In Minnesota, there are nearly 300 district court judges who preside over matters in ten judicial districts. While the Minnesota Rules of Court provide attorneys with significant information applicable to court proceedings, each judge may have his or her individual preferences with respect to motion practice and courtroom conduct.

In an effort to assist attorneys who may be appearing before a judge for the first time, the MSBA Civil Litigation Section Governing Council provided all district court judges with a brief survey. The responses that we received are organized on the right by judicial district and then alphabetically by judge’s name. We hope you find these responses to be helpful in your preparation for district court appearances.

For information about this project or to report an error in any judicial directory listing, contact Kara Haro, MSBA staff liaison to the Civil Litigation Section.

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Third Judicial District Judges | Courtroom Preferences


Duncan, Karen

Judge

Steele County

View state court bio


Contact with Chambers 

• Preferred method to contact chambers: All inquiries unrelated to transcripts go through Court Admin.

• To whom may attorneys direct scheduling/logistical questions? Court admin

• To whom may attorneys direct substantive questions? Contact court admin and they will relay inquiry to the judge team.


Motion Practice 

• Set forth your practices and procedures for scheduling motion hearings. Contact opposing counsel regarding availability and then contact court admin.

• Identify any type of motion for which you do not require a hearing. To amend the scheduling order.

• Do you accept telephone calls from attorneys to rule on discovery disputes that occur during depositions? Attorneys should not expect to be able to reach me during the court day.

• How much time do you allot for motion hearings? I generally defer to the attorneys as it depends on the issues raised. The default scheduling in family motions is 30 minutes.

• Set forth your practices and procedures with respect to attending a hearing by telephone or video conference. Steele County follows the judicial counsel directives on what can be heard using remote technology. Video capability is required.

• Set forth your practices and procedures with respect to discovery motions. [Did not answer]

• Set forth your practices and procedures with respect to stipulations of the parties, including stipulations for protective orders. I generally review them within 24 hours of them appearing in my Task Manager Queue.

• Do you have any particular requests or procedures relating to requests to amend the scheduling order? I accept stipulated proposed orders without hearing.

• Set forth your practices and procedures with respect to default proceedings. I will generally defer to what the attorney requests in their cover letter.

• Set forth your practices and procedures with respect to handling emergency motions. I follow the law.

• 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. No thanks.

• 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 defer to the attorneys.


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. Only if permission has been granted to keep the record open for such submissions.

• 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. Decision-makers (those with authority to settle) must be present or reasonably available to counsel by phone.

• Identify what technology you use in the courtroom and state whether you prefer a particular electronic format. My courtroom technology only works about half the time, so parties should figure out prior to trial how they will present their evidence.

• Set forth your practices and procedures with respect to attorney’s use of technology in the courtroom and during trial. It is helpful to know ahead of time what it is the attorney wants to play or display. Court admin staff can assist an attorney if they know in advance what the attorney needs.

• 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? Yes.

• Set forth your practices and procedures for handling motions in limine. We handle at the pretrial.

• What is your schedule for a typical trial day? 8:30 - 4:30 with one break in the morning and afternoon and a 1 hour 15 minute lunch break.

• Set forth your voir dire procedures. Parties can submit questions for my consideration.

• 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. I adhere to the written Rules of Decorum unless there is a "needs-based" reason to deviate.

• Do you impose time limits with respect to opening statements and closing arguments? We can discuss that at pretrial.

• Identify what technology you use in the courtroom and state whether you prefer a particular electronic format. Check with court admin regarding the latest info.

• Set forth your practices and procedures with respect to attorney’s use of technology in the courtroom. It cannot distract from the proceedings.

• Set forth your practices and procedures with respect to marking and using exhibits. The numbering can be agreed upon by the attorneys or I will establish it at the pretrial.

• For exhibits uploaded to the Minnesota Digital Exhibit System (MNDES), set forth your preferences regarding naming conventions for files uploaded to the system. A very descriptive title it best, and if the parties have agreed upon a numbering system, please use it.

• Set forth your practices and procedures with respect to handling objections. State the legal basis. Do not argue the basis unless invited to do so, and then it will be out of the hearing of the jury.

• Set forth your practices and procedures with respect to the use of deposition testimony. It's boring. Specific concerns or questions should be raised at the pretrial.

• May attorneys obtain daily transcripts during trial? If so, what procedure should attorneys follow? Nope.

• Set forth your practices and procedures with respect to attorney requests to contact jurors at the conclusion of trial. I tell jurors before I excuse them that it is not uncommon for attorneys to reach out and there is nothing unlawful about doing so. I also inform them that it is entirely up to them if they wish to talk to anyone, including attorneys, about the experience.

• Set forth any other preferences, practices, or procedures attorneys and parties may find helpful. Cite the law you rely on in your pleadings. If in doubt, ask. If you have a solution propose it.

• If your practice differs for trials by remote means, please describe the differences. I have not done a civil jury trial remotely but have had witnesses testify on Zoom by the agreement of the parties. The rules still apply.