Judge Scott Hadley

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 used as requested by counsel and occasionally by the court. They are almost always 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: My preferences are that they comply with Rule 16 and/or 26.

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. Three business days prior to the hearing.

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: Upon receipt of a request for hearing, I determine whether a hearing is merited. If it is, then the clerk sets the hearing by calling all counsel.

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

A: Where the motion is unopposed and is well-founded.

Q: What is your policy on allowing overlength memoranda?

A: Same as Rule 7. I allow overlength memoranda upon ex parte application and a showing of good cause.

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

A: Brevity, controlling law cited, relief requested clearly spelled out.

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

A: Not if they have provided the citation.

Q: What makes an effective motions argument?

A: Brief and to the point.

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: Follow the rules - I intend to.

3. Final Pretrial Conference

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

A: To make sure the case is, and will be, ready for trial–including ADR compliance and good faith attempts to settle.

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

A: Trial length, trial dates, discovery, motions, witness and exhibit lists and exchange dates, jury instructions, voir dire, trial briefs, proposed findings, settlement, etc.

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

A: I insist on compliance with ADR requirements; I ask if there is anything the court can do to assist in reaching settlement.

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

A: Preferably.

4. Jury Trial Practice

Jury Selection:

Q: How is voir dire conducted in your courtroom?

A: By the court and counsel.

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

A: Yes, to the extent discussed at pretrial conferences.

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

A: The due date is set at pretrial.

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

A: I do allow, but have not encouraged them.

Requested Instructions:

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

A: At a due date set at pretrial.

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: A clean copy, with citations. MUJI is a sufficient citation.

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

A: Yes.

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

A: Yes.

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 and one-half lunch break.

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

A: That they follow Rule 7.

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

A: If not done previously, I request a counsel-only management conference 30 minutes prior to trial to go over expected witness scheduling.

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

A: That they be marked before trial, with copies for the court, opposing counsel, and the witness.

5. Bench Trial Practice

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

A: Bench trials require no jury, no jury instructions or voir dire. Trial briefs and/or proposed findings are more common and helpful in bench trials.

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

A: I appreciate, but do not require them.

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

A: I appreciate and occasionally require them.

6. Thoughts on Effective Advocacy

Q: What makes an effective advocate in jury arguments?

A: Honesty and brevity.

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

A: Going too long, especially on minor issues.

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

A: Do be organized, on time, efficient, to the point, respectful and courteous. Don’t be antagonistic, repetitive or rude.

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

A: When they are well done, they can be both.

7. Criminal Matters

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

A: I grant them upon good cause.

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

A: At the initial appearance. Otherwise, upon motion and notice.

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

A: –Errors found in the PSI.
–RAP sheet/prior convictions, including sentences imposed.
–Specific alternatives.

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

A: In limited circumstances they may be useful. E.g., in a misdemeanor involving violence or sexual deviancy.

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

A: No.

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

A: Be on time and let the clerk know you are ready. Cases are called based on readiness. If several are ready at the same time, they are called as follows: in-custody/private counsel, in-custody/PDA, private counsel, PDA, pro se.

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: No.

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

A: The required information. E.g., on support, a worksheet supported by both parties’ most recent pay stub, last year’s tax return, etc.

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

A: I try to avoid it and rely on G.A.L. and/or evaluators instead.

9. Discovery Practices

Q: What is your approach to resolving discovery disputes?

A: Counsel are free to contact me during deposition disputes. Otherwise, follow the rules.

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

A: Impose them when appropriate.

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

A: Yes.

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. I have intervened on occasion.

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

A: Rarely, and then usually just to ensure a good record.

11. Other Miscellaneous Issues

Q: What are your opinions regarding courtroom dress?

A: Coat and tie for men, dress or slacks for women, are appropriate.

Q: Do you allow children in your courtroom?

A: Yes, but they must not be disruptive.

Q: Do you allow cell phones in your courtroom?

A: Yes, but they must not make an audible ring.

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

A: I try and start on time. I give counsel 10 minutes and then proceed without counsel.

12. Clerk’s Comments

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

A: Mary Kaye Dixon - (801) 395-1121

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

A: Have attorneys use more courtesy copies.