S.D. 3d Jud. Cir., Judge Carmen A. Means Preferences

CIRCUIT JUDGE PREFERENCES:

Judge Carmen Means

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? Yes, via email with hard copy also sent via U.S. Mail.

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.

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

upon in briefs or motions? Yes.

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?

No.

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

legal issues be submitted to you in writing? Yes. Deposition testimony

and other records that are stipulated to for admission need not be

submitted in writing. However, if there is something that needs to be

reviewed by the Court for purposes of decision making, those materials

should be submitted.

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. I do not require but do encourage pre-trial

conferences in all civil matters. Any evidentiary issues should be

addressed at the pre-trial conference and proposed instructions should

be submitted by the day of the pre-trial conference.

12. Do you have a standard pretrial order? No.

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

your jury trial expectations? Yes. If a civil court trial is being held, I will

review the file in advance, but any elements of claims that are being

asserted is requested prior to trial. I prefer to have an opportunity to

review any custody evaluations prior to a custody trial and would

appreciate the attorneys submitting that to me.

14. How do you conduct voir dire? In both civil and criminal trials, the

court's voir dire is only on scheduling issues and legal qualifications of

juror. Attorneys are instructed to ask questions of the entire panel and

then follow up with jurors that respond instead of directly questioning

individual jurors. If counsel wants leave of the court to ask individual

jurors questions, that request should be made before trial begins.

15. Do you require a pretrial brief? No.

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

court trial? No. I typically direct the prevailing attorney to prepare the

court's findings and conclusions. There are instances that I will have

counsel submit their proposed findings to the court via email so that the

court can prepare its own document.

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

you conduct civil matters? If you submit an order to me via Odyssey file

and serve, I will assume that order and its language have been agreed to

by the parties. If you are submitting an Order via Odyssey that is

contested, I require the attorneys to alert me to that fact via email prior to

the Order being filed.

CRIMINAL SCHEDULING AND PRACTICE

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

other than in open court? Contact Clerk of Courts and attorney may

schedule and notice other 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? Yes.

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.) My typical policy is that I do not grant a suspended

imposition of sentence on a felony DUI case.

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

you conduct criminal matters? I prefer, but do not require a written plea

agreement in criminal matters.

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: No.

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

No.

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? I am not terribly formal in my court

sessions. I prefer to address parties by their first names when appropriate.

I prefer attorneys to ask parties how they would like to be referred to

during examination.

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? My policy is that I will

speak to the children only if neither parent objects. When I speak to

children in chambers, only the court, the children and the court reporter

are present. I prefer to leave matters of children's preference to a custody

evaluator when possible, but I recognize that this is not always possible.

29. Do you have a standard pretrial order? No.

30. Do you require:

a. Pre-trial conference: No.

b. Pre-trial mediation: No.

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? I leave that to the judgment of attorneys. If a

record is needed, I will be available to make a record. If attorneys do not

feel that is necessary, I am fine proceeding without a record.

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: Imperfect, but yes.

c. Podium: Yes.

d. Microphone system: Yes.

e. Photocopier: In locked hallway that staff can access.

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

g. Screen for video presentation: Yes.

h. Computer or television for video presentations: Yes.

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

attorneys practicing in your court to know? No Response.