Protocol and Practice of Persons Appearing in the Court of Commissioner Richard L. (Rick) Nothwehr

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Specific Comments or Advice for Litigants

Specific Requirements or Preferences • The Court appreciates young lawyers whom make an effort to observe proceedings, prior to serving as the attorney on record before the Court. There is much to learn from court observations, and this Court will mentor lawyers who desire to be prepared for their first proceedings. All litigants are required to be prepared, and on time for Court.

Pre-Trial Practice and Management Issues

Motion Practice • The implementation of E-filing is pending. In the meantime, litigants should deliver pleadings, form orders, and notices to the Division at least five (5) days in advance of a proceeding. To avoid delays associated with internal processing, delivery to the division means hand delivery, not delivery to division mailboxes.  
• Whether oral argument is set depends upon the issues presented. Most of the time, oral argument is facilitated as a courtroom discussion.
Other Pre-trial Practice Guidelines or Comments • Telephonic appearances must be requested in advance, enabling court staff preparation time to accommodate this request.

Trial Practice and Protocol

Trial Schedule • Attorneys must take care in giving time estimates; such estimates are relied upon for scheduling purposes.  
• Probate matters exceeding three (3) hours time may be transferred to a trial judge.
Joint Pre-Trial Memo and/or Conference; Exhibits and Objections • Exhibits have to be delivered to the courtroom clerk by 5:00p.m., two (2) days before a proceeding. Trial Practice and Procedure • Witnesses must be prepared prior to a scheduled proceeding, ensuring the time allocated for a proceeding is used for the purposes of the proceeding and not housekeeping matters. Courtroom Etiquette • Materials must be delivered to the courtroom clerk in advance of a proceeding; it is not appropriate to approach the courtroom clerk while proceedings are ongoing.  
• Conversations may occur within the courtroom, so long as the discussion is not disruptive.