Protocol and Practice of Persons Appearing in the Court of Judge Sam Myers

Specific Comments or Advice for Litigants

Specific Requirements or Preferences

While AO 2022-113 remains in effect, counsel must seek court permission if requesting a remote appearance for a presumptively in-person hearing.  
Judge Myers strives to run his calendar in a timely manner. To that end, counsel and litigants should call/email the division if they are running late. Because cases are set at a specific time, all matters are expected to proceed at the time scheduled.

Pre-Trial Practice and Management Issues

Motion Practice

Judge Myers' division is very computer friendly, so the parties are welcome to provide a division copy of motions via email, with all parties always copied. The practice of combining more than one motion in a single document is strongly discouraged (i.e. motion to strike and motion to reconsider). Motions should clearly state the relief requested and the authority for the requested relief.

Discovery or Disclosure Disputes and/or Sanctions

Judge Myers expects the parties to follow all rules of procedure regarding requirements for a personal consultation with a good faith effort to resolve the dispute prior to requesting court involvement (note: an email is not personal consultation). Judge Myers prefers the parties to jointly discuss resolution of disputes prior to the judge taking the bench.

Other Pre-trial Practice Guidelines or Comments

All motions should be made in writing - the Court will not consider a contested motion unless all parties have been provided an opportunity to respond in writing. Telephonic appearances at minor hearings is permitted with advance request.

Trial Practice and Protocol

Trial Schedule

Judge Myers expects trials to proceed as scheduled, and expects attorneys to provide advance notice if they anticipate the trial will not proceed as scheduled.

Joint Pre-Trial Memo and/or Conference; Exhibits and Objections

A separate bench copy of exhibits is not necessary. All exhibits should be timely provided to the court clerk. Either side may object to a nonresponsive answer and request that it be stricken. The Court does not typically grant objections to "beyond the scope of cross" but if an objection is timely made, the Court will allow re-cross on the specific issue objected to.

Trial Practice and Procedure

Judge Myers expects counsel to try to stipulate to non-contested issues. He would appreciate citations to authorities if they are being relied upon in oral arguments.

Courtroom Etiquette

Judge Myers expects all attorneys and parties to behave in an appropriate manner while in the Courthouse. Discussion between counsel is welcome prior to the hearing. All parties must be near a microphone when on the record, so wandering around the courtroom during examinations is discouraged. Judge Myers expects all parties and counsel to treat his staff kindly, and expects the same of his staff.

Other Courtroom Policies and Recommendations

Please let the Court know if you did not get a ruling on a motion you filed either by addressing it in open court or by contacting the Judicial Assistant. The paper filing system is not perfect, and sometimes motions are not delivered to the division and there is no way of knowing that a motion was filed if we do not receive it. The Court welcomes a call to the Judicial Assistant to ask why you have not yet received a ruling. Judge Myers' practice is to rule quickly, so please also do not hesitate to call the Judicial Assistant if you do not receive a ruling within a reasonable period of time.  
Expedited or Emergency Review  
If you are filing a motion which is time sensitive or truly requires emergency or expedited consideration, you must include the phrase "expedited consideration requested" to the right of the caption, and you must state in the motion the basis for your request for expedited relief. Please do not request expedited relief unless there is a genuine need for an expedited ruling. Generally, Judge Myers will separately rule on the request to expedite by setting an expedited date for responses by Minute Entry Order, and then will rule once response date expires. Because the response deadline for electronic services is already short (five days) there are times I will simply wait five court days and rule on the sixth day. The course of action is dependent on the nature of the motion and the requested relief.  
Please be specific in your proposed orders by specifically stating the exact title of the motion being ruled upon. Do not attach mailing certificates to proposed orders as we do not distribute orders in the same manner that you serve motions.