15th Judicial Circuit Guest

Divisional Instructions

HEARING PROCEDURES:

Uniform Motion Calendar:Hearings are held Monday thru Thursday at 8:30 a.m. for hearings under 10 minutes. Hearings that can be set are: plea conferences, motion for revocation of bond, bond hearings (that do not have but one witness) or status conference hearings. Attorneys must contact the Judicial Assistant and file the original notice of hearing with the Clerk’s office and giving opposing side at least five (5) working days notice. MOTION MUST BE FILED BEFORE CONTACTING JA TO OBTAIN HEARING TIME AND MUST BE GIVEN A DATE FROM JA BEFORE SETTING ON CALENDAR. FAILURE TO COMPLY COULD RESULT IN HEARING BEING STRUCK FROM CALENDAR. A copy of the notice along with the motion or pleading to be heard must be forward to the JA. (If you are going to cancel or reset a hearing already noticed, please make sure you contact opposing counsel to advise them of the cancellation. Attorneys should always try to clear date chosen with opposing counsel). Mondays are the Court’s case disposition and special set hearing day. The court will limit hearings held Tuesdays through Thursdays on the UMC docket from 8:30 to 9:30 a.m. too no more than 12 cases so that can start trial on time. No hearings will be set on Fridays other than VOP arraignments and calendar call.

All Special Set hearing over 15 mins.: All hearings that will require 15 mins. or more will be specially set for a hearing on the Court’s docket. Special Set hearings will be heard on Mondays only (Mondays are the Court’s case disposition and special set hearing day). These are motions that cannot be heard on the Uniform Motion Calendar because they require testimony and more time then 10 minutes. Moving attorney shall contact the JA and the JA will give the moving attorney dates and times to coordinate with opposing counsel. Once a date and time have been agreed to by the attorneys, the moving attorney’s office must call the JA to secure the date and time that the attorneys have agreed upon and then send a copy of the notice of hearing with attached motion and other pleadings to the opposing attorney and a courtesy copy to the court. ORIGINAL MOTION MUST BE FILED WITH THE CLERK BEFORE CONTACTING JA TO OBTAIN HEARING TIME. (If you are going to cancel or reset a hearing already noticed, please make sure you contact opposing counsel to advise them of the cancellation. Attorneys should always try to clear date chosen with opposing counsel).

Case Disposition hearings are held on Mondays at 9:30 a.m. (unless scheduled at 8:30 a.m.). At the case disposition hearing, the parties are to try and resolve the case, if not the court will reset the case for one more case disposition hearing (with waiver of speedy) or set the case for trial with a min-calendar call the Friday before. Defendants must be present for case disposition hearing unless agreement by counsel waiving clients presence.

EMERGENCY HEARINGS: Requests for emergency hearings are decided by the Judge. The movant must file a Motion for an Emergency hearing with the Clerk, the Judge will review the Motion and decide if an emergency hearing is warranted, as defined in Administrative Order 2.004. If the Judge deems the matter is an emergency, an order will be prepared advising the parties of a hearing date or time and the JA will contact the parties advising them of the hearing date and time also if the court sets in within a day or so of receiving the motion. Attorneys shall not abuse filing Emergency Motions. When filing an Emergency Motion make sure the opposing side is also in receipt of the motion with any attachments.

MOTIONS FOR REHEARING OR MOTIONS FOR FURLOUGHS: Attorney shall file the original pleading with the Clerk and copy the Judge. The Judge will review the pleading and shall either deny or grant the motion or shall set the motion for a hearing. No hearings will be scheduled unless the Court orders one to be set.
Local Rule No. 6

PREPARATION OF JUDGMENTS AND ORDERS: Administrative Order 3.204 . This Administrative Order is the least complied with Order. Judge Oftedal requires some portion of text of the Order specific to the case be included on signature page. PLEASE NOTE to include the page, case number and style of case in the upper left-hand corner for orders more than one page The Order will be sent back to the moving attorney if the signature page of the order only includes the judge’s signature line and is not in compliance with Administrative order 3.204. Also the attorney supplying the order to the Court for signature will include self-addressed stamped envelopes and copies for all parties involved in the case. If copies of the order and envelops are not included counsel will not receive a conformed copy.

TRIALS – Effective July 2011, the cases will be set for a min-calendar call on Fridays at 8:30 a.m. before the trial setting on the following Monday (Tuesday if Monday is a holiday) for jury trial. All trial dockets are for one week. At that time the case is either to resolve if not Court will advise counsel what order their case is going to be or if Court is sending case to TD division or Judge Cohen for jury trial. The Court will schedule 20 to 25 cases (sometimes less if there are First Degree or other big trial set on that docket). If attorneys know case is going to resolve prior to the trial please bring the matter in earlier to get it off the docket. When case goes to trial, the attorneys are to bring in their proposed jury instructions in on a CD so changes can be made in court.

COURTROOM PROCEDURES – Attorneys can confer with each other but must keep noise level down so the Court can hear the other attorneys that are addressing the Court on their case. Also announce your name and what case you are in on for the record and speak clearly for court recorder and clerk. Also if striking a case off the docket, please announce what it is set for and when it is set so Clerk can strike it off that docket.