Bench Book

Judge Clint S. Judkins

First District Court

Thoughts on courtroom protocol:

Timeliness is essential. The court will convene at the appointed time and lawyers are expected to be present and at the counsel table prepared to proceed at such time.
Lawyers may examine witnesses from counsel table or behind the podium. Please ask for the court’s permission to approach the bench or a witness.
Any documents or exhibits to be presented to the court should be handed to the bailiff.
Lawyers are expected to dress appropriately. Men should wear a tie. Lawyers should advise clients and witnesses to also dress appropriately. No one in shorts or tank tops will be allowed in the courtroom.

Things lawyers do that are particularly helpful:

Arrive on time and are prepared.
Provide courtesy copies of exhibits and documents to the court and opposing counsel.
Prepare a “trial notebook” with exhibits, relevant memoranda, and important decisions organized into a binder.
Provide a trial brief at least 24 hours prior to trial. Make sure the clerk is aware that the trial is imminent and the trial brief should be forwarded directly to the court.
Advise the court of the exact relief your client is seeking. Pleadings should be succinct and set forth the specific relief requested. General allegations are not appropriate.
Conduct negotiations with opposing counsel prior to hearings. Stipulate as to facts and issues that can be agreed upon.

Things lawyers do that are not helpful:

Seek attorney fees where they are not provided by statute or signed contract.
Submit documents in support of an interest or attorney fees without highlighting appropriate clauses.
Fail to communicate and coordinate with opposing counsel.
Make general allegations and ask the court to decide what remedy or relief is appropriate.
Fail to be direct and specific by inordinate cross-referencing of documents. Lawyers should not send the court on a fishing expedition for a cause of action and remedy.
Unnecessary delay.
Wait until the last minute to waive a jury or settle a case where a jury has been summoned. Lawyers should be sensitive to prospective jurors who often have re-arranged schedules and taken time off work.
Fail to treat witnesses or opposing counsel and/or their clients with respect. Lawyers should conduct themselves with professionalism and cordiality.

What lawyers should know about motion practice in my court:

Follow Rules of Judicial Administration, Rule 4-501.
All motions, with few exceptions, should be in writing.
Motions for continuance should be in writing and discussed with opposing counsel before submitting to the court. If opposing counsel does not oppose the motion so state in the motion or submit a stipulation in writing. However, do not assume that unopposed or stipulated motions are automatically granted. All continuances must be approved by the court.
Include an order with each motion.
No motion will be considered until a notice to submit has been filed.
When arguing motions, do not restate the entire written memorandum. The court will have read the brief and the lawyer need only supplement the motion with arguments emphasizing the key points.

My impression of an effective advocate on motion practice is one who:

Submits motions supported by well prepared and researched memoranda and other supporting documents.

What lawyers should know about jury practice in my court:

Motions in limine should be filed well in advance of the trial so that they may receive adequate advance consideration.
Proposed jury instructions should be filed well in advance of trial. Lawyers should consult with opposing counsel and advise the court as to what jury instructions can be stipulated to and which are objected to.
Exhibits should always be pre-marked by the clerk. Make arrangements with the clerk in advance of trial to do so.
Arrive early on the first day of trial so that the court can have a brief meeting with counsel prior to beginning. Be prepared to discuss what witnesses will be called and anticipated duration of testimony.
Court will begin at 9:00 a.m. The court will recess for lunch from noon until 1:30 p.m. and for appropriate midmorning and mid-afternoon breaks. Unless the trial is close to completion, the court will recess for the day at or about 5:00 p.m.
Counsel will be allowed to voir dire prospective jurors but inquiries should aid in selecting an unbias jury and must not be designed to argue the case or gain commitments from panel members.

What lawyers should know about bench trial practice in my court:

Be on time.
Be prepared.
Please communicate with opposing counsel and stipulate as to agreed upon facts and issues.
In appropriate cases, proffers from counsel as to evidence will be received if appropriate.

My clerk wants you to keep these things in mind:

Advise the clerk when you submit documents close to the day of trial or hearing to make sure they are forwarded with the file to the judge.
If your case is settled, appropriate written settlement papers must be received by the court or the court will expect counsel to appear in court with their clients at the time set for trial to place the settlement on the record.
Do not approach or attempt to talk with the clerk while court is in session. She has certain duties to perform and cannot be distracted.
Make arrangements with the clerk to mark exhibits well in advance of trial.

Clerk’s name and phone number:

Other comments or suggestions:

Thank you for taking the time and effort to look up this information on the website.