District Court Judge

Counties: Wright

State Court Bio: View Bio

Motion Practice

• How long do you normally allow per party for argument of non-dispositive motions? 15 minutes unless a longer time is requested when scheduling
• How long do you normally allow per party for oral argument of dispositive motions? 15 minutes unless a longer time is requested when scheduling.  Each motion must be separately scheduled (no add-ons).
• 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: Stand. Be respectful to court and opposing Counsel. Argue your legal point, do not call names or nitpick other side's argument. Know what you want to argue, so that you can present it without needless repetition. I try to read everything in advance, so be concise and timely with written materials.  Just because one party has scheduled a hearing, others should not assume adequate time exists to hear add-on motions.  Each motion must be separately scheduled.
• 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? No

Pretrial Procedures

• When do you normally set the pretrial in relation to the trial? A final pre-trial will be held 30 days before trial
• Do you normally hear motions in limine at the pretrial? No, they are scheduled separately
• When are jury instructions due? Usually two weeks in advance of trial.
• When are proposed special verdict forms due? Usually two weeks in advance of trial.
• When do you require that final witness lists be exchanged and filed? Usually two weeks in advance of trial.
• When do you require that final exhibit lists be exchanged and filed? Usually two weeks in advance of trial.
• Do you discuss settlement of the case with the parties at the time of the pretrial? Absolutely
• State any specific procedures you would like attorneys to follow at the time of the pretrial: At the final pre-trial clients and trial counsel are required to be present.

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 before deadline has passed
• For changes on the date of trial: I normally allow such changes if Counsel agree well in advance of date set.
• Under what circumstances would you consider granting a change in the trial date? The earlier the request is made, the more likely it is to be granted. My primary concern is the efficient use of the judicial resources. Counsel should be warned that a change of trial date puts you back to the first available (usually distant) date.

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: Case dependent.
• Do you require counsel to sit or stand during questioning of witnesses? Sit
• 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? 15
• 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? 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? Wasting court or opposing counsel time by not being prompt or not being prepared. Appearing in my courtroom is simply a matter of being respectful.