S.D. 5th Jud. Cir., Judge Richard Sommers Preferences

CIRCUIT JUDGE PREFERENCES:

Judge Richard A. Sommers

ATTORNEY CONTACT

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

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

4. How do you prefer to receive proposed orders? Email with hard copy

also sent via U.S. Mail.

CIVIL SCHEDULING AND PRACTICE

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

other than in open court? Attorney conference call with Court

Administration and all attorneys must agree to date.

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.

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

Attorney conference call with Court Administration and all attorneys

must agree to date.

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

pretrial conferences? No.

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? No.

14. How do you conduct voir dire? I ask general preliminary questions and

then turn it over to attorneys.

15. Do you require a pretrial brief? Yes.

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? Respondent skipped this question.

CRIMINAL SCHEDULING AND PRACTICE

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

other than in open court? Attorney conference call with Court

Administration and all attorneys must agree to date.

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) Respondent skipped this question.

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

you conduct criminal matters? Respondent skipped this question.

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:

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? Respondent skipped this question.

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? Respondent

skipped this question.

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

30. Do you require:

a. Pre-trial conference: Yes

b. Pre-trial mediation: No

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? Written stipulation with order attached.

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

you conduct domestic cases? Respondent skipped this question.

COURTHOUSE

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

all applicable counties)

a. Separate tables for counsel: No

b. Accessibility for attorneys, parties and witnesses who use

wheelchairs: Yes

c. Podium: Yes

d. Microphone system: Yes

e. Photocopier: No

f. Free internet access or law library for visiting lawyers: No

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? Respondent skipped this

question