The information contained in this bench book is designed to address the most common situations and to help litigants and attorneys understand the Court's preferences and expectations. Overall, the Court expects legal counsel to know and follow all applicable court rules, including the Rules of Professional Conduct and the Uniform Rules for District Courts, and to conduct themselves in a manner befitting the profession.

All submissions to the District Court shall be filed electronically using File & ServeXpress (FSX) in accordance with the Wyoming Rules for Electronic Filing and Service.

If desired, attorneys should request a scheduling conference after all responsive pleadings have been filed. Of course, the Court expects that more complex cases need a scheduling conference, while others may not. I conduct scheduling conferences on Teams, and no motion to appear remotely is necessary. My judicial assistant, Ms. Stevens, will schedule the conference and send a Teams Link for participation. The attorneys should be prepared to discuss any unique issues in the case and provide a realistic estimate of how long the case will take. I consider the case's complexity and its likely impact on discovery timelines, and determine a schedule that allows the litigants adequate time to fully prepare while reducing the likelihood of a deviation from the original schedule. Once we narrow down the most likely month for the case to be tried, I generally ask counsel for the dates they are unavailable during that time. We then agree on trial dates. This concludes the conference. I will set all interim deadlines leading up to trial and issue the scheduling order.

Compliance with the discovery rules is required. The rules serve a purpose, and if followed, with few exceptions, things go smoothly. The rules are also clear on the tools the Court may utilize to compel compliance or punish non-compliance, and I utilize them. Discovery is designed for the efficient, thorough, and correct resolution of a case.  Objections should be well-grounded and solid, not frivolous or trivial.

Motions and responses should comply with the applicable rules and be filed in compliance with any applicable deadlines. Filings should be well organized; limited to relevant information; cite applicable statutes, rules, and caselaw; and assertions of fact should be substantiated by citations to admissible evidence. Courtesy copies of motions are appreciated to bring them to the Court's attention. FSX still has some issues, and it is not uncommon for motions and orders to get lost in the ether.

• Duty to confer:  Pursuant to U.R.D.C. 801(a)(7), every scheduling order I issue requires the moving party to confer in good faith with opposing counsel prior to filing any motion, whether substantive, procedural, or even trivial. Every non-dispositive motion must state that the movant has conferred as required by the rule and state the opposing person or party’s position on the proposed motion. If the movant has been unable to confer with the opposing person or counsel before filing the motion, then the movant must describe their attempts to confer and explain why the motion should be considered by the Court before the parties have conferred. Failure to comply with these requirements may result in dismissal of the motion.
• Continuances and extensions:  While continuances and extensions should not be sought routinely, the Court is not unreasonable. If you need a continuance or extension, confer with opposing counsel and explain why you need more time in your motion. If you have been diligent in your work on the case and thoughtful about when to ask for more time, your request will probably be granted.  In criminal cases, if good cause exists, opposing counsel does not object, and the Defendant’s speedy trial rights are not violated, then continuances will generally be granted. Multiple requests for continuance are disfavored and will be viewed with increasing scrutiny.
• Scheduling motion hearings: If a party requests a hearing, I will set the matter for a hearing. My judicial assistant and I make every effort to schedule hearings at times that accommodate the parties and counsel. When a request for a setting is filed, my judicial assistant will reach out to the parties to find a setting that works for the Court and counsel.  If you do not respond to my judicial assistant within a reasonable time, I will set the matter for a time convenient to the Court.
• Dispositive motions:  In the event a party files a motion for summary judgment under W.R.C.P. 56, I do not find that filing a separate statement of facts pursuant to W.R.C.P. 56.1 is helpful, and my scheduling orders direct that no separate statement of facts shall be filed. Any assertion of material fact in any part of the motion or brief should be supported by pinpoint citation to the evidentiary materials supporting the fact, by paragraph or page, with as much specificity as possible. All citations to legal authorities should be pinpoint cites.

I do not require parties to mediate civil cases absent a request under W.R.C.P. 40(b). I expect counsel to exercise good judgment about whether a case should be mediated and, if so, to mediate it well before trial. I do not view a late decision to mediate as good cause to continue the trial, as it will inevitably delay the case for many months. That is likely poor planning.

The purpose of a final pretrial conference is to ensure that the parties are ready for trial, to determine the contested issues of fact and law, to decide all matters that can be decided before trial, and to address any other matters, whether procedural, substantive, or logistic, to ensure that the trial proceeds smoothly. Counsel should be prepared to do those things at the final pretrial conference. My scheduling orders set forth the subjects that must be addressed in the pretrial memoranda, but counsel may include any additional information they deem helpful. Counsel may format and organize the information in their memoranda in any way they deem most effective.

In bench trials, counsel should strive to conduct themselves and their examinations in the same manner as a jury trial. The rules of evidence apply regardless of the audience, so please lay an appropriate foundation for exhibits, move to admit exhibits, avoid eliciting hearsay, and keep your cross-examination tight. Please provide a bench book for all anticipated exhibits, as it will help me follow along and keep track of them.

In trials scheduled for a day (especially when you said it would only take a day), I keep track of the parties' time to ensure, as best I can, that each side has an equal opportunity to present its case. Every minute you speak counts against your time. And, if we are past the close of business, I will probably limit your closing.

I generally do not require trial briefs or proposed findings and conclusions, but I am happy to read them if counsel thinks they would be helpful. If I rule from the bench, I typically ask the prevailing party to prepare the order. If counsel requests written findings of fact and conclusions of law, the request should be made well before the start of the trial, and counsel will be required to submit proposed findings of fact and conclusions of law. If you are asked to prepare an order after a bench trial or motion hearing, unless otherwise ordered, please follow W.R.C.P. 58 and present the order to the Court within fourteen days.

In a jury trial, please respect the jury’s time. Please schedule witnesses in an order that facilitates the efficient presentation of evidence and ensures no delay between witnesses. Understandably, events occur from time to time, but please do not make the jury wait. Equally important, counsel and the Court need to communicate and coordinate on schedules and breaks to prevent the jury from being needlessly cycled in and out of the courtroom for short periods.

• Jury Selection:  In this Court, jurors are assigned numbered seats by random draw conducted by the Clerk of Court on the Friday before the trial begins.

• Voir Dire:  I adhere to the view that proper voir dire questions are designed to learn about the juror and not to convey information to the juror. I expect counsel to strictly comply with W.R.C.P. 47(c) or W.R.Cr.P. 24(c) and to expeditiously question jurors in a manner that comports with the limited purpose of voir dire explicitly set forth in those rules.
• Objections:  I do not permit speaking objections in front of the jury. If you cannot state your objection in one sentence or less, preferably in just a few words, then you may ask to approach.  Most other objections can be anticipated and should be raised prior to trial.
• Jury Instructions:  Follow the instructions in the case management order. Non-pattern instructions shall be supported by citation to binding authority.

Refer to the criminal case management order for expectations and preferences.

• Bond Modification:  I will consider bond modification at arraignment or at any other time a party wishes to raise it. Please be prepared to explain what has changed since the bond was set by the Circuit Court since bond has already been set in accordance with W.R.Cr.P. 46.1.
• Presentence Investigation Reports:  I do not routinely order presentence investigation reports prior to conviction. If the defendant requests a report prior to conviction, I will order that one be prepared. Except in exceptional circumstances, I only accept plea agreements under W.R.Cr.P. 11(e)(1)(B).
• Sentencing:  At sentencing, I give the defendant the first and last word. Please be prepared to present any materials, statements from others, your full argument, and any statement from the defendant at the outset of the sentencing hearing. The last word should respond to the State’s presentation.

I do not automatically conduct a scheduling conference for domestic cases. Parties follow the self-initiated discovery requirements and conduct other discovery as necessary to be prepared for trial. When a setting order is issued, I attach the pre-trial statement requirements that address most issues. Usually, one day is sufficient, and I keep track of time so each party has an equal opportunity to present their case. If a scheduling order is needed, counsel may request a conference.

• Temporary Orders: I usually do not sign ex-parte orders. If a request is made, it must be accompanied by an affidavit and be an emergent and serious issue. Motions for temporary custody may be set for 2 hours and are expected to be presented concisely. These hearings are not to be mini-trials or timed to gain leverage over the other party.
• Standard Visitation:  In most cases, I utilize a Standard Visitation Order. Because this order does not account for individual circumstances, counsel should feel free to advocate for an alternative schedule.
• Guardian ad Litem:  I will appoint a guardian ad litem if both sides agree. In such cases, I usually ask counsel to give a list of names they can agree on, and I will choose one.  The parties are expected to split the cost. Occasionally, I will appoint one on the Court’s own motion, where I think it would be helpful.

• Attorneys should be familiar with all rules and the Court’s scheduling orders and follow them.
• Attorneys should pay careful attention to drafting documents and proofread them before filing. The Court strives to uphold the standards of a noble profession, and although all make mistakes, we should be proud of our work.
• Attorneys should be prepared and arrive on time.
• Attorneys should dress professionally.
• Clients and witnesses should be advised to dress appropriately. No jeans, sweats, or hats. Ideally, dress attire should be worn. While nice, I don't expect a jacket and tie or dress. No cell phones are allowed in the courtroom, attorneys excepted.
• Conduct that deviates from U.R.D.C. 801, the Wyoming Rules of Professional Conduct, or basic common decency is unacceptable. Everyone in the courtroom is expected to be respectful, polite, and professional.
• Attorneys should stand whenever they address the Court. They should speak from the podium when they have the floor and respect when others have the floor. When responding to questions from the Court, they may speak from the counsel table.
• Attorneys should ask to approach the bench, a witness, or the jury and then return promptly to the podium.
• This Court requires counsel to file a motion to appear by video conference for anything other than a scheduling conference. If you have a civil hearing that requires the presentation of evidence, the Court expects you and your witnesses to appear in person. For other purposes or extenuating reasons, a request will be considered on a case-by-case basis. For criminal matters, see W.R.Cr.P. 43.1.  Video appearances, if approved, should be coordinated through my judicial assistant at [email protected].