Bench Book
Judge Terry Christiansen
QUESTIONNAIRE FOR JUDGE’S BENCHBOOKThird 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: Yes. I try to make myself available either in person or by telephone, at the convenience of counsel.
Q: What are your preferences regarding Case Management Orders/Scheduling Orders? Do you require that specific things be included in such orders?
A: he Case Management Order should take the case completely through the discovery phase. Thereafter, counsel should contact my clerk to set a scheduling conference at which time dates will be set for: motion cutoff; witness disclosure; exchange of exhibits; preparation of jury instructions; trial dates; and other issues counsel want to address.
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 appreciate courtesy copies of briefs so I can make notes and underline or highlight what I consider important. The courtesy copy should be received within two days of hearing on the motion.
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 that counsel call to schedule the hearing with my clerk so the case doesn’t inadvertently get delayed.
Q: Under what circumstances do you decline to grant a request for oral argument?
A: Pursuant to URCP 7(e), hearings are granted upon request of either party for dispositive motions. I liberally grant hearing requests, but would decline a request for oral argument on frivolous or clearly non-meritorious motions.
Q: What is your policy on allowing overlength memoranda?
A: I will allow overlength memoranda only on complex cases where a need is shown. I firmly believe the best memoranda are clear and concise.
Q: What separates a useful brief from one that is unhelpful?
A: I am interested in Utah law. I am only interested in cases from other jurisdictions if there is no case law in Utah. Counsel should provide me with their best law and argument in a clear and concise manner.
Q: Do you prefer that counsel provide copies of the relevant cases prior to a hearing?
A: Yes. If there is a case directly on point, I appreciate receiving a copy of such case. I do not want, however, copies of all cases cited.
Q: What makes an effective motions argument?
A: I read all memoranda prior to the hearing so I don’t need to hear everything again. Attorneys should focus on their key points and address issues raised by opposing counsel.
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: Attorneys need to know and comply with URCP 65A. The Notice requirement in Rule 65A(b)(1) will be strictly construed.
3. Final Pretrial Conference
Q: In your view, what is the purpose of a final pretrial conference?
A: The primary purpose is to attempt to settle the case. I also need to discuss with the attorneys any special evidentiary or other concerns.
Q: What topics or issues should counsel come prepared to discuss?
A: Settlement and the contested issues.
Q: What steps do you take, if any, at a final pretrial conference to encourage settlement of the case?
A: I like to have another judge at my location do my pre-trial conferences and I do his or hers. This enables the other judge to freely discuss the merits of each party’s position and how much the case is worth.
Q: Do you require clients to be present at final pretrial conferences?
A: Yes.
4. Jury Trial Practice
Jury selection:
Q: How is voir dire conducted in your courtroom?
A: I conduct voir dire using general/stock questions plus questions requested by the attorneys that are appropriate.
Q: Do you allow counsel to participate in voir dire? If so, to what extent?
A: Counsel submits in writing requested voir dire questions prior to trial. In addition, after I have asked my voir dire questions, I have a bench conference to determine if either counsel has additional questions they want me to consider.
Q: What is your due date for requested voir dire questions?
A: Two days before trial.
Q: Do you allow or encourage the use of jury questionnaires?
A: In capital homicide cases, jury questions are very useful. I have not used or considered jury questionnaires on other cases, but my mind is open.
Requested instructions:
Q: When do you require requested instructions to be submitted?
A: Two days prior to 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: I want a clean copy and a copy with citations. A citation to MUJI is sufficient.
Q: Do you have a set of stock jury instructions that you use?
A: Yes. I also give preliminary instructions to the jury at the beginning of trial.
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: I like to start at 8:30 and go until around noon. The noon break is generally about 1½ hours, depending on whether motions or jury instructions need to be addressed. I go to around 5:00 p.m. On lengthy trials, I see great merit in the 8:00 a.m. to 2:00 p.m. schedule.
Q: What are your preferences with respect to motions in limine and other trial related motions?
A: I don’t like to keep jurors waiting and try to accommodate jurors as much as possible. Accordingly, all motions should be disposed of before trial.
Q: What are your preferences and/or procedures related to witness scheduling?
A: I expect witnesses to be present so court is not delayed. I have no problem taking witnesses out of order if counsel wants to accommodate a particular witness.
Q: What are your preferences with respect to trial exhibits?
A: I prefer they are marked before trial. Exhibits are marked as either plaintiff’s or defendant’s exhibits. I prefer numbers rather than letters on the exhibits.
5. Bench Trial Practice
Q: What are the major differences, in your courtroom, between bench trials and jury trials?
A: I am more flexible in accommodating counsel in a bench trial in matters relating to scheduling and case management. Hopefully, the learning curve for a bench trial is not as steep and attorneys can expect a more expedited proceeding.
Q: Do you appreciate or require proposed findings of fact and conclusions of law from counsel?
A: I require the prevailing party to submit findings of fact and conclusions of law.
Q: Do you appreciate or require trial briefs from counsel?
A: I appreciate trial briefs on contested issues. I require trial briefs when I need more information about the law.
6. Thoughts on Effective Advocacy
Q: What makes an effective advocate in jury arguments?
A: (1) Don’t lose credibility by making spurious arguments; (2) don’t talk down to jurors; (3) get to the point—don’t ramble; (4) know your case well enough to limit or eliminate notes; (5) be organized—present argument in a clear and concise manner; and (5) don’t just recite witness testimony.
Q: What are the most common mistakes made in argument?
A: (1) Closing argument is too long; (2) attorneys lose credibility by making ridiculous arguments or talk down to jurors; and (3) attorneys fail to focus on strength of their case in a clear, organized manner.
Q: What are some techniques that do, or do not, work effectively in the examination of witnesses?
A: Preparation is the key for both direct and cross-examination. Attorneys must examine witnesses with a purpose and make their case as simple and easy to understand as possible. It is a mistake to just repeat direct examination when cross-examining witnesses. It is also a mistake to focus on irrelevant matters.
Q: Do you find the use of computer-assisted presentations (e.g., PowerPoint) effective and/or useful?
A: Yes, as long as it is not overdone and counsel is proficient with the equipment needed.
7. Criminal Matters
Q: How do you handle requests for continuance on pretrials, arraignments or roll calls?
A: Counsel should file a written motion with either a stipulation from opposing counsel or represent in the motion opposing counsel has been contacted and has no opposition.
Q: When may the issue of bail best be addressed in your courtroom?
A: The issue is best addressed at a hearing after a motion to reduce bail has been filed. On most arrangements/first appearance calendar, a representative from pre-trial services is present to address possible release through pre-trial services.
Q: What information do you want from counsel at the time of sentencing?
A: I generally require a pre-sentence report which covers the nature of the offense, restitution, criminal history, drug and alcohol problems, etc. Counsel is most effective when they recommend a sentence which is appropriate in light of the factors in the PSR. Counsel can provide suggested programs to address how to best balance and weigh the needs of society and the needs of the individual defendant.
Q: Are private pre-sentence evaluations useful or encouraged?
A: Pre-sentencing evaluations are extremely helpful. In limited situations, a private evaluation may be helpful.
Q: Do you have any standard sentences the bar should be advised about, i.e., DUI sentencings, acceptance of alcohol-related reckless?
A: Most DUI and ARR cases are handled by justice courts. The most common problem I see in criminal cases is methamphetamine. I try to combine some jail with education where meth is involved so defendants have a knowledge of what they are doing to their body and mind and where their life is going unless they stop their drug use.
Q: How should counsel on busy law and motion calendar handle calling a case?
A: Counsel can ask me to call their case at any time. I do not proceed in calendar order to accommodate attorneys. However, I try to dispose of cases which can be handled expediently before taking cases involving evidentiary hearings or lengthy arguments.
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: Counsel need to be aware of the factors courts must consider in determining issues such as child custody, alimony, property division, etc. Evidence needs to be presented on such factors and detailed findings of fact made to support the court’s conclusion of law. Counsel should always submit a written proposal for how assets should be distributed.
Q: What do you want to have on temporary order issues?
A: I want the attorneys to resolve as many issues as possible so court time focuses on what is really disputed. It is imperative to have income and expense information for resolution of financial issues. I prefer that evidence be proffered at hearings for temporary orders where possible.
Q: Do you have a policy on child interviews with respect to custody?
A: Pursuant to 30-3-10(d) U.C.A., I will conduct child interviews in camera only with the consent of the parties. I believe it is in poor taste for children to testify in divorce cases and only in rare incidents pursuant to 30-3-10(1)(b) will I permit their testimony.
9. Discovery Practices
Q: What is your approach to resolving discovery disputes?
A: Judges should generally not have to referee discovery disputes. Attorneys should be both professional and ethical which will eliminate almost all such disputes. When judicial intervention is required, a protective order will be issued pursuant to URCP 26(c) or an order compelling discovery pursuant to URCP 37.
Q: What are your thoughts on imposing sanctions for discovery abuses?
A: When appropriate, sanctions will be issued pursuant to URCP 37(a)(4).
Q: Are you generally available to solve problems that arise during a deposition?
A: Yes.
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: Lack of civility is not generally a problem in the courtroom. Attorneys are generally courteous to each other and the court staff, witnesses and opposing counsel and show respect to the court and legal process.
Q: Do you impose any limitations on courtroom movement (approaching witnesses, podium, etc.)?
A: I prefer attorneys remain at the podium so the record is as clear as possible. I allow attorneys to approach witnesses when necessary without seeking court permission.
11. Other Miscellaneous Issues
Q: What are your opinions regarding courtroom dress?
A: Attorneys and others appearing in court should be smart enough to realize that the way they dress reflects the image others have of them. However, I attempt to make my decisions fairly and impartially and disregard sartorial choices.
Q: Do you allow children in your courtroom?
A: Yes, provided they are not a distraction.
Q: Do you allow cellphones in your courtroom?
A: Only if they are turned off.
Q: What, if anything, do you do to enforce promptness in your courtroom?
A: I take the bench promptly and expect attorneys to be ready to proceed at the scheduled time. After practicing law for 25 years, I realize the difficult job attorneys have and the need to speak with clients and opposing counsel. If an attorney is habitually tardy, I will speak with the attorney privately.
12. Other Suggestions, Thoughts, Concerns
There is brilliance in brevity. Never do anything to diminish or impair your credibility or integrity. Always be prepared and on time.
13. Clerk’s Comments
Q: The name and phone number of my clerk(s) is:
A: Cindy Eyre 982-2432
Q: My clerk wants you to please do these things:
A: (1) state your name on record when you make a court appearance, and (2) for telephone messages, leave your name, telephone number, the name of the case and the number of the case you are calling about.