Bench Book
Judge Ernie Jones
QUESTIONNAIRE FOR JUDGE’S BENCHBOOKSecond District Court
1. Scheduling Conferences
Q: Are scheduling conferences needed or used in your court? If so, are they conducted in person or by telephone?
A: In my courtroom, scheduling conferences are used most often in complex civil cases. Usually such conferences are conducted by telephone.
Q: What are your preferences regarding Case Management Orders/Scheduling Orders? Do you require that specific things be included in such orders?
A: I prefer scheduling orders to be as detailed and specific as possible.
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: I do appreciate courtesy copies of briefs, and I prefer that they be delivered 7 days prior to the scheduled hearing.
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: I prefer it when counsel calls to schedule hearings.
Q: Under what circumstances do you decline to grant a request for oral argument?
A: Never. If Attorneys want oral argument I set it.
Q: What is your policy on allowing overlength memoranda?
A: Never. If it cannot be said in 25 pages then something is wrong.
Q: What separates a useful brief from one that is unhelpful?
A: Useful briefs are concise and to the point, with case law on point. Long briefs are generally not helpful.
Q: Do you prefer that counsel provide copies of the relevant cases prior to a hearing?
A: Not always necessary.
Q: What makes an effective motions argument?
A: The most effective motions arguments are short and brief, and are conducted by counsel who can answer the Court’s questions.
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: No.
3. Final Pretrial Conference
Q: In your view, what is the purpose of a final pretrial conference?
A: To be sure both sides are ready for trial, and that there are no surprises.
Q: What topics or issues should counsel come prepared to discuss?
A: Witness list, jury instructions, last minute settlement possibilities.
Q: What steps do you take, if any, at a final pretrial conference to encourage settlement of the case?
A: None. I think it is up to the parties. I do not lean on either side.
Q: Do you require clients to be present at final pretrial conferences?
A: No.
4. Jury Trial Practice
Jury selection:
Q: How is voir dire conducted in your courtroom?
A: The Judge and attorneys are involved.
Q: Do you allow counsel to participate in voir dire? If so, to what extent?
A: Yes, I give counsel some latitude.
Q: What is your due date for requested voir dire questions?
A: 7 days before trial.
Q: Do you allow or encourage the use of jury questionnaires?
A: Only on serious cases, such as murder or aggravated sexual assault.
Requested instructions:
Q: When do you require requested instructions to be submitted?
A: 7 days before trial.
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: MUJI is enough. Cases are not required with instructions.
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: No.
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: 9 to 5 with 1 hour for lunch.
Q: What are your preferences with respect to motions in limine and other trial related motions?
A: I prefer that such issues be raised and dealt with well before trial.
Q: What are your preferences and/or procedures related to witness scheduling?
A: Witnesses should be there for start of trial, during jury selection.
Q: What are your preferences with respect to trial exhibits?
A: I prefer to have exhibits marked before trial.
5. Bench Trial Practice
Q: What are the major differences, in your courtroom, between bench trials and jury trials?
A: Jury trials move much slower because of instructions.
Q: Do you appreciate or require proposed findings of fact and conclusions of law from counsel?
A: I appreciate proposed findings but I do not require them. I give the parties the option.
Q: Do you appreciate or require trial briefs from counsel?
A: Trial briefs are not required, but can be helpful in some cases.
6. Thoughts on Effective Advocacy
Q: What makes an effective advocate in jury arguments?
A: Short and concise arguments are most effective.
Q: What are the most common mistakes made in argument?
A: The most common mistake I see is counsel going on too long.
Q: What are some techniques that do, or do not, work effectively in the examination of witnesses?
A: Being aggressive does not win points with most juries.
Q: Do you find the use of computer-assisted presentations (e.g., PowerPoint) effective and/or useful?
A: In some cases it is useful, but in most cases copies of documents works fine.
7. Criminal Matters
Q: How do you handle requests for continuance on pretrials, arraignments or roll calls?
A: We need to be flexible, but most of us can figure out which attorneys are playing games.
Q: When may the issue of bail best be addressed in your courtroom?
A: At arraignment or roll call.
Q: What information do you want from counsel at the time of sentencing?
A: RAP Sheet, prior convictions, victim impact statement.
Q: Are private pre-sentence evaluations useful or encouraged?
A: I have never used a private PSR.
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: Tell my Clerk what you want. Everything goes through the Clerk.
8. 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: No.
Q: What do you want to have on temporary order issues?
A: I need to know the reasons why the order is needed.
Q: Do you have a policy on child interviews with respect to custody?
A: I usually do not interview the child; Guardian Ad Litem is used in most cases.
9. Discovery Practices
Q: What is your approach to resolving discovery disputes?
A: Give both sides adequate time for discovery. Sanctions used sparingly.
Q: What are your thoughts on imposing sanctions for discovery abuses?
A: Only used in extreme cases.
Q: Are you generally available to solve problems that arise during a deposition?
A: No, but I can be if really necessary.
10. Thoughts on Courtroom Protocol
Q: Is civility ever a problem in your courtroom? If so, do you take steps to improve civility in your courtroom?
A: Yes, from time to time. I tell the attorneys that the bickering does not help their case.
Q: Do you impose any limitations on courtroom movement (approaching witnesses, podium, etc.)?
A: No, but I tell them that moving aroundmay affect the recordingor ability to record their comments.
11. Other Miscellaneous Issues
Q: What are your opinions regarding courtroom dress?
A: Coat and tie is appropriate for men. Dress or slacks for women—no mini skirts.
Q: Do you allow children in your courtroom?
A: On a limited basis.
Q: Do you allow cellphones in your courtroom?
A: No.
Q: What, if anything, do you do to enforce promptness in your courtroom?
A: Never been a problem here.
12. Clerk’s Comments
Q: The name and phone number of my clerk(s) is:
A: Venna Woodring. 1-801-395-1176
Q: My clerk wants you to please do these things:
A: If a large number of exhibits will be offered at trial, pre-mark or provide notification to the Clerk so I can be prepared. Other than that, we are easy!