HONORABLE WILLIAM H. OVERTON

Judicial Practice Preferences
County Civil

 

1) DEPOSITION DISPUTES:
No comment.

2) UNIFORM MOTION CALENDAR:
Yes

3) UNIFORM MOTION CALENDAR PREFERENCE:
Contested and uncontested so long as the hearing does NOT last longer than 10 minutes and is non-evidentiary.

4) TELEPHONIC HEARINGS:
Are allowed.
- Set forth in the notice of hearing.
- An attorney may attend in person.
- Evidentiary matters WILL be considered ONLY IF filed prior and given to opposing side.
- The party filing the notice shall be responsible for getting each participant on the 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.

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, allow 2 trials in one week.

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

11) VOIR DIRE:
Judge Overton 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.
- 3 for all plaintiffs and 3 for all defendants if stipulated.

13) RESPONSE FROM COUNSEL WHEN BAILIFF BRINGS JURY IN:
Counsel to stand.

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

15) ATTORNEY FEES:
- All issues regarding attorney's fees shall be left for subsequent hearing.
- Fee affidavits are sufficient in lieu of expert testimony.

16) MARKING EVIDENCE TO BE USED AT TRIAL:
- Prefers that ALL evidence be copied and exchanged 5 days prior to trial.
- Prefers that ALL evidence be marked with the clerk in advance of its intended use.

SHOWING TANGIBLE EVIDENCE TO THE COURT:
- After showing it to opposing counsel, the attorney may then show the exhibit to the witness without showing Judge first.

17) MEDIATION:

ALWAYS required before jury trial.

18) COURTROOM DEMEANOR COMMENTS:
No comment.

19) OTHER PRACTICE AND PROCEDURES POINTERS:
No comment.