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QUESTIONNAIRE FOR JUDGE’S BENCHBOOK
JUDGE: David Mower - Sixth 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. Either.
Q: What are your preferences regarding Case Management Orders/Scheduling
Orders? Do you require that specific things be included in such orders?
A: Yes. There is a form on our website.
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: Five days in advance.
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: No. If I grant the request for oral argument, the clerk arranges
for a scheduling conference.
Q: Under what circumstances do you decline to grant a request for oral
argument?
A: Depends on the circumstances.
Q: What is your policy on allowing overlength memoranda?
A: Depends on the circumstances.
Q: What separates a useful brief from one that is unhelpful?
A: Short, declarative sentences.
Q: Do you prefer that counsel provide copies of the relevant cases
prior to a hearing?
A: No.
Q: What makes an effective motions argument?
A: Short, declarative sentences.
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 try to follow the Utah Rules of Civil Procedure.
3. Final Pretrial Conference
Q: What topics or issues should counsel come prepared to discuss?
A: Names of witnesses; possibility of pre-marking exhibits; adequacy
of planned trial time; special needs for presenting evidence.
Q: What steps do you take, if any, at a final pretrial conference to
encourage settlement of the case?
A: Inquire if settlement negotiations have occurred.
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: By me.
Q: Do you allow counsel to participate in voir dire? If so, to what
extent?
A: Yes, by proposing questions to me.
Q: What is your due date for requested voir dire questions?
A: None.
Q: Do you allow or encourage the use of jury questionnaires?
A: Allow.
Requested Instructions:
Q: When do you require requested instructions to be submitted?
A: First day of the trial unless otherwise ordered.
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: Citation to MUJI is generally sufficient.
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: 9 to 5, hour for lunch, one morning break and one afternoon
break.
Q: What are your preferences with respect to motions in limine and
other trial related motions?
A: Handle pre-trial if possible.
Q: What are your preferences and/or procedures related to witness scheduling?
A: None – it’s up to the lawyers.
5. Bench Trial Practice
Q: Do you appreciate or require proposed findings of fact and conclusions
of law from counsel?
A: Neither.
Q: Do you appreciate or require trial briefs from counsel?
A: Appreciate.
6. Thoughts on Effective Advocacy
Q: What are some techniques that do, or do not, work effectively in
the examination of witnesses?
A: Do - Short, non-leading questions.
Don’t - argumentative, long or compound questions.
Q: Do you find the use of computer-assisted presentations (e.g., PowerPoint)
effective and/or useful?
A: Yes.
7. Criminal Matters
Q: When may the issue of bail best be addressed in your courtroom?
A: Anytime.
Q: Are private pre-sentence evaluations useful or encouraged?
A: Have never seen one.
Q: How should counsel on busy law and motion calendar handle calling
a case?
A: Consult with Clerk, Bailiff or Prosecutor.
8. Special Issues for Domestic Cases
Q: Do you have a policy on child interviews with respect to custody?
A: Generally do not do this.
9. 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: Rarely.
Q: Do you impose any limitations on courtroom movement (approaching
witnesses, podium, etc.)?
A: Yes.
10. Other Miscellaneous Issues
Q: What are your opinions regarding courtroom dress?
A: Sunday best or best business attire.
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: Try to start on time.
11. Clerk’s Comments
Q: The name and phone number of my clerk(s) is:
A: Clerk Assigned to me is a rotating assignment.
Current Clerk is Sandy Neill 435-896-2753
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