District Court Judge
Washington County
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Contact with Chambers
• To whom may attorneys direct scheduling/logistical questions? My scheduling clerk, Lyndsey Westphal.
• To whom may attorneys direct substantive questions? My law clerk, Sarah Anderson.
• Set forth your practices and procedures for scheduling motion hearings. Please schedule through my scheduling clerk.
• Do you accept telephone calls from attorneys to rule on discovery disputes that occur during depositions? No.
• How much time do you allot for motion hearings? Varies, depending upon the issues. I will read all submissions ahead of time, so the attorneys do not need to re-state the arguments in their briefs and affidavits. I may ask clarifying questions.
• Set forth your practices and procedures with respect to attending a hearing by telephone or video conference. I conduct most hearings via zoom.
• Set forth your practices and procedures with respect to discovery motions. Handled consistent with the Minnesota Rules of Civil Procedure.
• Set forth your practices and procedures with respect to stipulations of the parties, including stipulations for protective orders. I will approve them if signed by all attorneys on behalf of their clients.
• Do you have any particular requests or procedures relating to requests to amend the scheduling order? I will almost always grant joint requests, but I appreciate receiving an explanation (additional discovery, ADR, etc.).
• Set forth your practices and procedures with respect to default proceedings. Noticed and scheduled per the rules, handled via zoom. I typically give the party in default ten minutes past the scheduled hearing time before calling the case.
• Set forth your practices and procedures with respect to handling emergency motions. As needed, on a case by case basis.
• If your preferences for motion hearings by remote means differ from any of your earlier answers, please describe your preferences for remote video conference hearings.
• Do you want to receive paper courtesy copies of the parties' written submissions? If you do, set forth the number of courtesy copies and identify any document type you do not want to receive. Not necessary.
• Set forth your preferences for handling informal requests for relief using the expedited, informal non-dispositive motion process set forth in Minn. Gen. R. practice 115.04(d). I will handle the issue informally if it is limited and relatively straightforward. More complex issues should be addressed via formal motion.
Pre-Trial Procedures
• Set forth your practices and procedures with respect to the submissions of additional legal authority or other materials at or after oral arguments. I usually begin the hearing by asking clarifying questions of the lawyers. I will then give them the chance to emphasize their key points, but having read their materials ahead of time I will not want them to repeat everything in their documents.
• Describe your preferred procedures for pretrial settlement conferences, including the timing of such conferences, persons who must attend, whether persons may attend by telephone or video conference, and how you participate in settlement discussions. Usually, I will hold pretrial settlement conferences via zoom. I will conduct them in person if requested by the attorneys. The clients should either be present or immediately available by phone.
• Set forth your practices and procedures with respect to attorney’s use of technology in the courtroom and during trial. Be sure to coordinate with court staff ahead of time.
• Do you permit parties to bifurcate oral argument so different attorneys address different legal issues? Yes.
In-Person Trials
• Are you willing to provide a date certain for trial? To the best of our scheduling ability.
• Set forth your practices and procedures for handling motions in limine. Typically, I will hear and rule about two weeks before trial.
• What is your schedule for a typical trial day? 9:00-12:00 and 1:30-4:30, with fifteen minute breaks mid-morning and mid-afternoon.
• Set forth your practices and procedures with respect to courtroom decorum, including movement in the courtroom, use of a podium, whether attorneys should sit or stand, and how to address witnesses. Attorneys can stand or sit, whichever is more comfortable for them, but should always be within arm's-length of counsel table, except when handling exhibits and during openings and closings. They are welcome to use the podium.
• Do you impose time limits with respect to opening statements and closing arguments? No.
• Set forth your practices and procedures with respect to attorney requests to contact jurors at the conclusion of trial. No problem.