In Minnesota, there are currently 293 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 questionnaire. The responses that we received are organized here by judicial district and the 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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Ninth Judicial District Judges

Hermerding, David

NoPhotoDistrict Court Judge

Counties:  Aitkin County

State Court Bio: View Bio

Contact with chambers:

  • Set forth your preferred method to contact chambers (telephone, e-mail, etc.).  I can be contacted by either e-mail or telephone. 
  • To whom may attorneys direct scheduling/logistical questions?  Questions can be directed to my scheduling clerk, Samantha Fagerman.
  • To whom may attorneys direct substantive questions?  Substantive questions can be directed to my court reporter, Karen Skaj.

Motion practice:

  • Set forth your practices and procedures for scheduling motion hearings. A motion needs to be filed, unless an emergency. My scheduling clerk will then schedule the hearing. 
  • Identify any type of motion for which you do not require a hearing. N/A
  • Do you accept telephone calls from attorneys to rule on discovery disputes that occur during depositions? Yes.
  • How much time do you allot for motion hearings? Typically 15 to 30 minutes. 
  • Set forth your practices and procedures with respect to attending a hearing by telephone or video conference. My clerk initiates the call to the parties. 
  • Set forth your practices and procedures with respect to discovery motions. N/A
  • Set forth your practices and procedures with respect to stipulations of the parties, including stipulations for protective orders. N/A
  • Do you have particular requirements or procedures relating to requests to amend the scheduling order? No.
  • Set forth your practices and procedures with respect to default proceedings. In many default hearings, I allow the party seeking the default to appear by telephone. 
  • Set forth your practices and procedures with respect to handling emergency motions.  Please contact my scheduling clerk to handle an emergency motion. 

Written submissions:

  • Do you want to receive paper courtesy copies of the parties’ written submissions? If you do, set forth the number and preferred format of courtesy copies and identify any document type you do not want to receive. No, paper copies are not necessary. I review all documents electronically. 
  • Set forth your practices and procedures for requests to deviate from the requirements of the General Rules of Practice for the District Courts.  A written request would need to be filed with the Court. 

In-court proceedings:

  • Identify what technology you use in the courtroom and state whether you prefer a particular electronic format. Our courtroom is quite behind the times when it comes to technology. Please contact the Court to discuss what technology is available. 
  • Set forth your practices and procedures with respect to attorney’s use of technology in the courtroom and during trial. It is strongly encouraged. 
  • Set forth your practices and procedures with respect to the submission of additional legal authority or other materials at or after oral argument. In most situations it is allowed, as long as copies are provided to opposing counsel. 
  • Do you permit parties to bifurcate oral argument so different attorneys address different legal issues?  Yes

Pretrial procedures:

  • 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 held 30 to 45 days before trial. All parties should personally attend. I will assist in discussions if necessary. 
  • Set forth your practices and procedures for handling motions in limine.  N/A

Trial:

  • What is your schedule for a typical trial day? 9 to noon, resume at 1:30. Typically go until 5 p.m. 
  • Set forth your voir dire procedures. N/A
  • 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. N/A
  • Do you impose time limits with respect to opening statements and closing arguments?  No
  • Identify your practices with respect to the use of technology in the courtroom during trial. Strongly encouraged.
  • Set forth your practices and procedures with respect to marking and using exhibits. Exhibits should be marked before trial in the interest of judicial economy. 
  • Set forth your practices and procedures for handling objections. I expect both parties to have a basis for their objection. 
  • Set forth your practices and procedures with respect to the use of deposition testimony. N/A
  • May attorneys obtain daily transcripts during trial? If so, what procedure should attorneys follow? Very difficult, as I am the only judge in Aitkin County. Almost impossible for my court reporter to prepare daily transcripts. 
  • Set forth your practices and procedures with respect to attorney requests to contact jurors at the conclusion of trial.  No set practice yet in place.