District Court Judge

Counties: Hennepin

State Court Bio: View Bio

Motion Practice

• How long do you normally allow per party for argument of non-dispositive motions? I am currently in Family Court. We scheduled motions for 45-minute blocks.
• How long do you normally allow per party for oral argument of dispositive motions? I am currently in Family Court. Although I have not had a "dispositive motion" brought in Family Court, we normally schedule 45-minute hearings.
• 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? No
  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: [No Answer Entered]
• State any specific procedures you would like attorneys in your courtroom to follow at motion hearings: Please be sure to speak with the opposing counsel/party prior to the court hearing. It disrupts the schedule if counsel wait until the start time for the motion in order to have these necessary discussions. Try to not re-state your pleadings; rest assured I have read them.
• 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? 30-60 days
• Do you normally hear motions in limine at the pretrial? Yes
• When are jury instructions due? Two weeks prior to the start of trial.
• When are proposed special verdict forms due? Two weeks prior to the start of trial.
• When do you require that final witness lists be exchanged and filed? Two weeks prior to the start of trial.
• When do you require that final exhibit lists be exchanged and filed? Two weeks prior to the start of trial.
• Do you discuss settlement of the case with the parties at the time of the pretrial? Yes
• 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: I rarely grant such changes.
• Under what circumstances would you consider granting a change in the trial date? Unforeseen witness availability and medical emergencies.

Civil Jury Trials

• Do you perform preliminary voir dire? Yes
• Do you place a time limit on voir dire by counsel? Yes
• Is there subject matter you will not permit counsel to ask of the jury? Yes
  If yes, please explain: This is hard to answer in the abstract. It depends upon the type of case.
• 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? Yes
• 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? I would like to meet with counsel at the end of each day or before the start of each day for approximately 15 minutes.
• I normally start jury trials at: 9:00 a.m.
• I normally give the jury a break of 15 minutes in the morning.
• I normally take a lunch break at: 12:00 Noon
• I normally give the jury a break of 15 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? N/A
• 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? No

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? Candor to the court is very important. I expect attorneys to be honest with me. The time I imposed sanctions was to address the fact that both attorneys misrepresented the nature of their resolution of the case, such that the court (and the parties) waited for months to get a stipulated resolution, only to have it nearly fall apart. All the while, counsel informed the court the settlement had been reached and was just being documented -- in the end it was clear there were very limited discussions between counsel. The trial was twice continued at request of counsel (since the resolution "had been reached"), with little reason in the end for the continuances.