QUESTIONNAIRE
FOR JUDGE’S BENCHBOOK
JUDGE: John Kennedy - 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: Yes. The are conducted both in person and 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: For high-profile or complex cases, case management orders are
helpful – I follow the outline given by Diane Cowdrey.
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, I appreciate courtesy copies of briefs being delivered
to my chambers. The timing depends on the complexity of the matter;
briefs should be delivered between 3 days and 1 week 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: Yes, I schedule hearings on motions automatically upon receiving
notices to submit.
Q: Under what circumstances do you decline to grant a request for oral
argument?
A: I haven’t declined such a request.
Q: What is your policy on allowing overlength memoranda?
A: I frown on such requests.
Q: What separates a useful brief from one that is unhelpful?
A: Focus on key issue; give best authority with quote of holding.
If a lawyer uses the word “disingenuous,” his/her client
will lose that motion.
Q: Do you prefer that counsel provide copies of the relevant cases
prior to a hearing?
A: This is helpful.
Q: What makes an effective motions argument?
A: Short 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: Follow the Rule.
3. Final Pretrial Conference
Q: In your view, what is the purpose of a final pretrial conference?
A: 1) outline issues;
2) jury problems;
3) define claims;
4) submit special instructions; and
5) review settlement chances.
Q: What steps do you take, if any, at a final pretrial conference to
encourage settlement of the case?
A: Strongly encourage parties to settle.
Q: Do you require clients to be present at final pretrial conferences?
A: In civil cases, a representative with authority should attend.
4. Jury Trial Practice
Jury Selection:
Q: How is voir dire conducted in your courtroom?
A: By me.
Q: Do you allow counsel to participate in voir dire? If so, to what
extent?
A: No (but I will use applicable suggestions).
Q: What is your due date for requested voir dire questions?
A: A few days before trial.
Q: Do you allow or encourage the use of jury questionnaires?
A: In complicated or high-profile cases.
Requested Instructions:
Q: When do you require requested instructions to be submitted?
A: A few 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: Yes, I prefer instructions accompanied by supporting cases.
Yes, MUJI is sufficient.
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.
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: I’m flexible.
Q: What are your preferences with respect to motions in limine and
other trial related motions?
A: Submit in ample time prior to trial.
Q: What are your preferences with respect to trial exhibits?
A: Pre-mark; give opposing side and Court a binder with all exhibits.
5. Bench Trial Practice
Q: What are the major differences, in your courtroom, between bench
trials and jury trials?
A: Bench trials move faster; evidentiary issues are not as picky.
Q: Do you appreciate or require proposed findings of fact and conclusions
of law from counsel?
A: Generally.
Q: Do you appreciate or require trial briefs from counsel?
A: In complex matters.
6. Thoughts on Effective Advocacy
Q: What makes an effective advocate in jury arguments?
A: Simple, direct – no theatrics.
Q: What are the most common mistakes made in argument?
A: Too much detail. Poor analogies.
Q: What are some techniques that do, or do not, work effectively in
the examination of witnesses?
A: Don’t argue. Make the point and move on. Don’t raise
immaterial objections.
Q: Do you find the use of computer-assisted presentations (e.g., PowerPoint)
effective and/or useful?
A: Can be.
7. Criminal Matters
Q: How do you handle requests for continuance on pretrials, arraignments
or roll calls?
A: Once the trial is set, need to show good cause for continuance.
For R/C’s arraignments, defendant must waive speedy trial issues
if a delay is requested.
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: – Comments and corrections on PSR;
– Coordinate input from family/victims;
– Suggest alternatives which are reasonable.
Q: Are private pre-sentence evaluations useful or encouraged?
A: They would be considered.
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: Coordinate with other counsel present and with courtroom clerk.
I like to handle in-custody defendants first.
8. Special Issues for Domestic Cases
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: Generally, I favor open, full, accurate responses to relevant
inquiries.
Q: What are your thoughts on imposing sanctions for discovery abuses?
A: I favor strong sanctions.
Q: Are you generally available to solve problems that arise during
a deposition?
A: Yes.
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: Rarely–but I will generally ignore comments that are not
civil. They undermine their client’s case with incivility.
Q: Do you impose any limitations on courtroom movement (approaching
witnesses, podium, etc.)?
A: I like attorneys to stand behind (not beside) the podium, approaching
with permission.
11. Other Miscellaneous Issues
Q: What are your opinions regarding courtroom dress?
A: Men and women attorneys should wear formal business attire.
Witnesses should also be dressed appropriately.
Q: Do you allow children in your courtroom?
A: If they’re quiet.
Q: Do you allow cell phones in your courtroom?
A: If they’re silent.
Q: What, if anything, do you do to enforce promptness in your courtroom?
A: Impose sanctions for unexplained problems.
12. Clerk’s Comments
Q: The name and phone number of my clerk(s) is:
A: Melba Roberts - 238-7507
Kimberly Sheffield - 238-7508
Q: My clerk wants you to please do these things:
A: Direct communications to clerk. Always indicate opposition
side’s position on any motion.
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