Continuances

Continuances and extensions will be granted if reasonably possible with the understanding that all cases should be resolved within the time frame and guidelines of the Rules of Superintendence. Requests for continuances should be presented to the Court a minimum of five (5) days prior to the court date. Opposing parties must be contacted regarding the request.

Decorum

The courtroom is a place in which everyone will be treated in a respectful and courteous manner as to provide an environment where all parties feel justice is being served. Litigants, counsel for the parties, and witnesses must be respectful to one another and to all parties in the courtroom. Examinations need not be conducted at the lectern. Counsel should ask permission to approach a witness. Appropriate attire is required. Attire prohibitions include: no hats, sunglasses, head bands (religious and medical exceptions will be recognized). Cell phones and wireless devices must remain off or be placed on silent mode while in the courtroom. Otherwise such devices may be confiscated.

Motions & Briefs

Motions must submitted timely and served on opposing parties. Motions may be ruled on without oral hearings, unless requested. All motions are to be submitted to the Court at least five (5) days before trial date. It is the practice that all motions hearings, when requested, will be considered in a liberal and relaxed manner with extensions granted for good cause.

Status Conferences

Status conferences are held only on request or if the Court deems necessary. Parties should be prepared to discuss preliminary matters including but not limited to discovery issues, preliminary motions, etc. Status conferences may be held by phone if parties agree or the Court requests.

Other

The courtroom is run in a courteous and efficient manner. There is a high volume case load on a daily basis. To ensure that justice is served for each case in a timely fashion, it is important that the parties, attorneys, and all other persons involved with the court are willing to discuss the matters with a goal of efficient resolution of the cases.

It is essential that all parties, attorneys, and witness be on time for their scheduled case(s) or communicate with the Court when scheduling conflicts occur. The Court encourages the prosecutor to meet with the opposing counsel to discuss the case(s) and exchange any discovery requested.

Motions & Briefs

All motions and briefs are to be submitted timely and served on opposing parties. Courtesy copies sent to the Judge will expedite rulings. Parties may request a hearing when necessary. Collaboration with parties and the Court is appreciated.

General

Pretrial conferences are scheduled in all cases for discussion of the case, discovery, and complex issues.  All parties should have authority to act on behalf of litigants as it is not necessary for the actual litigants to be present at the pretrial. Litigants with attorneys appearing on their behalf must be available by telephone for consultation. Counsel are required to confer before the hearing pursuant to Local Court Rule 6.01, making a sincere effort to settle the case and to agree on evidentiary matters about which there is no genuine dispute. Request for a telephone pretrial hearing should be submitted by motion and opposing parties must be contacted regarding the request. The party requesting the continuance must initiate the conference call and contact the Court at the designated time. Pretrial statements must be provided according to Local Court Rule 6.01 at all second pretrial hearings.

Discovery

Assigned prosecutors are encouraged to meet with the attorneys to discuss the cases. If further guidance is needed, the Court shall be available.

General

All pleas should be oral unless otherwise agreed to by the Court and parties. Nolo Contendere pleas (defendant does not admit guilt but does not contest criminal charges) or Alford pleas (defendant enters a plea of guilty but maintains innocence) are allowed with previous discussion with the Court. The Court will consider all recommendations concerning plea arrangements that involve sentencing. 

Motions & Briefs

All motions and briefs are to be submitted timely and served on opposing parties. Courtesy copies to the Judge will expedite rulings. Parties should request a hearing when necessary. Collaboration with parties and the Court is appreciated.

Pretrial/Status Conferences

Criminal defendants must be present at all pretrial conferences unless a non-appearance is approved by the Court.  Counsel should be prepared to discuss their case with the prosecutor and attempt to terminate the matter at the pretrial conference if at all possible.

Other

The Court will only entertain motions for bond modification on the record, in open court with notice to the prosecutor.

General

The Court may have 30 jury trials on any given day. Litigants, counsel for the parties, and the witnesses are to be respectful to one another and to all parties in the courtroom. Cell phones and wireless devices must remain off or on silent while in the courtroom. Examinations need not be conducted at the lectern. Counsel should ask permission to approach a witness.

Exhibits should be marked ahead of time with copies available for the Court, jurors, and the parties with the originals maintained by the court reporter. Trial notebooks must be exchanged in accordance with the pretrial memorandum for civil cases.

Qualifications of experts should be confirmed in accordance with the law and the rules.

Dates

Notice of trial will be sent by the Court. Continuances will be granted when requested ONLY if it is within rule, preferably one week prior to trial. Opposing parties must be contacted regarding requests. The daily trial schedule includes 30-50 cases, in addition to 30-50 pretrials and revocations.

Jury Procedures

The Court conducts voir dire with the assistance of the parties. Peremptory challenge procedures are by the rules. The Court will not require that jury instructions be submitted by the parties. If however, proposed jury instructions are requested, they are to be submitted no later than the first day of trial. Jurors are permitted to inspect exhibits at trial and in the jury room. The Court generally seats two alternates in addition to the sworn jurors. The Court may limit the time devoted to opening statements or to closing statements. The jury is instructed by the Judge.