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Protocol and Practice of Persons Appearing in the Court of Judge Sam Myers << return to previous page
Specific Comments or Advice for Litigants Specific Requirements or Preferences 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 this is a unique criminal calendar, cases are set at a specific time and 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 the opposing party 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. Requests to seal entire files are discouraged; the parties should be prepared to identify specific documents that require sealing. Other Pre-trial Practice Guidelines or Comments Judge Myers will take settlement conferences when available; the parties may contact the division to determine availability. Settlement Memoranda are encouraged to maximize the efficiency of the conference. At a settlement conference, the judge is willing to talk to victims and family members in an effort to answer questions and promote disposition of the case. Telephonic appearances at minor hearings is permitted with advance request.
Trial Practice and Protocol Trial Schedule Judge Myers calendar does not allow him to take trials from Master Calendar except in rare circumstances. Joint Pre-Trial Memo and/or Conference; Exhibits and Objections Judge Myers believes that a Pretrial Statement is crucial to a party having all issues properly considered. Separate pretrial statements are accepted but jointly prepared statements are preferred. 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. Jury Selection Judge Myers expects counsel to provide their expected voir dire prior to jury selection. Trial Practice and Procedure Judge Myers expects counsel to try to stipulate to non-essential issues. 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.
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