Welcome to the Fourth Judicial District!

All submissions to the District Courts shall be filed electronically using File & ServeXpress (FSX), pursuant to WY R ELEC FILING 5.

How are scheduling conferences set and used in your court? Are they conducted by you? When done by telephone, are the attorneys responsible for setting up a conference call or does your office have enough lines to allow attorneys to call in? If yes, how many lines are available?

• Scheduling conferences are held only upon request. My chambers will issue a scheduling order once an answer is filed, which eliminates the need for most scheduling conferences. If a scheduling conference is requested, I will conduct it, typically via TEAMS. My office will coordinate with counsel to provide links so they can attend remotely.

• Attorneys should have their calendars ready for the scheduling conference. It's useful for them to know the number of days needed for trial and an estimate of how long the discovery process will take, given the complexities of the case.

•  Not unless necessary and requested. My scheduling order will set deadlines to ensure the case is handled efficiently, without the need for multiple conferences. That said, more complex cases might need additional pretrial conferences, and I am happy to accommodate such requests.

• No.

• In civil cases, my scheduling order specifies dates for expert witness designation, discovery deadline, IME, dispositive motions, a hearing on dispositive motions, pretrial memorandum, pretrial motions, proposed jury instructions, pretrial conference, and trial setting. See attached exhibit.
• In criminal cases, my scheduling order specifies dates for plea bargains and dismissals, motions, pretrial memorandum, pretrial conference, jury instructions, discovery, and trial setting. See attached exhibit.

What is your approach to resolving discovery disputes?

• I resolve discovery disputes when a party moves for court intervention after good faith efforts to resolve the issue have failed.

• Though sometimes necessary, it is never desired.

• Unlikely as availability cannot be guaranteed. The docket is busy, and I expect professionals to handle these issues appropriately by preserving objections and involving the court, if necessary, through a motion.

Do you require that submitted motions include a proposed order?

• Yes, except for dispositive motions.

• It is no longer necessary to provide courtesy copies, as all motions are now filed through File & Serve Xpress.

• Hearings will be set if requested by motion, and/or when the Court deems them appropriate.

• I am willing to accommodate most requests for oral argument.

• Yes, if the case was not cited in the party's filings. Otherwise, I read all the cases that counsel cites.

• I consider these hearings to be evidentiary in nature, meaning I expect witness testimony and/or exhibits at the scheduled hearing.

• A request for continuance needs to be made by motion. I may or may not set a hearing, depending on the opposing party's position.

• Come prepared and well-organized. My practice is to read all pleadings prior to a hearing, so I can engage with counsel in a meaningful and productive manner. It is wise to practice with the technology and have your witnesses ready to ensure a streamlined presentation. A strong working knowledge of the rules of procedure and evidence is essential.

• Not responding to opposing party motions or neglecting to cite authority in support of your position is unhelpful. Additionally, treating pro se litigants discourteously is both unhelpful and unprofessional.

What steps do you take, if any, before the final pretrial conference to encourage settlement of the case? Do you require mediation?

• I do not require mediation but consider it a worthwhile investment and encourage litigants to pursue it when possible.

In your view, what is the purpose of a final pretrial conference?

• To review trial logistics such as jury selection, timekeeping, and witness issues, and to resolve any remaining legal issues.

• My scheduling order outlines the expectations for a pretrial memorandum.

What are the major differences in procedures in your courtroom between bench trials and jury trials?

• It can take a full day or more to select a jury, so attorneys need to build that time into their request when asking for a trial setting. There are other jury-related trial logistics that slow the pace of trial. Depending on the nature of the case, security protocols may also differ. Otherwise, I tend to follow the same procedure regardless of bench or jury trial.

• I appreciate trial briefs and proposed findings of fact and conclusions of law. A trial brief is most useful when filed before trial, and proposed findings of fact and conclusions of law should be submitted after trial once evidence is closed.

How is voir dire conducted in your courtroom?

• Jury selection is guided by statute and rule. See Wyo. Stat. 1-11-101 through 1-11-204, Wyo.R.Civ.P. 47, and  Wyo.R.Cr.P. 24.
• The voir dire questioning will be directed to the entire panel of approximately 50 prospective jurors. After questioning, jurors may be struck for cause, and then each attorney will exercise their peremptory challenges. Once all challenges are exercised, the first 13 remaining jurors form the jury (12+ 1 alternate). I explain the process more thoroughly during the pretrial conference.

• I have allowed it but it is not common practice.

• The date will be outlined in the pretrial memorandum.

• I have no preference, but if it is too lengthy, the response may be poor. Many jurors already feel burdened by jury service, so attorneys should be mindful of how they engage pretrial.

• The date will be outlined in the pretrial memorandum.

• These details will be outlined in the pretrial memorandum.

• The pattern instructions make up the majority of the instructions given to the jury.

• I give a standard set of general instructions at the start and end of each trial (found in the pattern instructions 1.01 through 1.07, for example).

• Yes.

• On the first day of the trial, we begin at 9:00 a.m., with a mid-morning break at 10:30 a.m., followed by lunch at noon. We usually resume at 1:00 p.m., take a mid-afternoon break around 3:00 p.m., and conclude for the day around 5:00 p.m. On the second day, I prefer to start at approximately 8:30 a.m. Depending on our progress, I might extend the lunch break to 90 minutes or continue until after 5:00 p.m., if necessary.

• These should be decided pretrial. My scheduling order will have a pretrial motions deadline.

• I do not have a specific preference for witness scheduling; however, I expect attorneys to have their witnesses prepared to testify. If a witness is absent, the attorney should proceed to the next witness, which could potentially disrupt the flow of the presentation.

• Most exhibits are presented to the jury electronically. My court reporter will keep a hard copy of all exhibits in a binder for the jurors to use in deliberation. I am not opposed to the use of exhibit notebooks for the jury, as long as they don't cause a distraction.

• Yes.

• No. The objection should state the legal basis only.

How do you handle requests for continuance on pretrials, arraignments and trials?

• A request for continuance needs to be made by motion. I may or may not set a hearing, depending on the opposing party's position.

• A motion can be made at any time before the trial. While it often happens during arraignment, it can also take place months later, before the trial begins. For example, if the defendant wishes to participate in inpatient substance abuse treatment.

• The pre-sentence investigation report prepared by the Department of Corrections provides most of the important information for the sentencing hearing. I want counsel to thoroughly explain why I should accept their sentencing recommendation, whether or not there is a plea agreement.

• No.

Are there any special issues that arise in your courtroom in domestic cases of which you would like the bar to be aware?

• No.

• I require evidence for temporary custody, visitation, and support hearings. If the parties stipulate to a temporary order, it must be clearly defined and enforceable.

• Any request to interview the child must be made by motion. If the child is interviewed, I conduct the interview outside the parents' presence, with counsel present.

• Guardians ad litem are helpful in highly contentious cases.  If a GAL is appointed, I issue an order that outlines my expectations. See attached exhibit.

Is lack of civility a recurring problem in your courtroom? What steps do you take to improve civility in your courtroom?

• It has not been a problem in my courtroom. Adherence to WY R UNIF DIST CTS Rule 801 is expected and noncompliance may result in sanctions under WY R UNIF DIST CTS Rule 901.

• Again, attorneys are expected to adhere to WY R UNIF DIST CTS Rule 801. Staff, clients, and witnesses should be prepared to conduct themselves respectfully, responsibly, and civilly.

• Attorneys should seek permission before approaching the witness stand. Opening statements are generally made at the podium, but I will allow more flexibility during the closing argument.

• Professional business attire is expected. See WY R UNIF DIST CTS Rule 801(b).

• Yes.

• Only for counsel if necessary.

• I begin my court hearings exactly at the scheduled time. The court's schedule is full and cannot tolerate delays. If tardiness occurs, I will handle it directly with the attorney.