Navigating the Court System
UTAH SUPREME COURT Five Justices: 10-year terms The Supreme Court is the “court of last resort” in Utah. It hears appeals from capital and first degree felony cases and all district court civil cases other than domestic relations cases. The Supreme Court also has jurisdiction over judgments of the Court of Appeals, proceedings of the Judicial Conduct Commission, lawyer discipline, and constitutional and election questions.
COURT OF APPEALS Seven Judges: 6-year terms The Court of Appeals hears all appeals from the Juvenile Courts and those from the District Courts involving domestic relations and criminal matters of less than a first-degree felony. It also may hear any cases transfered to it by the Supreme Court.
DISTRICT COURT JUVENILE COURT Seventy-one Judges / Nine Court Commissioners Twenty-eight Judges / One Court Commissioner District Court is the state trial court of general jurisdiction. Juvenile Court is the state court with jurisdiction over youth Among the cases it hears are: under 18 years of age, who violate a state or municipal law. s #IVIL CASES s $OMESTIC RELATIONS CASES s 0ROBATE CASES The Juvenile Court also has jurisdiction in all cases involving a s #RIMINAL CASES s 3MALL CLAIMS CASES s !PPEALS FROM *USTICE #OURTS child who is abused, neglected, or dependent.
JUSTICE COURT One hundred and eight Judges Located throughout Utah, Justice Courts are locally-funded and operated courts. Justice Court cases include: s -ISDEMEANOR CRIMINAL CASES s 4RAFlC AND PARKING INFRACTIONS s 3MALL CLAIMS CASES
1 Case Types and Initiating Documents in Justice Courts
Case Types in Justice Courts January 2017
GENERAL CIVIL CASES A case filed on the court's own motion. May involve a juror or witness who refuses to Contempt testify or obey a subpoena or an attorney who fails to appear at a court hearing. Small Claims A case filed to collect monies owed not exceeding $10,000. (Utah Code 78A‐8‐101 to 109) A case filed by a government agency to collect monies owed not exceeding $10,000. Small Claims Gov’t (Utah Code 78A‐8‐101 to 109)
CRIMINAL CASES AND ACTIONS A violation of Utah driving under the influence statutes punishable by a fine and/or Misdemeanor DUI confinement in a local jail, but not by imprisonment in the Utah State prison system. (Utah Code 76‐3‐104) A crime punishable by a fine and/or confinement in a local jail, but not by imprisonment Other Misdemeanor in the Utah State prison system. (Excludes misdemeanor violations of DUI statutes.) (Utah Code 76‐3‐104) A violation of a statute, local ordinance or regulation punishable by a fine, but not of Infraction confinement or imprisonment. (Utah Code 76‐3‐105)
TRAFFIC AND PARKING CASES
Parking Citation A case in which a parking citation is resolved.
Parking Court Case A case in which a parking citation is contested and resolved.
Traffic Citation A violation related to the operation of a motor vehicle, usually punishable by fine. A case generated out of a citation related to the operation of a motor vehicle or in which Traffic Court Case the defendant contests the citation and a hearing is set, or the defendant fails to appear and a warrant is issued.
Case Initiating Documents in Justice Courts January 2017
CASE INITIATING DOCUMENTS
All Criminal Information/Indictment
Small Claims Small Claims Affidavit
Small Claims Gov’t Small Claims Affidavit
Expungement Filings
This document should be efiled to the existing criminal case. Expungement Petition eFiling Exception: File in paper if for arrest only, or the case is not available in efiling.
2 Small Claims Trial and Appeal Flow Chart
Justice Court District Court
Plaintiff starts case in justice court. Appeal in district court is a trial de novo, with or Case is tried by a judge. without a jury. Rules of Small Claims Procedure apply. Rules of Small Claims Procedure apply. Appeal is to district court. No further appeals.
Plaintiff starts case in justice court. Case is tried by a judge or jury in the District Court. Defendant removes case to district court (URSCP Rules of Civil Procedure apply. 4A). Appeal is to the Court of Appeals.
Case is tried in justice court by a judge. Plaintiff starts case in district court. Rules of Small Claims Procedure apply. Defendant and plaintiff agree to remove case to Appeal is to the district court. justice court (Utah Code Section 78A-8-102(2) & URSCP 2A).
Plaintiff starts case in district court. Court of Appeals Rules of Civil Procedure apply. Case is tried by a judge or jury. Appeal is to the Court of Appeals.
Small Claims Trial and Appeal Flow Chart See https://www.utcourts.gov/howto/smallclaims/ for more Small Claims information Revised August 2016 3 Checklist for Appealing a Small Claims Judgment
Keep a copy of all documents for your records.
Attend all court hearings.
(1) Notice of Appeal Print your name and contact information at the top of the first page. Check whether you are the plaintiff or defendant or the attorney for the plaintiff or defendant. Complete the heading exactly as it appears in the Affidavit and Summons. Omit any private or protected information. When filed, this document is a public record. Code of Judicial Administration Rule 4-202.09(9) requires that you omit from a public record any information that is not itself public information. For a list of records, data and information classified as public, private, and protected, see Rule 4-202.02. Date and sign the form. Complete the Certificate of Service. Serve the form on the other party. File the form with the trial court clerk.
2010.10 4 Checklist for Removing a Case from Justice Court to District Court
You must complete a form before you file it. These instructions will help you complete the forms. Court staff cannot complete a form for you. Attach a copy of any document referred to in the form. Keep a copy of all documents for your records. Attend all court hearings. Some forms may not apply in your case. Contact the Self-Help Center if you need more help: http://www.utcourts.gov/selfhelp/contact/. (1) Notice of Removal from Justice Court First file this document in the district court. Print your name and contact information at the top of the first page. Check whether you are the defendant or the attorney for the defendant. Print the judicial district number, the county name and the court address in the blank lines. Complete the heading exactly as it appears in the complaint. Paragraph (1): This is a requirement. Make sure that it is true before signing the document. Paragraph (2): Either you (defendant) must reside in the jurisdiction of the district court or at least one of the events in the case must have happened in the jurisdiction of the justice court. Check one or both boxes, but at least one of the statements must be true. Paragraph (3): Print the name of the justice court on the blank line. File the original form with the court clerk.
(2) Notice of Removal to District Court After you file the Notice of Removal from Justice Court form (described in paragraph (1)) in the district court and have a case number and trial date, file the Notice of Removal to District Court form in the justice court. Print your name and contact information at the top of the first page. Check whether you are the defendant or the attorney for the defendant.
Checklist for Removing a Case from Justice Court Rev. November 2017 Page 1 to District Court
5 Print the judicial district number, the county name and the court address in the blank lines. Complete the heading exactly as it appears in the complaint. Paragraph (1): Print the name of the district court on the blank line. Paragraph (2): Either you (defendant) must reside in the jurisdiction of the district court or at least one of the events in the case must have happened in the jurisdiction of the district court. Check one or both boxes, but at least one of the statements must be true. Paragraph (3): Print the district court case number and trial date on the blank lines. Paragraph (5): You have 15 days from the date you were served with the complaint to file this Notice in the justice court and to file this Notice with the district court. File the original form with the court clerk.
(3) Notice of Hearing When you file the Notice of Removal from Justice Court, the district court clerk will schedule the case for trial. Select a date that is convenient for you, the other party and the court. Print your name and contact information at the top of the first page. Check district court. Print the judicial district number, the county name and the court address on the blank lines. Complete the heading exactly as it appears in the complaint/petition. Identify plaintiff and defendant by name and address. Print “Trial” on the blank line. Print the date and time of the trial. Print also the judge’s name and courtroom number for the hearing. Date and sign the form. Complete the Certificate of Service. Serve the form and any attachments on the other party by one of the methods described in the certificate of service. URCP 5 governs service. File the original form with the court clerk.
Checklist for Removing a Case from Justice Court Rev. November 2017 Page 2 to District Court
6 What is Juvenile Court? What are Juvenile Courts like?
Established in 1905, Utah’s Juvenile Court serves Juvenile Courts are different in some ways from many purposes. The court has jurisdiction over juve- adult courts. Attempts are made to protect the juve- niles under the age of 18 who have committed an nile’s privacy, so many of the hearings are closed to Utah’s the public. Generally, only the juveniles and their offense. The court also has jurisdiction over parents are present at the hearing. At least one legal Juvenile ungovernable youth if social services and the guardian must attend, unless the child is a ward of schools have failed—despite persistent efforts—to the state. The intake officer also attends. Juvenile Courts correct the youth’s problem. The court protects the Court hearings are less formal than trials held in community, orders appropriate sanctions for delin- adult courts. Juveniles do not have the right to a jury quent juveniles, and directs their rehabilitation. The trial, nor can they post bail in order to get out of court also handles matters involving abused, neg- detention, unless they are from out of the state. lected, or dependent children. Juvenile Courts are similar to adult courts in that the CHILDREN WHO VIOLATE THE LAW courts are required to meet constitutional require- ments of due process. Juveniles must be notified of How do cases reach Juvenile Court? all the charges against them and must be given the chance to call and cross-examine witnesses. They Alleged offenses are generally first reported to the have the right to an attorney and the right against Juvenile Court by the police. At the court, cases are self-incrimination. assigned to an intake officer who meets with both the juvenile and his or her parents to determine What are the most common types of what action is necessary. If the juvenile denies the offenses committed by juveniles? charge, the intake officer will set a time for a hearing with a judge. The most commonly committed offenses by juve- niles in Utah are shoplifting, possession of alcohol, If the juvenile admits to the charge, the intake officer theft, burglary, possession of marijuana, destruction has two options, depending on a number of factors of property, possession of tobacco, trespassing, vio- including the severity of the offense, the family situ- lation of curfew, and assault. ation, and the juvenile’s age and past record. The Published December 2003 by T officer may set a time for the juvenile and the par- he Administrative Office of the Courts, ents to have a court hearing with a judge or the offi- 450 South State Street, P.O. Box 140241, cer may develop a non-judicial contract that out- Salt Lake City, UT 84114-0241, lines how the juvenile will be held accountable for (801) 578-3800. the offense that was committed. If the contract is ful- For more information, go to filled, the juvenile’s case will not go to court. www.utcourts.gov/courts/juv. 7 What kinds of dispositions do What happens to a juvenile’s record? How does the court become involved What can the juvenile court juveniles receive? in child victim cases? do if abuse has occurred? Generally, only the juvenile, the parents, and the The disposition that a juvenile receives depends on attorney representing the juvenile have access to a In Utah, anyone can file a petition alleging that a The driving principle in Juvenile Court is "the best many factors such as the type of offense that has juvenile’s record. If a youth is 14 or older and com- child is abused or neglected. The Division of Child interest of the child." Children remain with their been committed as well as the juvenile’s past mits a felony, certain parts of his or her records are and Family Services (DCFS) make the majority of parents or guardians whenever it is safe and appro- record. Restitution, fines, and community service are available on request. The Juvenile Court may consid- these filings. The state may place children who are priate for the child. When a child must be removed the most common penalties; sometimes dispositions er past records to determine dispositions for new perceived to be in immediate danger into protective from the home due to a finding of abuse or neglect, are a combination of the three. In 2002, the Juvenile offenses. If a youth is later convicted in an adult custody even before a petition is filed. If a child has the child may be promptly returned to the parents, Victim Restitution Program returned more than court, his or her record may be made available to been physically harmed, the court may order emer- subject to certain conditions. In other cases, the $1,137,000 to the victims of juvenile crime. Also in adult probation and parole for use in preparing their gency medical treatment. child will be temporarily taken away while the par- 2002, youth completed more than 787,800 hours of pre-sentencing report. ents comply with the court’s order to attend coun- community service and received more than $985,000 in fines and fees. A pre-trial hearing is held after the initiation of an seling or to receive other social services. If a parent To expunge a Juvenile Court record, the juvenile action. The parents are notified of the date and time is found to be unfit or has abandoned the child, the Can a juvenile be tried must pay a filing fee and request an expungement of the hearing and reminded that they have the right court may order that either one or both parents in an adult court? hearing at least one year from the date jurisdiction to an attorney. If the parents do not attend, the court immediately lose their parental rights to the child. ended. The judge may expunge the record if the proceeds to decide the case. If the parents do A juvenile can be tried as an adult in the juvenile has stayed out of trouble during the year appear and admit that the allegations are true, the If both parents lose their parental rights, the following conditions: and has reached the age of 18. judge will determine how best to guarantee the safe- Juvenile Court may place the child in the care of a 1. Any 16 or 17-year-old juvenile accused of ty of the child. If the parents appear and deny the relative or the state. The court also has the authority murder is automatically tried in an adult court. CHILDREN WHO ARE VICTIMS allegations, a trial date will be set. to proceed with adoption proceedings if it decides 2. Any 16 or 17-year-old juvenile who has previ that adoption is in the best interest of the child and ously been sentenced to a secure facility and is What constitutes abuse, neglect, At trial, whoever filed the petition has the responsi- an adoptive family is available. On average, child then charged with another felony is automatically tried in adult court. or dependency? bility to prove that the charges are true. The follow- abuse or neglect cases are resolved 8.3 months 3. Any 16 or 17-year-old juvenile charged with ing parties should be present with their attorneys: after removal. About 50 percent of the cases result one of 10 designated felonies against a person is An abused child is one who has suffered or been the petitioner, the parents, the state-appointed in reunification with the family members, 24 per- charged as an adult in Juvenile Court. The juve threatened with nonaccidental physical or mental guardian ad litem, and an assistant Attorney cent result in guardianship or custody granted to a nile is then remanded to adult court unless the harm, sexual exploitation, or is at a substantial risk General, who represents DCFS. relative, and 18 percent result in adoption. juvenile convinces the Juvenile Court judge that of such injury. A neglected child is one who has there are compelling reasons to keep the case in Juvenile Court. been abandoned, mistreated, or abused by a parent, 4. Any juvenile 14 or older charged with a guardian, or custodian or who is at risk of such felony can be transferred to adult court if the harm. A dependent child is one who is homeless or prosecutor convinces the juvenile judge that it is without proper care through no fault of the parent in the state’s best interest to hear the matter in or guardian. adult court. 8 UTAH JUVENILE COURT Instructions for Requesting Access to C.A.R.E. August 2018 NOTE: The instructions, required forms, training materials and other juvenile court eFiling information are available on the Court’s web site at www.utcourts.gov/eFiling/juvenile.
STEP 1 AGENCY/FIRM ACCESS REQUEST Attorneys and/or agency/firm representatives must fully complete and submit the Agency/Firm Access Request form to the Trial Court Executive (TCE) or eFiling specialist/C.A.R.E. trainer in their local district. If the attorney/agency/firm practices in multiple districts, they will only need to request access in their primary district of practice. All requests must identify the name and job title of each employee who requires access to C.A.R.E. Everyone associated with the same firm has access to all cases assigned to an attorney within that firm, providing they have their own C.A.R.E. login and password.
STEP 2 E-FILING SPECIALIST/C.A.R.E. TRAINER CONTACTS THE AGENCY/FIRM The district eFiling specialist/C.A.R.E. trainer works with the TCE to review the Agency/Firm Access Request. If the FIRM does not already exist in C.A.R.E., the specialist/trainer will notify the Court’s IT department so the FIRM can be created in C.A.R.E.. Once the FIRM has been verified/created in C.A.R.E., the eFiling specialist/C.A.R.E. trainer will contact the agency/firm representative to explain the C.A.R.E. training process, provide eFiling web site information and provide them with a copy of the C.A.R.E. Computer Set-up Instructions.
STEP 3 ATTORNEY/AGENCY/FIRM MAKES ARRANGEMENTS FOR TRAINING Once the attorney/agency/firm has reviewed the C.A.R.E. Computer Set-up Instructions and has verified they can comply with the required technology, they should contact the eFiling specialist/C.A.R.E. trainer to schedule a training session for their user(s) per local district policy.
STEP 4 USER COMPLETES THE C.A.R.E. USER AGREEMENT FORM AT THE TRAINING SESSION The eFiling specialist/C.A.R.E. trainer will review and discuss the available roles for the Users. The eFiling specialist/C.A.R.E. trainer confirms the appropriate roles for the User are selected on the C.A.R.E. Individual User Agreement form. Each User must fully complete, initial and sign the C.A.R.E. Individual User Agreement form.
STEP 5 EFILING SPECIALIST/C.A.R.E. TRAINER PROVIDES BASIC C.A.R.E. TRAINING The eFiling specialist/C.A.R.E. trainer provides basic C.A.R.E. training as outlined in the Certificate of Training. In addition to a basic C.A.R.E. overview, Users’ will be trained on access and functionality specific to their C.A.R.E. roles. Upon successful completion of the training, each User and the eFiling specialist/C.A.R.E. trainer should sign the Certificate of Training. The eFiling specialist/C.A.R.E. trainer will provide the User with information on the Online Training Program (OTP) modules that are available for partners and any additional training materials/information that may be available, as well as the link to the Court’s website (www.utcourts.gov/eFiling/juvenile). NOTE: Local court practices determine if eFiling specialist/C.A.R.E. trainers provide training for all Users or if the court will train a designated agency/firm representative who is then responsible to train other agency/firm staff.
STEP 6 USER REQUESTS ACCESS IN C.A.R.E. ON THE C.A.R.E. HOME PAGE The eFiling specialist/C.A.R.E. trainer will assist the user in requesting access from the C.A.R.E. home page. In addition to entering the identifying information, the user should select the Primary and Secondary
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9 court districts/offices where they practice. Based on the selected districts, C.A.R.E. will populate the district’s TCE under the System Access Supervisor, which the user should select from the drop down list.
Users other than JJS staff should leave the Primary JJS Office field blank. All attorneys will need to select FIRM access in C.A.R.E.. If the user’s firm is not listed, the eFiling specialist/C.A.R.E. trainer will notify the Court’s IT department to create the firm. The attorney’s Bar number field is required for attorneys ONLY. If you are not an attorney, leave this field blank.
STEP 7 REVIEWS OF C.A.R.E. ACCESS REQUEST AND USER AGREEMENT FORMS The e-filing specialist/C.A.R.E. trainer submits copies of the signed C.A.R.E. Agency/Firm Access Request, C.A.R.E. Individual User Agreement and Certificate of Training to the TCE for approval. Once approved, the user will be notified by two separate emails using the email they provided in the request access in C.A.R.E. process from the C.A.R.E. home page. The user will receive one email with their login and a separate email with their password information. NOTE: The attorney is responsible to submit a Notice of Appearance, or other initiating documentation as appropriate, when access to a case is required.
STEP 8 QUESTIONS, TRAINING AND TECHNICAL DIFFICULTIES Additional training materials, Q&A information and forms are available on the Court’s web site at www.utcourts.gov/eFiling/juvenile. If you still have questions or technical difficulties, you can contact your district’s e-filing specialist/C.A.R.E. trainer. PLEASE REMEMBER: The agency/firm representative is responsible to contact the TCE to inform them when a user with access to C.A.R.E. leaves the agency/firm so their access can be deactivated as soon as possible.
Trial Court Executives
District TCE Email Address District Contact Name Email Address 1st Brett Folkman [email protected] 5th Joyce Pace [email protected]
2nd Travis Erickson [email protected] 6th Wendell Roberts [email protected]
3rd Neira Siaperas [email protected] 7th Terri Yelonek [email protected]
4th James Bauer [email protected] 8th Russell Pearson [email protected]
Primary eFiling/C.A.R.E. Specialists Contact Information
District Name Email Address District Name Email Address
1st Terie Purser [email protected] 5th Rebecca Albrecht [email protected]
2nd Vanessa Tracy [email protected] 5th Ashley Palmer [email protected]
3rd Pat Tingey [email protected] 6th Kyle Parry [email protected]
4th Lynnette Eyre [email protected] 7th Christina Bishop [email protected]
4th Wendy Matheney [email protected] 7th KyLeigh Thompson [email protected]
8th Amber Buist [email protected]
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QUESTIONNAIRE FOR JUDGE/COMMISSIONER BENCH BOOK
Judge Andrew Stone – Third District Court QUESTIONS : [email protected]
1. Discovery
Q: What is your practice with respect to setting an initial case schedule? Modifying it once set?
A. Scheduling conferences and case management orders are rarely necessary under current rules. In cases where they are useful to the parties, I’m happy to hold them in person or by telephone. I have no special requirements for Case Management or Scheduling Orders.
Q: Has your district adopted any local rules with respect to resolving discovery disputes?
A: Yes. We follow 4-502.
Q: What is your practice regarding discovery disputes? How do you handle status and scheduling matters for discovery issues?
A: I encourage counsel to arrange a conference call when it is simply a matter of making a quick judgment call. I will arrange a conference call or a hearing when a statement of discovery issues is submitted for decision. Counsel have to submit it—we will not address it unless they do. I am open to having a conference call if counsel believe that the Statement of Discovery Issue procedure is inadequate.
Q: What is your approach to granting extraordinary discovery?
A: On stipulation in compliance with the rules, I grant it. If it’s opposed, I apply the factors set forth in the Rule.
Q: What is your practice regarding sanctions for discovery abuses?
A: “Abuses” is a loaded word. If one party is at fault for a particular discovery dispute, they should bear the cost of that dispute incurred by both parties. This might apply if one party is simply wrong—it doesn’t necessarily require “abuse.”
Q: Are you generally available to hear disputes that arise during depositions?
A: Yes. I recognize that discovery matters are important and am not offended when people ask me to resolve a discovery dispute. Make sure you address potential relevance and proportionality. Be as concrete as you can be regarding the likely burden and the likely benefit.
2. Motions
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Q: Do you prefer that counsel provide copies of the cited authorities prior to a hearing? What about unpublished cases?
A: If a case is particularly applicable, feel free to provide it. Cases cited for non- controversial points (e.g. the standard on summary judgment) are not helpful. As with all courtesy copies, pdfs are preferred.
Q: Do you appreciate courtesy copies of briefs being delivered to your chambers prior to a motion hearing? If so, how far in advance do you want them?
A: Courtesy copies are helpful. I prefer a single, indexed pdf (searchable) with all the parties’ submissions relevant to the motion. This is easy to do, and probably less expensive than the traditional three-ring binders. When I say “indexed” I mean bookmarks for the various memoranda and exhibits. For instructions on bookmarking, go to: http://www.youtube.com/watch?feature=player_embedded&v=cravIRXCRdo A few days ahead of the hearing is usually adequate, but a week or more is preferred.
Q: What is your policy on allowing overlength memoranda? Extensions of the briefing schedule?
A: I have never denied a motion to file an overlength memo. Yet. Remember, there is a reason we call them “briefs.” If stipulated, I allow extensions of briefing. Otherwise it depends on prejudice to the opposing party.
Q: Do you schedule motion hearings automatically upon receipt of notices to submit, or do you prefer or require that counsel call to schedule hearings?
A: I ordinarily schedule hearings on most all contested motions. We will call if uncertain how much time to allow. If the time scheduled is inconvenient, we will accommodate a conference call to find a time that works for all involved.
Q: Under what circumstances do you decline to grant a request for oral argument?
A: Only in the rarest circumstances, usually when one party is making an argument that is frivolous or has already been ruled on clearly by the Court.
Q: Do you have any recommendations or preferences regarding written advocacy that you would like counsel to be aware of?
A: A useful brief gets to the point, is succinct, and generally provides a logical means of analysis. Metaphors and quotations from sources aside from case law are well- thought out, fresh, and applicable. The writing is crisp and words are chosen carefully and sparingly. An unhelpful brief spends excessive time on well-known legal standards, tries to argue every point conceivable, and its strong arguments are indistinguishable from the make-weight arguments. Its metaphors are
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hackneyed, and its popular quotes are not only stale, but probably inapplicable to the case at hand. The writing is overblown and verbose.
Editing takes confidence, even courage. But aggressive editing will make your written arguments easier to understand and ultimately more persuasive.
Q: Do you have any guidelines or preferences that you expect counsel to follow regarding temporary restraining orders or preliminary injunctions?
A: Read the rule. Explain your attempts to give notice carefully. Don’t wait until the last minute to try and force the Court’s hand on a TRO. Be prepared to post bond.
3. Final Pretrial Conference
Q: In your view, what is the purpose of the final pretrial conference?
A: Purpose is to address any pending legal issues in order to streamline presentation at trial. This includes any motions in limine, jury instructions and voir dire, and specific disputes over exhibits.
Q: What topics or issues should counsel come prepared to discuss at the final pretrial conference?
A: See above.
Q: What steps do you take, if any, at a final pretrial conference to encourage settlement of the case?
A: I want to be certain that genuine settlement discussions have been undertaken recently.
Q: Do you require clients to be present at final pretrial conferences?
A: No.
Q: Do you typically hear motions in limine and other trial-related motions at the final pretrial conference, or at another time?
A: Typically at pretrial, unless submitted earlier.
Q: Do you appreciate or require pre-trial briefs from counsel?
A: Depends on the case. If the issues are novel or complex, a brief may be necessary.
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4. Jury Trials In general see the guidelines at { link to jury trial paper}
Jury Selection:
Q: How is voir dire conducted in your courtroom? Do you allow counsel to participate in voir dire? If so, to what extent?
A: Unless a survey is used, after initial introductions of parties, counsel, and each panel member, neutrally worded questions are addressed to the panel overall. I typically ask these in yes or no format. Panel members answer by a show of hands. In the case of a survey or after questions addressed to all the panel members are complete, follow up questions may be addressed to the panel members on an individual basis in chambers.
Counsel ask any follow-up questions directly. Counsel may suggest areas of inquiry. I am not opposed to allowing counsel to address the entire panel if all sides agree.
Q: When do you require requested voir dire questions to be submitted?
A: Final Pretrial.
Q: Do you allow or encourage the use of jury questionnaires? If so, by when must jury questionnaires be filed?
A: I have no strong feelings either way about the use of questionnaires. They should be filed at least prior to pretrial, and much earlier if distribution to the jurors is contemplated prior to trial. I have had a couple of successful efforts with using online questionnaires prior to the first day of trial. Short questionnaires can be useful on the morning of trial. Long questionnaires must be distributed and responses received prior to the first day of trial in order for them to be useful. This involves significantly more complex logistics, so counsel need to plan ahead if they want a longer questionnaire.
Jury Instructions:
Q: When do you require instructions to be submitted?
A: Final pretrial ordinarily. I am increasingly requiring them at the first scheduling conference after the case is certified.
Q: Do you have a set of standard jury instructions that you use? If so, how can counsel obtain a copy?
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A: Generally use MUJI, available online. There are always a handful of instructions that have to be adopted or created for a particular case.
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 1st or 2nd sufficient legal authority?
A: Only contested or unusual instructions require authority. MUJI is sufficient.
Q: Do you prefer to receive an electronic copy of requested instructions?
A: Yes, in editable form, (Word or WordPerfect, not pdf).
Q: When do you prefer to hear disputes over jury instructions?
A: Final Pretrial, unless I’ve ordered them prepared for the scheduling conference.
Trial Procedure:
Q: What is your preferred trial schedule (e.g., 9 to 5 with an hour for lunch, 8 to 2 with no lunch, etc.)? Are there any set days/times when you schedule other matters and not trial?
A: 8:30 to 5:00, brief breaks in the morning and late afternoon, typically a 90 minute lunch.
Q: Do you prefer to hear disputes over trial exhibits before trial or during:
A: I prefer to hear any dispute that can be anticipated at final pretrial.
Q: What is your practice regarding the use of trial exhibits or demonstratives during opening statements?
A: Counsel need to be certain they will be admitted. This is best handled by stipulation.
Q: What are your preferences with respect to trial exhibits? What are the preferences of your clerks with respect to trial exhibits?
A: Pre-marked if at all possible. Courtesy copies given to judge in advance (ideally in a single, indexed pdf). An index of exhibits for the clerk’s use. Also, please try to publish promptly—jurors really don’t like to watch counsel and the witness discuss an exhibit they haven’t seen.
Q: Do you have any guidelines or preferences regarding the use of technology at trial? 5 15
A: Counsel are welcome to come in advance to test their equipment. I think technology is underused in trial and motion hearings. The Court’s technology is limited, so bear in mind it might be more effective to bring your own. We now have media carts available that connect to your device with either HD or VGA cable. They project to a large screen for the jury and separate small screens for the witness, counsel and judge. They need to be reserved as soon as you know your trial date. Test any technology, yours or the Court’s, in advance.
Q: What are your preferences and/or procedures related to witness scheduling?
A: Use the whole day. Do not expect early recesses. Cooperate with opposing counsel regarding scheduling of witnesses, taking witnesses out of turn if need be.
Q: Do you allow counsel to move freely around the courtroom during trial?
A: Yes.
5. Bench Trials
Q: Do you have any particular guidelines or preferences that counsel should be aware of regarding bench trials as opposed to jury trials?
A: I will probably be more proactive in asking questions of counsel and the witnesses. As I learn the issues in the case, I am more likely to question relevance.
6. Post-trial Issues
Q: Do you appreciate or require proposed findings of fact and conclusions of law from counsel?
A: Depends on the case. They aren’t typically much help in advance of trial.
Q: Do you appreciate or require post-trial briefs from counsel?
A: Depends on the case. Feel free to request if you think there are legal issues that need briefing.
7. Technology in the Courtroom
Q: To what extent do you allow the use of technology in your courtroom?
A: I think it is underused. I’ve never said no. Yet.
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Q: Do you find the use of any particular type of computer-assisted presentations effective and/or useful?
A: In oral argument or testimony, they can provide helpful structure and be used to emphasize key points (quotes from cases, important documents, useful exhibits, etc.). Video excerpts from depositions can be powerful. They should complement argument or testimony, not supplant it. Projection is an excellent means of publishing exhibits.
Q: Do you find the use of any particular type of computer-assisted presentations unhelpful?
A: Linear, rigid presentations that do not allow the presenter to control and change the order of slides. Just as advocates need to be flexible, their visual aids must be flexible, too.
8. Criminal Matters
Q: How do you handle requests for continuance on pretrials, arraignments or roll calls?
A: Ordinarily I require a stipulation, except in emergencies.
Q: When may the issue of bail best be addressed in your courtroom?
A: Generally I prefer to have pretrial services provide an evaluation, but I am willing to hear arguments on bond in first appearance court or upon notice pursuant to rule.
Q: What is your policy, if any, on pleas in abeyance?
A: No special policy.
Q: What information do you want from counsel at the time of sentencing?
A: Whatever counsel think might be helpful to the case at hand. This is a pretty broad question.
Q: Are private pre-sentence evaluations useful or encouraged?
A: I have seen some that were well done, but I’m not sure they’re worth the cost. I used to hire experts for civil cases, so I am skeptical of the private pre-sentence evaluation’s objectivity.
Q: Do you have any standard sentences the bar should be advised about, i.e., DUI sentencings, acceptance of alcohol-related recklessness? 7 17
A: N/A.
Q: How should counsel on busy law and motion calendar handle calling a case?
A: Approach the lectern when it’s free and ask to call your case.
9. Special Issues for Domestic Cases
Q: Are there any special issues that arise in your courtroom in domestic cases of which you would like the bar to be aware?
A: I enjoy these cases and the counsel who try them.
Q: What documents do you want filed before appearing on a motion for temporary orders?
A: A stipulation, preferably. If not, I need to know the finances as accurately as possible, and if custody is contested I would encourage something like the informal custody trial procedure, at least for the temporary order.
Q: What documents do you want filed before appearing on a motion for a custody evaluator?
A: Follow the rule.
Q: What are the special procedures for failing a Motion for an Order to Show Cause?
A: Follow the rules. ( I assume “failing” is a typo).
Q: Do you have any preferences for compelling and filing financial declarations? Any practice pointers for counsel as to how you would like these completed or filed?
A: No special preferences. I recognize that the declaration is a sworn statement of present finances, and may not accurately reflect the needs I need to consider (i.e. the lifestyle at the time of separation).
Q: Do you want any type of motion binder delivered? Is this helpful, or does e-filing render these obsolete?
A: PDF (as described above) is preferred. E-filing has not replaced the utility of courtesy copies.
Q: Do you appreciate courtesy copies of briefs being delivered to your chambers prior to a motion hearing? If so, how far in advance do you want them, and how do you want them assembled (folder, binders, with or without exhibit tabs, etc.)
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A: Single, indexed pdf, including exhibits. At least a couple of days before the hearing, preferably earlier. Include both sides’ briefs.
Q: Is there a special way that you would like proposed orders to be filed?
A: Use the efiling system. I frequently make edits.
Q: How should discovery deadlines be handled on petitions to modify, where a schedule is not automatically issued by the court?
A: By stipulation, or request a scheduling conference with the Commissioner.
Q: Do you have a policy on child interviews with respect to custody?
A: No set policy. Obviously, the maturity of the child is a key factor in whether I will agree to an interview.
10. Courtroom Protocol
Q: Is lack of civility ever a problem in your courtroom? If so, what steps do you take to address it?
A: Rarely a problem. I try to be courteous and respectful. If I ask counsel back to chambers and tell them to cool it, it’s safe to assume that someone has annoyed me.
Q: What are your opinions regarding courtroom dress?
A: I don’t have any strong feelings on this. I think if you asked me immediately after a hearing what the attorneys were wearing I would draw a complete blank. I have seen some outfits that caused me to wonder what other judges’ reactions might be, but I have never been personally offended. Be professional.
Q: Do you allow children in your courtroom?
A: Yes.
Q: What is your courtroom practice with respect to attorney cell phones? Clients? Those in the gallery?
A: I follow the rule re electronic devices. I also recognize that people tend to have their schedules on their cell phones.
Q: What, if anything, do you do to enforce promptness in your courtroom?
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A: This is not typically a problem. Sometimes people are late. It happens. I am not aware of any counsel with whom this is a problem. A quick apology to court and counsel is not a bad idea. If you’re really late, maybe take opposing counsel to lunch.
11. Comments from Case Managers and Judicial Assistants
Q: The name and phone number of my case manager(s) is:
A: Nicole Bizek 801-238-7392. The best way to reach all my assistants is via email at [email protected].
Q: My case manager wants you to please do these things:
A: State your name for the record clearly, return her calls, recognize that she may not be able to return your calls if we’re in court.
Q: The name and phone number of my judicial assistant(s) is:
A: Michelle Adams 801-238-7121
Q: My judicial assistant wants you to please do these things:
A: See above.
12. Other items
Q: Do you have a judicial biography that you would like hyperlinked to your bench book? If so, please advise us of the link to this information or provide us with a copy of the same so we may link it to your bench book.
A: http://en.wikipedia.org/wiki/Andrew_H._Stone http://www.utcourts.gov/judgesbios/showGallery.asp?dist=3&ct_type=D#3124
Q: Do you have any stock jury instructions, verdict forms, or other information you would like hyperlinked to your bench book? If so please advise us to the link to this information or provide us with copies of the same so we may link it to your bench book.
A: https://www.utcourts.gov/resources/muji/
For Specific, detailed instructions on jury trials (also probably helpful in bench trials) please see : [insert link here]
10 20 Checklist for Appellate Jurisdiction
(If a request for retention is submitted, this form must be returned with that request and must provide all applicable information or the request for retention will not be considered by the Court. Any additional information relevant to jurisdiction may be included in the letter requesting retention)
The case number in the lower court ______
The date the final judgment was entered or, if the time for appeal was reinstated pursuant to Subparts (f) or (g) of Rule 4 of the Rules of Appellate Procedure, the date of reinstatement ______
Whether the trial court entered a “separate document” as required by Rule 58A(a) of the Rules of Civil Procedure: Yes ____ No ____ Not Applicable _____ .
The date of entry of that document ______
The date of the filing of the appeal to which this retention request is directed ______
Whether any other appeals or cross-appeals in the same case have been filed: Yes ____ No ____ . The date(s) of those appeal(s) ______, ______,______
Whether the judgment listed above resolved the case as to all claims and parties: Yes ____ No ____
If no, whether the judgment was certified as final pursuant to Rule 54(b) of the Rules of Civil Procedure: Yes ____ No ____ . List the date of certification ______
Whether the judgment listed above included a ruling concerning attorney fees: Yes ____ No ____
If attorney fees were awarded at any time, whether the amounts of all awards of fees were fixed prior to the date of your latest appeal: Yes ____ No ____ Not Applicable _____ . List the date of the last order fixing the fees: ______
Whether Rule 4(b) of the Rules of Appellate Procedure is applicable: Yes ____ No ____
If yes, list the date of any motion listed in Rule 4(b) ______and the date of resolution of that motion ______
Whether Rule 4(c) of the Rules of Appellate Procedure is applicable: Yes ____ No ____
Whether the time to file the appeal was extended: Yes ____ No ____ . List the date of any motion for an extension ______and the date of the order extending the time ______
Whether the appeal was filed pursuant to Utah Code § 78B-11-129: Yes ____ No ____ . If yes, list the subsection(s) of that provision that is (are) applicable: ______, ______, ______
The statutory provision conferring appellate jurisdiction on this Court — ie., the applicable subsection of Utah Code § 78A-3-102 ( ______)
(Revised 2/1/2016)
21
Checklist for Briefs Utah Rules of Appellate Procedure 24, 26, and 27
Filing Deadlines Appellant’s brief due 40 days from notice by clerk
Appellee’s brief due 30 days from appellant's brief
Appellant’s reply brief due 30 days from appellee's brief
Service of Briefs Briefs must be served on the attorneys for all parties to the appeal. If the party is not represented by an attorney, they must be served on the self- represented party. If the appeal is of a felony, the briefs must be served on the Attorney General. If the appeal is of a misdemeanor, the briefs must be served on the prosecuting attorney. An original signature is required on the proof of service.
Number of Copies
Supreme Court 8 copies, one with original signature
Court of Appeals 6 copies, one with original signature
Counsel for each party Two copies
Self-represented parties One copy
Length of Brief
Appellant and Appellee 14,000 words or less, or 30 pages (if no compliance)
Appellant’s Reply 7,000 words or less, or 15 pages (if no compliance)
Petition for Rehearing 15 pages, excluding addendum
Size and Binding Paper size: 8 ½ " x 11". Binding: Compact or Vello binding required; coiled plastic or spiral binding is not acceptable.
Checklist for Briefs Revised January 2018 Page 1 of 5
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Printing Requirements Margins must be at least one inch on top, bottom and sides of each page. Proportionally spaced typeface must be 13-point or larger for both text and footnotes. A monospaced typeface may not contain more than ten characters per inch for both text and footnotes. Print on both sides of the page. Double spaced; 1½ line spacing is not acceptable.
Cover Requirements Paper Stock - must be heavy weight paper.
Cover color Appellant or Petitioner Blue
Appellee or Respondent Red
Reply Gray
Petition for Rehearing Tan
Response to Petition for Rehearing White
Case caption o Full title of the case as it appeared in the trial court o Designation of the parties as they appeared in the trial court (e.g., "plaintiff/defendant"); o Designation of the parties as they appear in the appellate court (e.g., "appellant/appellee").
Name of the appellate court Specify either "In the Utah Supreme Court" or "In the Utah Court of Appeals"
Designation of brief as public or non-public If a brief or addendum contains non-public information, the filer must also file a public version with all such information removed. Utah Rule of Appellate Procedure 21(g) requires the filer to file an unredacted version for the court and a version for the public that does not contain the confidential information.
Appellate court docket number
Title of the document For example "Brief of the Appellant" or "Brief of the Appellee"
Checklist for Briefs Revised January 2018 Page 2 of 5
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Nature of the proceeding For example, "Appeal"
Name of the trial court and name of the judge For example, "Appeal from the Third District Court, Salt Lake County, Judge Smith"
Name and Address of Attorneys or Self-Represented Parties The name and address of the person filing the brief (attorney or self-represented party) should be on the lower right of the brief. The name and address of the opposing attorney or self-represented party should be on the lower left.
See last page of this checklist for an example of a brief cover.
Content Requirements In this order:
List of all parties.
Table of contents with page references.
Table of authorities with page references: o cases listed alphabetically with parallel citations o rules o statutes o other authorities
Introduction
Statement of the issues. For each issue state the standard of review and supporting authority.
Citation to the record showing the issue preserved in the trial court, or statement of grounds for seeking review if the issue was not preserved in the trial court.
Statement of the case identifying the page(s) of the record as marked by the clerk. o Facts of the case relevant to the issue(s); o Procedural history relevant to the issue(s); o Disposition at trial court or agency.
Checklist for Briefs Revised January 2018 Page 3 of 5
24
Summary of the argument.
Argument.
Conclusion containing a statement of the relief sought.
Original signature of counsel of record or self-represented party on one copy of brief; reproduced signature on other copies.
Certificate of Compliance Complies with word limitation
Complies with Utah Rule of Appellate Procedure 21 regarding public and private records
Filing by Email (Supreme Court Standing Order No. 11) Parties may email their brief to the court: Utah Supreme Court: [email protected] Utah Court of Appeals: [email protected] The required paper copies must be delivered to the appellate clerk’s office within 7 days of emailing.
Addendum Attach at end of brief or file separately. Not counted against total page number. Contents: o Copy of opinion, memorandum decision, findings of fact, conclusions of law, orders, jury instructions; o Copies of parts of the record of central importance such as contracts or other documents; o Copies of determinative constitutional provisions, statutes, or rules.
Checklist for Briefs Revised January 2018 Page 4 of 5
25
Sample brief cover format
IN THE UTAH COURT OF APPEALS
State of Utah, Plaintiff / Appellee PUBLIC [or] NON-PUBLIC vs. Case No. 20160001-CA
Albert James Jones, Defendant / Appellant
Brief of Appellant
Appeal from the Fourth District Court, Utah County, from a conviction of a first degree felony before the Honorable Robert Robertson
Utah Attorney General's Office Josephine Parker Appeals Division Attorney at Law 160 East 300 South 1245 Main Street Salt Lake City, UT 84114-0854 Provo, UT 84332 801-123-4567 801-123-0000
Counsel for Appellee Counsel for Appellant
Checklist for Briefs Revised January 2018 Page 5 of 5
26 Date UTAH SUPREME COURT/UTAH COURT OF APPEALS Case No. CHECKLIST FOR BRIEFS
_____ RECORD HAS BEEN RETURNED- Rule 26(d) _____ TIMELY FILING OF BRIEF- Rule 26(a) If a brief is untimely, a motion under Rule 22 will be mandatory for permission to file a late brief. _____ CORRECT NUMBER OF COPIES- Rule 26(b) 1. Supreme Court: 8 copies, one containing original signature 2. Court of Appeals: 6 copies, one containing original signature _____ SIZE AND BINDING **Compact-type binding. Coiled plastic and spiral-type bindings are NOT acceptable.** _____ PRINTING REQUIREMENTS- Rule 27 ___ 1. Proportionally spaced typeface must be 13-point or larger for both text and Footnotes; mono-spaced typeface may not contain more than 10 characters per inch. ___ 2. Print on both sides of the page. ___ 3. Double-spaced; 1 ½ spacing is unacceptable. ___ 4. 1" margin on all sides COVER REQUIREMENTS- Rule 27(d) ______1. Color: Appellant: Blue Appellant/Cross-appellee Response: Gray Appellee/Cross-appellant: Red Appellee/Cross-appellant Reply: Gray Amicus, Intervenor, Guardian: Green ______2. Name/address of counsel and designation parties represented a. Party filing brief on lower right cover b. Opposing counsel on lower left cover CONTENT REQUIREMENTS - IN ORDER STATED - Rule 24 _____ List of all parties (current and former) _____ Table of Contents with page references _____ Table of Authorities _____ Introduction _____ Statement of Issues with standard of appellate review ___ 1. Citation to record showing issue preserved in Trial court; or ___ 2. Statement of grounds for seeking review of issue not preserved in Trial Court _____ Statement of Case with citation to the record ___ 1. Facts of the case, to the extent necessary to understand issues presented for review ___ 2. Procedural history of the case, to the extent necessary to understand issues presented for review ___ 3. Disposition in court or agency whose judgment or order is under review _____ Summary of Argument _____ Argument _____ Conclusion _____ LENGTH (Excluding Addendum) 1. Appellant: 14,000 words or less or 30 pages (if no compliance) 2. Appellee: 14,000 words or less or 30 pages (if no compliance) 3. Appellant Reply: (optional) 7,000 words or less or 15 pages (if no compliance) 4. Guardian ad Litem or Intervenor: 14,000 words or less or 30 pages (if no compliance) 5. Amicus Curiae: 14,000 words or less or 30 pages (if no compliance) 6. Appellant/Cross-Appellee: 14,000 words or less or 30 pages (if no compliance) 7. Appellee/Cross-Appellant: 21,000 words or less or 45 pages (if no compliance) 8. Appellant/Cross-Appellee Response: 14,000 words or less or 30 pages (if no compliance) 9. Appellee/Cross-Appellant Reply: 7,000 words or less or 15 pages (if no compliance) 10. Legality of death sentence Principal 28,000 works or less or 60 pages (if no compliance) 11. Legality of death sentence Reply 14,000 works or less or 30 pages (if no compliance) ____ CERTIFICATE OF COMPLIANCE- Rule 24(a)(11) ___ 1. Complies with number of words ___ 2. Complies with Rule 21 governing public and private records _____ Signature of counsel of record OR party if Pro Se _____ Proof of Service _____ Addendum: Findings of fact; memorandum decision; final order; Court of Appeals opinion when Petition for Certiorari is granted _____ PDF version of Brief or Brief on Disc (due 14 days following filing of brief. Refer to Standing Order 8.) _____ Check attorneys in AIS. Make sure attorneys listed on brief are listed on the case in AIS!!! 11/1/17 \\COURTSHARE01\appeals\Shared\CLERKS\FORMS\Checklist(s)\DRAFT checklist.briefs27 11-1-17.wpd