Division IV: Judge Larry Harman
Procedures

The following are the normally followed procedures for getting a case through Division IV in an efficient manner. Exceptions can be made by contacting the Clerk first and the Judge, second. (remember who really runs the show…usually the clerks!)

MOTIONS

Usually heard on Wednesdays at 9:30 a.m. Make sure you have contacted the other side as a courtesy and it is wise to call the Division Clerk to make sure the date is available. If the motion will take more than 30 minutes, another time may be a better choice – contact the clerk. Pre-Trial motions are encouraged and not limited in number generally.

TRIAL SETTINGS

JURY TRIALS

Counsel for plaintiff should bring a "MAI – marked" copy of what they think their verdict director will be, a damages instruction, and a form of verdict. Defense counsel should bring a copy of any affirmative defense or avoidance instructions.

The motions need to be filed at least 10 days before the pre-trial, so opposing counsel will have time to digest them and file responses if desired.

In civil cases, counsel should be prepared to discuss possible settlement. A party with the authority to approve settlement shall be available by phone.

Counsel should be prepared to discuss any stipulations and/or agreements regarding exhibits and evidence. (ie. Foundation/admissibility/etc.)

The language of the "Insurance" question should be agreed upon before the pre-trial. The number of venire persons to be summoned will be discussed. Witness scheduling issues will be discussed. Unusual evidentiary issues should be raised by a Motion in Limine.

A full set of instructions – one clean and ONE marked copy – should be presented to the court before trial begins on Monday.

Jury trials begin at 9:00 a.m. on Mondays and conclude at 5:00 p.m. every day. Witnesses should be scheduled accordingly. On second and subsequent days of trial, we usually begin at 8:30 a.m.

FRIENDLY SUITS

See separate memorandum regarding Friendly Suits. Form A must be filed with the court and approved by the Judge before the matter can be set for hearing.

PROBATE CASES

CRIMINAL CASES

MISCELLANEOUS

I am usually in the office before 8:00 a.m. Feel free to stop in, but remember I sometimes start court at 8:30 a.m.

1 At the "final" pre-trial - ALL remaining pre-trial motions are decided. This includes motions in limine, motions for continuance, motions to amend (criminal), petitions to enter a plea of guilty, objections to deposition testimony are ruled, etc.