Judge Ernie Jones

1. Scheduling Conferences

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

A: In my courtroom, scheduling conferences are used most often in complex civil cases. Usually such conferences are 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 prefer scheduling orders to be as detailed and specific as possible.

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: I do appreciate courtesy copies of briefs, and I prefer that they be delivered 7 days prior to the scheduled 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: I prefer it when counsel calls to schedule hearings.

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

A: Never. If Attorneys want oral argument I set it.

Q: What is your policy on allowing overlength memoranda?

A: Never. If it cannot be said in 25 pages then something is wrong.

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

A: Useful briefs are concise and to the point, with case law on point. Long briefs are generally not helpful.

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

A: Not always necessary.

Q: What makes an effective motions argument?

A: The most effective motions arguments are short and brief, and are conducted by counsel who can answer the Court’s questions.

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: No.

3. Final Pretrial Conference

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

A: To be sure both sides are ready for trial, and that there are no surprises.

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

A: Witness list, jury instructions, last minute settlement possibilities.

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

A: None. I think it is up to the parties. I do not lean on either side.

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

A: No.

4. Jury Trial Practice

Jury selection:

Q: How is voir dire conducted in your courtroom?

A: The Judge and attorneys are involved.

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

A: Yes, I give counsel some latitude.

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

A: 7 days before trial.

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

A: Only on serious cases, such as murder or aggravated sexual assault.

Requested instructions:

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

A: 7 days 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: MUJI is enough. Cases are not required with instructions.

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 hour for lunch.

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

A: I prefer that such issues be raised and dealt with well before trial.

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

A: Witnesses should be there for start of trial, during jury selection.

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

A: I prefer to have exhibits marked before trial.

5. Bench Trial Practice

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

A: Jury trials move much slower because of instructions.

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

A: I appreciate proposed findings but I do not require them. I give the parties the option.

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

A: Trial briefs are not required, but can be helpful in some cases.

6. Thoughts on Effective Advocacy

Q: What makes an effective advocate in jury arguments?

A: Short and concise arguments are most effective.

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

A: The most common mistake I see is counsel going on too long.

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

A: Being aggressive does not win points with most juries.

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

A: In some cases it is useful, but in most cases copies of documents works fine.

7. Criminal Matters

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

A: We need to be flexible, but most of us can figure out which attorneys are playing games.

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

A: At arraignment or roll call.

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

A: RAP Sheet, prior convictions, victim impact statement.

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

A: I have never used a private PSR.

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: Tell my Clerk what you want. Everything goes through the Clerk.

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: I need to know the reasons why the order is needed.

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

A: I usually do not interview the child; Guardian Ad Litem is used in most cases.

9. Discovery Practices

Q: What is your approach to resolving discovery disputes?

A: Give both sides adequate time for discovery. Sanctions used sparingly.

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

A: Only used in extreme cases.

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

A: No, but I can be if really necessary.

10. Thoughts on Courtroom Protocol

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

A: Yes, from time to time. I tell the attorneys that the bickering does not help their case.

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

A: No, but I tell them that moving aroundmay affect the recordingor ability to record their comments.

11. Other Miscellaneous Issues

Q: What are your opinions regarding courtroom dress?

A: Coat and tie is appropriate for men. Dress or slacks for women—no mini skirts.

Q: Do you allow children in your courtroom?

A: On a limited basis.

Q: Do you allow cellphones in your courtroom?

A: No.

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

A: Never been a problem here.

12. Clerk’s Comments

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

A: Venna Woodring. 1-801-395-1176

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

A: If a large number of exhibits will be offered at trial, pre-mark or provide notification to the Clerk so I can be prepared. Other than that, we are easy!