Judge Jon M. Memmott

1. Scheduling Conferences

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

A: Both, but usually by phone.

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

A: I require that scheduling orders comport with URCP 16 and 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. They should be delivered two or three 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: Hearings are scheduled only when a specific request for oral argument or hearing is made.

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

A: I almost always allow oral argument if requested.

Q: What is your policy on allowing overlength memoranda?

A: I allow overlength memoranda upon a showing of good cause.

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

A: A useful brief is concise, provides a clear statement of the facts supporting the motion, and includes appropriate legal argument as applied to facts of case.

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: Clear statement of facts, supported by applicable legal argument.

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: It depends if it is a settlement conference or final pretrial. I ask counsel to distinguish and conduct them differently.

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

A: Settlement:
1. Conducted like mediation/settlement proceeding.

Final Pretrial:
1. Review of all issues relating to trial, including motions, exhibits, instructions, witness schedule, and court schedule.

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

A: Prior to final pretrial, I have a telephone conference to determine if counsel would like my assistance at a settlement conference. If so, we set up a hearing, set the procedure, and schedule. I ask attorneys for their honest assessment of the value of a Settlement Conference. Using this more extensive Settlement process, I do settle a large number of cases prior to trial.

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

A: Yes, if it is a Settlement Conference.
No, if it is a final pretrial.

4. Jury Trial Practice

Jury selection:

Q: How is voir dire conducted in your courtroom?

A: Opening voir dire is conducted by the Court. I do allow attorneys to ask already agreed questions or follow-up questions.

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: Only in major civil and criminal cases, which amounts to only 5% of cases.

Requested instructions:

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

A: One week prior to 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 citation is sufficient. If counsel elects to include a non MUJI instruction, supporting authority should be offered.

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

A: Yes, in most cases, supplemented by the parties on a case-specific basis.

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

A: Either is fine.

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: 9-5 with 1½ hour lunch.

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

A: I prefer to have motions in limine completed prior to trial, usually on my prior Civil Law and Motion calendar, which is is Tuesday afternoon of each week.

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

A: This is done at final pretrial with adjustments each day depending on pace of trial.

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

A: That they are exchanged prior to trial and any objections are handled at Law and Motion hearing Tuesday afternoon prior to trial.

5. Bench Trial Practice

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

A: In jury trials, I try to be very considerate of the jury’s time; for instance, during jury trials I usually take more breaks and take pains to begin and end each day promptly.

In bench trials, I try to accommodate counsel in completing a case. If that means going longer in the day, shorter lunch, etc., then I accommodate counsel.

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

A: I appreciate but do not require findings of fact and conclusions of law.

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

A: I appreciate but do not require trial briefs.

6. Thoughts on Effective Advocacy

Q: What makes an effective advocate in jury arguments?

A: (1) knowing the facts and applying the law to the specific facts of the case; and (2) knowing when to limit argument, which can often be too long.

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

A: (1) Repeating what is said in the written argument; and (2) not answering the questions asked at argument.

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

A: (1) Know what you want to ask before examination; (2) Don’t argue with witnesses, even when attacking credibility.

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

A: If done well, yes, but it must be easy to read and follow. Too much detail in PowerPoint seems to confuse jury.

7. Criminal Matters

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

A: I usually grant them for the first one or two times. After that, good cause is required.

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

A: At any time.

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

A: Specifics about what the person has done:
(1) restitution; (2) counseling; (3) work; (4) education; (5) living arrangements; and (6) record. This is much more important than what the person intends to do.

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: I typically take the cases in the following order: (1) cases involving private counsel, provided they are on time; (2) Public Defender—in custody; and (3) Public Defender—out of custody.

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: Notice to other counsel or party, if possible;
Factual support for order rather than allegations.

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

A: I require consent of both parties; I have the interviews in chambers on the record; and I invite questions each party may want me to ask.

9. Discovery Practices

Q: What is your approach to resolving discovery disputes?

A: Usually by telephone conference.

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

A: I impose sanctions only after a party has been given notice by the court to comply and then has failed to comply.

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

A: Yes.

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: At times. I usually ask counsel to approach the bench and we discuss and resolve the issue at that time.

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—shirt/tie.

Q: Do you allow children in your courtroom?

A: Yes, if seated and quiet, except in adoptions, where I encourage family participation.

Q: Do you allow cellphones in your courtroom?

A: No, they need to be turned off when in the courtroom.

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

A: I usually address it at the time. If it is a pattern, I have requested donations of time or, in lieu of money, to do pro-bono work or charity of their choice.

12. Clerk’s Comments

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

A: Diann Gallegos
(801) 447-3870

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

A: When you leave a message, make sure you leave a number and times you can be reached.