Judge Thomas L. Kay

Thoughts on courtroom protocol:

• Treat the opposing counsel, opposing parties, clerk, bailiff, jury, and me with respect.
• Control your clients and witnesses.
• Address all remarks to me and not to opposing counsel.
• When I speak, don’t interrupt.
• Be on time and be prepared.

Things lawyers do that are particularly helpful:

• Provide me courtesy copies 48 hours before the hearing.
• Provide me a personal exhibit binder in bench trials.
• Tell me what their clients want, why they want it, and why they should get it.
• Are prepared and get to the point.
• Are on time.

Things lawyers do that are not helpful:

• Personally attack opposing counsel.
• Write memoranda that clouds rather than clarifies the issues.
• Come to hearings or trials unprepared.
• Do not come on time.

What lawyers should know about motions practice in my court:

• I read all papers submitted to me before the hearing on your motion.
• There is one law clerk for the six judges in Davis County.
• I strictly follow Rule 4-501 regarding motions for summary judgment

My impression of an effective advocate on motions practice is one who:

• Is well prepared.
• Responds directly to my questions.

What lawyers should know about jury trial practice in my court:

• Jury trials begin in my court at the Final Pretrial Conference. It is there where we discuss juror questionnaires, voir dire questions and who will conduct voir dire, exhibits, witnesses, jury instructions, and special trial circumstances. I expect the attorneys to address at the Final Pretrial all problems that they can reasonably anticipate.
• I also discuss at the Final Pretrial my practice of allowing jurors to ask questions during the trial. Jurors are told at the beginning of the trial that they will be able to take notes and also ask questions in writing. After a witness has been examined by direct, cross, and redirect, I ask the jury if they have any questions. If so, they write them down and hand them to the bailiff. I examine the questions and then have counsel approach the bench to review the questions and make any objections. If the questions are improper, they are not asked. If they are proper, I ask the questions and then give all counsel the opportunity to ask any follow-up questions. I have used this approach in a number of cases and have found that it keeps the jury more involved, the attorneys more aware of what the jury is concerned about, and does not add significant time to the trial.
• I require that two copies of your proposed jury instructions be submitted at least two days before the trial or the date set at the Final Pretrial Conference. One copy should be without citations or numbers. The other copy should be numbered and have citations. Instructions from MUJI can be listed by number and do not need to be written.
• My trial schedule is 8:30 a.m. through Noon with a 10-15 minute break and 1:00 p.m. through 5:00 p.m. with a 10-15 minute break.

What lawyers should know about bench trial practice in my court:

• I require that proposed Findings of Fact and Conclusions of Law be submitted at least two days before the trial. I like an opening statement that tells me what you want and why you should get it. This is especially applicable to divorce trials. I am here to decide the case. Don’t expect me to do your work.

My clerk wants you to keep these things in mind:

• She is a human being, treat her like one. She is helpful and kind. She is only one person and will get back to you as soon as possible. Always leave your full name, who you represent, your phone number, and a short but specific message of what you need.

Clerk's name and phone number:

• Vicki Leo (801) 444-4310.

Other comments or suggestions:

• I am here to help you resolve your cases. I will get involved, at your request in early scheduling or management conferences. Sometimes, I will do that on my own. I will also do scheduling conferences or other hearings by phone. If available, I will also hear disputes that arise during depositions.