Judge Gary D. Stott

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, I conduct scheduling conferences. I am happy to conduct them by telephone if necessary. In some instances, the court calls counsel, and in some instances, the lawyers place the call.

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

A: I require that Scheduling Orders contain all dates as to discovery, motions to be filed, 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: Yes, I appreciate courtesy copies of briefs, and prefer that they are hand-delivered to chambers one week prior to the hearing if possible.

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 do not automatically set oral argument on all motions, and the Rules do not require that. If I feel I need it I will set it. Counsel may requestit if it is permitted under the rules.

Q: What is your policy on allowing overlength memoranda?

A: I generally do not allow overlength memoranda.

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

A: A useful brief contains good application of the facts of the particular case to the applicable law.

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

A: It is helpful, but not necessary.

Q: What makes an effective motions argument?

A: Not simply reciting the written material.

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: Just follow the rules.

3. Final Pretrial Conference

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

A: To set trial date.

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

A: I will inquire as to mediation and may order it depending on the case.

Q: Do you require clients to be present at final pretrial conferences?

A: No.

4. Jury Trial Practice

Jury Selection:

Q: How is voir dire conducted in your courtroom?

A: Attorneys may submit questions to me, but I do the asking to the panel.

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

A: Between 10 days to a week before trial.

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

A: Yes. I like them and use in all civil cases and criminal as well.

Requested Instructions:

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

A: I require instructions to be submitted at the same time as voir dire.

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: Just what the rule says, with clean copy as required.

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: 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: 8:30 to 12:00, and then 1:15 - 5:00 or so.

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

A: I prefer that such issues be resolved before trial.

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

A: Lawyers control this aspect of trial.

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

A: If there are many, I like them to be pre-marked with my clerk the week before trial.

5. Bench Trial Practice

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

A: Bench trials are not as formal, maybe more relaxed as to evidence, although this will depend on the particular case.

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

A: No.

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

A: Sometimes they are helpful.

6. Thoughts on Effective Advocacy

Q: What makes an effective advocate in jury arguments?

A: Make your point and sit down.

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

A: The most common mistake I see in my courtroom is counsel taking much too long to make the argument.

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

A: To me, sometimes yes; for Jury, I don’t know.

7. Criminal Matters

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

A: Stipulations or conference calls.

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

A: Usually at the first appearance.

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

A: Anything helpful to the court.

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

A: They are sometimes helpful.

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

A: None.

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

A: I usually take them as they are listed, unless the case can be resolved without discussion by new date, etc.

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: These are addressed with the commissioner.

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

A: Yes. I will do if both parties agree. They are done with the child only—no counsel or parent present.

9. Discovery Practices

Q: What is your approach to resolving discovery disputes?

A: If counsel cannot resolve the disputes, I will address the dispute on motion. However, I do require that the attorneys first make an effort to resolve the situation before bringing it to me.

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

A: Only if abuses, on a case by case review.

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

A: Sure.

10. Thoughts on Courtroom Protocol

Q: Is civility ever a problem in your courtroom? If so, do you take steps to improve civility in your courtroom?

A: Not very often a problem. I will step in if the situation warrants.

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

A: Not usually—just be polite, and orderly. Counsel must, however, stay by the microphone.

11. Other Miscellaneous Issues

Q: What are your opinions regarding courtroom dress?

A: Coats for men, good grooming and professional appearance for all.

Q: Do you allow children in your courtroom?

A: Yes, unless they are disruptive.

Q: Do you allow cellphones in your courtroom?

A: NO! Not without permission, which is given in special situations only.

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

A: Strike cases, dismiss claims, or whatever is appropriate. I do expect attorneys to be on time.

12. Clerk’s Comments

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

A: Keri Sargent, 801-429-1065

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

A: Not be unreasonable.