Civil Scheduling and Practice 6. What is the preferred method for setting a civil motions hearing, other than in open court?



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Judge Contact Information 1. Please enter your name and contact information. Name: - Bradley G. Zell Email Address: - Phone Number: - 605-367-5920 Attorney Contact 2. Generally, how do you prefer attorney contact? Email 3. How do you prefer to receive briefs? Email with hard copy also sent via U.S. Mail 4. Would you like to receive copies of pleadings and affidavits related to a brief or motion?, via email with hard copy also sent via U.S. Mail 5. How do you prefer to receive proposed orders? Email with hard copy also sent via U.S. Mail Civil Scheduling and Practice 6. What is the preferred method for setting a civil motions hearing, other than in open court? 7. Do you want courtesy copies of the main statutes or cases relied upon in briefs or motions? 8. Who should be contacted to request/schedule a telephonic appearance? Clerk of Courts 9. Do you require a motion or want some form of notice if the parties have stipulated to an extension of a deadline in a scheduling order?

10. Should stipulations between counsel on evidentiary issues and/or legal issues be submitted to you in writing? 11. What is the preferred method for scheduling a civil jury trial? 12. Do your require pretrial conferences and what agenda do you have for pretrial conferences? Discovery complete, pre-trial motions filed, parties present and length of trial ascertained. Settlement conference required before trial 13. Do you have a standard pretrial order? 14. Do you have any requirements for court trials that are different from your jury trial expectations? 15. How do you conduct voir dire? The Court makes introductions, asks preliminary questions and then turns it over the parties. The Court uses the strike down method of jury selection. 16. Do your require a pretrial brief? 17. Do you require pretrial findings of fact and conclusions of law in a court trial? 18. Is there anything else you would like attorneys to know about how you conduct civil matters? Make certain the length of time necessary for a hearing/trial has been clearly discussed between parties when setting the matter as the court is very unlikely to add additional time without very good cause.

Criminal Scheduling and Practice 19. What is the preferred method for setting a criminal motions hearing, other than in open court? 20. What is the preferred method for seeking a reset of a routine criminal court appearance? Contact State's Attorney and reset by agreement of counsel 21. When a suppression motion is filed, do you require or request a pre-evidentiary brief to lay out the issues to be argued? 22. Do you have any standard sentences or sentencing policies of which attorneys should be aware? 23. If answer to previous question is yes, please provide examples. (e.g., no suspended imps in certain situations, fine paid in full on day of sentencing, etc) Response 24. Is there anything else you would like attorneys to know about how you conduct criminal matters? Response Courtroom Protocol 25. Does the Court prefer that lawyers: a. Stand when addressing the court b. Ask permission to approach an adverse witness c. Ask permission to approach their own witness d. Ask permission before moving about the well of the courtroom e. Ask permission to publish an admitted exhibit to the jury Comments:

26. Do you allow lawyers to have cell phones in your courtroom? 27. Do you mind if lawyers check email, etc while waiting in the gallery for their case to be called? 28. Is there anything else you would like attorneys to know about your preferred courtroom protocol? Response Domestic Cases 29. Are there any special issues that arise in your courtroom in domestic cases that you would like the Bar to be aware of? Response 30. Do you have a standard pretrial order? 31. Do you require: Pre-trial conference Pre-trial mediation Asset/Debt spreadsheet (if so, please provide a copy of the required form) Pre-trial brief Pre-trial submission of proposed Findings of Fact and Conclusions of Law Comments: 32. If the parties stipulate to temporary or final matters, how do you prefer attorneys proceed? Response 33. Is there anything else you would like attorneys to know about how you conduct domestic cases? Absent mediation, the Court requires a pre-trial settlement conference with parties present in an effort to narrow or resolve issues prior to trial.

Courthouse 34. Does your courtroom/courthouse have any of the following: (please list all applicable counties) Separate tables for counsel - Lincoln County - yes Accessibility for attorneys, parties and witnesses who use wheelchairs - Lincoln County - yes Podium - Lincoln County - yes Microphone system - Lincoln County - yes Photocopier - Lincoln County - yes 35. Is there anything not previously addressed that you would like attorneys practicing in your court to know? Response