QUESTIONNAIRE
FOR JUDGE’S BENCHBOOK
JUDGE: Steven L. Hansen - Fourth 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 conduct scheduling conferences, and prefer to do so in
person, although I will accommodate out-of-area counsel.
Q: What are your preferences regarding Case Management Orders/Scheduling
Orders? Do you require that specific things be included in such orders?
A: I do require a case management order and it should be as specific
as possible, depending upon the complexity of the case.
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 appreciate receiving courtesy copies of briefs delivered to
my chambers at least two days before 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: I schedule oral argument, but I encourage counsel to initiate
the call because it saves my clerks time.
Q: Under what circumstances do you decline to grant a request for oral
argument?
A: Seldom, if ever, do I decline to grant a request for oral argument.
Q: What is your policy on allowing overlength memoranda?
A: Liberal, within reason.
Q: What separates a useful brief from one that is unhelpful?
A: “WRITTEN SHOUTING” in a brief is very unhelpful,
as are unprofessional personal assaults on counsel.
Q: Do you prefer that counsel provide copies of the relevant cases
prior to a hearing?
A: No.
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: The first thing I will always ask concerns the efforts, if any,
that have been made to notify opposing counsel or parties that you will
be coming to request relief.
3. Final Pretrial Conference
Q: In your view, what is the purpose of a final pretrial conference?
A: To avoid surprise, and to resolve last-minute questions on problems.
Q: What topics or issues should counsel come prepared to discuss?
A: Jury selection, and unresolved evidentiary or legal issues.
Q: What steps do you take, if any, at a final pretrial conference to
encourage settlement of the case?
A: As many as I can without pre-judging the matter.
Q: Do you require clients to be present at final pretrial conferences?
A: Yes.
4. Jury Trial Practice
Jury Selection:
Q: How is voir dire conducted in your courtroom?
A: (1) Simple questionnaire; (2) I ask qualifications questions;
(3) I ask most additional questions; (4) Attorney follow-up; (5) Challenges
for cause in chambers.
Q: Do you allow counsel to participate in voir dire? If so, to what
extent?
A: Yes, extensively if they prefer, but within reason.
Q: What is your due date for requested voir dire questions?
A: The day before trial.
Q: Do you allow or encourage the use of jury questionnaires?
A: Yes.
Requested Instructions:
Q: When do you require requested instructions to be submitted?
A: As soon as possible before trial begins.
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 prefer instructions accompanied by supporting cases.
Q: Do you have a set of stock jury instructions that you use?
A: No. I require counsel to submit a stipulated set of instructions.
Q: Do you prefer to receive an electronic copy of requested instructions?
A: No.
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.
Q: What are your preferences with respect to motions in limine and
other trial related motions?
A: All motions that counsel anticipate should be handled before
jury selection.
Q: What are your preferences and/or procedures related to witness scheduling?
A: I am very flexible to accommodate counsel and witnesses. I do
not permit telephone testimony.
Q: What are your preferences with respect to trial exhibits?
A: I prefer exhibits to be pre-marked, and stipulated to by both
sides, and offered and received without delay of the trial.
5. Bench Trial Practice
Q: What are the major differences, in your courtroom, between bench
trials and jury trials?
A: Bench trials are somewhat less formal. Other than that, there
are no major differences.
Q: Do you appreciate or require proposed findings of fact and conclusions
of law from counsel?
A: Yes.
Q: Do you appreciate or require trial briefs from counsel?
A: Yes.
6. Thoughts on Effective Advocacy
Q: What makes an effective advocate in jury arguments?
A: Respect for the court and the jury, confidence without arrogance,
and the ability to simplify and summarize.
Q: What are the most common mistakes made in argument?
A: Recantation of the facts, reading of jury instructions in their
entirety.
Q: What are some techniques that do, or do not, work effectively in
the examination of witnesses?
A: Head-on confrontation does not work.
Q: Do you find the use of computer-assisted presentations (e.g., PowerPoint)
effective and/or useful?
A: Used appropriately they can be effective and powerful.
7. Criminal Matters
Q: How do you handle requests for continuance on pretrials, arraignments
or roll calls?
A: If stipulated by counsel, I almost always grant them.
Q: When may the issue of bail best be addressed in your courtroom?
A: I require the prosecution to be reasonably notified or it need
not be addressed.
Q: What information do you want from counsel at the time of sentencing?
A: I want to know the defendant’s prior record, information
related to the risk of reoffense, public safety issues, and the victim’s
position.
Q: Are private pre-sentence evaluations useful or encouraged?
A: No.
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: I allow cases to be called out of order when counsel make such
a request.
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: No.
Q: What do you want to have on temporary order issues?
A: Our commissioners handle these, but when I do I desire all financial
information to be exchanged.
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: I encourage counsel, I ask questions, and I try to solve the
problem.
Q: What are your thoughts on imposing sanctions for discovery abuses?
A: I will impose sanctions when necessary.
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: Lack of civility is seldom a problem, but when it is, I will
make suggestive comments to counsel.
Q: Do you impose any limitations on courtroom movement (approaching
witnesses, podium, etc.)?
A: No.
11. Other Miscellaneous Issues
Q: What are your opinions regarding courtroom dress?
A: I think counsel and parties should show respect for the law
and courts by dressing professionally.
Q: Do you allow children in your courtroom?
A: Yes.
Q: Do you allow cell phones in your courtroom?
A: No.
Q: What, if anything, do you do to enforce promptness in your courtroom?
A: I make appropriate comments if this becomes a problem.
12. Clerk’s Comments
Q: The name and phone number of my clerk(s) is:
A: Jenny Smith—429-1008
Jennifer Peay—429-1002
Contact the Section:
litigationsec@utahbar.org
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