Judge Rodney S. Page

1. Scheduling Conferences

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

A: I hold scheduling conferences only when requested by counsel, or when there is an objection to a notice of readiness for trial or when I think a case is proceeding too slowly. They are telephonic unless special circumstances are present.

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

A: No, just that they conform to Rule 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: Not usually. I generally have the file on my desk the week before and review the information in the file; however, in complicated cases, I do appreciate a binder with all pending motions and memos a week before 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: We schedule them automatically on all cases where oral argument is requested or where I feel it would be helpful. The clerk calls counsel to set the matter.

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

A: Very rarely, only where the result appears obvious.

Q: What is your policy on allowing overlength memoranda?

A: I usually allow it, but I do require that a motion and order be filed so I at least know that counsel has thought about it.

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

A: A useful brief is one that is to the point, as brief as possible and is limited to relevant material.

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

A: No, as long as the cites are in the memo; however, if a complete reading of the case is necessary or if it is a complicated case a copy of the case would be helpful at the time of hearing.

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: I require strict compliance with Rule 65A, particularly as it pertains to notification to the other party or counsel.

3. Final Pretrial Conference

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

A: In my view, the purpose of a pretrial conference is to frame the issues, discuss exhibits & witnesses, and discuss the actual trial schedule. I also take the opportunity to explore settlement.

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

A: All issues in the case, including: witnesses that will be called and the substance of their testimony; the nature and number of exhibits (with a stipulation, if possible, and the elimination of duplicate exhibits); any witness scheduling problems; and jury instructions and voir dire.

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

A: It depends on how close the parties are to settlement and the nature of the case. The court will inquire about settlement. I expect the parties to be present or counsel to have authority to settle.

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

A: Yes. However, I will make exceptions if parties reside out of state or special circumstances exist.

4. Jury Trial Practice

Jury selection:

Q: How is voir dire conducted in your courtroom?

A: Primarily by the Judge with limited voir dire by the attorneys.

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

A: Limited. The Court will ask general questions and those submitted by counsel in proposed voir dire. I do allow counsel limited voir dire at the end, and this is usually expanded somewhat in capital cases and sex abuse cases.

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

A: That date is set at pretrial, and is usually the same date that proposed jury instructions are due.

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

A: I generally do not encourage or use them except in complicated cases or capital homicide cases.

Requested instructions:

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

A: That date is set at pretrial, and is usually at least 2 weeks 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: I like a clean copy, plus a copy with citations. A MUJI citation is sufficient legal authority.

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

A: Yes, for both civil and criminal cases.

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: 9-5 with an hour lunch. Counsel present at 8:30 a.m.

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

A: All must be filed and argued prior to motion cut off date set at pre-trial. I will not consider them thereafter except in extreme circumstances.

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

A: I will generally allow that to be controlled by counsel as long as it doesn’t result in undue delay or waste of time.

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

A: They are to be submitted prior to trial at date set at pretrial in the order counsel wants to use them. The clerk will mark them. If there are more than 10 exhibits, they should be placed in a binder with a copy for the Court and opposing counsel and one for the witness.

5. Bench Trial Practice

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

A: None, other than requirements as to jury instructions, and proposed voir dire and jury selection. Otherwise, the scheduling remains the same.

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

A: No!

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

A: No. If I think they will be helpful I will ask for them at pretrial.

6. Thoughts on Effective Advocacy

Q: What makes an effective advocate in jury arguments?

A: Clear, concise and not overly long.

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

A: Too long, directed at too many irrelevant issues.

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

A: It is highly ineffective for counsel to show disrespect for a witness, antagonism, or use too much repetition.

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

A: Generally not, but in a case with complicated issues and/or many exhibits it can be effective and/or useful. I require court approval in advance at pretrial.

7. Criminal Matters

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

A: Usually my clerk can give one automatically. On the second, the Court has to approve. It will be granted only if good cause. Third time no way!

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

A: Bail is best addressed at the initial appearance. If it can’t be resolved, then a special setting will be given.

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

A: I find it useful if counsel can provide insight into the defendant, information about any available support system, and any other relevant information that is not in the pre-sentence report or which may need to be clarified.

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

A: Only in very limited circumstances—i.e., misdemeanor cases involving violence.

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: The Court calls the cases. A case may be called out of order for good cause (let the clerk know). Our calendars on criminal law and motion are set so we handle private counsel first. (Be on time.)

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 facts that will enable the Court to make a fair determination.

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

A: Yes. I hesitate to interview children who are under 9 or 10 years old. Otherwise, I like to speak with the children alone if the parties will agree. I interview children individually where more than one is involved.

9. Discovery Practices

Q: What is your approach to resolving discovery disputes?

A: Counsel are free to contact the Court by phone on conference call to see if it can resolve the matter short of filing a motion to compel or for protection, or to resolve a dispute during deposition.

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

A: I will not hesitate to impose sanctions if I am convinced that there have been abuses or “sharp dealing” by counsel.

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: Civility is rarely a problem in my Court. I credit that to the high quality of counsel that make up the Bar of this state.

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

A: Not generally; however, I like counsel to request to approach another counsel’s witness the first time. Also because of location of cameras and speakers, the Court discourages counsel from wandering during examination of witnesses in order to preserve a good record.

11. Other Miscellaneous Issues

Q: What are your opinions regarding courtroom dress?

A: I expect male counsel to wear a coat and tie at all times and female counsel to wear a similar standard of wardrobe. There is no such thing as “dress down Friday” in the court.

Q: Do you allow children in your courtroom?

A: Yes, but they are expected to be quiet and under control (within reason) except on adoption day, when we’re just glad to have them there.

Q: Do you allow cellphones in your courtroom?

A: Only if they are turned off and not used in the courtroom.

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

A: I expect counsel to be on time. If I see a pattern of lateness developing, I will talk to counsel in chambers. If it persists, I will make note in open court. If it still persists, I will consider contempt.

12. Other Suggestions, Thoughts, Concerns

I enjoy being a Judge. I appreciate having counsel appear in court and the great service they provide to our system of laws, and for the most part they do an excellent job. It is a privilege for me to serve with them. I am always available by telephone or in person to discuss a matter or procedure with counsel so long as it can be done within the Canons of Ethics

13. Clerk’s Comments

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

A: Tracy Barney (801)447-3860

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

A: Be respectful, be patient, and feel free to call if you have questions. But, please don’t ask about legal questions or how the Judge will rule on your case.