HONORABLE RICHARD A. LUCE

Judicial Practice Preferences
Family Law Proceedings


1)DEPOSITION DISPUTES:
Certify, but deponent should answer. Instruction not to answer is usually improper.

2)UNIFORM MOTION CALENDAR:
Only for contested matters.

3)TELEPHONIC HEARINGS:
Are permitted.

- Must be set forth in the notice of hearing.
- Attorney may attend in person.
- Evidentiary matters will not be considered. However, occasionally exceptions are made for the taking of short expert witness testimony in an emergency hearing.
- The party filing the notice is responsible for getting each person on the telephone line prior to calling the judge.

4)PROPOSED ORDERS:
- Must be pre-approved by opposing counsel before forwarding to the court and must so state in the cover letter.
- Judge Luce may prepare final judgment.

5)DISCOVERY CUT-OFF:
At pre-trial.

6)PRETRIAL STATEMENTS:
Are required only on cases with a final hearing of one hour or more.

7)MOTIONS IN LIMINE:
To be heard on the morning of trial.

8)SCHEDULING OF TEMPORARY MATTERS - Custody, Support, Alimony and Attorney fees:
May be scheduled before the Master or the judge.

9) TIME BEFORE TEMPORARY MATTER MAY BE SCHEDULE:
One week to ten days.

10) PRE-TRIAL CONFERENCES:
Required for trials of certain length.

11)EMERGENCY HEARINGS:
- If the judge is unavailable, the attorney should go to the Family Law judges.
-If Family Law judges are unavailable go to the Emergency/Duty judge.
- Notify opposing counsel once the name of the judge is known.
- Testimony by the client, in addition to the affidavit filed is permitted.

12)TRIAL:
Trials set for more than one day will be held on consecutive days.

13) ATTORNEY FEES:
The issue of entitlement shall be tried in the main action. - Upon stipulation, fee affidavits are sufficient in lieu of expert testimony.

14)TESTIMONY OF CHILDREN:
Is generally not permitted and in circumstances where it is permitted it will be allowed in camera with the judge only.

15)ALTERNATIVE DISPUTE RESOLUTION vs. TRIAL:
Prefer alternative dispute resolution.

16)COURTROOM DEMEANOR COMMENTS:
- Request permission to approach the bench.
- Permission to approach the witness is required.

17)EVIDENCE:
- Evidence is to be copied and exchanged 15 days prior to trial.
- All evidence is to be pre-marked by counsel.
- After showing the exhibit to opposing counsel it may be shown to the witness without first showing it to the judge.

18) MEDIATION:
May be waived by either party.

19) COURTROOM DEMEANOR:
- Stand when addressing the court.
- Never address opposing counsel or opposing party directly. Always address statements or comments to the court.
- No "posturing" before the jury in jury trials.

20) PRACTICE AND PROCEDURE:
- Be prepared.
- Instruct client and witnesses regarding appropriate attire - business attire.