Bench Book
Judge A. Lynn Payne, Jr.
QUESTIONNAIRE FOR JUDGE’S BENCHBOOKEighth 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: They are used. Because of the distance, Salt Lake counsel often do this by phone.
Q: What are your preferences regarding Case Management Orders/Scheduling Orders? Do you require that specific things be included in such orders?
A: No.
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: Yes!
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 hearings on motions automatically upon receiving notices to submit.
Q: Under what circumstances do you decline to grant a request for oral argument?
A: I rarely decline to grant a request for oral argument, and usually only in cases where it is clear that the motion will be denied.
Q: What is your policy on allowing overlength memoranda?
A: I hardly ever follow up on this: It takes more time to deal with the problem than to just read the memo.
Q: What separates a useful brief from one that is unhelpful?
A: Clarity.
Q: Do you prefer that counsel provide copies of the relevant cases prior to a hearing?
A: Yes.
Q: What makes an effective motions argument?
A: Brief and gets to the point.
3. Final Pretrial Conference
Q: In your view, what is the purpose of a final pretrial conference?
A: To explain settlement, and to schedule trial matters.
Q: What steps do you take, if any, at a final pretrial conference to encourage settlement of the case?
A: Very little. I rely on the attorneys (who have usually come 184 miles) to make good use of the trip and similarly explore settlement.
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: By the court initially, with counsel being allowed to ask follow-up questions.
Q: What is your due date for requested voir dire questions?
A: 10 days before trial.
Q: Do you allow or encourage the use of jury questionnaires?
A: In some cases (very few).
Requested Instructions:
Q: When do you require requested instructions to be submitted?
A: 10 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: Any unusual instructions would require authority.
Q: Do you have a set of stock jury instructions that you use?
A: No.
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 conclusion for 1 day trials.
Q: What are your preferences with respect to motions in limine and other trial related motions?
A: Ruled upon prior to day of trial.
Q: What are your preferences and/or procedures related to witness scheduling?
A: Counsel is consulted about this on the first morning of trial.
Q: What are your preferences with respect to trial exhibits?
A: Marked before trial begins.
5. Bench Trial Practice
Q: Do you appreciate or require proposed findings of fact and conclusions of law from counsel?
A: No.
Q: Do you appreciate or require trial briefs from counsel?
A: Yes.
6. Thoughts on Effective Advocacy
Q: Do you find the use of computer-assisted presentations (e.g., PowerPoint) effective and/or useful?
A: Sometimes.
7. Criminal Matters
Q: Are private pre-sentence evaluations useful or encouraged?
A: Not used in my court.
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: Counsel should not call a case if he has a special situation that would justify calling the case out of order, he should notify the clerk before court.
8. Special Issues for Domestic Cases
Q: Do you have a policy on child interviews with respect to custody?
A: No.
9. Discovery Practices
Q: What is your approach to resolving discovery disputes?
A: Require the attorneys to come to court for a ruling.
Q: Are you generally available to solve problems that arise during a deposition?
A: It depends on my trial schedule.
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: Rarely.
Q: Do you impose any limitations on courtroom movement (approaching witnesses, podium, etc.)?
A: Yes.
11. Other Miscellaneous Issues
Q: Do you allow children in your courtroom?
A: If they can be quiet.
12. Clerk’s Comments
Q: The name and phone number of my clerk(s) is:
A: Cheryl Weeks, 435-781-9304