Hon. Paul Stutesman is a judge for the 45th Judicial Circuit for St. Joseph County, Michigan. He was appointed to the court by former Governor Jennifer Granholm in 2005.
For attorneys who have never been to your court, what is your check-in process?
Most civil cases are conducted on Zoom unless there are evidentiary issues. For criminal cases, we take them according to the docket. We schedule each case individually, so, for example, we don’t have 15 cases set at 9:00 a.m.
When is your motion call? Are there a maximum number of motions heard during motion call?
All motions should be set with our court administrator. She will need to know what the motion is and how long you think it will take. If testimony is going to be needed, then we give those cases more time. We will fill the schedule giving each case the time it needs.
Should proposed orders be submitted to the clerk before argument? Do you expect orders to be drafted in court, and, if so, are there computers for drafting them?
We use an electronic management system, so if you do send in a proposed order, mark it as such so it will be in the file or attach it to your pleadings. We will provide a blank order form for any orders that need changes as long as the parties are in court.
How should stipulated orders be submitted?
Make sure the stipulation is included in the filing or the order contains the signatures of the parties. Just send it to our clerk’s office or email it.
Who makes up your judicial staff and what roles do they play?
Our court administrator handles all scheduling along with the administrative duties involved in the position. I also have a court recorder/judicial secretary who can assist with scheduling and is the person to contact with requests for transcripts.
What types of pretrial conferences do you hold and what happens at them?
We schedule a pretrial conference after all defendants have filed an answer. I ask that the attorneys who are handling the case be on the Zoom call. We will discuss the needs for each case and decide how long discovery will take. I will have reviewed the complaint and the answer along with the status of disclosures having been filed.
What types of matters/motions are held via Zoom and which are held in person?
I comply with the Michigan Court Rules. Civil cases will be done on Zoom unless there is the need for an evidentiary hearing. Criminal cases are in person unless counsel is from out of the county and the case will not be resolved at that hearing, but they must clear it ahead of time.
What are some components of an argument (either in a brief or oral argument) that you find compelling or persuasive?
Arguments that accurately recite the facts are powerful. Misstatements or shading will not be helpful. Also, don’t say, “It is obvious that the answer is ___.” That makes it awkward when I don’t find it obvious.
What procedural issues/disputes should be worked out between the parties before involving you?
I assume that if the issue could have been resolved before court, it would have been. Contact the other side and seek concurrence before filing a motion.
What are some common mistakes lawyers make in your courtroom, either while appearing in person or remotely?
Losing their composure, talking over each other, being disrespectful. Make sure you have a good Wi-Fi connection and know how to use Zoom. Make sure your clients follow the same rules.
What do you think is the most commonly misinterpreted court rule or rule of evidence?
Hearsay exceptions and the proper application of MRE 404(b).
What is an example of a time a lawyer impressed you?
I had a civil trial where the attorney had each witness’s video deposition testimony organized so he could ask them a question and within seconds could then play the testimony to either refresh the witness testimony or impeach them. It involved hours of deposition testimony and the portions played were exact—no fumbling to find the beginning or when to end. This was much better than just reading the transcript, especially when the body language differed from what was said.
What is something interesting you do off the bench?
I don’t know how interesting it is, but I try to stay current on all court technology and take online classes to improve my skills. I enjoy working with the Michigan Judges Association (MJI) and am involved in a lot of state workgroups, teaching at MJI events, and attending classes with the National Judicial College. I have also been known to enjoy a cigar with a group of friends on Saturday mornings and have some incredible conversations.
Is there anything else you would like Michigan lawyers to know?
Be respectful to court staff. They are an integral part of the judicial system, and we work as a team.