Judge Anthony B. Quinn

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 do not routinely set scheduling conferences. If counsel believes a scheduling conference would be useful in a particular case, they should file a motion and state with particularity why they believe such a conference would be helpful.

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

A: No preferences beyond what is required in 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: I strongly urge parties to submit courtesy copies prior to a hearing. In order for the copies to be helpful, they must be delivered to my chambers seven days prior to the hearing. My clerks pull calendars seven days in advance, and I generally begin my preparation for hearings at that same time.

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: On those cases where there will be a hearing, the hearing will be automatically scheduled upon receipt of a Notice to Submit. If the hearing is set for a time that you cannot meet, please call my clerk with opposing counsel on the line just prior to 8:00 a.m., any morning.

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

A: Almost all motions are set for oral argument, regardless of whether argument is requested.

Q: What is your policy on allowing overlength memoranda?

A: Motions to submit an overlength memoranda are invariably granted.

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

A: The most helpful briefs are easy to read. A logical organization makes a brief more easy to read. Each paragraph should begin with a topic sentence. The brief itself should be divided into meaningful subparts. A table of contents is frequently very helpful.

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

A: Yes. Copies of cases are most helpful when they are submitted with courtesy copies of briefs seven days prior to the hearing.

Q: What makes an effective motions argument?

A: I almost always make a tentative ruling at the start of oral argument. Oral arguments are most helpful when they directly address my tentative views on the motion. Please don’t hesitate to tell me that I’m wrong and give me the reasons.

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 am very reluctant to grant ex-parte TRO’s. If you are seeking an Order, your papers need to make a strong showing under Rule 65A(b)(1).

3. Final Pretrial Conference

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

A: (1) set dates for anything that needs to be completed before trial

(2) discuss settlement

(3) discuss any unique circumstances that may affect the trial

(4) discuss in general the parties’ claims and defenses

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

A: I would generally ask what efforts, if any, the parties have made to settle the case. We will also explore such things as roadblocks the various parties see to settling the case, whether mediation would be helpful, whether a settlement conference with another judge would be helpful. The amount of time we take to discuss settlement will be dictated by the responses I receive to those questions. I will generally not strong-arm the parties toward settlement. If, however, I sense there is genuine interest in settling the case, I will take whatever time is necessary to facilitate that settlement.

Q: Do you require clients to be present at final pre-trial conferences?

A: I encourage clients to be present at pretrial conferences. It is sufficient for out-of-state clients to be available by phone.

4. Jury Trial Practice

Jury selection:

Q. How is voir dire conducted in your courtroom?

A: I conduct voir dire. I appreciate written proposed questions from counsel in advance of trial.

Q: Do you allow counsel to participate in voir dire?

A: No.

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

A: Generally, one week before trial. A specific date will be set at the pretrial conference.

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

A: Only if there is a particular need. I do not believe that a questionnaire is helpful in most cases.

Requested instructions:

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

A: Usually one week before trial, a specific date will be established 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: Two sets of jury instructions should be submitted: one set that includes a reference to MUJI or other authority, and one set that is blank and without citations.

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

A: Only for criminal cases.

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

A: I prefer a hard copy, but a disk would also be helpful.

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: 8:30 a.m. to 5:00 p.m., with one and one-half hours for lunch.

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

A: If motions in limine are anticipated, that fact should come out at the final pretrial conference. I will usually set a separate date to have those motions argued. It is my strong preference not to keep a jury waiting while last minute legal issues are resolved.

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

A: Counsel should do their best to schedule enough witnesses to avoid any down-time during the trial.

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

A: Exhibits should be marked in advance. I would appreciate receiving an exhibit list from both parties, as well as a notebook containing all trial exhibits.

5. Bench Trial Practice

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

A: The conduct of the trials is very much the same.

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

A: In all bench trials proposed Findings of Fact and Conclusions of Law are required. They are usually filed one week prior to the first day of trial. An exact date is usually established at the final pretrial conference.

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

A: Trial briefs are appreciated in any case that involves novel substantive or evidentiary issues.

6. Criminal Matters

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

A: Where possible, counsel should obtain a stipulation. I will generally accept counsel’s representation that he has spoken to opposing counsel and that counsel has stipulated to the continuance.

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

A: Bail may always be discussed at roll call. At any other hearing, counsel must give notice to the prosecution that bail will be addressed.

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

A: The most important issue at the time of sentencing is whether the privilege of probation will be granted. In reaching that decision, a number of factors are considered, including the nature and circumstances of the crime, defendant’s criminal history, defendant’s history on probation, the efforts the defendant has made since the commission of the crime to rehabilitate, and whether the defendant spent any time in jail on this crime. Counsel should be prepared to discuss anything that demonstrates that a particular defendant is likely or unlikely to succeed on probation.

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

A: Yes.

Q: Do you have any standard sentences the bar should be advised about, i.e., DUI sentencings, acceptance of alcohol-related reckless?

A: On a first DUI community service will generally be imposed in lieu of the two days mandatory jail, unless the defendant had a high BAC (.16% or greater), or the defendant was involved in an accident. After the first DUI, jail will invariably be imposed.

Q: How should counsel on busy law and motion calendar handle calling a case?

A: Counsel are encouraged to call their own cases as soon as they are ready.

7. Special Issues for Domestic Cases

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

A: I generally do not conduct child interviews in custody cases.

8. Discovery Practices

Q: What is your approach to resolving discovery disputes?

A: I will generally take the time to go through specific deposition questions, interrogatories or requests for production. This approach is time consuming, but I don’t know any other way to rule on these matters.

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

A: I am reluctant to impose sanctions where there is a good faith difference of opinion. I will not hesitate to impose sanctions where it appears that one party is obstructing discovery.

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

A: Yes.

9. 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 not been a problem in my courtroom.

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

A: I appreciate it when counsel ask permission the first time they wish to approach a witness or the white board, but counsel need ask only once with each witness.

10. Other Miscellaneous Issues

Q: What are your opinions regarding courtroom dress?

A: Professional attire.

Q: Do you allow children in your courtroom?

A: Yes.

Q: Do you allow cell phones in your courtroom?

A: Only if they are turned off.

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

A: There is nothing I specifically do to enforce promptness. Counsel should know that I think punctuality is very important. I am the kind of person who is never late for anything.

11. Clerk’s Comments

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

A: Jill: 238-7486
Kim: 238-7035

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

A: When calling to reset a hearing, please have opposing counsel on the line so we can transfer your call to the Judge, because he sets his own calendar.