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Motion Practice Motions are set by courtroom staff. Attorneys may contact the room either by phone (946-5960) or in person in Courtroom 560. If possible, please call in the afternoons to set motions as staff is often busy with docket-related matters in the morning. Criminal motions are typically set Monday through Thursday in the morning. Civil motions are set on Friday mornings. Barring unusual circumstances, no motions are set in the afternoons. The Court requires a hearing for any opposed motion. Additionally, the Court requires hearings on motions for default and cognovit note foreclosures (attorneys must present proof of notice to the other party at such hearings). Settlement The Court takes an active role in settling cases and makes frequent use of the alternative dispute resolution options at its disposal. At some point, most civil cases will be referred to arbitration and/or mediation. Calendaring/Continuances Attorneys should contact either the bailiff or the constable to set hearing dates. All hearings are set in the mornings (Monday through Thursday for criminal motions; Friday for civil motions). Case management conferences, reports, pretrials and final entry dates may be reset by mutual agreement or calling the courtroom in advance of the date. Postponement of arbitration and mediation dates may be accomplished by agreed entry or, if there is opposition, by motion. Continuance of a trial date, however, requires express permission of the Court B court personnel have been instructed not to provide such continuances. Obviously, continuances in criminal matters typically require a signed entry and the issue of whether time is to be waived must be settled with the room prosecutor. Courtroom Etiquette Attorneys may stand where they wish. A podium is provided, but its use is not required. Chalkboards, video, etc. is available upon request. Attorneys reporting to the courtroom should approach either the bailiff or the constable, even if a trial is in session. They should always enter through the front door, not the side door marked A Jury Room. Pet Peeves Attorneys should advise their clients to not have small children present in the courtroom. They inevitably cause a disturbance and distract the court reporter. In the event that this request is disregarded, the children and those who brought then will be asked to leave the courtroom. Pretrial Attorneys should not submit formal pretrial statements unless specifically requested to do so. The Court conducts formal pretrial conferences on all cases headed to trial. These conferences occur in chambers and off-the-record. Typically, the primary topics of discussion include trial dates and logistics, pending motions and any remaining settlement efforts. Trial No trial briefs are required. Attorneys may submit any jury instructions they wish. The Court, however, will prepare the final instructions and forms for submission to the jury. In the event of a jury trial, the Court attempts to end the presentation of the case by 4 p.m. daily. Also, jurors are not required to deliberate past 4 p.m. As for voir dire, the attorneys should limit themselves to questions dealing with the potential jurors ability to fairly judge the issues in the case. They should forego questions based on extensive hypotheticals or informed by political issues. The Court will not hesitate to stop voir dire questions that it feels are irrelevant, abusive, overly personal or generally obtuse. Jurors are not allowed to take notes. Deposition testimony may be submitted to the jury either by video or transcription. Discovery Discovery cut-offs are generally set by agreement between the attorneys of record. |