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Protocol and Practice of Persons Appearing in the Court of Judge David M. TALAMANTE << return to previous page
Pre-Trial Practice and Management Issues Motion Practice • Our office is transitioning to e-filing in the immediate future.  
 
• If counsel seeks a hearing, oral argument or to accelerate a proceeding, a filing, followed by a request to the Judicial Assistant is necessary for scheduling purposes.  
 
• If an oral argument is scheduled, please assume I have read everything. I will state up front any questions or inclinations and direct counsel to address specific matters of concern. Alternatively, I will state if I have not thoroughly reviewed the necessary materials and seek input as to which authority support particular arguments.  
 
• Written motions are for facts and argument; there is no time or purpose for humor, irony or sarcasm.
Discovery or Disclosure Disputes and/or Sanctions • With regard to minor procedural issues or discovery disputes, if the parties believe that early court intervention would be helpful, counsel is encourage to call my staff and request a telephone conference with the other party. Initial filings are not necessary, but may be required at a later date should the issue(s) escalate in complexity.
Trial Practice and Protocol Joint Pre-Trial Memo and/or Conference; Exhibits and Objections • Speaking objections are discouraged. If I need further clarification, or desire an argument upon objection, then I will request it before making a ruling. Jury Selection • The struck method will be followed regarding jury selection.  
 
• Counsel should work together to prepare a statement of the case, which I will read to the jury before I conduct judicial voir dire. Thereafter, counsel may conduct their own voir dire.
Trial Practice and Procedure • Per Evidence Rule 611(a), outlining the privilege of the Judge to control the mode and tenor of the courtroom, I will intervene if argumentative questions are asked of any party or witness. Instead of waiting for an objection, I may interject and ask for the question to be rephrased.  
 
• Jurors are providing a valuable service to the justice system; therefore counsel must ensure their time is not wasted.  
 
• Juror notebooks must be exchanged between the parties in advance of the trial.
Courtroom Etiquette • Because proceedings may be stressful for the parties involved, I strive to make my courtroom a relaxed environment, so long as parties are professional and polite to one other.  
 
• Counsel should not argue with one another in the courtroom; commentary is to be directed through the Bench.  
 
• While courtesy should be exemplified at all times, it is especially important to be professional with staff.
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