District Court Judge

Counties: Dakota

State Court Bio: View Bio

Motion Practice

• How long do you normally allow per party for argument of non-dispositive motions? I try to give the parties as much time as they need
• How long do you normally allow per party for oral argument of dispositive motions? I try to give each party as much time as they need
• With respect to oral argument, do you prefer an attorney to not reiterate written material? Yes
• Do you regularly conduct hearings and motions by phone? Yes
  If yes, please describe the procedure you would like attorneys to use to do so, including how testimony is to be transcribed and who puts the teleconference together: The moving party should initiate the call. If the parties want a stenographic record made, they should advise the court's chambers.
• State any specific procedures you would like attorneys in your courtroom to follow at motion hearings: Even with the assumption that the court has read the briefs, I like a brief recap of the facts, procedural history, and how the moving party frames the issues. It is helpful if the parties can somehow organize their oral arguments into about 3 main points.
• Do you like to receive courtesy copies of motion papers? Yes

Discovery Disputes

• Do you require counsel to "meet and confer" before bringing discovery disputes to a hearing? Yes
• Will you accept telephone calls from attorneys to rule on discovery disputes that occur during the course of a deposition? Yes

Pretrial Procedures

• When do you normally set the pretrial in relation to the trial? [No Answer Entered]
• Do you normally hear motions in limine at the pretrial? [No Answer Entered]
• When are jury instructions due? [No Answer Entered]
• When are proposed special verdict forms due? [No Answer Entered]
• When do you require that final witness lists be exchanged and filed? [No Answer Entered]
• When do you require that final exhibit lists be exchanged and filed? [No Answer Entered]
• Do you discuss settlement of the case with the parties at the time of the pretrial? [No Answer Entered]
• State any specific procedures you would like attorneys to follow at the time of the pretrial: [No Answer Entered]

Continuances and Changes in the Scheduling Order

• For changes in the scheduling order, except date of trial: I normally allow such changes if counsel agree.
• For changes on the date of trial: Such changes are not allowed without special written request or a motion to the court.
• Under what circumstances would you consider granting a change in the trial date? [No Answer Entered]

Civil Jury Trials

• Do you perform preliminary voir dire? Yes
• Do you place a time limit on voir dire by counsel? No
• Is there subject matter you will not permit counsel to ask of the jury? Yes
  If yes, please explain: I try to limit voir dire to questions relevant to ensuring a fair and impartial panel. I try to give the lawyers a copy of Judge Gordon Shumaker's comments on Voir Dire--it's excellent!!!!
• Do you require counsel to sit or stand during questioning of witnesses? Don't care, they can do either
• Do you require counsel to be behind counsel table unless counsel has a specific reason to approach a witness? No
• Do you normally require counsel to meet each morning with the court before the jury comes into the courtroom? Yes
  If yes, how many minutes before court commences? If something has come up or if the lawyers request a discussion, we'll meet about 15 minutes before we call up the jury for the day.
• I normally start jury trials at: 9:00 a.m.
• I normally give the jury a break of 20 minutes in the morning.
• I normally take a lunch break at: 12:00 Noon
• I normally give the jury a break of 20 minutes in the afternoon.
• I normally finish court for the day at: 4:30 p.m.
• Do you permit jurors to:
  Take Notes: Yes
  Keep notes during deliberation? Yes
  Ask the witnesses questions? No
• If counsel asks to approach to argue a ruling, do you generally: Engage in the discussion at the bench with the jury present.
• Do you place a time limit on final argument? No
  If yes, If yes, what is the time limit? [No Answer Entered]
• When do you instruct the jury? Before argument
• After argument and instructions, do you:
  Require counsel to be available by telephone? Yes
  Request that counsel remain at the courthouse during deliberations of the jury? No
  Take a verdict without counsel present and inform them after the verdict by telephone of the result? Yes

Sanctions of Counsel

• Have you ever sanctioned counsel with imposition of a fine? Yes
  Or jail? No
• Have you ever held counsel in contempt of court? No
• Have you ever reported an attorney for unethical behavior? No
• When, if ever, would you consider issuing sanctions, formal reprimands, holding an attorney in contempt, or reporting an attorney for unethical behavior? [No Answer Entered]