Category Archives: TRIAL ISSUES

WEAPONS AND HAZARDOUS EXHIBITS IN THE COURTROOM POLICY (14-03)

SAMPLE POLICY: The enclosed sample policy is designed to cover most trial situations in which a firearm, weapon or hazardous material is somehow involved. By requiring the party intending to use or display the weapon (or hazardous material) to notify the court prior to trial, the presiding judge can modify this policy to address any circumstance not specifically covered by this policy.

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Pendleton Update 14-3

ORDERING SUMMARY JUDGMENT “SUA SPONTE” THE MORNING OF TRIAL 14-01

QUESTION: Prior to commencement of a civil trial, during discussion between the court and counsel, the court determines that there are no material issues of fact for the court or jury to decide. Does the trial court have inherent authority to grant summary judgment on its own motion the day of trial without notice to the parties as required by Minnesota Rule of Civil Procedure 56.03?

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Pendleton Update 14-1

 

 

OFFICIAL COURT REPORTERS – TEN BASIC RULES EVERY JUDGE SHOULD FOLLOW (13-12)

Other than a spouse or family member, there are few people judges spend more time with than their court reporters. The personal and professional relationship between a judge and their court reporter is extremely unique. In addition to being responsible for maintaining the official court record, court reporters are also privy to highly confidential and sensitive material. Court reporters are highly trained dedicated professionals and deserve to be treated as such. The following is a list of ten (10) personal and professional practices to help new judges develop a relationship with their court reporter that is based on mutual trust and respect.

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Pendleton13.12-Official_Court_Reporters

Ordering Defendants to Wear Restraints During Trial (13-05)

QUESTION: Under what circumstances can the court order a defendant to wear restraints (e.g. leg restraint not visible to the jury, etc.) during trial and what nine (9) factors should the court consider in reaching a decision?

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PendletonUpdate13-05

Jury Selection “Batson” Challenge (13-02)

QUESTION: You’re In The Middle Of Jury Selection When One Party Raises A “Batson” Challenge. What Three-Step Analysis Must You Follow To Properly Rule On The Challenge? Does “Batson” Prohibit Both Racial and Gender Discrimination?

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Pendleton13.02 Batson Challenge-replaces 10-10