The Santa Clara County Bar Association hosted a panel event— “Meet the Civil Trial Judges”—featuring judges from the Santa Clara County Superior Court (SCCSC) civil division.
The SCCSC has been working tirelessly to reduce the court’s case backlog. Once your trial judge is assigned, expect your case to go to trial. A motion to continue trial probably will not be granted. The panel discussed Santa Clara County’s case resolution success rate, including how the judges handle cases in their courtrooms, their expectations, and preferences. This insight was invaluable, especially for young trial lawyers.
Expectations for Lawyers
Think of the courtroom as a big coloring book: The laws provide the black outline of the shapes, and the judge gets to choose what colors are used to fill in the shapes. One judge may want things done a certain way, but the next judge may want something entirely different—and it’s up to you to know where the differences lie. However, attorneys are not left in the dark. Once your trial judge is assigned, ask for a copy of the judge’s standing order.
Here are some examples of what some judges expect from lawyers in their courtroom:
- Study the Evidence Code in advance of trial. Be prepared to know how to lay the foundation for your evidence.
- Provide the judge hard copies of the case file/pleadings as soon as possible.
- Meet and confer with opposing counsel before trial to help reduce the evidence.
- Preadmit stipulated exhibits in evidence. Some judges prefer exhibits grouped by category to reduce the total number.
- File motions in limine and proposed jury instructions well in advance.
- Some judges may not find value in jury questionnaires, but others find them helpful; in some cases, they might allow counsel the opportunity to add their own questions.
- Keep voir dire as short as possible (one judge said as short as 15 minutes).
- Trial witnesses must be presentable (especially if they are appearing remotely).
- Provide remote witnesses with hard copies of marked exhibits in advance of their testimony. Some judges do not want witnesses distracted and looking at the computer screen during their testimony.
“Scout” Your Judge / Know Your Audience
Picture this: It’s day one of your first trial. You’ve briefed the case, prepared witnesses for testimony and cross-examination, and reviewed jury selection strategy. However, there is one more crucial variable to consider: the judge. What does the judge want out of you? What are the expectations and tendencies?
“Scouting” your judge, either through personal experience, anecdotal evidence from colleagues, or your own research on their tendencies, is a helpful technique for preparing yourself and your client for trial. The more information you have on the judge, the better you will make informed decisions about presenting your case. (As an aside, clients do not want to see their lawyers unprepared).
Know What to Expect
Judges are people too. They are neither your friend nor your enemy, and their goal is to oversee the trial and make sure it proceeds as fairly as possible. That said, knowing what to expect from your judge before you enter the courtroom may make all the difference in ensuring the trial goes smoothly.
Ethical Standards
If you have cases before the SCCSC, you are expected to adhere to the Santa Clara County Bar Association Code of Professionalism and the California Rules of Professional Conduct. Ethics is a key unwritten aspect of lawyering, and judges will expect you, regardless of experience, to follow them. Some judges may even impose sanctions and report lawyers in violation to the California State Bar. Details like being on time, dressing appropriately, addressing the court properly, and generally respecting the judge and court staff are essential. The legal profession relies on these ethical standards, and we all must adhere to them. By following these standards in the daily practice of law, we set the bar for how all lawyers must act.
Young lawyers should remember that understanding the rule of law and the facts of the case is only one part of the battle. Staying aware of judges’ rules and expectations will help you further prepare for trial and set yourself up for success in the courtroom.
