QUESTIONNAIRE
FOR JUDGE’S BENCHBOOK
JUDGE: Pamela Heffernan - Second District Court
1. Scheduling Conferences
Q: Are scheduling conferences needed or used in your court? If so,
are they conducted in person or by telephone?
A: Yes, telephone.
Q: What are your preferences regarding Case Management Orders/Scheduling
Orders? Do you require that specific things be included in such orders?
A: No.
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, several days before with date of hearing identified.
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: Call scheduling clerk.
Q: Under what circumstances do you decline to grant a request for oral
argument?
A: Rarely do I deny a request.
Q: What is your policy on allowing overlength memoranda?
A: Usually allow.
Q: What separates a useful brief from one that is unhelpful?
A: A short concise brief with pertinent copies of cases attached
is useful.
Q: Do you prefer that counsel provide copies of the relevant cases
prior to a hearing?
A: Yes.
Q: What makes an effective motions argument?
A: Courtesy copies that precede it.
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 rule precisely.
3. Final Pretrial Conference
Q: In your view, what is the purpose of a final pretrial conference?
A: To determine if the case has settled and to receive copies of
jury instructions.
Q: What topics or issues should counsel come prepared to discuss?
A: Settlement.
Q: What steps do you take, if any, at a final pretrial conference to
encourage settlement of the case?
A: None other than inquiry.
Q: Do you require clients to be present at final pretrial conferences?
A: Yes.
4. Jury Trial Practice
Jury Selection:
Q: How is voir dire conducted in your courtroom?
A: I do a preliminary voir dire and allow counsel to conduct appropriate
additional questions.
Q: What is your due date for requested voir dire questions?
A: None.
Q: Do you allow or encourage the use of jury questionnaires?
A: I allow them but do not prefer them.
Requested Instructions:
Q: When do you require requested instructions to be submitted?
A: At pretrial with the understanding that additional requests
may be made at 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: Citation to MUJI is usually sufficient; cases are helpful in
unusual situations.
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: No.
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 1-1/2 hour lunch.
Q: What are your preferences with respect to motions in limine and
other trial related motions?
A: They should be scheduled and heard well in advance of trial.
They will not be heard the day of trial.
Q: What are your preferences and/or procedures related to witness scheduling?
A: I am accommodating to attorneys for scheduling witnesses.
Q: What are your preferences with respect to trial exhibits?
A: Marked consecutively regardless of plaintiff or defendant.
(e.g., 1 through 50 total).
5. Bench Trial Practice
Q: What are the major differences, in your courtroom, between bench
trials and jury trials?
A: No significant differences other than the obvious.
Q: Do you appreciate or require proposed findings of fact and conclusions
of law from counsel?
A: Yes.
Q: Do you appreciate or require trial briefs from counsel?
A: I appreciate them.
6. Thoughts on Effective Advocacy
Q: What makes an effective advocate in jury arguments?
A: Brevity.
Q: What are the most common mistakes made in argument?
A: Lengthy reiteration of irrelevant facts.
Q: What are some techniques that do, or do not, work effectively in
the examination of witnesses?
A: Politeness always works.
Q: Do you find the use of computer-assisted presentations (e.g., PowerPoint)
effective and/or useful?
A: Yes.
7. Criminal Matters
Q: How do you handle requests for continuance on pretrials, arraignments
or roll calls?
A: I must personally grant them.
Q: When may the issue of bail best be addressed in your courtroom?
A: Upon motion for bail hearing.
Q: What information do you want from counsel at the time of sentencing?
A: I am open to all information from counsel.
Q: Are private pre-sentence evaluations useful or encouraged?
A: No.
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: Non-public defender attorneys may ask to have the case called
out of turn when they are ready. Public defenders may let me know which
cases they are ready on by numbers.
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: Do you have a policy on child interviews with respect to custody?
A: No.
9. Discovery Practices
Q: What is your approach to resolving discovery disputes?
A: I appreciate when the attorneys have made every effort to resolve
these on their own.
Q: What are your thoughts on imposing sanctions for discovery abuses?
A: It is 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.
Q: Do you impose any limitations on courtroom movement (approaching
witnesses, podium, etc.)?
A: No.
11. Other Miscellaneous Issues
Q: What are your opinions regarding courtroom dress?
A: Appropriate business attire from attorneys is appreciated.
Q: Do you allow children in your courtroom?
A: Yes.
Q: Do you allow cell phones in your courtroom?
A: Yes—turned off please.
Q: What, if anything, do you do to enforce promptness in your courtroom?
A: I expect an explanation from attorneys. Parties may be subject
to bench warrant.
12. Clerk’s Comments
Q: The name and phone number of my clerk(s) is:
A: Roxanne Baptist.
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