Bench Book

Judge Glen R. Dawson

Checklist for Judge’s Responses
Second District Court, Bountiful Division

1. Thoughts on courtroom protocol:

Please be prompt for all hearings. I will always endeavor to start hearings on time. If you are going to be delayed for some reason please call my clerk so that we can be informed.
Please treat all court personnel with respect.
I will always allow counsel to converse outside my presence if they wish to do so. During court proceedings please address arguments to the court and not to opposing counsel.

2. Things lawyers do that are particularly helpful:

I appreciate counsel who cooperate with opposing counsel and who conduct themselves in a professional manner at all times.
I appreciate counsel who provide the court with courtesy copies of all exhibits at bench trials. In this regard, please bear in mind that I will not look at a proposed exhibit until it has been introduced into evidence. Once an exhibit is introduced, it is always helpful to be able to follow along with the witness in reviewing the exhibit.
I appreciate counsel who provide courtesy copies of memoranda (both sides) prior to motion hearings. I generally attempt to begin my final review of briefs 10 business days prior to scheduled hearings. I also appreciate receiving photocopies of the most important decisions referenced in your memoranda, especially decisions not found in the Utah Reporter. You are welcome to highlight the language in the decision that is pertinent.
I appreciate counsel who are well prepared.
I appreciate counsel who are courteous.

3. Things lawyers do that are not helpful:

I am easily confused. I do not appreciate counsel who attempt to confuse or obfuscate the issues either in oral argument or in written memoranda.
I do not appreciate counsel who attempt to unnecessarily prolong litigation.
Personal attacks on opposing counsel are not helpful.

4. What lawyers should know about motions practice in my court:

I will have read counsel’s memoranda prior to the hearing if submitted in a timely fashion. Oral argument is only meaningful to me if I have had a chance to read all briefs and cases prior to the oral argument. Submission of a supplemental brief the day before the hearing will cause me to want to reschedule oral argument.
Please fully brief a matter before it is submitted for decision or oral argument. It is inefficient to have counsel cite a case for the first time at oral argument and this should only happen if the case was decided just prior to the argument. I generally will grant a continuance of a hearing if counsel requests time to analyze a case introduced for the first time at oral argument.
I will strictly follow Rule 4-501 of the Code of Judicial Administration regarding motions for summary judgment.

5. My impression of an effective advocate on motions practice is one who:

Is well prepared, attempts to clarify and not confuse and responds directly to questions.

6. What lawyers should know about jury trial practice in my court:

7. What lawyers should know about bench trial practice in my court.

I generally will not set a trial date until the final pretrial conference.
Opening statements are helpful to focus the court on the position of each party. Please be as specific as possible.
Please be prepared. I generally rule from the bench following a bench trial. My job is made much easier if each party’s case is presented in an organized manner.

8. My clerk wants you to keep these things in mind:

The lead deputy court clerk that I work with(the clerk responsible to return phone calls related to the court’s schedule) is also the clerk that is with me in court during most hearings and all trials. This clerk works very hard to return phone calls promptly but is unable to call during the time we are in session. Please be patient and we will attempt to return all calls as promptly as possible. Please treat all clerks with respect.

9. Clerk’s name and phone number:

10. Other comments or suggestions:

All court personnel in Bountiful are eager to be as user friendly as possible. We appreciate the opportunity to serve the citizenry of the Second District. Please let us know of any way that we may do a better job in fulfilling our role.