Bench Book
Judge Lyle Anderson
QUESTIONNAIRE FOR JUDGE’S BENCHBOOK
JUDGE: Lyle Anderson - Seventh 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 rarely use scheduling conferences. When I use them I sometimes conduct them by phone, but not if I think resolution or narrowing of the issues could be served by personal appearance.
Q: What are your preferences regarding Case Management Orders/Scheduling Orders? Do you require that specific things be included in such orders?
A: I have never scrutinized a Case Management Order. I assume they comply with Rule 26 and sign them.
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: If you want me to have read your memoranda, mail them to the Monticello court site at least five business days 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 schedule oral argument when I receive the notice to submit. If requested, I could schedule it earlier.
Q: Under what circumstances do you decline to grant a request for oral argument?
A: If the correct decision is obvious and oral argument is not absolutely required, I deny it. If the rule requires argument, I schedule it even if it will not help.
Q: What is your policy on allowing overlength memoranda?
A: I have never denied a request for leave to file an overlength memorandum.
Q: What separates a useful brief from one that is unhelpful?
A: A useful brief is concise and focuses on the issues. Personal comments about opposing counsel, even if deserved, are not helpful.
Q: Do you prefer that counsel provide copies of the relevant cases prior to a hearing?
A: I prefer to receive copies of the two or three best cases before the hearing. I have no one to do research for me unless I call the clerk shared with other districts.
Q: What makes an effective motions argument?
A: If I tell you I read the memoranda, give me your best argument and sit down unless I ask 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: It surprises me how many lawyers obviously have not read the governing rules. I will read them and hold you to them.
3. Final Pretrial Conference
Q: In your view, what is the purpose of a final pretrial conference?
A: I try few civil cases, and rarely have a final pretrial conference that is substantial. In a complicated case, suggest it if you think it will help.
Q: What topics or issues should counsel come prepared to discuss?
A: I like to have preliminary instructions and the core trial instructions resolved before trial if possible.
Q: What steps do you take, if any, at a final pretrial conference to encourage settlement of the case?
A: I rarely push for a settlement at this stage, but would if invited to do so.
Q: Do you require clients to be present at final pretrial conferences?
A: If we have one, the client should be present.
4. Jury Trial Practice
Jury Selection:
Q: How is voir dire conducted in your courtroom?A: I do it.
Q: Do you allow counsel to participate in voir dire? If so, to what extent?
A: Lawyers can suggest questions. I’m willing to experiment with lawyers asking questions if they do not overreach.
Q: What is your due date for requested voir dire questions?
A: The morning of trial is soon enough.
Q: Do you allow or encourage the use of jury questionnaires?
A: I have used questionnaires in high profile cases that involve people well-known in the area.
Requested Instructions:
Q: When do you require requested instructions to be submitted?
A: In criminal cases, the morning of trial is soon enough. I prefer them a week before trial in civil cases.
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 just want the file copy and my work copy.
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: I never have, but that is a good idea.
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 usually go 9-12 and 1:30-5:00, but have gone 8-1 after the first day of long trials.Q: What are your preferences with respect to motions in limine and other trial related motions?
A: I may not resolve the motion before trial, but would like to know of the one or two most critical questions in advance of trial.
Q: What are your preferences and/or procedures related to witness scheduling?
A: This is the province of lawyers. I am very flexible about taking witnesses out of order.
Q: What are your preferences with respect to trial exhibits?
A: All exhibits should be numbered sequentially from 1 to infinity.
5. Bench Trial Practice
Q: What are the major differences, in your courtroom, between bench trials and jury trials?
A: When I don’t have a jury, I am more active in questioning witnesses, and in closing off lines of questioning that, through technically relevant, will not affect my decision.
Q: Do you appreciate or require proposed findings of fact and conclusions of law from counsel?
A: I do not require proposed findings and conclusions before trial. It would not be helpful in most cases.
Q: Do you appreciate or require trial briefs from counsel?
A: Trial briefs are helpful in about 20% of the cases.
6. Thoughts on Effective Advocacy
Q: What makes an effective advocate in jury arguments?
A: Organization, consistency and brevity.
Q: What are the most common mistakes made in argument?A: Too long, failing to admit the obvious.
Q: What are some techniques that do, or do not, work effectively in the examination of witnesses?
A: Badgering a witness is rarely helpful. For critical points, outline your interrogation question by question.
Q: Do you find the use of computer-assisted presentations (e.g., PowerPoint) effective and/or useful?
A: I have seen them be very helpful in educating jurors about the science behind a claim.
7. Criminal Matters
Q: How do you handle requests for continuance on pretrials, arraignments or roll calls?
A: I rarely have criminal pretrials. You can easily get a continuance on misdemeanor arraignments on first felony appearances. After that, I am pretty strict.
Q: When may the issue of bail best be addressed in your courtroom?
A: I sometimes address it before counsel is appointed, but will always give another chance after counsel appears. I will address it at any stage, but don’t keep making the same pitch.
Q: What information do you want from counsel at the time of sentencing?
A: I want to know what facts in the PSI are wrong, and where counsel disagrees with the recommendation. If there is no PSI, I want to know about history, the facts of the case, and whether your client accepts responsibility.
Q: Are private pre-sentence evaluations useful or encouraged?
A: I don’t know if I have ever seen one. Since they are purchased by one side, their weight will be limited.
Q: Do you have any standard sentences the bar should be advised about, i.e., DUI sentencings, acceptance of alcohol-related reckless?
A: I almost always give 10 days in jail to someone who provides alcohol to someone under 18.
Q: How should counsel on busy law and motion calendar handle calling a case?
A: I let lawyers with one or two cases ask that their cases be called early on a 40 case calendar.
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: I firmly believe that children are entitled to contact with two parents, if the parents can be responsible.
Q: What do you want to have on temporary order issues?
A: Most lawyers proceed by order to show cause, but I actually prefer a motion for temporary relief (or orders).
Q: Do you have a policy on child interviews with respect to custody?
A: I will interview a child without parents or counsel present if the parties agree. Otherwise, I won’t.
9. Discovery Practices
Q: What is your approach to resolving discovery disputes?
A: I lock the lawyers in a room without food or drink. Seriously, there is nothing worse than this. When I have to do it, I just try to muck my way through.
Q: What are your thoughts on imposing sanctions for discovery abuses?
A: I believe in graduated sanctions. In egregious cases, I will enter a default.
Q: Are you generally available to solve problems that arise during a deposition?
A: Yes, and I have done this. But, both lawyers lose something from their “good will” account unless the perpetrator is obvious.
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 is a problem. I sometimes deal with it by a visit in chambers.
Q: Do you impose any limitations on courtroom movement (approaching witnesses, podium, etc.)?
A: I always grant requests to approach, but I do not permit lawyers to wander around the courtroom, particularly during closing arguments.
11. Other Miscellaneous Issues
Q: What are your opinions regarding courtroom dress?
A: Suit and tie for men. Similar formality for women. I expect less of clients, witnesses and spectators.
Q: Do you allow children in your courtroom?
A: Yes, if they are quiet.
Q: Do you allow cell phones in your courtroom?
A: Yes, if they are quiet.
Q: What, if anything, do you do to enforce promptness in your courtroom?
A: I require people who are late to explain why. Those not present risk losing their cases. If you are late, your case goes to the bottom of the pile.
12. Other Suggestions, Thoughts, Concerns
I take lots of conflict cases in other districts. If you are a lawyer in these cases, remember I have to commit at least a day to each appearance. Please be considerate of my time. I hate last minute continuances.
13. Clerk’s Comments
Q: The name and phone number of my clerk(s) is:
A: Moab (435) 259-1349
Monticello (435) 587-2122
I do not have a clerk assigned just to me.Q: My clerk wants you to please do these things:
1. Do not fax pleadings unless they are time sensitive.
2. If the court sets a pre-trial conference and the attorney would like that to be held telephonically, they should file a motion with that request.