Judge Sandra N. Peuler

MOTION PRACTICE

1. Oral argument on motions is scheduled between 9:00 and Noon on Mondays, and from 9:00 until 10:00 every other day.

2. I follow Rule 4-501. All pleadings must be filed in accordance with the rule, followed by a notice to submit. Nothing will happen until the notice is filed. At that time, I will review the pleadings and ask my clerk to set a hearing on all dispositive motions. No hearing will be set until that process is followed.

I generally do not set hearings on non-dispositive motions. However, if you think it is important, you should ask; I will always consider your request.

3. Please provide courtesy copies of all motions that are set for oral argument. Do not send copies , however, until the hearing date is set. Once the date has been established, the moving party is asked to send me a copy of all the pleadings filed in connection with the motion by any party. Parties are also encouraged to send me a copy of one or two of the most important cases they cited. I usually try to rule from the bench, and–to that end–generally decline to read cases handed to me during the argument. If I should read the case, make sure I get it before the hearing.

Please deliver all courtesy copies, with date and time of the hearing marked, to my clerk, at least three business days before the hearing.

4. I always read memos before oral argument, and so it is not helpful when lawyers simply reiterate the information in their memos. What I want lawyers to do is to talk to me about their strongest points, and also go outside their memos and discuss the important case law that they cited.

5. I do not have a set law-and-motion calendar. My clerk sets arguments individually, so that your motion will have a specific time. My clerk will give you whatever time you tell her you need. If you tell her the motion will take an hour to be argued by both sides, that’s what you will get. It is discourteous to opposing counsel and the court to argue longer than the time you have allotted bo you. Be realistic in determining how long the oral argument will take.

6. Promptness is important in motion hearings. Because you have a set time, if you are late, you cause everyone behind you to be impacted.

7. Please let my clerk know if you have resolved your motion, because she can, likely, fill that time with another case.

8. Be civil in pleadings and in oral argument. Deal with the substance of your motion, rather than wasting time on disparaging other counsel. Calling names, blaming other counsel, and other negative comments will not help your case.

9. Do not send proposed orders with your motion. The proposed order should be submitted only after the ruling.

10. On temporary restraining orders, read Rule 65A before you come to the courthouse. The rule requires notice to the other side, or a written statement as to why no contact has been made. That is a requirement to getting past my clerk.

COURTROOM PROTOCOL

1. I generally do not require lawyers to remain behind the podium during trials. The only exceptions to movement about the courtroom are as follows: first, lawyers may not stand over the jury, as jurors find that intimidating. Second, lawyers should always ask before approaching the bench or a witness. Finally, in our video courtroom, the microphones are placed at counsel table and on the podium. If lawyers move about the courtroom, they need to be sure they are speaking loudly enough to make their record without benefit of microphones. Additionally, court reporters, who transcribe our video records, have advised that it is easier to accurately report when the person who is speaking is on camera.

2. Lawyers should address their arguments and objections to me; never engage in a dialogue between each other during a hearing or trial.

TRIAL PRACTICE

1. All trials, both bench and jury, begin at 10:00 a.m. I break from noon until 1:30. The afternoon session ends at 5:00 p.m. I am very reluctant to ask my staff or a jury to remain after 5 p.m., and generally will refuse to do so.

2. I expect counsel to be courteous with each other in scheduling witnesses. If a witness’ schedule requires him/her to be called out of order, I expect opposing counsel to accommodate that, within reason.

3. I have standard voir dire questions that apply to every trial. Any special requested voir dire must be supplied to me three business days before the trial. Any objections to the opposing side’s voir dire must be supplied to me two business days before the trial.

A courtesy copy of each is helpful to my trial preparation.

4. I generally ask all the voir dire questions in the courtroom, and then allow counsel to follow up with related questions, if needed. If individual voir dire is necessary, counsel may conduct that when we are in chambers.

5. If a lengthy trial is anticipated, counsel are encouraged to prepare a questionnaire for jurors, in place of some voir dire. Questionnaires are limited to five or six pages, and the contents of the questions must be stipulated to by counsel, or submitted to me for decision at the pretrial conference.

6. I have a set of general instructions that I use. Counsel may have a copy of those instructions, upon request to my clerk. Additional instructions requested by counsel should be submitted on the first day of trial. Counsel should supply me with one clean set of stipulated instructions and two sets of instructions on which there is no stipulation. One of those sets should be clean, and the other should contain appropriate references to supporting statutory or case law.

7. If your trial is scheduled for more than one day, I require parties to attend one session of mediation. Parties may choose the mediator, and each party is required to pay his/her share of costs. Mediation may be scheduled at any time, before or after discovery, but must occur before the final pretrial, which precedes the trial by one or two weeks.

8. All trial exhibits should be pre-marked. My clerk can give you stickers upon request. The preferred way of numbering exhibits is to have plaintiff start with 1 through 50, or other appropriate number; the defendant can then start with the next number and continue on as needed. Please give my clerk a numbered exhibit list on the first day of trial, and be sure to have a courtesy copy of the exhibits for me.

9. Listen to the witness, so as not to repeat questions. Don’t cover the same ground two or three times.

10. Remember that bench conferences during jury trials are not on the record. In order to prevent the jury from hearing the discussion at the bench, the microphone must be turned off; therefore, there is no recording of that conversation. Each time there is a break, counsel will be given an opportunity to make a record of what occurred.

11. In bench trials, do not submit proposed findings of fact. Do, however, provide me with a trial memo, if there are legal issues I may need to decide during the trial. In addition, attach a copy of important cases. Memos should be brief, generally no longer than five pages.

12. We have easels, notepads, a video monitor, and a VCR available for trials. However, we share with other courtrooms, so let us know before the trial starts what you will need. We do not have an overhead projector or screen.

Please talk to my clerk or bailiff before the trial starts about where to place equipment; don’t try to figure that out while the jury is waiting. Also, know how to use the equipment before the trial starts; don’t practice in front of the jury.

13. Counsel should caution witnesses to refrain from using non-descriptive words, such as “here,” “there,” or “where I’m pointing,” in referencing an exhibit. Any subsequent transcript will be written, and such words will not make a clear record.

14. Counsel should refrain from allowing witnesses to leave the witness box without consent. Witnesses will not be allowed to lecture in front of the jurors, nor will witnesses be allowed to remain out of the witness box, except as may be necessary to reference a chart or other large exhibit.

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1. Scheduling conferences are generally handled by phone, to save everyone time. We will hold in-person conferences if we don’t have phone numbers for everyone, or if there are too many people for us to handle the matter by phone.

2. Delivering papers to me while I’m in court is ok. Just approach the bailiff or clerk and give him/her the paperwork. If it is something needing immediate attention, the clerk or bailiff will use best efforts to let you know our schedule.

3. If you need to see me, contact my clerk to find out my schedule. She will suggest some times that I will be available, so you won’t have to sit in the courtroom and wait for hours.

4. Please do not send me letter that contains substantive information about a case. If there is something I need to take action on, it must be in the form of a motion.

5. Please do not send me courtesy copies of every pleading filed. Courtesy copies are only needed after a date is set for hearing or trial.

MY CLERK WANTS YOU TO KNOW

1. My clerks are Kathy Grotepas, whose phone number is 238-7051, and DeVonya Gallivan, whose phone number is 238-7020.

2. Call to get a date and time for orders to show cause, writs, or other matters requiring hearing, before sending your pleadings to the court. You can, then, fill in that information without requiring the clerk to do so later.

3. We schedule pretrial hearings on domestic matters after the case is referred to the trial calendar by the Commissioner. Call to get a date or send in a request for hearing.

4. Regarding OSC calendars for dismissals: if you do not want the case dismissed, call one of my clerks. You will be given 90 days from the hearing date to settle or file a certificate of readiness. It is your responsibility to call opposing counsel with that information.

5. Dates for contempt hearings which have been certified by the Commissioner can not be set by phone, as I review those files to determine what is appropriate. Call one of my clerks to give her the case name, file number, etc, and we will get back to you as soon as possible.