Circuit Division
A. Jury Trials
Begin at 8:30 A.M., in chambers. If a criminal case, the Defendant is to also be present then.
Unruled Motions in Limine should have been exchanged by counsel and transmitted to the court at least three days before the trial date.
Instructions should be handed to the court by the party with the burden on the claim or defense
Instruct your clients and witnesses not to speak to any potential juror or juror, except to say something like "good morning or afternoon".
When the judge orders the clerk to call a panel of prospective jurors for a case, the Jury Questionnaire for each prospective juror is available for inspection a the Circuit Clerk's Office.
B. Court Trials
Begin at 9:00 A.M., in chambers. In a criminal case, the Defendant is to be present for the conference in chambers.
C. Exhibits
In all trials, Plaintiff/Petitioner’s exhibits should be premarked using numerals. Defendant/Respondent’s exhibits should be lettered. Other parties may use roman numerals.
A list of exhibits should be submitted to the judge and person making the record before the trial commences. For a form see Forms under main menu.
D. Instructions
Unless otherwise agreed and ordered by the court, jurors will be allowed to take notes during both civil and criminal trials. So, use that instruction.
The party with the burden of proof shall submit the verdict director(s), any definition(s), damage instruction(s) and form(s) of verdict to the Court and opposing counsel one week before the trial date. (In a criminal case that is the verdict director(s), any definitions, and the guilty form(s) of verdict).
At trial, complete set of instructions shall be handed to the court prior to the commencement of trial by the party with the burden of proof or who must offer the instruction. Paper clipped together should be a clean copy of the instruction (for the jury), and, three "dirty" copies with appropriate MAI numbers (one for the court and one for each party). The court will separate these, make packages and hand the instructions to each party before the instruction conference.
Don't worry about your proof changing. You can submit corrected instructions after the evidence is complete.
E. Default Judgments / Stipulated Judgments
A proposed judgment should be provided by counsel to the court before evidence is heard.
Judge, how much evidence do you want? Lawyer, how good a judgment do you want?
F. Voir Dire
Each party has one opportunity for voir dire - both general and special questions at one time.
G. Criminal Guilty Pleas
For all felonies, Rights a Defendant Should Be Aware of Before A Guilty Plea required to be submitted at the time of plea. For the form see Forms in the main menu.
If Defendant is going to Department of Corrections, Post Conviction Relief Rights Notice must be submitted at time of plea (or sentencing) in duplicate. One will be given to Defendant to take to the Department of Corrections. One will go in the Court file. For the form see Forms in the main menu.
H. Probation Revocation
Defendant required to submit a signed Defendant's Rights at a Probation Revocation Hearing prior to hearing or admission of violation. For the form, see Forms in the main menu.
If Defendant is going to the Department of Corrections see PCR Rights Notice section under G.
I. Pretrial Conferences
The parties should be personally present for the conference with counsel. A party will not be physically present in the pretrial conference unless ordered by the judge.
If a party is not physically present for the conference, counsel for that party should have made prearrangements to have that party available by phone to discuss and authorize settlement.
If a party is a corporation or the principal is an insurance company, an officer, agent or claims adjuster with sufficient authority to settle the case should be available, personally or by the phone, by prearrangement of that party's counsel to discuss and authorize settlements.
J. Docket Calls
On the first day of a term of court, all of the cases on file in the Circuit Division shall be called to ascertain their status. Those cases which are at issue or in default are subject to being set for trial or other disposition. Those cases subject to dismissal under Local Court Rule 37.1 or otherwise may be dismissed.
Requests for trial settings or other actions in cases to be called should be made, in person, at the docket call; or, in writing, (prior to the docket call) to the judge who has been assigned to the case.
K. Law Days
Court will convene at 9:00 A.M. and it will be necessary to schedule cases with the Clerk, then notice the other party or parties. Motions requiring notice and hearing, matters which do not require more than fifteen (15) minutes of testimony for disposition, cases in default or where all issues have been resolved by the parties, and other proceedings set specifically by the judge may be heard and disposed of on regular law days.
All criminal cases are set for appearance at 9:00 A.M. unless otherwise ordered by the judge.
L. Witness Fees
Make sure your client's witnesses report their attendance and mileage to the Clerk as soon as they are discharged from Court. No witness fees can be taxed to the credit of any witness not claiming fees and reporting this to the Clerk.
M. Juvenile Cases
Contact the County Juvenile Office or the Presiding Judge's Secretary - not the Clerk - to set Adoption or juvenile cases.
N. Child Protection Cases
Contact the County Juvenile Office or the Presiding Judge's Secretary - not the Clerk - to set Child Protection Cases.