JUDGE: Paul Maughan - Third District Court

Transcription

1 1. Scheduling Conferences QUESTIONNAIRE FOR JUDGE=S BENCHBOOK JUDGE: Paul Maughan - Third District Court Q: Are scheduling conferences needed or used in your court? If so, are they conducted in person or by telephone? A: I generally do not conduct initial scheduling conferences; rather, I rely on counsel=s Rule 26(f) scheduling order. I do set scheduling conferences after a notice of readiness for trial has been filed. They may be by telephone depending on the type of case and issues involved. Q: What are your preferences regarding Case Management Orders/Scheduling Orders? Do you require that specific things be included in such orders? A: I rely on the standard Rule 26(f) form and requirements used by the Third District Court. 2. Motions Practice Q: Do you appreciate courtesy copies of briefs being delivered to your chambers prior to hearing on a motion? If so, how early do you want them? A: Courtesy copies are appreciated ten days prior to the hearing, together with copies of relevant pleadings. Q: Do you schedule hearings on motions automatically upon receiving notices to submit, or do you prefer or require that counsel call to schedule hearings? A: Automatic scheduling. Q: Under what circumstances do you decline to grant a request for oral argument? A: Non-dispositive motions where the issues are clear. Q: What is your policy on allowing overlength memoranda? A: I generally allow them. Q: What separates a useful brief from one that is unhelpful? A: Tightly organized and addressing the central point or points supported with accurate citations of the state of the law.

2 Q: Do you prefer that counsel provide copies of the relevant cases prior to a hearing? A: The most pertinent cases. Q: What makes an effective motions argument? A: Answering questions of the court when asked and focusing in the key issues or points. Q: Is there anything about the way you handle requests for temporary restraining orders and preliminary injunctions that you think the bar should be aware of? A: Rarely are they entertained ex-parte. 3. Final Pretrial Conference Q: In your view, what is the purpose of a final pretrial conference? A: To identify potential evidentiary and witness issues, discuss potential for settlement, and resolve Motions in Limine. Q: What steps do you take, if any, at a final pretrial conference to encourage settlement of the case? A: Encourage, and at times require, mediation. Q: Do you require clients to be present at final pretrial conferences? A: If settlement is an option, someone must be present who can authorize the settlement. 4. Jury Trial Practice Jury Selection: Q: How is voir dire conducted in your courtroom? A: By the court. Q: Do you allow counsel to participate in voir dire? If so, to what extent? A: At times limited follow-up questions may be asked. Q: What is your due date for requested voir dire questions? 1

3 A: On the date of the final pretrial, but not later than two days prior to trial. Q: Do you allow or encourage the use of jury questionnaires? A: I allow them in rare instances, but I don=t encourage them. Requested Instructions: Q: When do you require requested instructions to be submitted? A: Usually at the final pretrial conference unless otherwise specified. Q: What form do you prefer requested instructions to take (e.g., do you prefer instructions accompanied by supporting cases, etc.)? Is a citation to MUJI sufficient legal authority? A: I would like a clean copy and a copy with citations. A MUJI citation is generally sufficient. Q: Do you have a set of stock jury instructions that you use? A: Yes. Q: Do you prefer to receive an electronic copy of requested instructions? A: Electronic and print. Trial Procedures: Q: What is your preferred trial schedule (e.g., 9 to 5 with an hour for lunch, 8 to 2 with no lunch, etc.)? A: Generally 9 to 5; or 8 or 9 to 2:00 for longer trials. Q: What are your preferences with respect to motions in limine and other trial related motions? A: In writing at the final pretrial conference unless otherwise specified. Q: What are your preferences and/or procedures related to witness scheduling? A: Please don=t keep the jurors or the court waiting. Q: What are your preferences with respect to trial exhibits? 2

4 5. Bench Trial Practice A: Premarked, preadmitted, and in electronic form if possible. A binder for the judge if over 15 exhibits or so. Q: What are the major differences, in your courtroom, between bench trials and jury trials? A: No major differences. Q: Do you appreciate or require proposed findings of fact and conclusions of law from counsel? A: Yes, on disc and paper prior to trial unless otherwise specified. Q: Do you appreciate or require trial briefs from counsel? A: Only in complex or complicated cases involving complicated evidentiary or legal issues. 6. Thoughts on Effective Advocacy Q: What makes an effective advocate in jury arguments? A: Having a focused theme-based argument as opposed to a shotgun approach. Q: What are the most common mistakes made in argument? A: Too long, not focused, repetitious. Q: What are some techniques that do, or do not, work effectively in the examination of witnesses? A: Harsh treatment, belittling, talking over the witness. Q: Do you find the use of computer-assisted presentations (e.g., PowerPoint) effective and/or useful? A: Sometimes. 7. Criminal Matters Q: How do you handle requests for continuance on pretrials, arraignments or roll calls? 3

5 A: On criminal matters I=m quite strict in applying the Third District=s motion calendar policy. I rarely grant continuances once a civil case has been set for trial. Q: When may the issue of bail best be addressed in your courtroom? A: Initial bail set may be made on most criminal calendars upon notice to the state. After that, only on a showing of changed circumstances. Q: What information do you want from counsel at the time of sentencing? A: Only information that supplements the PSI in a relevant manner. Q: Are private pre-sentence evaluations useful or encouraged? A: Sometimes. Q: Do you have any standard sentences the bar should be advised about, i.e., DUI sentencings, acceptance of alcohol-related reckless? A: No. Q: How should counsel on busy law and motion calendar handle calling a case? A: Come at the beginning of the criminal calendar - there is generally no waiting. In civil cases, respectfully, notify the clerk in advance if there is a special circumstance. 8. Special Issues for Domestic Cases Q: What do you want to have on temporary order issues? A: Case by case. Q: Do you have a policy on child interviews with respect to custody? A: Not currently, case by case. 9. Discovery Practices Q: What is your approach to resolving discovery disputes? A: Case by case. Q: What are your thoughts on imposing sanctions for discovery abuses? 4

6 A: I will impose sanctions when warranted pursuant to rule. 10. Thoughts on Courtroom Protocol Q: Is lack of civility ever a problem in your courtroom? If so, do you take steps to improve civility in your courtroom? A: Generally, it is not an issue. I expect civility and professionalism from counsel. Q: Do you impose any limitations on courtroom movement (approaching witnesses, podium, etc.)? A: Counsel are to remain at or near the podium. They may approach the witness upon request and permission initially for each exam. There is no need to ask permission thereafter. 11. Other Miscellaneous Issues Q: What are your opinions regarding courtroom dress? A: Appropriate dress is required. Q: Do you allow children in your courtroom? A: If they are quiet. They are not encouraged. Q: Do you allow cell phones in your courtroom? A: Yes, but they are not to be used. They must be turned off. Q: What, if anything, do you do to enforce promptness in your courtroom? A: I expect promptness. 12. Clerk=s Comments Q: The name and phone number of my clerk(s) is: A: Cheri Lindsley