Bench Book
Judge James L. Shumate
QUESTIONNAIRE FOR JUDGE’S BENCHBOOK
JUDGE: James L. Shumate - Fifth 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: I prefer stipulated orders. If that doesn’t work, then scheduling is done in person.
Q: What are your preferences regarding Case Management Orders/Scheduling Orders? Do you require that specific things be included in such orders?
A: Standard terms are fine.
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, and prefer that they be delivered one week before the 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 will set hearings as needed.
Q: Under what circumstances do you decline to grant a request for oral argument?
A: Rarely will I decline a request for oral argument, and only if the issue is obvious.
Q: What is your policy on allowing overlength memoranda?
A: Freely allowed.
Q: What separates a useful brief from one that is unhelpful?
A: Avoid purple passages and hyperbole. I am only impressed by my own literary skills.
Q: Do you prefer that counsel provide copies of the relevant cases prior to a hearing?
A: Only if the case is not available, for some reason, on LEXIS-NEXIS.
Q: What makes an effective motions argument?
A: Effective motions arguments are short and simple.
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. Follow the law.
3. Final Pretrial Conference
Q: In your view, what is the purpose of a final pretrial conference?
A: To explore settlement and to discuss stipulations on exhibits.
Q: What topics or issues should counsel come prepared to discuss?
A: Please come prepared to discuss the time for trial and available dates.
Q: What steps do you take, if any, at a final pretrial conference to encourage settlement of the case?
A: I will set trials in July in St. George to encourage settlement.
Q: Do you require clients to be present at final pretrial conferences?
A: I require them to be available by phone in case settlement is discussed.
4. Jury Trial Practice
Jury Selection:
Q: How is voir dire conducted in your courtroom?
A: I use the strike and replace method.
Q: Do you allow counsel to participate in voir dire? If so, to what extent?
A: I prefer requested voir dire questions to be submitted to me pre-trial.
Q: What is your due date for requested voir dire questions?
A: Ten days prior to trial.Q: Do you allow or encourage the use of jury questionnaires?
A: Yes, I both allow and encourage.
Requested Instructions:
Q: When do you require requested instructions to be submitted?
A: Ten 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: MUJI is sufficient, with a “clean copy” for use.
Q: Do you have a set of stock jury instructions that you use?
A: I have a set of stock jury instructions in criminal cases. I use MUJI stock instructions in civil matters.
Q: Do you prefer to receive an electronic copy of requested instructions?
A: Yes.
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: 9-5 with a one-hour lunch break. I like to skip Wednesdays if possible.
Q: What are your preferences with respect to motions in limine and other trial related motions?
A: These should be handled immediately prior to trial.
Q: What are your preferences and/or procedures related to witness scheduling?
A: I leave these matters to counsel. I am very flexible to calling witnesses out of order.
Q: What are your preferences with respect to trial exhibits?
A: Exhibits should be marked with a list for the clerk at least one day before trial.
5. Bench Trial Practice
Q: What are the major differences, in your courtroom, between bench trials and jury trials?
A: I ask a lot of questions in a bench trial.
Q: Do you appreciate or require proposed findings of fact and conclusions of law from counsel?
A: Yes, these are very important.
Q: Do you appreciate or require trial briefs from counsel?
A: Trial briefs are appreciated.
6. Thoughts on Effective Advocacy
Q: What makes an effective advocate in jury arguments?
A: Clarity, brevity, and good delivery.
Q: What are the most common mistakes made in argument?
A: Going too long, and not having a clear focus on what you want the jury to see.
Q: What are some techniques that do, or do not, work effectively in the examination of witnesses?
A: Use a notebook with questions already submitted to your witnesses.
Q: Do you find the use of computer-assisted presentations (e.g., PowerPoint) effective and/or useful?
A: These are usually very useful.
7. Criminal Matters
Q: How do you handle requests for continuance on pretrials, arraignments or roll calls?
A: Only 3 roll calls are permitted. Cases older than 18 months must be tried.
Q: When may the issue of bail best be addressed in your courtroom?
A: File the motion with a memorandum.
Q: What information do you want from counsel at the time of sentencing?
A: Focus on rehabilitative resources.
Q: Are private pre-sentence evaluations useful or encouraged?
A: They can’t hurt, but AP&P usually does a good job here.
Q: Do you have any standard sentences the bar should be advised about, i.e., DUI sentencings, acceptance of alcohol-related reckless?
A: The fine on Class B DUI is $1500. The fine on Class A and third degree felony DUI is $2000.
Q: How should counsel on busy law and motion calendar handle calling a case?
A: I call cases quickly. Be in the courtroom and ready to go in order.
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: Custody cases have to be done with all deliberate speed.
Q: What do you want to have on temporary order issues?
A: Proffers are all I use here.
Q: Do you have a policy on child interviews with respect to custody?
A: I don’t interview kids.
9. Discovery Practices
Q: What is your approach to resolving discovery disputes?
A: If I have to settle the disputes, no one will like the outcome.
Q: What are your thoughts on imposing sanctions for discovery abuses?
A: I have imposed sanctions before, and I will do so again if needed.
Q: Are you generally available to solve problems that arise during a deposition?
A: I try to be.
10. Thoughts on Courtroom Protocol
Q: Is lack of civility ever a problem in your courtroom? If so, do you take steps to improve civility in your courtroom?
A: Lack of civility has never been a problem in my courtroom.
Q: Do you impose any limitations on courtroom movement (approaching witnesses, podium, etc.)?
A: No, I have never needed to impose any limitations.
11. Other Miscellaneous Issues
Q: What are your opinions regarding courtroom dress?
A: Lawyers should be dressed sensibly. Even though this is St. George, shorts are not allowed.
Q: Do you allow children in your courtroom?
A: Not in their parents’ divorce case, but in other instances, yes.
Q: Do you allow cell phones in your courtroom?
A: Not if they go off. The bailiff will put them in “cell phone jail.”
Q: What, if anything, do you do to enforce promptness in your courtroom?
A: I dismiss matters if lawyers aren’t there.