Judge Deno Himonas

QUESTIONNAIRE FOR JUDGE’S BENCHBOOK
Third 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: Scheduling conferences are needed and used in my court. I will schedule a conference, either in person or telephonic, at the request of a party.

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 comply with the applicable rule(s).

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 appreciate courtesy copies of briefs, and I would like them at least two days in advance of the hearing. I also appreciate courtesy copies of the cases/authorities on which the parties rely.

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 schedule hearings automatically upon receiving a notice to submit.

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

A: None.

Q: What is your policy on allowing overlength memoranda?

A: I grant them, but I often wonder why counsel felt the need to turn a 10-page brief into a 50-page brief.

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

A: A good brief is succinct and its points are supported by solid authority and/or are well-reasoned.

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

A: Yes. See above.

Q: What makes an effective motions argument?

A: A well-prepared and well-tempered advocate.

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: Only that I view each Rule 65A motion as unique. Therefore, I may schedule a multi-day evidentiary hearing; alternatively, I may set a relatively brief hearing and take evidence by proffer.

3. Final Pretrial Conference

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

A: To ensure that the parties and the court are on task.

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

A: Proposed findings and conclusions or jury instructions, witnesses, exhibits, etc.

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

A: None.

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

A: It varies.

4. Jury Trial Practice

Jury Selection:

Q: How is voir dire conducted in your courtroom?

A: Primarily by me; however, I do allow limited attorney voir dire.

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

A: Yes, limited.

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

A: At the final pretrial conference.

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

A: Yes.

Requested Instructions:

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

A: At the final pretrial conference.

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 prefer instructions accompanied by supporting authority, and a citation to MUJI is generally sufficient. I also require a set on disk (preferably in WordPerfect 10).

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: Yes. See above.

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: It depends on the length of the trial. I prefer 9 to 5 for trials of short duration, and 8 to 2 for longer ones.

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

A: I don’t have a real preference. Some motions should be brought well in advance of trial; some don’t really make sense until you see/hear them in the context of the evidence.

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

A: None.

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

A: None.

5. Bench Trial Practice

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

A: None.

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

A: I require them.

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: A well-prepared and a well-tempered advocate.

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

A: Being very aggressive.

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

A: Being overly aggressive does not work.

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

A: They can be (depending upon the subject matter).

7. Criminal Matters

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

A: By stipulation or motion.

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

A: At any time (assuming the other side is ready and willing to address the issue).

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

A: (1) Criminal history; (2) efforts at self-correcting the behavioral issues; (3) family support; (4) restitution efforts; and (5) mitigating/aggravating circumstances.

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 allow defense counsel to call them as they see fit.

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: I require an evidentiary hearing on imputation issues.

Q: What do you want to have on temporary order issues?

A: An evidentiary hearing involving W-2s, tax returns, bank statements, affidavits of need/expenses, etc.

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: “Tee them up.” I’m happy to hear them (assuming the parties have first made a good faith effort at resolving the dispute).

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

A: I will impose sanctions in appropriate cases, but I want a hearing before I grant fees.

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

A: Absolutely.

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: Lack of civility has never been a problem.

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: I require lawyers to dress appropriately. I don’t care about how the witnesses dress.

Q: Do you allow children in your courtroom?

A: Yes.

Q: Do you allow cell phones in your courtroom?

A: No.

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

A: Promptness has not been a problem.

Judicial Profile: Judge Deno Himonas