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Protocol and Practice of Persons Appearing in the Court of Judge Cynthia Bailey << return to previous page
Specific Comments or Advice for Litigants Specific Requirements or Preferences All parties should practice professional courtesy. If counsel will to be late to a proceeding, please email the Court's JA or Bailiff with an anticipated arrival time. Please check- in with the courtroom's Bailiff when you arrive.
Pre-Trial Practice and Management Issues Motion Practice • If counsel e-files a motion within 48 hours of a proceeding, or requests a matter be expedited, a hard copy of the motion should be filed. Because of internal processing delays, the division may not receive the filing prior to the proceeding.  
• Counsel must request an oral argument, an evidentiary hearing, or both, in the caption of a pleading.
Discovery or Disclosure Disputes and/or Sanctions • The rules require counsel to confer with one another before bringing issues to the Court's attention.  
• Pleadings that request a filing be placed under seal should not be e-filed. Serve them directly to the division, in light of the confidential nature of the matter. The Court will place filings under seal as necessary.  
• Sanctions will be issued if and when appropriate.
Other Pre-trial Practice Guidelines or Comments • Counsel must attempt to settle issues in advance of trial.  
• The Court will meet with attorneys off the record, prior to a settlement conference. Counsel can assume that the Court has reviewed the charges and the Form IV prior to the conference. Preparing a summary of the issues to be resolved in the settlement conference is helpful.  
• Most proceedings in the Criminal Division are done with the parties present in the courtroom. Litigants are expected to be present at every court setting unless specifically ordered by the Court.  
• Per the administrative order, all motions to continue must be in writing and must state an extraordinary circumstance in order to extend the last day. Simply being in continued plea negotiations is not enough to satisfy the extraordinary circumstance requirement. Please comply with the administrative order by including the requested dates in the written motion.  
• Substantive motions must to be filed with the Clerk of the Court; an email communication is not an appropriate substitute. Avoid email interaction with Court Staff if it could be considered an ex parte communication or might violate an ethics rule for you or the staff member.
Trial Practice and Protocol Trial Schedule • Trials are typically scheduled between 10:30am-4:30pm, Monday-Thursday. Fridays are reserved for other matters.  
• If a party needs any accommodation (e.g. an interpreter, hearing assistance device), please notify the Court well in advance of the proceeding.
Joint Pre-Trial Memo and/or Conference; Exhibits and Objections • A Joint Pretrial Statement is required at the Final Trial Management Conference.  
• A Case Management Plan is required at each Complex Case Management Conference.  
• Counsel are required to confer on exhibits in advance of a proceeding, ensuring duplicate exhibits are not presented to the Court. Counsel must submit exhibits to the Court Clerk for marking purposes as soon as possible after the trial assignment is made. Marking exhibits during a trial is distracting to the Clerk and is discouraged.  
• Speaking objections, in front of the jury, are prohibited. Objections should include a succinct evidentiary citation. If more information is needed, the Court will conference with counsel at the bench.  
• Motions in limine must be filed in accordance with Court deadlines. The Court has discretion to rule upon such motions as filed, or address the motion at a proceeding.
Jury Selection • The Court uses the struck method to select the jury.  
• Counsel must submit purposed voir dire questions in writing, in advance of jury selection.  
• Counsel may do individual follow-up questioning after the conclusion of the Court's questioning.  
• Submit jury questionnaires at least one day before trial and provide the original to the Clerk.
Trial Practice and Procedure • Prior to trial, counsel may schedule time to familiarize themselves with the courtroom technology. To prevent a proceeding from being delayed by technical difficulties, counsel should have a back-up plan for presentation of evidence. If a PowerPoint presentation is used in an opening statement, a copy must be provided to opposing counsel for review and objection within 24 hours of the trial. Additionally, a hard copy of the PowerPoint must be given to the Court's Clerk for the record.  
• If counsel is providing the jury with a transcript or other summary material during trial, please provide a copy to the Court.  
• Please submit requested jury instructions prior to trial. Additional instructions can be added, as the evidence dictates, during trial.  
• Verdict forms will be completed prior to closing arguments for review.  
• If aggravation verdict forms are needed, notify the Clerk at the conclusion of the guilt phase of trial.  
• Counsel should ensure that parties to the case, victims, families and other courtroom observers are separated from each other and the jurors during breaks. Jurors assemble in the public area outside of the secure jury room before and after each court session. Special care should be taken to minimize the jurors' exposure to witnesses and courtroom observers during these times.
Courtroom Etiquette • All litigants are reminded to be professionally courteous to everyone in the courtroom. This means that courtroom decorum is expected, and that counsel is prepared for the proceeding. Professional courtesy is especially important with regard to court staff, the clerk, the court reporter and the courtroom deputy.
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