QUESTIONNAIRE FOR JUDGE’S
BENCHBOOK
JUDGE: Derek Pullan - 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: Yes. In person.
Q: What are your preferences regarding Case Management Orders/Scheduling
Orders? Do you require that specific things be included in such orders?
A: Comply with Rule 26(f) in preparing discovery plans. At completion
of discovery, parties may request a pretrial conference.
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: Yes. Ten days before argument.
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: Scheduled automatically.
Q: Under what circumstances do you decline to grant a request for oral
argument?
A: When the issue presented is well-settled as a matter of law.
Q: What is your policy on allowing overlength memoranda?
A: Requests to file overlength memoranda should be made judiciously.
Often what needs to be said can be said in 10 pages of argument.
Q: What separates a useful brief from one that is unhelpful?
A: Be brief. Write clearly. Define the issues. Tell the judge what
you want. Comply with Standard 3 of the Standards of Professionalism
and Civility.
Q: Do you prefer that counsel provide copies of the relevant cases prior
to a hearing?
A: Yes, as to cases that are critical to the substantive issue
presented.
Q: What makes an effective motions argument?
A: Preparation for the hearing and responsive answers.
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: Counsel seeking temporary restraining orders must comply strictly
with the requirements of Rule 65A. I try to make myself readily available
to review these requests promptly.
3. Final Pretrial Conference
Q: In your view, what is the purpose of a final pretrial conference?
A: The purpose of a final pretrial conference is to enter a final
pretrial scheduling order. That order addresses the need for an alternate
juror, and sets deadlines for disclosure of exhibits, witness lists,
and filing of pretrial motions, voir dire questions, and jury instructions.
Also, any special needs of counsel or witnesses can be addressed. Finally,
inquiry is made as to the likelihood of settlement.
Q: What steps do you take, if any, at a final pretrial conference to
encourage settlement of the case?
A: By final pretrial conference, I trust that counsel have explored
the merits of alternative dispute resolution and thoroughly discussed
settlement with their respective clients.
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: Conducted by the court. Written questions submitted before
trial.
Q: Do you allow counsel to participate in voir dire? If so, to what
extent?
A: No, except general introductions.
Q: What is your due date for requested voir dire questions?
A: 10 days prior to trial.
Q: Do you allow or encourage the use of jury questionnaires?
A: Only in cases that present a specific need.
Requested Instructions:
Q: When do you require requested instructions to be submitted?
A: 10 days 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: Counsel should confer and file with the court a stipulated set
of instructions. As to instructions upon which no agreement can be reached,
counsel should file their requested instructions under a separate heading,
together with citation to and explanation of supporting legal authority.
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.
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 to 5:00, with lunch from 12:00 to 1:30.
Q: What are your preferences with respect to motions in limine and
other trial related motions?
A: Motions in limine may be filed any time prior to trial, but
no later than 14 days before, pursuant to Utah R. Civ. P. 26(a)(4)(C).
Q: What are your preferences and/or procedures related to witness scheduling?
A: Counsel should consult with each other prior to trial regarding
the timing and order of witnesses. The Court encourages counsel to accommodate
each other in establishing the order of witnesses.
Q: What are your preferences with respect to trial exhibits?
A: A list of exhibits should be submitted to the clerk. Pre-marking
exhibits is encouraged.
5. Bench Trial Practice
Q: What are the major differences, in your courtroom, between bench
trials and jury trials?
A: No major differences.
Q: Do you appreciate or require proposed findings of fact and conclusions
of law from counsel?
A: Proposed findings and conclusions are helpful, depending upon
the issues and complexity of the case. This is a topic for discussion
at the final pretrial conference.
Q: Do you appreciate or require trial briefs from counsel?
A: Yes. They should be filed 10 days prior to trial.
6. Thoughts on Effective Advocacy
Q: What makes an effective advocate in jury arguments?
A: Conscientious preparation before trial. The ability to talk
to people about the case.
Q: What are the most common mistakes made in argument?
A: Lack of careful preparation.
Q: What are some techniques that do, or do not, work effectively in
the examination of witnesses?
A: There is no substitute for pre-trial preparation.
Q: Do you find the use of computer-assisted presentations (e.g., PowerPoint)
effective and/or useful?
A: PowerPoint often causes the advocate to disappear. Limited use
can be effective.
7. Criminal Matters
Q: How do you handle requests for continuance on pretrials, arraignments
or roll calls?
A: Counsel should make every effort to obtain a stipulation as
to motions for continuance.
Q: When may the issue of bail best be addressed in your courtroom?
A: At arraignment/first appearance.
Q: What information do you want from counsel at the time of sentencing?
A: Corrections to the pre-sentence investigation report. Any information
bearing upon the appropriate sentence.
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 try to call matters first that can be summarily handled before
calling the calendar in order. Being present for this initial call can
save attorneys time.
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: Where custody is at issue, counsel should ensure that the evidence
addresses all relevant factors in UCJA 4-903 and Utah Code Ann. §
30-3-10.
Q: What do you want to have on temporary order issues?
A: Orders to Show Cause are initially scheduled for 15 minutes
and counsel should proceed by proffer. Where this cannot be done, counsel
should request an evidentiary hearing.
Q: Do you have a policy on child interviews with respect to custody?
A: Interviews may be conducted upon request of counsel and a showing
of good cause.
9. Discovery Practices
Q: What is your approach to resolving discovery disputes?
A: Counsel should always confer with a view to resolution before
involving the court.
Q: What are your thoughts on imposing sanctions for discovery abuses?
A: Sanctions are appropriate in cases of serious abuse.
Q: Are you generally available to solve problems that arise during
a deposition?
A: I try to be available to assist counsel.
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: The Standards of Professionalism and Civility are a useful guide
to appropriate conduct in court.
Q: Do you impose any limitations on courtroom movement (approaching
witnesses, podium, etc.)?
A: Yes. Counsel should remain within arms’ length of the
lectern and should ask to approach the witness.
11. Other Miscellaneous Issues
Q: What are your opinions regarding courtroom dress?
A: The most serious of matters are dealt with in our courts. Counsel
should dress accordingly. For men, jackets and ties are required.
Q: Do you allow children in your courtroom?
A: No.
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 am on time myself.
12. Other Suggestions, Thoughts, Concerns
I am grateful for the willingness of counsel to educate me regarding
the law and for the conscientious service counsel provide to their clients.
13. Clerk’s Comments
Q: The name and phone number of my clerk(s) is:
A: HEBER: Diann Burgener—(435) 654-4676
AMERICAN FORK: Lesleigh Toews—(801) 756-9654
Q: My clerk wants you to please do these things:
A: Be courteous and respectful.
Contact the Section:
litigationsec@utahbar.org
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