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Motion Practice –Setting a Motion
- Submit a courtesy copy to Law Clerk.
- Law Clerk will set the Motion on Judge’s calendar & notify counsel
via postcards.
Motion Practice—What kinds of motions to set for hearing
- As a general rule, all motions are set for hearing. Exceptions to this
rule are agreed motions that extend time to plead or respond.
- Exception to the above rule is motions to extend time to plead or respond.
This may be done by an agreed order as long as court-scheduled hearings are
not affected. Counsel may not submit entries of continuance for trial dates,
pre-trial dates, motion dates, or case management conferences.
- If a motion is unopposed, counsel may submit on the pleadings by calling
the court and requesting the judge to decide the motion without argument in
open court.
- If a motion is heard on the record, counsel may not appear by phone.
Motion Practice—Days & Times
Civil Motions are heard in the afternoons after 1:30 p.m. In emergency cases,
motions may be heard in the morning at 8:30 a.m.
Settlement
Judge West is active in civil case settlement. He allows parties to raise the
issue, and will offer opinions on the value of the case. Judge West regularly
orders settlement conferences. Parties are required to be present for settlement
conferences.
Calendaring, Continuances
See motion practice
Courtroom Etiquette
Attorneys should stand at counsel table to address the court during formal
hearings. For the purpose of guilty pleas or informal matters of record,
attorneys may stand at the bar. Attorneys should speak with the Bailiff, Marty
Power, to check in on criminal matters. Attorneys should check in with Law Clerk
Charles Jake for civil matters.
If attorneys wish to appear for case management conferences by phone should
call before hand. As a general rule, local attorneys are expected to attend in
person.
If a case is in progress, attorneys should wait in the gallery to be helped
by the Law Clerk or Bailiff. Phone calls are always welcome for questions.
The Courthouse has a flip chart available for use by counsel. The flip chart
doubles as an easel. Overhead projectors are also available.
Pet Peeves
- Counsel should not bring beverages or food, nor chew gum while in the
courtroom.
- The judge prefers that those who sit in the gallery during session not
wear hats inside the courtroom.
- If an attorney is running late to a hearing date, please call and let the
court staff know.
- Do not walk in and out of the courtroom while court is in session; if you
are expected elsewhere, please let the staff know before you leave.
Pretrial
Pretrial statements should conform with Local Rule 15, outline trial issues
and identify all witnesses to be called during trial. Pretrial statements are
due two business days before the pretrial conference. Pretrial conferences are
held in every civil case.
Trial
- Complete jury instructions are due the day of the pretrial conference.
- Cases are referred out of the courtroom at the request of the parties.
- Judge West does not put any time restrictions on voir dire; selecting a
jury takes as long as it takes. Judge West asks a few questions during voir
dire. Voir dire questions are restricted to subject matter appropriate to
showing whether prospective jurors can objectively find for one side or the
other.
- Jurors may take notes in selected cases. Attorneys may speak with jurors
after the case is over.
- Attorneys may use exhibits during opening statements for demonstrative
purposes only.
- Deposition testimony may be submitted in transcript or video form.
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