like copies of cases. Too many, however, are counterproductive.

Q: What makes an effective motions argument?

A: An effective motions argument is clear, concise, and contains relevant references to cases and law.

Q: Is there anything about the way you handle requests for temporary restraining orders and preliminary injunctions that you think the bar should be aware of?

A: Only that opposing counsel should be alerted and reachable for telephone conferencing at the time of the request. Also, sometimes opposing parties need to be reached before I will issue.

3. Final Pretrial Conference

Q: In your view, what is the purpose of a final pretrial conference?

A: Criminal: Insure that all attempts to resolve the case are exhausted.
Civil: Insure that alternative settlement and other means are completed, and that further discovery is not needed. I generally invite settlement conferences, if the parties desire it and it is a jury case.

Q: What topics or issues should counsel come prepared to discuss?

A: Motions or issues in limine, legal problems and requests for assistance from the Court.

Q: What steps do you take, if any, at a final pretrial conference to encourage settlement of the case?

A: Generally, I invite settlement conferences in civil cases with decision-makers and parties present.

Q: Do you require clients to be present at final pretrial conferences?

A: No, unless it is a settlement conference.

4. Jury Trial Practice

Jury Selection:

Q: How is voir dire conducted in your courtroom?

A: Initially by the Court, after reviewing questions submitted by counsel. I then allow each attorney to follow up.

Q: Do you allow counsel to participate in voir dire? If so, to what extent?

A: Yes, fully (within reason).

Q: What is your due date for requested voir dire questions?

A: One week prior to trial.

Q: Do you allow or encourage the use of jury questionnaires?

A: I allow them in sex cases, capital cases, and at times in personal injury and some criminal cases. Except in sex cases and capital cases, I do not encourage the use of questionnaires.

Requested Instructions:

Q: When do you require requested instructions to be submitted?

A: One week before trial. I direct counsel to consult and resolve or identify conflicts in instructions at least one week before trial.

Q: What form do you prefer requested instructions to take (e.g., do you prefer instructions accompanied by supporting cases, etc.)? Is a citation to MUJI sufficient legal authority?

A: If the issue is not well settled, cases are helpful.

Q: Do you have a set of stock jury instructions that you use?

A: Yes, and they may be requested from my clerk.

Q: Do you prefer to receive an electronic copy of requested instructions?

A: Doesn’t matter.

Trial Procedures:

Q: What is your preferred trial schedule (e.g., 9 to 5 with an hour for lunch, 8 to 2 with no lunch, etc.)?

A: 9 to 5 with an hour for lunch.

Q: What are your preferences with respect to motions in limine and other trial related motions?

A: At least two weeks before trial if possible.

Q: What are your preferences and/or procedures related to witness scheduling?

A: I am liberal in allowing witnesses out of turn for good cause shown.

Q: What are your preferences with respect to trial exhibits?

A: This must be coordinated with my clerk or opposing counsel before trial or in a manner that does not delay the trial. Mark the document as an exhibit before using it.

5. Bench Trial Practice

Q: What are the major differences, in your courtroom, between bench trials and jury trials?

A: If there is a jury, all issues that would cause the jury to sit around and wait should be resolved before trial if possible. I am less strict on time issues if it is a bench trial.

Q: Do you appreciate or require proposed findings of fact and conclusions of law from counsel?

A: In the proper case it is appropriate. I think it is especially helpful in divorce and custody cases.

Q: Do you appreciate or require trial briefs from counsel?

A: I always appreciate and sometimes require a trial brief. It is most helpful in complex cases and divorce cases.

6. Thoughts on Effective Advocacy

Q: What makes an effective advocate in jury arguments?

A: Clear, concise, and avoids lengthy repetitions of arguments.

Q: What are the most common mistakes made in argument?

A: Lack of preparation of argument and lack of enthusiasm. Sometimes, failure to speak clearly.

Q: What are some techniques that do, or do not, work effectively in the examination of witnesses?

A: Good exhibits to summarize witness testimony is very effective. Pre-trial preparation of witnesses generally puts them more at ease, but be careful not to overprepare to the point where it looks rehearsed.

Q: Do you find the use of computer-assisted presentations (e.g., PowerPoint) effective and/or useful?

A: They can be very helpful, but my observations are that most attorneys don’t do them very well and sometimes they are more harmful than beneficial. Actual exhibits go with the jury and PowerPoint slides do not, so litigants may need both.

7. Criminal Matters

Q: How do you handle requests for continuance on pretrials, arraignments or roll calls?

A: First one or two are generally OK. More than that should be justified.

Q: When may the issue of bail best be addressed in your courtroom?

A: I am liberal in allowing these issues to be raised at the first in-court hearing and thereafter, as long as some reasonable notice is given to the opponent.

Q: What information do you want from counsel at the time of sentencing?

A: Mitigating and extenuating facts relating to the offense from the defendant, as well as criminal history and some background of the person. From the prosecutor, I like to see mitigation, extenuation, aggravation, victim impact, and criminal history .

Q: Are private pre-sentence evaluations useful or encouraged?

A: Useful and encouraged. Short and concise letters are encouraged.

Q: Do you have any standard sentences the bar should be advised about, i.e., DUI sentencings, acceptance of alcohol-related reckless?

A: I do not normally accept alcohol-related reckless if BAC is .14 or greater, or unless there is a good legal reason relating to the evidence.

Q: How should counsel on busy law and motion calendar handle calling a case?

A: Notify the clerk of your name and number on the calendar. I generally allow private counsel to go first, so private counsel should arrive early.

8. Special Issues for Domestic Cases

Q: Are there any special issues that arise in your courtroom in domestic cases of which you would like the bar to be aware?

A: Attorneys should have attempted to resolve many or most issues and if they have not done so, I will sometimes have them meet together to do so. I am reluctant to divide small items in court.

Q: What do you want to have on temporary order issues?

A: I need factual details relating to requested temporary orders.

Q: Do you have a policy on child interviews with respect to custody?

A: I am reluctant to interview children as the attorneys and parents should try to prevent dragging the children into cases. If needed, I usually appoint a guardian ad litem to interview the children.

9. Discovery Practices

Q: What is your approach to resolving discovery disputes?

A: Most often, discovery disputes arise because a party has not been diligent in responding. On those, I generally give deadlines and impose sanctions for non-compliance. On bona-fide disputes on issues, I require that the parties brief the issues, I hold hearings, and issue orders.

Q: What are your thoughts on imposing sanctions for discovery abuses?

A: Impose sanctions.

Q: Are you generally available to solve problems that arise during a deposition?

A: I will always try to be available by phone. Contact my clerk.

10. Thoughts on Courtroom Protocol

Q: Is lack of civility ever a problem in your courtroom? If so, do you take steps to improve civility in your courtroom?

A: Rarely. Initially, I conduct an out-of-court, in-chambers conference to discuss the problem. If the problem continues, I hold a court hearing away from the jury and discuss possible sanctions.

Q: Do you impose any limitations on courtroom movement (approaching witnesses, podium, etc.)?

A: No, except in rare cases such as child witnesses or where it is necessary for courtroom decorum.

11. Other Miscellaneous Issues

Q: What are your opinions regarding courtroom dress?

A: Coat and ties for juries for males; no jeans for women. Ties and neat appearance for most other hearings. In emergencies I am flexible.

Q: Do you allow children in your courtroom?

A: Yes.

Q: Do you allow cell phones in your courtroom?

A: Yes, but I require that they be turned off except by court approval to make outgoing calls.

Q: What, if anything, do you do to enforce promptness in your courtroom?

A: Regular tardiness has appropriate sanctions.

12. Clerk’s Comments

Q: The name and phone number of my clerk(s) is:

A: Diane Wood—395-1156

Q: My clerk wants you to please do these things:

Exhibits should not be pre-marked. I prefer contact by email if an immediate response is requested due to the court’s schedule. dianew@email.utcourts.gov