Bench Book

Wyoming Judges' Benchbook

Hon. Joshua Charles Eames

District Court Judge

7th Judicial District

Introduction

Please add any additional information you think appropriate.

Mandatory Electronic Filing

Please set forth your expectations and preferences regarding electronic filing.

Scheduling Conferences

We will set a scheduling conference after one of the parties requests one. Before the conference, counsel are required to submit short memos regarding the case, the number of days needed, whether the case has any special issues we should talk about before, and the prospects of settlement. Most of our scheduling conferences are held on Microsoft Teams and typically last 15-20 minutes. We try to issue our scheduling order on the same day.

Discovery

Please remember to confer with opposing counsel before filing a motion to compel, etc. I usually will summarily deny discovery-related motions (or most all motions for that matter) if the filing party does not state that they complied with the conferral requirement.

If the conferral has failed, I will decide the motion without a hearing (usually) as soon as we can. Sometimes, the order is in the comment box on FSX to expedite getting the parties an answer.

Motions Practice

Not much different from above. The duty to confer is enforced. If all parties agree to a continuance and it doesn't affect the time I have to decide a motion before a hearing or trial, I almost always grant it. Even if contested, the same general approach applies. I rarely schedule motions hearings, even if requested. For what it's worth, I usually find motions hearings unnecessarily delay getting a decision. We will sometimes set them if there's something we want clarified or if there will be testimony.

Mediation

Encouraged in all cases, except criminal, and mandated in domestic cases. In my domestic scheduling orders, we generally set a trial date within 180 days and require the parties to attend mediation and inform us of the result no later than 30 days before trial. If the mediation requirement is not met, the trial will be vacated and will not be reset until mediation is completed in good faith. We will also enter into a mediation order with a specific mediator if one party requests it.

Final Pretrial Conference

Aside from the scheduling conference, I don't require a final pretrial memo. A party can file a final pretrial memorandum, but that has been rare, and I don't think it is particularly helpful. Normally, I only have a final pretrial conference in civil cases. By the time of the FPT, the motions in limine deadline will have passed. Before the FPT, we will have reviewed the filings and drafted an order addressing each motion. At the FPT, I don't normally have oral argument, but I will ask specific questions to clarify what is really in dispute. After motions in limine are addressed, we then discuss the trial logistics. I'll go over how we select a jury, whether either party wants sequestration, whether either party objects to jurors' submitted questions, and any anticipated witness issues (e.g., by video, calling a witness out of order, scheduling, etc.). Similar to the scheduling conference, we strive to get the FPT order out that day or the next.

Bench Trials

(1) I usually ask attorneys if they'd waive an opening and just summarize for me what their client wants, why they want it, and why the law supports it. This is far more helpful for me when following the testimony during the trial.

(2) I require bench books of all anticipated exhibits so I can follow along (and accumulate binders). But please, don't admit hundreds of pages of documents, not have any witness testify about them, or testify about only a few, and then expect the court to rummage through them after the trial and pick out what I believe to be the most relevant. I'll admit it if it is stipulated, but keep in mind whether you've elicited the testimony to explain why you believe it's relevant to your case, otherwise I'll probably assume it's not. Also, I try to rule from the bench as much as possible, so only sorta relying on hundreds of pages of exhibits isn't particularly helpful.

(3) In almost all bench trials, we have a time management order that includes closings.

(4) During closings, similar to openings, I find it more helpful to ask specific questions so that I can better understand your legal argument and how the testimony supports that argument.

(5) Blah, blah, blah ... there's probably more, but I'm tired.

Jury Trials

(1) I will cover the basics with the panel regarding qualifications, excusals, and exemptions, and then turn it over to the parties.

(2) Have your witnesses ready to go when they are called. Also, if there was a specific liminal order that might impact your witness's testimony, please make sure you've addressed it with them.

(3) Parties have ample opportunities to test out the courtroom tech before trial. Have a backup if the tech isn't working.

(4) I don't understand why we say "no speaking objections," since all objections have to be speaking objections to some degree, or we won't know you have an objection. It's usually pretty obvious, and the attorney doing it knows it, when you move beyond the basis of your legal objection and are now arguing to the jury through me. That's not cool, and I will cut you off if you start.

Criminal Matters

Not much out of the ordinary, but happy to answer any specific question about our criminal cases.

Domestic Cases

(1) In cases without children, the temporary relief is usually not very controversial. A general mutual restraining order is pretty common. Sometimes the marital residence isn't contested and is fairly easy to resolve. In custody cases, make sure the temporary relief you're requesting is something akin to an emergency, such as no contact or visitation. That said, I will consider setting a hearing if requested, and it is in the ballpark of an emergency. We limit temporary hearing orders to 2 hours, and only testimony and offers of proof from the parties. More often than not, the parties' positions at a temporary custody hearing are not very far apart, which is concerning when it comes to a final custody/visitation order that considers the parents' ability to work together.

(2) Usually won't appoint one, outside TPRs, unless a party requests one and has a sufficient reason.

(3) I don't view any visitation as "standard," since each case is different.

Miscellaneous Issues

Life is hard enough; no need to make it unnecessarily more difficult on each other.

Supplemental Documents