QUESTIONNAIRE
FOR JUDGE’S BENCHBOOK
JUDGE: Stephen C. Roth - 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: I do not conduct initial Scheduling Conferences, unless specifically
requested by counsel. I generally rely on attorneys to set out the initial
schedule through a Rule 26(f) process. Scheduling Conferences are set
after a notice of readiness for trial, and may be by telephone at counsel’s
option.
Q: What are your preferences regarding Case Management Orders/Scheduling
Orders? Do you require that specific things be included in such orders?
A: I rely on the Rule 26(f) requirements and the standard form
used by Third District.
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: The party bringing the motion (or 1st motion where cross-motions
are filed) is required to provide courtesy copies of all relevant pleadings
two weeks before 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: Automatic scheduling.
Q: Under what circumstances do you decline to grant a request for oral
argument?
A: Non-dispositive motion where issues are clear.
Q: What is your policy on allowing overlength memoranda?
A: Generally allow.
Q: What separates a useful brief from one that is unhelpful?
A: Organization of pertinent facts. Citations to pertinent authority
with appropriate quotes (Utah 1st), then other jurisdictions and candor
about the state of applicable law.
Q: Do you prefer that counsel provide copies of the relevant cases
prior to a hearing?
A: Yes, the most pertinent cases.
Q: What makes an effective motions argument?
A: Being prepared to focus on the pivotal issues and answer questions.
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: Ex parte only in extraordinary circumstances, which must be
thoroughly supported.
3. Final Pretrial Conference
Q: In your view, what is the purpose of a final pretrial conference?
A: Identify central issues, identify potential evidentiary or other
witness or evidence related issues, discuss settlement efforts and potential.
Q: What steps do you take, if any, at a final pretrial conference to
encourage settlement of the case?
A: Sometimes require or urge mediation if parties have not done
so.
Q: Do you require clients to be present at final pretrial conferences?
A: Not at this point.
4. Jury Trial Practice
Jury Selection:
Q: How is voir dire conducted in your courtroom?
A: By me, based on standard questions and specific questions submitted
beforehand by counsel.
Q: Do you allow counsel to participate in voir dire? If so, to what
extent?
A: Limited participation, usually during follow-up questioning
with individual panel members.
Q: What is your due date for requested voir dire questions?
A: Date of final pretrial – usually at least two business
days before trial, if not otherwise specified.
Q: Do you allow or encourage the use of jury questionnaires?
A: Depends on the case, but I certainly allow them in complicated/lengthy
cases.
Requested Instructions:
Q: When do you require requested instructions to be submitted?
A: Usually at final pretrial - at least two business days before
trial if not otherwise specified.
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: Clean copy and copy with citations. MUJI citations generally
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 and print.
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 to 5. 8-2 on longer trials (generally two weeks or longer).
Q: What are your preferences with respect to motions in limine and
other trial related motions?
A: In writing at pretrial generally, but no later than two business
days before pre-trial if not otherwise specified.
Q: What are your preferences with respect to trial exhibits?
A: Pre-marked. Binder for judge where exhibits exceed 10-20.
5. Bench Trial Practice
Q: What are the major differences, in your courtroom, between bench
trials and jury trials?
A: Nothing out of the ordinary.
Q: Do you appreciate or require proposed findings of fact and conclusions
of law from counsel?
A: Yes. On disc and paper, no later than two business days before
trial if not otherwise specified.
Q: Do you appreciate or require trial briefs from counsel?
A: Only if legal issues are central to the case or complicated/unusual
or complicated evidentiary issues are anticipated.
6. Thoughts on Effective Advocacy
Q: What makes an effective advocate in jury arguments?
A: Having a theme that fits the elements and facts of case. Telling
a story, rather than just a recitation of facts.
Q: What are the most common mistakes made in argument?
A: Lack of focus and organization that leaves facts inadequately
related to each other and the elements of proof.
Q: What are some techniques that do, or do not, work effectively in
the examination of witnesses?
A: Sarcasm, harsh treatment are usually not effective.
Q: Do you find the use of computer-assisted presentations (e.g., PowerPoint)
effective and/or useful?
A: Sometimes.
7. Criminal Matters
Q: How do you handle requests for continuance on pretrials, arraignments
or roll calls?
A: Routinely granted unless objection by either side.
Q: When may the issue of bail best be addressed in your courtroom?
A: At roll call or prelim. calendar. Usually will not consider
release or bail reduction if the matter has already been heard unless
material change of circumstances.
Q: What information do you want from counsel at the time of sentencing?
A: Facts that may supplement PSR information in a pertinent way.
Q: Are private pre-sentence evaluations useful or encouraged?
A: Will consider private PSIs on misdemeanors with little criminal
history.
Q: Do you have any standard sentences the bar should be advised about,
i.e., DUI sentencings, acceptance of alcohol-related reckless?
A: Second DUI will be required to do the minimum 10-day jail term.
Q: How should counsel on busy law and motion calendar handle calling
a case?
A: Assert themselves politely.
8. Special Issues for Domestic Cases
Q: Do you have a policy on child interviews with respect to custody?
A: Not at this point.
9. Discovery Practices
Q: What is your approach to resolving discovery disputes?
A: Case by case.
Q: What are your thoughts on imposing sanctions for discovery abuses?
A: I will impose sanctions in appropriate cases per the rules.
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: Generally not a problem.
Q: Do you impose any limitations on courtroom movement (approaching
witnesses, podium, etc.)?
A: 1. Stay at or near podium during witness exam.
2. Ask permission to approach witness the first time during each exam
and then go ahead without permission if needed to show an exhibit to
witness.
3. No closer than five feet to jury box during opening and closing -
no approach to jury box otherwise.
11. Other Miscellaneous Issues
Q: What are your opinions regarding courtroom dress?
A: Per the district rules and standards.
Q: Do you allow children in your courtroom?
A: If quiet.
Q: Do you allow cell phones in your courtroom?
A: If turned off (ringer off - no answering phones in courtroom).
Q: What, if anything, do you do to enforce promptness in your courtroom?
A: I expect promptness, but deal with tardiness case by case.
12. Clerk’s Comments
Q: The name and phone number of my clerk(s) is:
A: Marcy Thorne, 238-7501.
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