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CHAMBER RULES AND
PRACTICE AND PROCEDURE MANUAL OF
THE JUDGES and CHANCELLORS OF
THE DAVIDSON COUNTY
CIRCUIT, CHANCERY AND CRIMINAL COURTS
Nashville, TN
Prepared by:
The Chamber Rules Committee
Nashville Bar Association Young Lawyers Division
and
The Davidson County Circuit, Chancery and Criminal Courts
First Edition
September, 1999
TABLE OF CONTENTS
PREFACE
JUDGE HAMILTON GAYDEN, 1st Circuit Court
JUDGE MARIETTA SHIPLEY, 2nd Circuit Court
JUDGE BARBARA HAYNES, 3rd Circuit Court
JUDGE MURIEL ROBINSON, 4th Circuit Court
JUDGE WALTER KURTZ, 5th Circuit Court
JUDGE THOMAS BROTHERS, 6th Circuit Court
JUDGE FRANK CLEMENT, 7th Circuit Court
JUDGE CAROL SOLOMAN, 8th Circuit Court
JUDGE STEVE DOZIER, Division I Criminal Court
JUDGE RANDALL WYATT, JR., Division II Criminal Court
JUDGE CHERYL BLACKBURN, Division III Criminal Court
CHANCELLOR IRVIN KILCREASE, Chancery Part I
CHANCELLOR CAROL McCOY, Chancery Part II
CHANCELLOR ELLEN HOBBS LYLE, Chancery Part III
SPECIAL MASTER MARY ASHLEY NICHOLS
Appendix 1: Alternative Dispute Resolution
Questionnaire
Appendix 2: Mediation Order
Appendix 3: Guidelines & Forms for 2nd Circuit
Family Cases
Appendix 4: Probate Scheduling Letter
Appendix 5: Probate Revised Pretrial Schedule
Appendix 6: Amendment to Local Rule 39.03
Appendix 7: Sample Probate Petition
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PREFACE
It has been suggested by members of the Nashville Bar that a
manual outlining the practices and procedures of the individual courts
within this judicial district be provided to attorneys to be used in
conjunction with the local rules.
Several points must be made concerning the use of this manual. First,
the manual is not a substitute for a thorough reading and grasp of the
Local Rules of Court and the Tennessee Rules of Civil Procedure. This
manual is to be used in conjunction with the existing body of law; it
does not supersede it.
Secondly, the primary purpose of this manual is to assist all
attorneys, but particularly new attorneys and attorneys who do not
regularly practice in these courts by giving them detailed, practical
information beyond the Local Rules.
Thirdly, this manual is not intended to replace the regular feedback
and communication between the bar and our judges.
Fourthly, this manual is not a final document. It is contemplated and
assumed that input from the bar at large, changes in personnel in
these judicial positions over time, and development of new or amended
practices and procedures to address particular problems or situations,
will require regular updating of this manual.
Recently, a Case Management Consultant was hired to evaluate the case
management practices of the Circuit and Chancery courts. The Judges
and the Bar are reviewing the Consultant?s recommendations, which were
published in the Steelman report, and discussing the possibility of
standardizing many trial court procedures. As a result, changes may
take place in the near future concerning the practices and procedures
of the trial courts. Efforts will be made to update this manual to
accommodate any changes.
Please remember that this manual is, by nature, general and is not
intended to supersede any rule or procedure of any judge in any
particular case; nor should it be cited as authority. The judges
always have the right and duty to handle each case differently than
outlined in this manual, depending on the facts of the case.
We on the Chamber Rules Committee of the Nashville Bar Association/
Young Lawyers Division, the Young Lawyers Division officers and Board
hope that you will find this manual useful. We welcome suggestions
concerning changes or revision in the manual that will make it even
more useful.
Sincerely,
Jeffrey L. Peterson
Nashville Bar Association/ Young Lawyers Division
President
Meera Ballal
Eric Hipp
Co-Chairs
Chamber Rules Committee
1998-1999
September, 1999.
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JUDGE HAMILTON GAYDEN
1st Circuit Court
Room 502
I. Brief Biography
Judge Hamilton Gayden is the First Circuit Judge for Davidson County.
He served as Presiding Judge in l996-l997.
He is an alumnus of New York State and Tennessee Secondary Schools,
and a graduate of Vanderbilt and Vanderbilt Law School. He was in
private practice for eight years. He is a former Metro Attorney and
has been a Judge for 25 years. He is a member of the ADR committee of
the Tennessee Judicial Council. Judge Gayden has obtained
certification as an International Arbitrator and he has also
successfully completed the required 40 hours in civil mediation
certification.
II. Preliminary General Matters
A. Scheduling
In all jury cases, there will be a status conference after the
expiration of approximately four (4) to six (6) months. The conference
will be conducted by Court personnel and/or the Court. At the first
conference, a scheduling order will either be agreed upon or ordered
by the Court. Each case shall be designated as either expedited,
standard or complex. Each scheduling order shall contain either a
trial date or an outside date before which a trial date must be set
and placed upon the central calendar
. A scheduling order may not be amended, including the date provided
for as the outside date to set the case for trial, without leave of
court.
Trial dates for non jury and jury cases can be obtained from the
Assignment Clerk, Holly Russell at 862-5181 or Bobbie Eden or Candy
Rucker at 862-5901.
Judge Gayden hears workers? compensation approvals and minor
settlements each morning at 8:45 a.m. in his chambers Monday through
Thursday. On Fridays he hears those matters in open court after call
of the motion docket.
B. Correspondence with the Court
Judge Gayden prefers that all matters be communicated to the court in
pleadings, notices, memoranda and briefs. Letters sent to the Court
will be filed in the Clerk?s office. An attorney objecting to opposing
counsel?s order should contact Bobbie Eden.
C. Telephone Conference with the Court
Judge Gayden is accessible by telephone to resolve discovery disputes.
He has no objection to conducting status conferences or pre-trial
conferences by telephone when out-of -town counsel is involved.
D. Telephone Conference with Law Clerk
Telephone conferences with Judge Gayden?s law clerks are allowed
concerning administration, but not the merits, of any case.
E. Pro Hac Vice Admission
File a motion and order.
III. Pretrial Matters-Civil Cases
A. Scheduling Orders
All jury cases designated as standard or expedited must have
scheduling orders agreed to by the parties or ordered by the Court.
All modifications to original scheduling orders must be by order of
Court and cannot be by agreement of the parties, unless approved by
Court. B. Continuances and Extensions
See Rules.
C. Pretrial Motions
File a motion pursuant to Local Rule 26. Judge Gayden will allow a
motion to be heard earlier than the minimum notice if all parties
agree.
D. Discovery
1.Discovery period and extension
Judge Gayden expects the parties to meet the case
management/scheduling order deadlines. Any extensions must be by Court
order, and agreement of counsel is not sufficient unless also ordered
by the Court.
2.Resolution of Discovery Disputes
File a motion pursuant to Local Rule 22.08. Judge Gayden refers many
motions regarding discovery to his law clerk. He also resolves
discovery disputes by telephone conference.
3. Confidentiality Agreements/Filings Under Seal
These agreements and discovery matters submitted under seal should be
in envelope with a label marked TO BE FILED UNDER SEAL. The envelope
should be accompanied by a motion to seal.
E. Alternative Dispute Resolution
A questionnaire is attached to all complaints and it is expected that
the parties and attorneys will answer the questionnaire and exchange
their respective answers to the questionnaires and make a good faith
attempt to utilize ADR. The scheduling order should include possible
ADR.
1. Settlement Conferences
After a request for a settlement conference, the file is forwarded to
Megan Gregory, case coordinator to be given to Judge Haynes for her
review. If Judge Haynes feels the case is suitable for a settlement
conference, Megan contacts the parties regarding scheduling a
conference. If Judge Haynes feels the case is not suitable, a letter
is sent to the parties referring to another form of alternative
dispute resolution.
Judge Gayden presides over settlement conferences assigned to his
court or any circuit. If the case does not settle, he would not hear
the trial in the matter unless all parties agreed.
Judge Gayden requires that the parties or their representatives with
full settlement authority attend the conference. He also requires a
settlement statement to be filed with his office and not filed with
the clerk. The statement shall include a summary of the viable
theories of liabilities or defenses, status of settlement
negotiations, strengths and weaknesses of plaintiff's position and
strengths and weaknesses of defendant's position. He begins the
conference in his courtroom meeting with all parties. He then meets
with each side separately, shuffling back and forth. He conducts his
settlement conferences in an informal setting.
2. Mediation
Judge Gayden is a strong advocate of mediation. He has ordered
mandatory mediation in several cases. In November l998, a pilot
program began in his court regarding alternate dispute resolution.
Judge Gayden?s office sent questionnaires to all parties in cases
assigned to his Court asking for their preference of ADR. Out of this
program, many cases agreed to some form of ADR.
Any party may file a motion to require mandatory mediation. The
parties may also agree to Court annexed mediation or non-Court annexed
mediation.
A book of certified mediators is available in First Circuit Court. If
the parties can?t agree on a mediator, file a motion with the Court.
F. Pretrial Briefs
1. Form & Scope in workers compensation cases
As per local rules.
2. Form & Scope in other cases
As per local rules.
IV. Trial Procedures
A. Scheduling
Trial dates for jury and non jury cases can be obtained from the
Assignment Clerk, Holly Russell at 862-5181 or Bobbie Eden or Candy
Rucker at 862-5901.
B. Out-of-Town Parties, Witnesses or Attorneys
The Court will try to accommodate these parties.
C. Motions in Limine
As per local rules.
D. Courtroom Decorum
Lawyers may move about the courtroom as they like. Counsel must ask
for permission before handing documents to witnesses and jurors.
Women may wear pantsuits.
E. Voir Dire
Judge Gayden asks questions to the prospective panel of jurors. At
random, twelve persons are seated in the box and the remaining are
seated on the benches. Judge Gayden randomly selects jurors in several
ways. His clerk randomly calls jurors from a list to be seated in the
box. He will ask all jurors who have not set on a trial to come
forward and sit in the box, or if the trial will be a lengthy one, he
may ask for volunteers. Respective counsel shall ask questions to the
entire prospective panel regardless of where the jurors are seated.
F. Note taking by Jurors
Judge Gayden allows jurors to take notes, but not to take their notes
in to deliberate. He also allows jurors to ask questions; however,
whether the questions will be allowed to be answered is determined
only after consultation with the attorneys or pro se litigants.
G. Opening Statements
1. Length
Judge Gayden has no time limits. 2. Use of exhibits
Ordinarily use of exhibits in opening statements is permissible.
H. Side Bar Conferences
Judge Gayden holds side bar conferences to avoid having the jury leave
the courtroom unless it is a complicated matter that will take
considerable time.
I. Videotaped Testimony
This type of testimony is permitted. Attorneys should reserve a VCR
through Holly Russell in the Clerk's office.
J. Deposition Reading
This is permitted. Counsel may install a paralegal or co- counsel in
the witness box to read the answers in the deposition.
K. Proposed Jury Instructions and Verdict Forms
Proposed Jury instructions are to be filed with the clerk.
Sometimes Judge Gayden uses the verdict form furnished by the
attorneys. Sometimes he draws up his own form.
L. Jury Deliberation
1. Copy of Instructions
The jury is provided a copy of jury instructions.
2. Access to Exhibits
All admitted exhibits subject to No. 3 below, will be sent to the jury
room. 3. Access to Transcript of Testimony or Videotaped Testimony
Usually Judge Gayden will not permit the jury access to such
transcripts or video tapes during its deliberations.
4. Availability of Counsel
Judge Gayden will allow counsel to return to their office if it is
nearby and if they leave their telephone numbers.
5. Polling the Jury
Judge Gayden always asks counsel if they want the jurors polled.
6. Interviewing the Jury
Judge Gayden will allow for the jurors to be interviewed if their jury
service is completed and the juror wishes to speak to the attorney.
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JUDGE MARIETTA SHIPLEY
2nd Circuit Court
Room 501
I. Brief Biography
Judge Marietta Mundinger Shipley was elected judge of the Second
Circuit Court in 1990. Her cases include civil jury trials as well as
one-fourth of the family cases. She graduated from the Nashville
School of Law in 1976, served in the District Attorney's Office and
then in private practice with Dodson, Parker and Behm. She presently
serves on the Supreme Court ADR Commission and is the Chair of the
Judicial Conference ADR Committee. She was on the board of the Academy
of Family Mediators from 1995-99.
II. Preliminary General Matters
A. Scheduling
See Family Guidelines (Appendix III) for family cases.
For civil cases, see Case Management Plan. All scheduling for motions
in civil cases, contact the Second Circuit Court Law Clerk. Civil
Motions are heard the first and third Fridays of each month at 9:00
a.m. with a few exceptions. Barbara Eddings, Second Circuit Court
Clerk, 862-5905, schedules all family law cases.
B. Corresponding with Court
For scheduling or rescheduling conferences or trials, you may call
Barbara Eddings. Judge Shipley prefers that all communication be by
pleadings, memoranda and briefs, unless she directs otherwise in
specific situations, such as follow-ups to a status conference.
C. Telephone Conference with the Court
The court often handles conferences by phone in emergency situations
or to accommodate out of town or out of county attorneys. The judge
will accept no telephone calls from one attorney or from litigants. If
a conference call is necessary, Barbara Eddings will ask one attorney
to begin the conference call and bring in the judge as the last person
on the conference.
D. Telephone Conference with the Law Clerks
The law clerk will discuss scheduling and administrative matters with
attorneys, but not substantive matters.
E. Pro Hac Vice Admission
The Court follows the Rules of Civil Procedure.
F. Motion to Ascertain Status
The Court is happy to have any attorney call or write and inquire as
to the status of a case under advisement, particularly if the opinion
is over 30 days. Second Circuit is a very busy court, particularly
because of the diversity of cases , so Judge Shipley takes few matters
under advisement. You will not be penalized if you ask what the status
is.
III. Pretrial Matters - Civil Cases
A. Scheduling Orders
See Case Management Plan and Family Law Guidelines. Judge Shipley has
status conferences within 4-6 months of filing a civil jury case.
Generally Special Master Marsh Nichols will preside at the scheduling
conference. Judge Shipley will hear the more complicated cases.
B. Continuance and Extensions
See Case Management Plan. The court will only grant a continuance if
the attorneys appear personally or, in an emergency, have a phone
conference. If a case is continued, the parties must plan an ADR event
between the continued date and the new trial date, whether it is a
civil or family case. Continuances are rarely granted, as the court
does so much management of its cases.
C. Pretrial Motions
Civil motions are heard generally the first and third Fridays of each
month at 9 a.m. to 10:30. You may check the dates on the Internet at
www.nashville.org/cir/ or in the clerk's office. Second Circuit
strictly follows Rule 26 concerning the two-week rule, unless you and
your colleague agree to hear a motion earlier than the two weeks for
emergency purposes. If your argument is expected to exceed a total of
one-half hour, you should schedule the motion specially or alert the
court.
If you are citing out of state cases in your briefs, please attach a
copy of the case to your brief. If you file a reply late on Wednesday,
to insure that it has reached the law clerk, please bring a courtesy
copy to Second Circuit Court directly.
On oral argument in civil cases, please remember that Judge Shipley
has read the bulk of your materials and briefs. Please go directly to
your most important issues so that she can ask questions about
particular points, rather than reciting the same material that you
have in your brief.
D. Discovery
1. Discovery Period and Extensions
All discovery is carefully outlined in the Scheduling Order. The dates
set are reasonable and with attorney consent. Unless there is an
unexpected occurrence, the court will not extend deadlines.
2. Discovery Disputes
Judge Shipley expects that almost all disputes can be worked out
between the parties as they have the superior knowledge in the case.
Attorney disrespect of each other will not be tolerated. Discovery
disputes that require court action will generally be concerning
evidentiary matters.
E. Settlement
The court encourages settlement of cases, particularly with the use of
ADR. The Scheduling Order provides a date for an ADR event. Unless
there is a particular reason not to do an ADR event, the court expects
the parties to attempt settlement where possible. Judge Shipley does
settlement conferences approximately two weeks per year, unless
specially scheduled. At the time that a settlement conference is set,
she or Megan Gregory will send you a letter which directs you to
produce certain materials to the court prior to the settlement
conference. She will not try a case in which she has done a settlement
conference.
Judge Shipley expects all parties to be present at the conference,
including the representative of the insurance company, if applicable.
At the beginning of the conference, she will ask all parties to make a
statement of their case. She will then see if there are any factual
disputes, which can be worked out between the parties. If necessary
she will then use break-out sessions with each side in order to learn
more about their view of the case. She particularly encourages parties
and not just attorneys to participate. These sessions are confidential
and no information will be disclosed to the other side, unless they
agree. These sessions will continue either separately or with all
parties back together, until settlement is reached or there is an
impasse. Although Judge Shipley may refer to prior jury case verdicts,
she does not generally give her assessment of the value of the case,
until impasse has been reached.
Requests for settlement conferences other than with Judge Shipley are
sent to Megan Gregory at 880-2554. She and Judge Haynes review the
requests for settlement conferences. All requests that are denied are
sent to Rule 31 Mediation Conferences.
F. Pretrial Briefs
Judge Shipley appreciates receiving briefs in both civil and family
cases, where there are issues that are not routine. This may be
especially helpful in complicated civil cases or more unusual
evidentiary issues. In family cases with complicated assets, it is
helpful to have briefs or summaries of assets presented at the
beginning of the case.
G. Injunctions
The court will hear a Restraining Order ex parte, if the attorney
assures her that he or she does not know if there is an attorney or if
on diligent effort the attorney has been advised of the request but
chose not to appear. If the party or attorney is available the court
will require that the requesting attorney invite the other party or
attorney to an emergency conference. The remainder of the process
follows the Civil Rules. Family case Restraining Orders are addressed
in the next section.
IV. Trial Procedures
A. Scheduling
Please see Family Guidelines for family cases.
Jury cases begin at 9 a.m., except on Thursdays, when court begins at
9:20 to accommodate uncontested divorces. There is a 15 minute break
in the morning and in the afternoon. Lunch is usually at noon, but may
be moved to accommodate witnesses or Judge Shipley's other
obligations. Court usually ends at 4:30 or 5:00 unless there is a
necessity of witness accommodation, due to scheduling conferences.
In most jury cases, Judge Shipley expects that the voir dire is
completed in the morning session. Therefore, please do not have your
subpoenaed witnesses wait all morning, only to be told to return in
the afternoon. This applies especially to police officers in accident
cases.
B. Out-of-town Parties, Witnesses, or Attorneys
Judge Shipley will accommodate out of town parties and witnesses as
much as possible. If it is necessary, they will be taken out of order
or even in the middle of an in-town witness' testimony. If you have
out of town parties, it is best to schedule that case on a Monday, so
that the case will be heard.
In family cases, if you are from out of town, please check with
Barbara Eddings as to whether your case will definitely be heard and
at what time of the day, if we are able to predict that.
C. Motions in Limine
The court appreciates Motions in Limine. As the Local Rules state,
they should be filed five days before trial. In complicated cases, the
court will schedule a special hearing on the Friday of the week
preceding the trial, so that we will not lose trial time.
D. Courtroom Decorum
Judge Shipley expects each attorney to treat the court as all other
attorneys with respect, even in the midst of a heated legal argument.
Each attorney should address the court, rather than each other. Judge
Shipley will listen respectfully to each side, but does not expect the
other party to interrupt the party speaking, until that party has
completed their statement.
In family cases, it is especially important that parties understand
when they are allowed to address the court and when only their
attorneys should address the court. If an informal setting would be
more helpful to resolving the dispute, the attorneys may ask the court
to meet with them and their parties in the jury room.
E. Voir Dire
The court officers will seat 12 persons in the box and 12 persons in
chairs in front of the box. You will consider all 24 persons at one
time. The remaining prospective jurors will be seated behind the rail.
The court will ask each juror to introduce themselves, state the
nature of their employment, if any, whether they have a spouse and
spouse's employment, any accidents or injuries, if a personal injury
case, or other pertinent questions depending on the nature of the
case. Each party's attorney may then ask any questions to all 24
jurors. You are not to go back and ask each juror in turn a question,
except to follow up their initial statements. You will only have one
opportunity to ask questions of all 24 prospective jurors.
Each side has 4 challenges per each party, with a maximum of 8. To
challenge a juror, each party may challenge persons in the box until
all challenges are used or until no party exercises their challenges.
Each person in the box may be challenged at any time. Replacements for
jurors in the box are picked at random from those persons sitting in
front of the box. If more replacements are necessary, the process will
repeat as above from those jurors in the courtroom. Each attorney will
place their challenge sheet at the front of their table. The clerk
will pick up the sheet and exchange it with the sheet of the other
attorney, to allow for either attorney to make a challenge under the
Edmondson/Batson cases. If an attorney elects to make such a
challenge, the attorneys shall approach the bench to request a ruling
from the court, prior to the juror's dismissal.
The court will seat alternates by selecting one of the remaining
jurors. Each side has two challenges to each alternate. In longer
cases, the court will consider the jury to be a jury of 13 and will
select one of the jurors at random not to deliberate at the end of the
trial, if the alternate had not already been used.
F. Note Taking by Jurors
Judge Shipley encourages note taking by jurors, unless the case will
conclude in one day. They may take their notes into the jury room, but
may not read from their notes to fellow jurors.
G. Opening and Closing Statements
1. Length
An opening statement should not exceed 10 minutes. If more time is
necessary, please make a specific request. A closing statement should
not exceed 20 minutes.
2. Use of Exhibits
An attorney may make use of exhibits, if the attorney has shown the
proposed exhibit to the other attorney and there is agreement.
Otherwise make a request of the court to make a ruling.
H. Side Bar Conferences
It is difficult to have a meaningful conference at the bench. The
court will willingly ask the jury to return to the jury room to have a
full discussion of an evidentiary issue. Please try to schedule these
at the breaks, or by Motion in Limine. Judge Shipley does not
appreciate a surprise or that attorneys will not follow what previous
agreements or rulings had been.
I. Videotaped Testimony
Video depositions are usually preferred over reading depositions. The
videos should be edited so that only important information is
presented to the jury. The best way is to designate the parts chosen,
and let the other attorney then designate any other parts.
J. Deposition Reading
See above. It shows lack of respect for the jury and the court for the
attorneys not to look at their depositions and edit them prior to
trial. The court will strongly encourage attorneys to edit depositions
even mid-trial, so that the jury does not fall asleep and miss the
important points. If the deposition is read, please have someone else
read the part of the deponent, even your secretary or the other
attorney, if necessary.
K. Exhibits
If possible, all exhibits should be marked by the law clerk prior to
the trial. The order they are presented is irrelevant. If marked
during the trial, please give the exhibit to the clerk, (not the court
reporter) who will mark it for identification or for admission. If you
plan to give the exhibit to the jury, please have 14 copies in
advance. If you plan to have a lot of exhibits, you might want to have
a jury notebook available.
1. Diagrams
A witness who wishes to use a diagram or drawing, shall prepare same
prior to trial or at recess, prior to testimony. This is particularly
true for police officers or parties.
L. Motions for Judgement as a Matter of Law
At the conclusion of the plaintiff's proof and at the end of the
trial, the court will ask if there are other matters before we take up
the defendant's proof or go to final argument, at which time the court
will excuse the jury, if a motion for directed verdict is to be made.
M. Proposed Jury Instructions and Verdict Forms
In a routine trial, the court will give a proposed draft of jury
instructions and verdict form to the attorneys. If the attorneys wish
to propose other than standard instructions, please have those
instructions to the court as soon after the trial begins as you can.
The jury instructions will be prepared during the trial.
At the conclusion of the trial, the court and the attorneys will
discuss the proposed draft and any other proposed instructions. The
court will endeavor to get agreement on all instructions, unless there
is a clear objection.
The attorneys may state during the final argument that the "court
will charge you...."
N. Proposed Findings of Fact and Conclusions of Law
If you wish to have proposed Findings and Conclusions, it will be
necessary to propose such findings and then have a response from the
other side. The court does not encourage this often time-consuming
endeavor, unless it is a very special case.
O. Offers of Proof
The court will hear offers of proof generally in summary form at a
break, rather than during the trial, after an evidentiary ruling has
been made.
P. Jury Deliberations
Jury deliberations are done either in our jury room or in the
courtroom, depending on the temperature of the jury room.
1. Copy of Instructions
A copy of the written instructions are provided to the jurors.
2. Access to Exhibits
The jury is immediately given all exhibits that have been admitted
into evidence.
3. Access to Transcript of Testimony or Videotaped Testimony
At this point the court does not give depositions to the jurors,
unless all parties agree. However when there are full video
transcripts of the trial available to the court, the court may
reconsider.
4. Availability of Counsel and Court Reporter
If counsel do not remain in the courthouse, they should let the court
know exactly where they will be by telephone. They should not be more
than 10 minutes away.
5. Taking the Verdict and Special Interrogatories
If the jury has a question, Judge Shipley will have the attorneys in
chambers or by telephone in order to fashion a response to the
question.
If the jury is deadlocked, she will bring the jury back into the
courtroom and reread instruction 15.22 and let them continue to
deliberate until the either reach a verdict or come to another
impasse.
The jury foreperson will read the verdict of the jury.
6. Polling the Jury
The court will ask if all on the jury agree. Then the court will ask
all jurors to raise their hands if they agree. If the attorneys wish
each juror to respond, they shall so request of the court.
7. Interviewing the Jury
Attorneys may interview the jury after the trial if this particular
set of jurors has finished with their jury service for the week.
Otherwise, they must wait until the end of the week.
V. Other Comments
Be prepared! Communicate with your fellow attorneys. Sit back and
analyze your case objectively. Use all the court processes such as
scheduling conferences, second conferences, settlement conferences,
and private mediation to fully advocate in the best manner for your
client. There is nothing worse than having a client be totally
surprised by what happens in court. Remember that you and your client
are in control of your fate. It is your choice as to how to best
represent the interests of your client. Remember that only 5% of cases
ever make it into the courtroom. The other 95% of the cases should not
wait to settle on the courthouse steps. That is an unfair process for
your client, if it can be avoided. When the client, be they plaintiff
or defendant, comes to your doorstep, you should plan your case with
resolution, not necessarily trial in mind. How to strategize that
resolution successfully is what good trial advocates do.
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JUDGE BARBARA HAYNES
3rd Circuit Court
Room 510
I. Brief Biography
A native of Davidson County, Judge Barbara Haynes is a graduate of
Isaac Litton High School, earned a B.S. Degree from the University of
Tennessee in 1959 and a J.D. from the Nashville School of Law in 1976.
Judge Haynes has been a Legal Assistant on a Congressional Staff and a
partner in the law firm of Haynes and Haynes. Judge Haynes was elected
to Division I of the General Sessions Court in 1982 and served there
until she was elected to Third Circuit Court in 1990. From 1986 to
1994 Judge Haynes was Chair of the Tennessee Sentencing Commission and
currently serves on the Juvenile Justice Reform Commission. The
Tennessee Supreme Court has recently asked her to sit on the Civil
Rules Committee on behalf of the trial judges.
Judge Haynes is an active member of many business, civic and
professional organizations. She sits on the Board of Directors for
Vanderbilt Children's Hospital and Family and Children's Services. She
is married to Senator Joe M. Haynes, and they have three children and
six grandchildren.
II. Preliminary General Matters
A. Scheduling
All scheduling for Third Circuit Court is done through Laurie Dill,
the Judge?s Judicial Assistant. She will provide attorneys with dates
for settlement conferences, status conferences, personal appointments,
specially set motions and speeches. A trial date is obtained from
Holly Russell in the Clerk?s office.
B. Correspondence with Court
All matters concerning a case before Judge Haynes should be in
writing, either through pleadings, memorandums or briefs. While there
is no need to file a courtesy copy with Third Circuit Court, if the
Judge has taken a matter under advisement and has requested a
particular document, a phone call to the law clerk stating that the
material has been filed is appreciated.
C. Telephone Conference with the Court
While telephone conferences should be used sparingly, the Judge will
accommodate out-of-town lawyers when an economic burden exists.
Contact Laurie Dill for scheduling. Additionally, the Judge is
accessible by telephone to resolve discovery disputes.
While the Judge prefers that attorneys appear for status conferences,
they may be conducted over the telephone. Contact Laurie Dill, who
will be conducting the status conference, at least one day in advance
for scheduling.
D. Telephone Conference with the Law Clerks
Telephone conferences with the law clerk are permitted concerning the
administration but not the merits of a case. If a case is taken under
advisement, the law clerk will notify the attorneys of the Judge?s
decision by telephone unless the Judge is drafting an opinion.
E. Pro Hac Vice Admissions
The Judge will hear upon request.
F. Motion to Ascertain Status
If the Judge has had a motion under advisement for more than four
weeks, she requests that the attorneys either file a motion to
ascertain the status of the case or call the law clerk and request
status orally. Third Circuit Court is dedicated to moving cases
quickly along and appreciates the help of the Bar in doing so.
III. Pretrial Matters
A. Scheduling Orders
Every file assigned to Third Circuit is read immediately and set for a
status conference by the Court six months from the date that it is
filed. All parties involved or their attorney will receive a notice of
the status conference and an order in the mail.
Status conferences are conducted by Laurie Dill, the Judicial
Assistant, Monday through Thursday at either 8:00 or 8:20 in the Third
Circuit Court jury room. The Court will provide the attorneys with a
blank Agreed Scheduling Order that provides spaces to set dates for
discovery deadlines, settlement conferences and trial.
Attorneys who are present or available by phone set the dates.
Those that are not present are sent a copy of the order but must file
a motion to amend the scheduling order if a date, set by the attorneys
present, is not convenient for them.
If, for some reason, the case is not ripe for a status conference, ie:
the Plaintiff has not reached maximum medical recovery or the
Defendant has not been served, the attorney should call Ms. Dill and
ask that the status conference be rescheduled. She will give you a new
date and send out a notice resetting the status conference.
B. Continuances and Extensions
Every continuance is considered on a case by case basis. There are no
automatic continuances or extensions. A motion to continue should be
filed with an affidavit by the attorney stating the specific reasons
for the request of a continuance.
Judge Haynes prefers that continuances be heard on regular Friday
motion dockets. However, if this is not possible, due to a pending
trial date, the Judge will specially hear the motion. Obtain a date
from Laurie Dill.
C. Pretrial Motions
1. Oral Argument
Oral argument is generally allowed on all motions. However, if
attorneys wish to waive oral argument by agreement and submit the
motion on the briefs, they may.
If an attorney is orally arguing a motion on the Friday motion docket,
he or she should state their name, the style of the case and the
number as they appear on that day?s docket in order for the Judge and
her staff to quickly find the material on the subject case.
Judge Haynes reads all materials submitted by both parties prior to
hearing. As a result, she is familiar with the facts of the case and
does not need a recitation of the facts. However, she may ask
questions concerning the facts that appeared ambiguous in the briefs.
2. Briefs / Memoranda of Law
The Judge appreciates Briefs and Memoranda that concisely state the
facts and the law with updated citations. Please attach all Federal
cases cited in Briefs and Memoranda.
On motions for summary judgment, Judge Haynes requires strict
compliance with Rule 56.
3. Chamber Copies of Filings
Unless specially requested, please file all copies with the clerk. If
the materials that you are filing need immediate attention, please
report this to the clerk, and he or she will walk the filed material
to chambers.
4. Proposed Orders
Generally, there is no need to submit a proposed order along with a
motion. Once the Judge hears the motion, she will generally ask the
prevailing party to submit an order.
D. Discovery
1. Discovery Period and Extensions
Discovery deadlines are outlined in the Agreed Scheduling Order
generally filed six months after the filing of the case. Extensions
are granted only for good cause.
2. Resolution of Discovery Disputes
Discovery disputes are reviewed on a case by case basis. Judge Haynes
expects a good faith effort by counsel to resolve the dispute without
the Court?s intervention.
3. Confidentiality Agreements
Confidentiality agreements are considered based on a balance between
the public?s right to have access to public records and the need for
confidentiality in a particular case. Confidentiality agreements are
generally allowed if the agreement will facilitate settlement.
4. Expert Witnesses
The Court will consider pretrial motions in limine on the expert?s
qualifications. See Daubert v. Merrell Dow Pharmaceuticals, Inc., 113
S. Ct. 2786 (1993); Kumbo Tire Company, LTD v. Carmichael, 119 S.Ct.
1167 (1999). Be prepared to discuss both of the above mentioned cases
in depth.
E. Settlement Proceedings in Third Circuit Court
1. Setting up a Settlement Conference
Davidson County is in the process of refining a system to ensure that
adequate time each month is available to schedule settlement
conferences. Third Circuit Court will schedule all settlement
conferences for civil cases.
To schedule a settlement conference for a case that has been assigned
to Third Circuit, contact Laurie Dill, the Third Circuit scheduler, at
862-5907, and she will provide available settlement conference dates.
The attorney who initially requests the settlement conference serves
as the liaison between Third Circuit Court and the parties and
attorneys involved in the case.
To schedule a settlement conference for a case that has been assigned
to any other Circuit Court, contact Megan Gregory, the ADR Case
Coordinator, at 880-2554. Ms. Gregory presents the requests to Judge
Haynes every Monday, who then assigns them to the Circuit Courts for a
settlement conference.
The Circuit Court that is assigned the case for settlement will notify
the attorneys of the materials that the Court needs prior to the date
of the settlement conference in order to better prepare for the
conference. All materials submitted by attorneys are kept confidential
and are to be delivered directly to Chambers one week prior to the
date of the settlement conference.
In the event that a case does not settle, the Judge will not try the
case unless both parties and their attorneys agree that she hear it.
Upon an attorney?s request, an order of recusal will be entered. See
Davidson County Local Rule 23.
2. Settlement Conference Materials
Settlement Conference Materials are materials submitted by attorneys
that are not included in the file/record that enable the presiding
Judge to become better acquainted with the case for settlement
purposes.
Detailed materials increase the effectiveness and the successfulness
of the settlement conference.
For example: (1) Material organized in a notebook with tabs is easy to
read and understand and affords the attorney an opportunity to present
his or her client's case succinctly. (2) Other materials that are
helpful to Judges may include excerpts of depositions, itemized
medicals, photos, persuasive case law and amount of subrogation liens.
Materials submitted are confidential. They should be hand delivered
directly to the Judge?s Chambers. Materials SHOULD NOT be filed with
the Clerk's office.
3. Settlement Conference Procedure
All parties and attorneys congregate in the courtroom prior to the
settlement conference. At the beginning of the settlement conference,
either a member of the Judge?s staff or the Judge will provide an
introduction and format for the settlement conference procedure for
the day. This introduction takes place in the courtroom.
It is imperative that the Plaintiff(s) be present for an effective
conference to be conducted. It is also imperative that the person or
the representative of the entity controlling the money for the
Defendant(s) be present.
If either the Plaintiff(s) or the individual with settlement authority
for the Defendant can not be present, their attorney should notify the
Court prior to the settlement conference. Judge Haynes may refuse to
hold a settlement conference at all if the above mentioned parties are
not present. However, exceptions may be granted when a party, due to
their health or for geographical reasons, can only be available by
phone.
Once the introduction is completed, the Judge meets with the
Plaintiff?s attorney(s) and then with the Defendant?s attorney(s) in
Chambers, where the procedure becomes more informal. The Judge may
chose to speak with the attorney(s) concerning the following topics:
1. Pros and Cons of the case based on the materials submitted to the
Court - trial strategy
2. Controlling case law and the possible ruling of potential legal
issues (ie: surviving Motion for Summary Judgement)
3. Value of the case (in light of issues such as medicals, liens,
subrogation interests, and recent jury verdicts in Davidson County)
After speaking with the attorneys, the Judge may request to meet with
the parties in the presence of their attorneys. This is an important
step in the process, especially when a client has unreasonable
expectations. This also gives the Plaintiff or Defendant an
opportunity to be heard by the Court and for the Judge to explain the
realities of their case when taken in context with the verdicts
rendered by recent juries in Davidson County.
Often, the parties and their counsel are rotated in and out of
Chambers until either the case settles or the parties and attorneys
reach an impasse.
All discussions are confidential unless an attorney or party gives the
Judge permission to share information with the opposing party or
counsel to facilitate settlement.
A telephone and fax machine are available for use during the
settlement conference as well as a bottomless pot of coffee in the
jury room.
If a settlement is reached, an Order of Compromise and Settlement will
be drafted by the Court and signed at the conclusion of the
conference. This order does not state the settlement amount or
particulars of the agreement but only states that the case has been
settled. All parties will receive a copy of the order at the
conclusion of the conference, and the original will be filed in the
Clerk?s office.
4. Evaluation
At the conclusion of the settlement conference, the Court requests
that all attorneys, insurance adjusters, and risk managers complete an
evaluation form that is provided by the Court.
All responses are anonymous and can be submitted via mail or hand
delivery at any time following the settlement conference.
Third Circuit is dedicated to improving the settlement process.
Judges and attorneys have found that time and money can be saved, in
attorney and witness fees, in discovery and trial preparation, and in
court time and juror fees.
F. Pretrial Briefs
Attorneys should always submit pretrial briefs in non-jury cases and
as needed in jury cases.
G. Injunctions
A motion for injunctive relief should be well prepared and state the
reasons for the injunction and the law.
IV. Trial Procedure
A. Scheduling
Court will begin at 9:00 a.m. unless otherwise specified by the Judge.
Jurors are asked to arrive at 8:30 when a breakfast is provided for
them. Generally, a trial will continue as long into the afternoon or
evening as the jury?s and attorneys? schedules will allow, taking into
consideration such issues as child care and elderly care. There is no
set time for lunch, which may be either 30 minutes or an hour,
depending on the time schedules of the attorneys, jury and Judge. Once
a jury begins to deliberate they may stay as long as they wish, and
the Court, generally, will accommodate.
B. Out-of-Town Parties, Witnesses, or Attorneys
Judge Haynes will attempt to accommodate out-of-town parties,
witnesses and attorneys. Upon request, she may allow witnesses to be
heard out of order.
C. Motions in Limine
Judge Haynes prefers the use of motions in limine as opposed to
addressing anticipated conflicts during trial. As a result, trials run
more smoothly and efficiently, and jurors are not left waiting in a
cramped jury room for disputes to be resolved.
D. Courtroom Decorum
Counsel should begin proceedings behind the podium but may ask for
permission to approach the witness, jury or Judge. An attorney should
never directly hand an exhibit to the Judge or a witness. Instead,
wait for the court officer to come forward and pass the exhibit.
E. Voir Dire
After the prospective jurors are randomly seated, with twelve starting
in the box, Judge Haynes begins voir dire by introducing the attorneys
and litigants and asking the prospective jurors if they know them and
if so, in what capacity. She then asks them the following preliminary
questions: (1) Have you ever sat as a juror? (2) If so, was it civil
or criminal? (3) Do you understand the difference in the burdens of
proof between civil and criminal cases? (4) Was serving as a juror a
pleasant experience? (5) Do you have a valid Tennessee Drivers licence?
(6) Do any of you have pending litigation, including workers
compensation? After these preliminary questions, the Judge asks each
prospective juror to stand, state their name, their profession, their
spouse?s name and their spouse?s profession.
After the jurors have given this short history, the plaintiff?s
attorney and then the defendant?s attorney may ask questions. This is
not an opportunity to make an opening statement, and the Judge invites
effective questions that will not bore the jury.
It is important for counsel to understand the effect of the Supreme
Court decisions concerning strikes based on race in Edmonson v.
Leesville Concrete Co., 500 U.S. 614 (1991) and Batson v. Kentucky,
476 U.S. 79 (1986).
Attorneys strike from the jury box. The Judge allows attorneys to back
strike.
F. Note Taking by Jurors
Judge Haynes permits jurors to take notes in every case but does not
provide notebooks until a juror requests to take notes. If a juror
takes notes, while charging the jury, Judge Haynes gives TPI 1.03
concerning the use of juror notes.
G. Opening and Closing Statements
1. Length
Judge Haynes does not require that opening or closing be a specific
length, but given the type of case and the proof submitted, often
requests / suggests a time frame. Occasionally, she will impose limits
on closing, and feels that after twenty minutes, regardless of the
type of case, the attorneys lose their audience.
2. Use of Exhibits
The use of exhibits is allowed as long as both parties agree to their
use and there are no apparent evidentiary problems. Once an exhibit is
used, then it may be used freely by either party.
H. Side Bar Conferences
Judge Haynes holds side bar conferences to avoid having the jury leave
the courtroom, unless it is a complicated matter that would take
considerable time. However, a ?jury out? hearing is always conducted
before a motion for directed verdict is made.
I. Videotaped Testimony
Videotaped testimony is permitted. Third Circuit has a television and
VCR that is available at all times. Therefore, there is no reason to
reserve one with the Clerk?s office (but you must reserve an overhead
projector, usually, several days in advance, with Holly Russell) .
However, attorneys should become familiar with the equipment before
the trial begins and provide an edited tape that can be shown to the
jury.
J. Deposition Reading
Prior to trial, attorneys should agree in advance as to what portion
of the deposition should be redacted. If this is not agreed upon prior
to trial, the Judge will send the attorneys into a room to determine
portions to be read. If an impasse is reached on a certain provision,
only then will the Judge make a ruling.
If possible, it is better to place another attorney in the witness
stand to read the answers to the attorney?s questions. It makes the
testimony more interesting to the jury, and they tend to pay closer
attention.
K. Exhibits
There should be two copies of every exhibit; one for the Court, and
one for the jury. A court officer will mark all exhibits at trial.
Therefore, there is no need for pre-marking.
L. Motions for Directed Verdict
Attorneys should always request a jury out before making this motion.
M. Proposed Jury Instructions and Verdict Forms
The Judge encourages attorneys to submit jury instructions and verdict
forms prior to trial. She will take these proposals under
consideration, then she will prepare the jury instructions. She will
hold a charge conference after the proof and objections may be made at
that time.
N. Proposed Findings of Fact and Conclusions of Law
If requested, the Judge will usually ask opposing parties to file
briefs.
O. Offers of Proof
These are to be filed as needed and when requested.
P. Jury Deliberation
1. Copy of Instructions
After the Judge charges the jury, they are taken into the jury room,
and each juror is provided with their own copy of the charge.
2. Access to Exhibits
The jurors are not given the exhibits unless they request them. Before
passing the exhibits to the jury, a court officer will meet with the
attorneys and go over each exhibit to ensure that an exhibit does not
get to the jury that they are not allowed to review.
3. Access to Transcript of Testimony or Videotaped Testimony
This is allowed only upon proper motion.
4. Availability of Counsel
During jury deliberations, counsel need not remain in the Courtroom.
However, they should be available on short notice and let the Court
know exactly where they can be reached, if they leave either the Fifth
floor or the Courthouse.
5. Taking the Verdict and Special Interrogatories
Special interrogatories are submitted by the jury in writing. The
Judge will read the question, then in writing, cite a provision of the
jury charge in most circumstances. If the question can not be answered
in this manner, she often calls the attorneys into chambers, reads the
interrogatory and asks for comments.
The Judge asks the foreperson to read the verdict.
6. Polling the Jury
After the foreperson reads the verdict, the Judge asks the attorneys
if they would like to poll the jury.
7. Interviewing the Jury
Attorneys may interview the jurors after the verdict is read but only
with their permission.
V. Other Comments
Trial tips that will make you a star in Third Circuit Court:
1. Cite all cases correctly. Be prepared to discuss the most recent
cases on the issue. If a Judge asks you about a case that you are not
familiar with, it is best to admit that you have not read the case,
but would be happy to submit a supplemental brief on that issue prior
to the arguing of the motion.
2. Furnish copies to the Court of unreported Tennessee decisions or
cases from another state or federal jurisdiction. Bring copies of all
cases you plan to use for oral argument to court to provide to the
Judge, if requested, during the motion.
3. Scan TAM and slip opinions for the latest cases.
4. Be prepared. Practice your argument. Organize your argument.
5. Be on time. Court opens at 9:00 a.m. sharp. If you are going to be
late because you have a motion in another court, please notify the
court in which you will be late by 8:00 a.m. on the day the motion is
to be heard. Notify the deputy clerk as to where you can be located
and an approximate time that you will be present.
6. After the Court Officer opens Court, the Judge will call for
announcements. If your case is on the non-response docket or is a
matter that will not take much of the Court?s time, use this time to
take care of the your matter before the Court.
7. Before beginning argument of your motion, address the Court, state
your name, and state the number that your motion appears on that day?s
docket. (Friday dockets posted on bulletin boards on Tuesday.)
8. The Bench is gender neutral. Address the Bench as "Your
Honor", not "Ma'am" or "Sir".
9. File motions and responses timely. See Davidson County Local Rule
26.03. See Appendix. Send courtesy copy of any Reply filed late
Thursday afternoon or Friday morning to Chambers to ensure that the
Judge has an adequate time to review the Reply.
10. If you plan to rely on exhibits and cases from other
jurisdictions, make a table of contents and tab your exhibits.
The Court would appreciate any suggestions or changes from the Bar
that would improve our system of justice.
Top
JUDGE MURIEL ROBINSON
4th Circuit Court
Room 409
I. BRIEF BIOGRAPHY
Judge Muriel Robinson is Judge of the Fourth Circuit Court in the 20th
Judicial District serving Davidson County, Tennessee. She was first
elected in 1982 and is the first woman to be elected by popular vote
to a court of record in Davidson County. She received her Bachelor of
Laws degree from the Nashville School of Law in 1968 and her Doctor of
Jurisprudence in 1971 from the same school. Before her election, she
engaged in the general practice of law for 14 years in the law office
of Jack Norman, Sr. Much of her practice related to different areas of
domestic relations law. Judge Robinson was the first woman to serve as
Presiding Judge of the 13 Trial Courts of Davidson County. In addition
to her duties on the bench, she is a faculty member at the Nashville
School of Law and is a licensed funeral director and co-owner of
Phillips-Robinson Company Funeral Home.
II. PRELIMINARY GENERAL MATTERS
A. Scheduling
Refer to section IV for procedures regarding scheduling of cases.
B. Correspondence with Court
Judge Robinson prefers that all matters be communicated to the Court
in pleadings, notices, memoranda, or in open court. Letters from
parties will be returned to sender or filed with the Circuit Clerk if
appropriate.
C. Telephone Conference with Court
Judge Robinson generally does not hold telephone conferences
concerning pending litigation. She prefers all communication occur in
open court.
D. Telephone Conference with Clerks
Telephone conferences are allowed concerning administration and
procedure, but not the merits of any litigation.
III. PRETRIAL MATTERS
A. Scheduling Orders
Judge Robinson does not require scheduling orders, but rather, expects
attorneys to prepare their lawsuits and bring them to a conclusion in
a timely and efficient manner. She will set the case if the same has
been pending for an unreasonable length of time and will notify the
attorneys of record.
B. Continuances and Extensions
1. General Policy
The general policy of the court is that trials shall not be continued
without the permission of the court.
2. Requests
All requests for the continuation of a trial shall be made to Judge
Robinson in open court.
C. Pretrial Motions
1. Scheduling
Motions are heard each Friday at 10:00 a.m. In order to be heard, the
motion must be filed with the Circuit Court Clerk by 4:30 p.m. on the
Friday preceding the hearing date.
2. Oral Argument
Oral argument is not required in support of or in opposition to all
motions. Briefs, responses, and affidavits may be filed. However,
attorneys are required to appear before the court to offer evidence by
witnesses or exhibits.
3. Orders
Generally, Judge Robinson requires attorneys to submit orders setting
forth her rulings. All orders shall be filed with the Circuit Court
Clerk within 48 hours.
D. Discovery
1. Discovery Period
Discovery shall proceed in accordance with the Tennessee Rules of
Civil Procedure and the Local Rules.
2. Resolution of Discovery Disputes
Discovery disputes shall be resolved by filing the appropriate motion
which will be heard during the court?s regular motion docket.
3. Confidential Documents
All confidential documents shall be filed under seal with the Circuit
Court Clerk and shall remain under seal until such time as Judge
Robinson decides to unseal the documents.
4. Expert Witness
The use of expert witnesses shall be left to the discretion of
attorneys. The court requires counsel to follow the appropriate rules
of civil procedure.
E. Settlement Conferences
Judge Robinson does not usually hold settlement conferences.
F. Pretrial Briefs
Judge Robinson does not require pretrial briefs.
G. Temporary Restraining Orders
Temporary restraining orders remain in effect until further orders of
the court. TRO?s concerning pending litigation may be requested
through petitions or when accompanied by an affidavit.
IV. TRIAL PROCEDURE
A. Scheduling
1. Contested Cases
Trials are held Monday through Wednesday from 9:00 a.m. to 4:30 p.m.
Trial dates may be set through the Judge?s secretary only after the
filing of a Certificate of Readiness for Trial.
2. Uncontested Cases
Uncontested trials are held every day except Thursday at 9:00 a.m.
Trial dates may be set by any of Judge Robinson?s clerks. An order to
set for trial must be filed with the Circuit Court Clerk no later than
7 days prior to the hearing date.
3. Default Cases
Default divorces are heard Monday through Wednesday at 9:00 a.m. Judge
Robinson requires the testimony of the plaintiff and two corroborating
witnesses. An order to set for trial must be filed with the Circuit
Court Clerk no later than 10 days prior to the hearing date.
4. Show Causes and Contempts
The court hears these matters on Thursdays at 9:00 a.m. Cases
involving Child Support Services are held at 1:00 p.m. on the 20th
floor of Parkway Towers. Trial dates are set by the Circuit Court
Clerk.
5. Uncontested Adoptions
Judge Robinson hears uncontested adoption cases at 9:00 a.m. on the
first Monday of every month. Dates for hearings are set through the
Circuit Court Clerk.
B. Out-of-Town Parties
Judge Robinson does allow out-of-town parties to testify by
interrogatories in uncontested matters if cleared by the court upon
motion. In all contested matters, parties are required to appear
before the court.
C. Motions in Limine
Motions in limine are left to the judgment and discretion of the
attorneys.
D. Courtroom Decorum
Judge Robinson expects attorneys to be appropriately attired and to
conduct themselves with proper respect. Women attorneys may appear in
professional pantsuits. Attorneys may move about the courtroom as they
like during examination of witnesses. Judge Robinson does not allow
litigants to wear shorts, tank-tops, cut-up shirts, or sunglasses.
Also, no chewing gum, food, or drinks are allowed in the courtroom.
Attorneys are responsible for making their clients aware of these
regulations.
E. Opening Statements
Judge Robinson has no set time limits. However, she does prefer
opening statements be concise, give a brief history of the case, and
set out the relief requested by the parties.
F. Exhibits
Exhibits are to be handed to the court officer who will then pass them
to the witness. They will be marked by the court reporter.
G. Proposed Property and Debt Division
Judge Robinson requires proposals of property and debt divisions.
H. Court Reporters
Judge Robinson requires court reporters in all contested trials.
Top
JUDGE WALTER C. KURTZ
5th Circuit Court
Room 509
I. Biography
Judge Walter C. Kurtz received his B.A. from The Citadel in 1965. He
served in the United States Army from 1966-1969 including a tour in
Vietnam with an armored cavalry squadron. After his Army service he
attended Vanderbilt Law School, graduating with a J.D. in 1972. Judge
Kurtz then served as Director of Legal Services of Nashville from
1973-1976 and as the elected Metropolitan Public Defender from
1978-1982. He has taught law at both Vanderbilt Law School and The
University of Tennessee Law School.
Judge Kurtz has served continuously as a Circuit Judge since his
election in 1982 and was Presiding Judge 1987-1989. During his tenure
as judge, he has presided over both civil and criminal cases including
seven death penalty cases. Presently, he hears both civil and criminal
cases. By November of 1999, Judge Kurtz will return to presiding over
civil matters predominately.
Judge Kurtz is married to Ellen Hobbs Lyle and has three children
(Douglas, Ryan and Elizabeth), one step daughter (Amaryllis Lyle) and
four grandchildren (Sofia, Emma, Harrison and Evan).
II. Preliminary General Matters
A. Scheduling
Trial dates for all jury and non-jury trials should be obtained from
the Assignment Clerk, Holly Russell at (615) 862-5181. All other
scheduling should be done with the Judge Kurtz's Judicial Assistant,
Kelli Olin at (615) 862-5915.
Judge Kurtz requires minor settlements and workers' compensation
settlements to be scheduled. These are usually held at 8:30 AM, Monday
through Thursday.
B. Correspondence with the Court
Judge Kurtz prefers that all matters be communicated to the Court in
pleadings, notices, memoranda and briefs. Letters sent to the Court
will be placed in the case file.
C. Telephone Conference with the Court
Judge Kurtz will conduct status conferences or pre-trial conferences
by telephone when the involvement of out-of-town counsel is required
and the physical presence of counsel is not necessary.
D. Pro Hac Vice Admission
Judge Kurtz is vigilant in requiring out-of-state counsel to comply
with the requirements of Supreme Court Rule 19 prior to participating
in a case.
III. Pretrial Matters
A. Pretrial Motions
Motions should be scheduled pursuant to Local Rule ?26.03.
Judge Kurtz will allow a motion to be heard earlier than the minimum
notice if all parties agree. However, a waiver of Local Rule ?26.01
(i.e. scheduling a dispositive motion within thirty (30) days of a
trial date) will require permission from the Court.
In order to schedule a motion on an expedited basis without the
agreement of all parties, a party must file a motion for an expedited
hearing, along with the underlying motion. An order granting the
motion for an expedited hearing shall be filed as well. The motion for
an expedited hearing should fully explain why Local Rule ?26.03(a) or
(b) should be waived. If Judge Kurtz grants the motion for an
expedited hearing, he will schedule a hearing on the underlying motion
and counsel will be notified.
Oral argument of a motion may be waived if the parties wish to submit
the motion on briefs.
Parties are not required to appear on Friday mornings if no response
to their motion has been timely filed. Simply submit an order granting
the motion to the Court.
Late responses are not considered by the Court. If the parties agree
to allow a non-movant to respond to a motion late, the Court will
consider the late response so long as the Court has been notified of
the agreement in advance.
Judge Kurtz does not call the no response docket, nor motions for
summary judgment when no response has been filed. However, prior to
calling the response docket Judge Kurtz will address questions and
comments about the no response docket.
B. Settlement Conferences/ADR
To schedule a settlement conference for a case that has been assigned
to Fifth Circuit, contact Megan Gregory, the case coordinator, at
880-2554. Judge Kurtz participates as a settlement conference judge in
the rotation order established by the trial judges. Megan Gregory will
notify the attorneys by letter of materials that the Court needs prior
to the conference. All materials submitted for the settlement
conference are confidential and should be delivered directly to
Chambers. DO NOT file settlement conference materials with the Clerk's
office. It is imperative that all parties attend the conference and
have authority to settle the case.
IV. Trial Procedure
A. Courtroom Decorum
Please use the podium.
Do not bring gum, food or drink (other than water) in the courtroom.
B. Voir Dire
Counsel should keep in mind that voir dire is not an opening
statement. Fact specific questions are discouraged.
Please address your questions only to the jurors seated in the jury
box.
Please do not ask potential jurors the verdict rendered in other cases
on which they have served.
Once you have addressed the first group in the box, only address the
newly seated jurors who replace the excused jurors.
You may use your challenges against any juror until your challenges
are exhausted.
Please do not use voir dire as an opening statement.
C. Note Taking By Jurors
Jurors are welcome to take notes during trials. Pen and paper are
provided by the Court when needed.
D. Opening Statement
Counsel should keep in mind that an opening statement is not a time
for argument, but rather a presentation of anticipated facts. An
opening statement should not exceed ten (10) minutes. If more time is
necessary, please make a specific request.
E. Examination of Witness
If you plan to introduce evidence or cross examine about evidence
admissible under T.R.E. 404(b), 405(a), 608(b) or 609, please obtain
permission from the judge beforehand, out of the presence of the jury.
F. Exhibits
A witness who wishes to use a diagram or drawing shall prepare the
diagram or drawing prior to trial or at a recess or break prior to the
testimony.
Counsel admitting documentary evidence which he or she wants the jury
to read in court shall provide a sufficient number of copies to enable
each juror in court to have his or her own copy plus one copy for the
Court.
G. Closing Statement
Judge Kurtz will set a time limit for closing argument based upon the
length and complexity of the case. This limit will be decided at the
time when jury instructions are discussed.
H. Jury Instructions and Verdict Forms
If counsel wishes to submit them, proposed jury instructions and a
verdict form should be given to Judge Kurtz's law clerk as soon as
practicable during a trial.
In complex cases, a charge conference will be held in chambers to
discuss the instructions and verdict form. Such conferences are held
off the record, however counsel will be given an opportunity to make
objections on the record.
In simple civil cases, a single printed copy of the jury instructions
is given to the jury as they begin deliberations. In complex cases and
in all criminal cases, a printed copy of the instructions is provided
for each juror to follow along as Judge Kurtz reads them. Each juror
is then allowed to bring their copy of the instructions back to the
jury room.
I. Jury Deliberation and Verdict
All counsel shall inform the court officers of where they will be and
how they can be contacted throughout the jury deliberations. All
appropriate exhibits are given to the jury as they begin their
deliberations.
All questions from and requests by the jury are submitted in writing
to Judge Kurtz. Judge Kurtz will meet with counsel before making any
replies.
Transcripts of audio and video testimony are not given to the jurors
with other exhibits. If the jurors request to see a transcript or
rehear such testimony, Judge Kurtz will take up the request with
counsel.
After the verdict has been announced by the foreperson, the jury will
be polled at the request of counsel.
After the jury has announced its verdict and court has recessed, Judge
Kurtz speaks with the jurors and answers their questions to the extent
that is appropriate.
V. Other Comments
If counsel or a party expects that they will be late to court, please
notify the Court as soon as possible. If a civil motion is called on a
Friday morning and the movant is not present without having notified
the Court, the motion will be stricken. If a non-movant is not present
without having notifying the Court, the motion will be granted.
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JUDGE THOMAS BROTHERS
6th Circuit Court
Room 404
I. Brief Biography
Thomas White Brothers was appointed to a term on the Tennessee Circuit
Court beginning in February 1989 and was elected in 1990 to continue
in the Twentieth Judicial District, and reelected in 1998.
His parents were Mack and Susan White Brothers. He is married to Lura
Bainbridge.
He attended Parmer Elementary School and Montgomery Bell Academy. He
received a Bachelor of Arts Degree with Honors in 1973 from the
University of Tennessee at Knoxville. He received his J.D. from
Vanderbilt University School of Law and was admitted to the Tennessee
Bar in 1977. He served as Chief Warrant Officer for the Davidson
County Sheriff's Department immediately after graduation from law
school. Judge Brothers practiced law in Nashville as a solo
practitioner (1978-89) in the law offices of Jack Norman.
Judge Brothers was Presiding Judge for the 20th Judicial District for
two terms (1991-93), and has been assignment judge from 1990 to
present. He is a member of the Tennessee, Nashville and American Bar
Associations and L.A.W. He is a member of the ABA Judicial Division's
Technology Committee. He is a member of the Board of Directors of the
Nashville Bar Association (NBA), and has served as chairman of the
Minorities Opportunities Committee of the NBA. He is an emeritus
Master of the Bench of the Harry Phillips American Inn of Court.
As a member of the Tennessee Judicial Conference, he serves as
Chairman of the Technology for the Courts Committee. He is also a
member of the Pattern Jury Instructions Committee and the Delay
Reduction Committee. He is a past Secretary for the Conference.
He is the Chair for the Justice Information System (JIS) of the
Metropolitan Government of Nashville, as well the Circuit Court
Representative on the Policy and Operations Committee of JIS. He is a
member of the Advisory Commission on Technology reporting to the
Tennessee Supreme Court.
II. Preliminary General Matters
A. Scheduling
All scheduling is handled by Judge Brothers' deputy clerk, Lori
Stratton, at 862-5917.
B. Correspondence with the Court
Judge Brothers prefers that all matters be communicated to the court
in pleadings, notices, memoranda, and briefs. If letters are
absolutely necessary, the parties should file them in the Clerk's
Office and they must indicate that all parties have received copies.
C. Telephone Conferences with the Court
In extraordinary situations, motions to continue and disputes that
arise during the course of depositions may be handled by telephone
conference.
D. Telephone Conferences with Law Clerk
Allowed for administration, not for legal advice.
E. Pro Hac Vice Admission
Pro Hac Vice Admission permitted by Motion.
III. Pretrial Matters
A. Scheduling Orders
Parties are encouraged to enter Scheduling Orders when setting cases
for trial, if not already done.
B. Continuances and Extensions
Extensions of scheduling order deadlines are generally granted if
requested before the deadline has passed and there is no unfair
prejudice to the opponent.
Trial continuances are granted only upon a showing of just cause
supported by affidavit. Parties may not agree to continue without
Court permission.
C. Pretrial Motions
1. Motions is Limine
If numerous, contact the court about setting up a hearing to have them
heard before the morning of trial. This will allow for prompt jury
selection on the morning of trial.
2. Reply briefs
Allowed
3. Late Filings
Sometimes accepted, never encouraged
D. Discovery
1. Discovery Period and Extensions
SEE III(B) above. Discovery should commence as soon as the case is at
issue.
2. Interrogatory Responses
Clear questions warrant clear answers.
3. Resolution of Discovery Disputes
Parties must submit a statement that the parties have attempted in
good faith to resolve the dispute, in accordance with Local Rule
22.08, before the Court will hear any discovery dispute. Genuine
effort to resolve any dispute is required.
4. Depositions
Should be set by agreement. Notice should then be sent to confirm.
IV. Trial Procedure
A. Scheduling
Central Assignment System unless otherwise exempted.
B. Out-of-Town Parties, Witnesses or Attorneys
Out-of-Town witnesses can be heard out of order with permission of
Court.
C. Motions in Limine
Only on Evidentiary matters
D. Courtroom Decorum
Attorneys must stand when speaking. Attorneys must ask permission
before approaching a witness for any purpose. Attorneys are not
required to stand at the podium.
E. Voir dire
Challenges for cause must be made orally before peremptory slips are
submitted. A juror will be subject to questioning only during the
round of voir dire in which they are seated. Any side may back strike.
F. Note Taking by Jurors
Encouraged. Not allowed during opening or closing. Juror questions are
allowed.
G. Exhibits
The use of technology is encouraged. The Court normally marks
exhibits, unless there are more than twenty. They are numbered
consecutively.
H. Side Bar Conferences
True sidebars are done, in lowered tones, but are not encouraged. The
Court prefers jury out hearings.
I. Deposition Reading
The entire deposition does not have to be read. When reading a
deposition, cite page and line number.
J. Exhibits / Handouts for Jurors
The use of technology encouraged. Providing copies of documents for
jurors is encouraged. All exhibits/ documents should be Bates
numbered.
K. Proposed Jury Instructions and Verdict Forms
Submit on first day of trial or as directed by the Court.
L. Jury Deliberation
1. Copy of Instructions
Given to jury.
2. Access to Exhibits
If any are asked for, all are made available to the jury.
3. Access to Video Transcript
Allowed if asked for, the request must be for a specific piece of
testimony. Jury will review the video transcript in jury room.
4. Availability of Counsel
Counsel and parties must be available within five minutes. If outside
the courthouse, leave a phone number with law clerk.
5. Polling the jury
Allowed.
6. Interviewing the Jury
Allowed after Judge Brothers has spoken with jurors after the trial.
If a juror expresses a desire to not talk, that ends the conversation.
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JUDGE FRANK CLEMENT
7th Circuit Court
Room 410
I. Name and Brief Biography
Frank Clement is Judge of Division VII of the Circuit Court for
Davidson County. He was first elected to office in November, 1995, by
unanimous vote of the Metro Council. Though he is frequently
identified as the Probate Judge, for he is the only judge who hears
probate matters in Davidson County, he also has Circuit Court,
Chancery Court and Criminal Court jurisdiction. Judge Clement presides
over conservatorships and the administration of decedents? estates,
and, by agreement with the other trial judges, he also hears criminal
cases which involve vehicular homicide, vehicular assault and multiple
offenses for driving under the influence.
While attending law school, Judge Clement worked for the Tennessee
Supreme Court. Following graduation from law school in 1979, he
entered the private practice of law. After working for an established
civil trial firm for four years, he formed a partnership in 1983,
where he remained until taking office in 1995. Judge Clement practiced
law in Nashville for 16 years prior to taking the bench.
His civic and professional activities have included service as
president of the Nashville Bar Association in 1995, President of the
Nashville City Club in 1992, President of the Nashville Kiwanis Club
in 1987, and Chair of the Nashville Area American Red Cross and
Tennessee Valley Blood Region in 1984-86. In 1972, while in college,
he was president of the Student Government Association of Memphis
State University and Governor of the Intercollegiate State
Legislature.
Judge Clement is a charter member of the Nashville Chapter of the
American Inn of Court. He is also a member of the Tennessee Bar
Association, the American Judges Association, the National College of
Probate Judges and is a fellow of the Nashville Bar Foundation.
II. Preliminary General Matters
A. Scheduling
Scheduling of matters that will require less than a 20 minute hearing
are scheduled with Gay Parker or Ruth Lester (862-5980) in the Probate
Clerk's Office for Probate matters and Ray Akers (862-5600) in the
Criminal Court Clerk's Office for Criminal Matters. Matters requiring
more than a 20 minute hearing are scheduled through Judge Clement's
Secretary, Sandra Jones (862-5990).
B. Correspondence with Court
Judge Clement does not consider ex parte communications. Letters
addressed to the Court will be file stamped and placed in the case
file. Issues requiring the Court's intervention or assistance should
be brought to the attention of the Court by the appropriate motion or
petition with notice/summons to the Interested Parties as is
appropriate.
C. Telephone Conferences with the Court
Judge Clement will entertain telephone conferences when out of town
counsel or parties are involved, or when necessary because of the
facts of the case. Ex parte conferences of any kind will not be
entertained.
D. Telephone Conference with Law Clerks
Telephone conferences with law clerks regarding routine matters is
permitted. Law clerks are not permitted to give advice regarding
strategy or an opinion of how the Judge will rule on a particular
matter.
E. Pro Hac Vice Admission
Judge Clement follows the requirements of the Tennessee Rules of Civil
Procedure and Tennessee Rules of Criminal Procedure.
F. Motion to Ascertain Status
Inquiry regarding the status of an Order or matter taken under
advisement may be made by motion but inquiry may be made simply by
calling the Probate Court Clerk's Office or Criminal Court Clerk's
Office first. If status of the matter cannot be ascertained in this
way, the inquiry may be made through the Judge's law clerk. On matters
where a quick response from the Court is requested be prepared to
inform the law clerk of why the matter is urgent. If some time has
passed since an order was submitted inquiry is welcomed particularly
to ascertain that the order has not been misfiled or lost. Judge
Clement follows Local Rule of Court Davidson County ? 33.02 which
requires a 3 day waiting period on orders bearing only the signature
of the attorney who prepared the order.
III. Pretrial Matters - Civil Cases
A. Scheduling Orders
See "Scheduling Letter" (Appendix IV).
B. Continuances and Extensions
1. General Policy
The Court looks favorably upon continuances by agreement unless
exigencies of the case require prompt resolution of the matter.
2. Requests
If the parties cannot agree to continue a matter, the request for a
continuance must be made by motion. The Court must approve
continuances related to show cause hearings or accounting reviews in
Probate matters.
C. Pretrial Motions
1. Motions for Summary Judgment
In accordance with Tennessee Rule of Civil Procedure 56.03, Judge
Clement requires that each side provide a statement of disputed and
undisputed facts.
2. Motions, Responses, Replies and Briefs
Judge Clement follows the Local Rules of Court, Davidson County with
respect to time frames and filing deadlines, but allows some
flexibility because a Probate Court must protect the best interest of
its wards irrespective of filing deadlines.
Also see "Scheduling Letter."
3. Chamber Copies of Filings
Chamber or courtesy copies are not required. If submitted, such copies
must be filed with the clerk first before being delivered to the
Judge's office.
4. Proposed Orders
Proposed orders are welcomed and are not considered presumptive.
5. Orders
Orders should state the date on which the matter was heard. Orders
that have no date or "blanks" for the Court to "fill
in" the date increase the Court's workload and delay processing
of the order. This is because the Judge's law clerks review each order
and verify it against their notes. When there is no date the clerks
must determine the date before the order can be verified. A
certificate of service should be attached to the order.
Orders should be written so as to be self-explanatory. For example,
instead of saying "Bond is waived" a more specific statement
is preferred such as, "Bond is waived in accordance with Section
IV of the will."
6. Automatic Granting of Motions When No Response Filed
Local Rule of Court, Davidson County 26.04 (f) which provides that
motions which are not responded to are automatically granted is seldom
followed because of a Probate Court's duty to protect its wards.
Ultimately, the Court is the adversary even if a motion is unopposed.
7. Expedited Orders
An attorney or party requesting that an order be signed immediately
should be prepared to inform the Judge's law clerk of the 1) the
urgency and 2) whether there is any opposition to the order.
8. Emergency Petitions
The petition should indicate plainly that it is a request for
emergency relief such as "PETITION FOR APPOINTMENT OF AN
EMERGENCY TEMPORARY CONSERVATOR." The petition should be filed
first with the Probate Clerk. Next, counsel should inform the clerk
that it is an emergency and ask the clerk to walk it up to the Judge's
office for processing.
D. Discovery
1. Discovery Period and Extensions
The parties may extend discovery deadlines by agreement.
2. Discovery Responses
Judge Clement holds litigants at trial to the responses made in
discovery.
3. Resolution of Discovery Disputes
Judge Clement believes in compliance with the letter and spirit of the
Tennessee Rules of Civil Procedure. If the attorneys cannot resolve a
discovery dispute, Judge Clement will resolve the dispute by hearing
upon an appropriate motion. Also see "Scheduling Letter."
4. Exhibits, Witnesses and Subpoenas
See "Scheduling Letter."
E. Pretrial Briefs
See "Scheduling Letter."
F. Temporary Restraining Orders
1. Filing
Temporary restraining orders should be filed with the Probate Clerk.
The attorney or party should then advise the clerk to take the matter
to the Judge's office for it to be acted upon immediately. The
temporary restraining order should be identified clearly as such.
2. Requirements
Judge Clement follows Tennessee Rules of Civil Procedure 65 and Rule
19.02 of the Local Rules of Court strictly. It is essential that
subsection (a) of 19.02 providing for notice to the opposing party or
an affidavit indicating why notice could not be given.
IV. Pretrial Matters - Criminal Cases
A. Motions
See REVISED Pre-Trial SCHEDULE (Appendix V).
B. Pretrial Conferences
See "REVISED Pre-Trial SCHEDULE."
V. Trial Procedure
A. Scheduling
See "REVISED Pre-Trial SCHEDULE."
B. Courtroom Decorum
Attorneys are allowed to move about the Courtroom freely during the
course of the trial. Judge Clement does not have a specific dress code
other than attorneys should be dressed professionally, however, the
Judge will allow exceptions when necessary. Judge Clement will take
whatever steps are necessary to insure that attorneys and litigants
act with civility during hearings.
All cellular phones and beepers should be turned off or switched to an
inaudible tone during Court proceedings. After a matter has been heard
or the parties need to discuss a matter, they are requested to do so
outside the Courtroom so as not to interfere with other hearings.
Judge Clement will usually allow parties to use the jury room for such
discussion if it is available.
C. Voir Dire
Usually 25 jurors are selected from the jury pool. Judge Clement fills
the jury box with 12 jurors plus 6 chairs in front of the jury box.
Judge Clement will initially conduct his own voir dire of a general
nature. When Judge Clement is finished, the attorneys may begin voir
dire. As jurors are excused the box is filled from the six chairs in
the front. Usually one alternate is chosen from the chairs in front of
the box and the attorneys may vote on the alternate.
D. Note Taking By Jurors
Jurors are allowed to take notes during the course of the trial and
are allowed to take the notes to the jury room when they retire.
E. Opening Statements
1. Length
Judge Clement expects opening statements to be relatively brief.
F. Side Bar Conferences
Side bar conferences are allowed.
G. Deposition Reading
Is allowed; two readers are encouraged.
H. Exhibits
Exhibits will be marked by the Judge or the Clerk. In cases involving
documents or the like it is extremely helpful for the Judge and
opposing counsel to have a copy of the documents so they can follow
along with the witness.
I. Motions for Judgement as a Matter of Law
These are heard on Friday morning Motion Docket.
J. Proposed Jury Instructions and Verdict Forms
In cases involving numerous issues, Judge Clement often submits a
proposed charge on the issues that he is aware of before the trial
begins to both counsel. Counsel are encouraged to reach a consensus on
as many issues in the Jury Instructions as possible so that the charge
can be prepared in large part before the trial begins.
The jury charge and verdict form is modified during the trial if and
when necessary. Counsel are given an opportunity to comment.
K. Proposed Findings of Fact and Conclusions of Law
They are provided when requested.
L. Offers of Proof
They are permitted when requested.
M. Jury Deliberation
1. Copy of Instructions
Each juror is give a copy of the instructions so they can read along
while the charge is being read to the judge. The jurors are allowed to
take their copy of the charge to the jury room and are allowed to take
the charge home at the conclusion of the trial.
2. Access of Exhibits
All exhibits are provided to the jury during deliberation.
3. Access to Transcript of Testimony or Videotaped Testimony
Not available.
4. Availability of Counsel
Counsel must remain in court unless granted leave to return to their
office. In such event, counsel should leave their office phone number
and cellular phone and pager numbers with the Judge's secretary so
that they can be reached if the jury has a question or returns a
verdict.
5. Taking the Verdict and Special Interrogatories
Special interrogatories are used when appropriate.
6. Polling the Jury
Judge Clement does not automatically poll the jury. He does ask
counsel if they want the jury polled.
7. Interviewing the Jury
Judge Clement has no prohibition about interviewing jurors after the
trial. He does make it clear to jurors that they are welcome to be
interviewed by counsel after the trial but they are in no way
obligated to do so.
VI. Sentencing in Criminal Cases
A. On Guilty Pleas
The defendant is usually taken into custody after the plea and
sentence are accepted. A delayed report date may be allowed depending
on the circumstances and history of the case. But see "REVISED
Pre-Trial SCHEDULE".
B. After Verdict
A separate sentencing hearing is scheduled in felony matters. The
defendant is usually taken into custody following the sentencing
hearing. See "REVISED Pre-Trial SCHEDULE" which is attached.
VII. Other Comments
A. General Flow of Cases
Mondays are usually reserved for jury trials in criminal cases.
Tuesdays and Wednesdays are usually reserved for Probate matters. The
docket is called first for announcements. Counsel whose announcement
requires more than one minute should estimate the length of the
hearing and matters are usually handled shortest first, longest last.
When a jury trial has been started on Monday but is not finished,
Judge Clement will often hold an expedited Probate docket before
reconvening the jury trial.
Thursdays are reserved for arraignments, settlements, probation
violations and motions in criminal cases.
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