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.

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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.

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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.

Fri