Protocol and Practice of Persons Appearing in the Court of Judge Stasy Avelar

Specific Comments or Advice for Litigants

Specific Requirements or Preferences

Please provide orders for stipulations and motions: If you have a stipulation to a basic extension or other motion, please submit an order with the motion that sets forth the precise relief you are requesting/stipulating to.  
 

Pre-Trial Practice and Management Issues

Motion Practice

Motion Practice: Please double space your motions and avoid handwriting them if possible. Check to make sure that what you are filing is in the proper format and seeks the proper relief (i.e., check the rules to make sure that what you are filing actually can be filed as a motion instead of a petition).  
 
If expedited treatment is requested the request should state what has already been done to attempt to expedite the matter (personal consultation with opposing counsel, email service on opposing party, etc.). It should also include a proposed form of order that provides a response date or deadline or some other provision for the other sides right to be heard. It is not the responsibility of court staff to coordinate an expedited response with the other side.  
 
Oral Argument: The Court normally will not set oral argument unless it is requested. If it is requested, the Court will expect any additional information and probably not what has already been presented. This may be a time to explain arguments over which the Court needs clarity.

Discovery or Disclosure Disputes and/or Sanctions

Please do not file written motions to compel and/or for sanctions as a first resort to seeking relief on a discovery dispute. My preference is that you jointly request a status conference by contacting my division. We will fit you in within 1-2 weeks for a telephonic conference and all I ask is that you file a brief two-page statement describing the issues and each party's position. All issues will be discussed on the record and I will attempt to resolve any issues without the need for additional briefing if possible. If the issues in dispute are legally novel or complex or involve disputed material facts, then I may still require you to submit briefing and I will certainly permit briefing if one or both parties believes it is needed to make a complete record. Nevertheless, the goal of the informal process at the outset is to allow me to intervene early in such disputes and to assist you in resolving minor issues without the need for either party to incur substantial fees or costs associated with minor discovery issues, where possible.

Trial Practice and Protocol

Trial Schedule

Trials begin at 10:30 a.m. and break for lunch from 12:00 p.m. to 1:30 p.m. There will be a midafternoon break as well. No trials are held on Friday, however, jurors can deliberate on Fridays so the attorneys need to be available for any questions or verdicts.

Jury Selection

We utilize the remote juror questionnaire process. One week prior to trial you will receive an email from staff asking for any questions that you wish to have included in the questionnaire. The responses will be available and reviewed in court two to three days prior to the start of the trial. Any juror who did not complete the questionnaire will fill it out the morning of trial. The attorneys and the Court will then review those responses in Court at 10:30 am. Voir Dire of all remaining juror will begin at 1:30 pm.

Courtroom Etiquette

Please be courteous to my staff. Remember that they can be helpful to you. But, please do not ask them for legal advice. They are not lawyers and they cannot answer those questions.  
 
Please do not argue with the other party. Your comments should always be directed to the Court and not to one another while court is in session.