District Court Judge

Counties: Sherburne

State Court Bio: View Bio

Motion Practice

• How long do you normally allow per party for argument of non-dispositive motions? Depends on calendar and nature of case--would hope to keep under 15 / side
• How long do you normally allow per party for oral argument of dispositive motions? Depends on calendar and nature of case--would hope to keep under 20/ side
• 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: I try to read pleadings in advance. If I haven't I let the attorneys know. If I have read pleadings I ask for new information. I expect that when I ask lawyers not to repeat what is in their pleadings, that the lawyers will honor my expectation. Otherwise use 2/3 of time for presentation save 1/3 for reply. Last word goes to primary moving party.
• 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? Normally about 60 days prior. Sometimes 2nd pre-trial on eve of trial for motions/evidentiary issues.
• Do you normally hear motions in limine at the pretrial? No
• When are jury instructions due? 30 days prior to trial.
• When are proposed special verdict forms due? 30 days prior to trial.
• When do you require that final witness lists be exchanged and filed? 30 days before trial.
• When do you require that final exhibit lists be exchanged and filed? 30 days before 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: Have authority to settle or have someone with authority present, or at least continually available by telephone.

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? Illness.

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: Specific facts or law (exception made on burden of proof).
• 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? 5-15 minutes
• I normally start jury trials at: 9:00 a.m.
• I normally give the jury a break of 15-20 minutes in the morning.
• I normally take a lunch break at: 12:00 noon
• I normally give the jury a break of 15-20 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? Yes
• 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? No
  Or jail? No
• Have you ever held counsel in contempt of court? No
• Have you ever reported an attorney for unethical behavior? Yes
• When, if ever, would you consider issuing sanctions, formal reprimands, holding an attorney in contempt, or reporting an attorney for unethical behavior? Willful conduct subverting the legal process, or clear violation of ethics, or repeated failure to appear for court, or obvious intoxication.