Judge John R. Anderson

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 usually conduct them telephonically, unless it’s a very complex case.

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

A: Follow Rule 26. I look for a time line especially regarding discovery.

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, and I would like them delivered 2 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: If a hearing is requested I usually accommodate the request. Otherwise I don’t schedule a hearing unless I think it would be helpful.

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

A: Almost never.

Q: What is your policy on allowing overlength memoranda?

A: Liberal.

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

A: The shorter the better.

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

A: I do not require it, but it is helpful.

Q: What makes an effective motions argument?

A: Focus on your strongest points, and talk about the issues.

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: Such requests are not lightly granted. Be sure your facts are good and that you follow the Rule.

3. Final Pretrial Conference

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

A: The primary purpose of a final pretrial conference is to facilitate settlement, and to determine if it would be appropriate to refer the case to mediation.

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

A: Any major issues open for discussion.

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

A: Major arm-twisting.

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

A: Usually, yes, unless the lawyers have settlement authority.

4. Jury Trial Practice

Jury Selection:

Q: How is voir dire conducted in your courtroom?

A: I ask the questions.

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

A: Counsel is allowed to participate only through me. I do make exceptions to this from time to time, but only in chambers.

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

A: One day before trial.

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

A: Yes, in complex or capital cases.

Requested Instructions:

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

A: In criminal trials, one day before trial. In civil cases, three days before 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: Citation to MUJI is sufficient.

Q: Do you have a set of stock jury instructions that you use?

A: In criminal cases, I rely on the prosecutor. In civil cases, I handle it on a case-by-case basis.

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 (or later).

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

A: These should be filed at least five days prior to trial.

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

A: I discuss this in chambers prior to jury selection in a criminal case. In a civil case I discuss this at the final pretrial conference.

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

A: Please pre-mark them.

5. Bench Trial Practice

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

A: Bench trials can be a little less formal, and on evidentiary issues going to weights I tend to be a little more liberal.

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

A: Yes, sometimes.

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

A: Yes, I find them very helpful, but I don’t require them.

6. Thoughts on Effective Advocacy

Q: What makes an effective advocate in jury arguments?

A: Common sense, and straight talk.

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

A: The most common mistake is counsel assuming that the judge is an idiot. Get to the strong points.

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

A: Usually these are not helpful, but I have seen some effective ones. Most of these take more time than they are worth.

7. Criminal Matters

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

A: Liberal.

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

A: Bail is best addressed after counsel has been selected and the matter has been discussed with the state.

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

A: Work status, prior criminal record, family status.

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

A: Not useful, not encouraged.

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 accommodate out-of-town lawyers. If someone has an emergency or a scheduling problem they should see my clerk first.

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: I discourage large family support for the parties.

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

A: I prefer to take evidence by proffer on temporary order issues.

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

A: The child must be at least 8, and the parties must stipulate.

9. Discovery Practices

Q: What is your approach to resolving discovery disputes?

A: Most judges hate these. I will impose sanctions (i.e., attorneys’ fees) in order to discourage disputes.

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

A: I will generally impose sanctions, including dismissal.

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

A: Yes, and I have done so on several occasions.

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 has been a problem on very few occasions. I do take steps to improve civility, and I will meet with counsel in chambers if this becomes an issue, and we will have an effective discussion.

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

A: I am fairly lax on this.

11. Other Miscellaneous Issues

Q: What are your opinions regarding courtroom dress?

A: Lawyers: church clothes. Others: more relaxed. No tank tops or gang clothes. I haven’t really had a problem with this.

Q: Do you allow children in your courtroom?

A: Yes, if they are quiet. Any noise and they are out.

Q: Do you allow cell phones in your courtroom?

A: Yes, but I don’t allow them to ring.

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

A: I push the attorneys if they are in negotiations. Otherwise, this is not a problem.

12. Clerk’s Comments

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

A: Candace Hall: (435) 781-9306

 

Contact the Section:
litigationsec@utahbar.org