Judge Donald J. Eyre

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 require that litigants strictly comply with Rule 26. Once the case is ready for a trial setting I will hold a scheduling conference, and I will do so telephonically unless I think a face-to-face conference will enhance settlement prospects.

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

A: In the order setting the case for trial I require a set date for exchange of exhibit lists, and that exhibits be pre-marked, and I also require a date certain to submit proposed jury instructions, proposed juror questionnaires, etc.

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: Since I work out of three court locations, courtesy copies are helpful if they are submitted at least one week in advance, and submitted preferably to my chambers in Nephi.

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: Once a notice to submit has been filed and I think oral argument is appropriate, I will have my clerk contact counsel for a convenient date.

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

A: If after review of the memoranda there is no question in my mind as to the outcome of the motion, I will decline a request for oral argument. I rarely deny requests for oral argument.

Q: What is your policy on allowing overlength memoranda?

A: It is my preference not to allow overlength memoranda, but if the case is complicated with many issues, I will grant such motions.

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

A: A useful brief contains a concise statement of the issues presented in the motion, with a concise statement of the applicable facts, and an accurate statement of the applicable law, and a statement setting forth the reasons why I should rule in their favor.

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

A: It is helpful if counsel will provide copies of the one or two cases that they believe are key to the issues to be decided. It is not helpful to receive copies of every case cited.

Q: What makes an effective motions argument?

A: Assume the Court has read all the applicable pleadings (which it has). Limit argument to the areas of dispute between the parties and to the questions of the Court.

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: If counsel is aware of any counsel for the opposing party, all counsel need to be present for any communications with the Court.

3. Final Pretrial Conference

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

A: Final pretrial conferences should be used to resolve all issues prior to trial to ensure that the trial will go forward smoothly without undue delay.

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

A: Counsel should come prepared to discuss evidentiary issues, such as motions in limine, as well as trial management issues such as time restraints, order of witnesses, pre-marking of exhibits, etc.

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

A: I require that the parties be present either in person or by telephone. I will always have some discussion with counsel and the parties about the possibility of settlement, and encourage it.

4. Jury Trial Practice

Jury Selection:

Q: How is voir dire conducted in your courtroom?

A: I ask counsel to submit proposed voir dire questions prior to trial for my review. I conduct the voir dire myself.

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

A: I permit counsel to conduct follow-up questions. When I conduct individual voir dire in chambers, I permit more attorney participation.

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

A: A minimum of one week prior to trial.

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

A: I have a short standard questionnaire that I use at every jury trial. On occasion, I will permit additional questions submitted by counsel.

Requested Instructions:

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

A: At a minimum, one week prior to 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: I request that they submit one clean copy of their requested instructions and one copy with citations. A MUJI reference is sufficient authority.

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

A: Yes, but it is helpful for counsel to submit the stock instructions with their proposed instructions.

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

A: It is helpful to have an electronic copy available when it is necessary to edit instructions.

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: My normal trial schedule is 9 to 5 with an hour for lunch.

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

A: I prefer that they all be handled at the final pre-trial conference.

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

A: I will usually discuss witness scheduling at the final pre-trial conference. I encourage counsel to accommodate opposing counsel’s witness schedule even if they have to be taken out of order.

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

A: I prefer that exhibits be pre-marked and be available at the final pre-trial conference.

5. Bench Trial Practice

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

A: All evidentiary issues need not be resolved prior to bench trials, but in jury trials that is a priority.

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

A: I believe proposed findings of fact and conclusions of law are helpful to the Court, but I don’t require them in all cases. Sometimes I will require them in lieu of closing arguments.

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

A: Again, trial briefs are helpful to the Court, but not usually required.

6. Thoughts on Effective Advocacy

Q: What makes an effective advocate in jury arguments?

A: Have a common theme throughout the trial, from opening statement through closing argument, as to your theory of the case and the ultimate decision you are asking the jury to make.

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

A: The assumption by the attorney that the jury knows as much about the case as the attorney does.

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

A: Attorneys needs to learn that effective cross-examination can be obtained without coming off as hostile and offensive.

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

A: If they are well used they can be effective, and if the technical difficulties are reduced.

7. Criminal Matters

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

A: I require written motions to be filed (faxed copies are accepted), and contact with opposing counsel must be made, and counsel should indicate on the motion whether there is opposition to the motion or not.

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

A: Bail is best addressed at the initial appearance, and thereafter by written motion only.

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

A: Corrections and response to the PSI and any other information that counsel believes will be helpful to the Court.

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

A: They are not helpful, unless both parties have stipulated to it (such as private psychological or sexual evaluations).

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: The Court will attempt to handle counsel’s scheduling constraints if this is not abused by counsel.

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: Try to avoid the presence and involvement of minor children in the litigation as much as possible.

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

A: Since temporary orders are usually decided on the basis of proffers, I require that the person whose testimony is to be proffered to be present. I require that financial statements be filled out by both parties and proof of income documented.

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

A: I will conduct such interviews if both parties agree. Such interviews are usually not helpful with very young children.

9. Discovery Practices

Q: What is your approach to resolving discovery disputes?

A: I require strict compliance with Rule 26 and the other rules of civil procedure dealing with discovery.

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

A: I regularly award attorneys’ fees with respect to motions to compel, and have stricken pleadings where there has been repeated discovery non-compliance.

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

A: As a last resort I will make myself available to resolve disputes during depositions, but as a general rule attorneys should be able to resolve such disputes themselves.

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: It generally has not been a problem. When it has become a problem, I have usually brought counsel into chambers and resolved the problem outside the presence of the parties and other court personnel.

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

A: It is my practice to require counsel to request permission to approach a witness or the Court, and to remain stationary when addressing the jury.

11. Other Miscellaneous Issues

Q: What are your opinions regarding courtroom dress?

A: Counsel should dress and act professionally.

Q: Do you allow children in your courtroom?

A: Young children should not be in the courtroom unless their presence is required by the nature of the proceeding.

Q: Do you allow cell phones in your courtroom?

A: Yes, if they are turned off and not used.

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

A: I begin hearings on time and expect others to begin proceedings as calendared.

12. Clerk’s Comments

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

A: Juab County: Cindy Jacquart, Taunya Garrett (435) 623-0901
Millard County: Norma Brunson, Sheri Stephenson, Irene Scott (435) 743-6223
Utah County: Teri Kuchar (801) 429-1062

 

Contact the Section:
litigationsec@utahbar.org