S.D. 4th Jud. Cir., Judge Eric J. Strawn Preferences

CIRCUIT JUDGE PREFERENCES:

Judge Eric J. Strawn

ATTORNEY CONTACT

1. Generally, how do you prefer attorney contact? U.S. Mail.

2. How do you prefer to receive briefs? Email with hard copy also sent via

U.S. Mail.

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? Contact Clerk of Courts and attorney may

schedule and notice other attorney.

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? Clerk of Courts.

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. Email submissions are

allowable; however I will not entertain holding a quasi motions hearing

via email. If there is not 100% agreement, then submit a motion and

notice of hearing.

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

motion for scheduling and set for a motions hearing.

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

pretrial conferences? Yes. Scheduling and time.

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? No.

14. How do you conduct voir dire? I allow the Attorney's to inquire. I let

them be lawyers.

15. Do you require a pretrial brief? Yes. Pretrial briefs are important for me

to follow, but more so for the attorney to know his/her case.

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

court trial? Yes. Over time and easing into this position, pretrial FoF &

CoL are important for me and for the attorneys.

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

you conduct civil matters? No Response.

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? No.

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? Should the matter move to sentencing,

have your client prepared to be incarcerated on the day of sentencing.

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? Yes.

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

preferred courtroom protocol? Parties are not allowed to have cell

phones on and in the Court room. If the Attorney does, please ensure it is

on vibrate/silent mode.

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? Custody

trials/hearings are extremely emotional for the parties. As professionals

we all must maintain our professional demeanor toward the parties and

the Court.

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

30. Do you require:

a. Pre-trial conference: Yes.

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: Yes.

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

prefer attorneys proceed? Submit an email explaining the joint

agreement and submit in Odyssey.

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

you conduct domestic cases? Please don't forget to give enough time

to prove up the property distribution side of a divorce where custody

tends to take the majority of time.

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 for the court and witnesses.

e. Photocopier: No.

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

g. Screen for video presentation: No.

h. Computer or television for video presentations: No.

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

attorneys practicing in your court to know? It is my desire the

Attorneys put on their case without any interference from the Court. To

allow the Attorney's to do their work properly, the Attorney must ensure

they are prepared to prove up their case. I look forward to seeing you in

court.