S.D. 1st Jud. Cir., Judge Cheryle W. Gering Preferences

CIRCUIT JUDGE PREFERENCES:

Judge Cheryle W. Gering

ATTORNEY CONTACT

1. Generally, how do you prefer attorney contact? Email.

2. How do you prefer to receive briefs? Email.

3. Would you like to receive copies of pleadings and affidavits related to

a brief or motion? No Response.

4. How do you prefer to receive proposed orders? Odyssey file and serve.

CIVIL SCHEDULING AND PRACTICE

5. What is the preferred method for setting a civil motions hearing,

other than in open court? Email court reporter with cc: to other

attorneys of record. Please include county, case number, and case name.

6. Do you want courtesy copies of the main statutes or cases relied

upon in briefs or motions? No.

7. Who should be contacted to request/schedule a telephonic

appearance? Court Reporter.

8. Do you require a motion or want some form of notice if the parties

have stipulated to an extension of a deadline in a scheduling order?

No.

9. Should stipulations between counsel on evidentiary issues and/or

legal issues be submitted to you in writing? Yes, via Odyssey file and

serve.

10. What is the preferred method for scheduling a civil jury trial? Email

court reporter with cc: to other attorneys of record.

11. Do you require pretrial conferences and what agenda do you have for

pretrial conferences? Yes. Pretrial conferences will usually be required

for jury trials and are scheduled four to six weeks prior to trial.

12. Do you have a standard pretrial order? Yes.

13. Do you have any requirements for court trials that are different from

your jury trial expectations? Yes. Pretrial conferences will be required for

civil court trial not including custody/divorce.

14. How do you conduct voir dire? With agreement of parties, court may

ask general qualification questions. Majority of voir dire done by counsel.

15. Do you require a pretrial brief? Yes, if dispositive motions have not been

filed.

16. Do you require pretrial findings of fact and conclusions of law in a

court trial? No.

17. Is there anything else you would like attorneys to know about how

you conduct civil matters? Always contact the court reporter to

schedule any hearings over 15 minutes, all trials, or any hearing not on a

regular motion day.

CRIMINAL SCHEDULING AND PRACTICE

18. What is the preferred method for setting a criminal motions hearing,

other than in open court? Email court reporter with cc: to other

attorneys of record.

19. What is the preferred method for seeking a reset of a routine criminal

court appearance? Contact State's Attorney and reset by agreement of

counsel.

20. When a suppression motion is filed, do you require or request a pre-

evidentiary brief to lay out the issues to be argued? Yes

21. Do you have any standard sentences or sentencing policies of which

attorneys should be aware? No.

22. If answer to previous question is yes, please provide examples. (e.g.,

no suspended imps in certain situations, fine paid in full on day of

sentencing, etc.) No Response.

23. Is there anything else you would like attorneys to know about how

you conduct criminal matters? Court prefers defendant to be in court to

waive 180 days, but written waiver can be used.

COURTROOM PROTOCOL

24. Does the Court prefer that lawyers: Yes.

a. Stand when addressing the court: Yes.

b. Ask permission to approach an adverse witness: Yes.

c. Ask permission to approach their own witness: Yes.

d. Ask permission before moving about the well of the courtroom:

Yes.

e. Ask permission to publish an admitted exhibit to the jury: Yes.

25. Do you allow lawyers to have cell phones in your courtroom? Yes.

26. Do you mind if lawyers check email, etc while waiting in the gallery

for their case to be called? No.

27. Is there anything else you would like attorneys to know about your

preferred courtroom protocol? All cell phone and electronic devices

must be silenced. No recording is allowed. No electronic devices can be

accessed/used by counsel or parties during the hearings or trials without

court permission.

DOMESTIC CASES

28. Are there any special issues that arise in your courtroom in domestic

cases that you would like the Bar to be aware of? Temporary orders

are determined based upon affidavits.

29. Do you have a standard pretrial order? Yes.

30. Do you require:

a. Pre-trial conference: No.

b. Pre-trial mediation: Yes.

c. Asset/Debt spreadsheet (if so, please provide a copy of the required

form): Yes.

d. Pre-trial brief: Yes.

e. Pre-trial submission of proposed Findings of Fact and

Conclusions of Law: No.

31. If the parties stipulate to temporary or final matters, how do you

prefer attorneys proceed? Submit written stipulation/agreement and

proposed order to court on temporary matters. If partial agreement as to

final matters, agreement can be stated on the record by the parties at

the start of trial.

32. Is there anything else you would like attorneys to know about how

you conduct domestic cases? No Response.

COURTHOUSE

33. Does your courtroom/courthouse have any of the following: (please list

all applicable counties). No Response.

a. Separate tables for counsel:

b. Accessibility for attorneys, parties and witnesses who use

wheelchairs:

c. Podium:

d. Microphone system:

e. Photocopier:

f. Free internet access or law library for visiting lawyers:

g. Screen for video presentation:

h. Computer or television for video presentations:

34. Is there anything not previously addressed that you would like

attorneys practicing in your court to know? The resources of each

courthouse/courtroom vary. Please contact Court Administration and/or

the Clerk of Court's offices to inquire or to make a request to view a

courtroom