THE HONORABLE ROBERT P. COLE


Judicial Practice Preferences
County Civil





1) DEPOSITION DISPUTES:
Handle immediately if possible.

2) UNIFORM MOTION CALENDAR:
Yes, interested, however it sounds like the state or defense might not have enough notice to prepare adequately.

3) UNIFORM MOTION CALENDAR PREFERENCE:
Contested and uncontested so long as the hearing does not last longer than 10 minutes.

4) TELEPHONIC HEARINGS:
Are allowed.
- MUST be set forth in the notice of hearing.
- An attorney may attend in person.
- Evidentiary matters WILL be considered.
- The party filing the notice shall be responsible for getting each participant on line BEFORE calling the Judge.

5) PROPOSED ORDERS:
MUST be pre-approved by opposing counsel BEFORE forwarding to the Court, AND so stated in the cover letter.
CAN forward to the court and copy opposing counsel for any
objections within 5 days.
Sometimes court will prepare final judgments for uncontested small claims and county civil claims.

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

7) PRETRIAL STATEMENTS:
No particular form required, so long as statement of facts,
intended evidence and expected witnesses are listed.

8) MOTIONS IN LIMINE:
To be scheduled for pre-trial.
To be heard morning of trial.

9) TRIAL SCHEDULING:
Yes, protect counsel until given date.
Yes, allow 2 trials in one week.

10) VOIR DIRE FORMAT:
Entire panel is questioned in the gallery.

11) VOIR DIRE:
May initiate voir dire questions to be followed by counsel.

12)PEREMPTORY CHALLENGES:
Generally 3 per party with total of plaintiff to match total of defense.


13) RESPONSE FROM COUNSEL WHEN BAILIFF BRINGS JURY IN:
Up to counsel.

14) COURTROOM TRIALS--REQUEST PERMISSION FOR THE FOLLOWING:
To approach the bench.

15) ATTORNEY FEES:
All issues regarding attorney's fees shall be left for subsequent hearing.

16) MARKING EVIDENCE TO BE USED AT TRIAL:
Prefer evidence be marked ahead of time if referring to it.
Not necessary to show it to Court before witness.

SHOWING TANGIBLE EVIDENCE TO THE COURT:
This question was omitted from Judge Cole's survey sheet.

17) MEDIATION:
This question was omitted from Judge Cole's survey sheet.

18) COURTROOM DEMEANOR COMMENTS:
- Polite.
- Conversational tone of voice.
- No bantering back and forth between lawyers.

19) OTHER PRACTICE AND PROCEDURES POINTERS:
No comment.