S.D. 1st Jud. Cir., Judge Tami Bern Preferences

CIRCUIT JUDGE PREFERENCES:

Judge Tami Bern

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.

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. Other: For perfunctory matters and hearings four

hours or less, email clerk with cc: to other attorneys of record. For other

hearings, email court recorder with cc: to clerk and other attorneys of

record. Other attorneys of record must always be cc: for scheduling

requests. Motions to compel discovery are only set by the court after

compliance with the court's discovery pleading requirements, a copy of

which may be obtained by the clerk.

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 via email.

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?

Yes.

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

legal issues be submitted to you in writing? Yes. Notice court by email

of agreement and submit stipulation and order via odyssey

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

Court directly with cc: to other attorneys of record.

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

pretrial conferences? No. Pretrial conference is not required, however,

discovery must be completed before a trial date will be set. Court

recorder will prepare and enter pretrial order which will contain

deadlines and court requirements.

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. Pre-trial brief setting forth expected

facts, legal issues and argument.

14. How do you conduct voir dire? Court conducts a brief voir dire as to

legal qualifications for service. Counsel conducts the remaining voir dire.

15. Do you require a pretrial brief? Yes. For court trials pursuant to the

requirements set forth in the court's pretrial order.

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? Motions for custody or modification of

custody will be scheduled only after mediation and receipt of a home

study unless waived by the court. Motions for temporary relief in divorce

and/or custody matters are heard by affidavit only and scheduled for 30

minutes. The notice of hearing must advise that the motion will be

considered by affidavit only and must state that opposing affidavits must

be filed and served not later than five days before the hearing. A reply

affidavit by the moving party may be filed and served not later than two

days before the hearing. Each side is limited to five affidavits of

reasonable length.

CRIMINAL SCHEDULING AND PRACTICE

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

other than in open court? Contact state's attorney.

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? For not guilty pleas, counsel must

submit the Written Arraignment and Plea of Not Guilty form as well as

the Motion for Discovery form. Both forms are available from the State's

Attorney or clerk.

COURTROOM PROTOCOL

24. Does the Court prefer that lawyers:

a. Stand when addressing the court: No.

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? No Response.

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 up affidavits only and scheduled for not more than 30

minutes. Leave of court is required to submit more than five affidavits, all

of which must be reasonable in length. Notice of hearing for temporary

matters must advise that the motion is considered by affidavit only

which must be filed and served not later than five days before the

hearing. A reply affidavit by the moving party may be filed and served not

later than two days before the hearing. The notice must provide that not

more than five affidavits of reasonable length will be received by either

party absent leave of court. Motions for custody or modification will not

be scheduled prior to mediation and a home study unless waived by the

court.

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: No.

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? Email to court and submission of stipulation

and order via odyssey.

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)

a. Separate tables for counsel: Yes.

b. Accessibility for attorneys, parties and witnesses who use

wheelchairs: Yes.

c. Podium: Yes.

d. Microphone system: Yes.

e. Photocopier: Yes.

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

g. Screen for video presentation: Yes, however, counsel - not the clerk

or UJS staff - is solely responsible for determining accessibility and

compatibility with your system. You should ascertain IN ADVANCE

that your presentation will work.

h. Computer or television for video presentations: Television.

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

attorneys practicing in your court to know? No Response.