Judge G. Michael Westfall

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, scheduling conferences are used in my court, and are conducted both in person and by telephone.

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

A: I prefer that scheduling orders include pleadings deadlines, Rule 26(a) disclosure deadlines, discovery deadlines, deadlines for dispositive motions, a date for final pre-trial conference, estimated length of trial, and whether the parties have demanded a jury or not.

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 prefer that the copies be delivered at least two days prior to 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: My clerk schedules hearings on the law and motion calendar if requested. No hearing is scheduled unless I believe a hearing would be helpful.

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

A: I hardly ever decline a request for oral argument.

Q: What is your policy on allowing overlength memoranda?

A: If requested, I will normally grant the request. If I detect abuse, I may change that policy.

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

A: The statement of facts. Generally, the arguments have been helpful but some facts contained in briefs have nothing to do with the matter at issue.

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

A: Yes.

Q: What makes an effective motions argument?

A: An effective motions argument is one that focuses on relevant facts & relevant law.

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: I will require a bond if there is a possibility the defendant may be damaged or there is a possibility the plaintiff is just seeking to delay the inevitable.

3. Final Pre-trial Conference

Q: In your view, what is the purpose of a final pre-trial conference?

A: To review issues, identify areas of dispute, i.e. facts, witnesses, exhibits, etc.

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

A: Stipulated facts, objections to witnesses or exhibits—issues that need to be detailed.

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

A: I ask attorneys to articulate the issue and what facts, if proved, would result in a decision in favor of his or her client.

Q: Do you require clients to be present at final pre-trial conferences?

A: Present or available by telephone on short notice.

4. Jury Trial Practice

Jury selection:

Q. How is voir dire conducted in your courtroom?

A: Through the use of general questions designed to identify possible concerns. When a concern is identified, I typically address it in chambers.

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

A: Yes, in chambers.

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

A: 10 days before the scheduled trial date.

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

A: I haven’t allowed jury questionnaires, except in multi-day or high-profile cases.

Requested instructions:

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

A: 10 days before the scheduled trial date.

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 a clean copy without citations, and a copy with citations. MJUI is helpful but may not be enough.

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: Not at this time.

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 with an hour and a half for lunch. I have arraignments at 1:15 nearly every day so on most days I go 9-12 and 1:30 to 5:00.

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

A: I prefer these motions to be filed sufficiently in advance of trial (10 days +) so that opposing counsel can respond and so that the issues can be taken care of prior to trial.

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

A: I prefer that exhibits be marked before trial starts.

5. Bench Trial Practice

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

A: Some formality, i.e., no reading of instructions to jury and I allow waiver of reading information.

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

A: Yes. I require them at least 10 days before the scheduled trial date in non-jury trials.

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

A: Yes, I appreciate trial briefs but do not require them. If filed, they should be filed 10 days before the scheduled trial date so that the opposition can respond.

6. Thoughts on Effective Advocacy

Q: What makes an effective advocate in jury arguments?

A: Ability to relate to the jury in a personal way.

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

A: Misstating the facts.

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

A: Being polite is rarely a mistake. Attacking a witness usually offends the jury.

7. Criminal Matters

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

A: I generally grant them unless the case is old.

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

A: At any time, but I rarely consider a reduction absent a motion and hearing or a stipulation.

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

A: Prior record; victim impact.

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

A: I don’t encourage them but I don’t discourage them either. Any information is helpful.

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

A: At least the minimum.

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

A: Be present and prepared to proceed.

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: Admonish clients and witnesses to not react to or communicate with witnesses.

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

A: Witnesses should be available and ready to testify, although proffer may be acceptable if witness confirms.

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

A: Only by guardian ad litem absent very unusual circumstances.

9. Discovery Practices

Q: What is your approach to resolving discovery disputes?

A: Generally I allow discovery unless a request is way out of line.

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

A: Have offending party pay fees of other party.

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

A: I could be.

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 so far.

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

A: Ask permission first, otherwise remain behind the podium.

11. Other Miscellaneous Issues

Q: What are your opinions regarding courtroom dress?

A: Should be conservative and respectful.

Q: Do you allow children in your courtroom?

A: Yes, unless they become disruptive.

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: So far I have met privately with offending parties. Time will tell.

12. Clerk’s Comments

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

A: Carolyn Bulloch, 801-867-3201

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

A: - Last minute add-on’s are always disruptive. Keep to a minimum.
- Access court calendar off of the internet site.
- Prosecutors, Defense Counsel, and the bar should make adequate number of copies so clerks are not asked to do so at last minute.
- Remember clerks cannot show favoritism to any attorney or law firm.
- Clerks must remain unbiased, impartial, in all cases.
- Speak clearly into the microphones and keep paper noise to a minimum.