In Minnesota, there are nearly 300 district court judges who preside over matters in ten judicial districts. While the Minnesota Rules of Court provide attorneys with significant information applicable to court proceedings, each judge may have his or her individual preferences with respect to motion practice and courtroom conduct.

In an effort to assist attorneys who may be appearing before a judge for the first time, the MSBA Civil Litigation Section Governing Council provided all district court judges with a brief survey. The responses that we received are organized on the right by judicial district and then alphabetically by judge’s name. We hope you find these responses to be helpful in your preparation for district court appearances.

For information about this project or to report an error in any judicial directory listing, contact Kara Haro, MSBA staff liaison to the Civil Litigation Section.


Fifth Judicial District Judges | Courtroom Preferences

Timmerman, Troy

TroyTimmermanDistrict Court Judge

Counties: Faribault
State Court Bio: View Bio

Contact with chambers:

  • Set forth your preferred method to contact chambers (telephone, e-mail, etc.). E-mail
  • To whom may attorneys direct scheduling/logistical questions?  My Court Reporter, Angie Doyle
  • To whom may attorneys direct substantive questions?  My Law Clerk

Motion Practice:

  • Set forth your practices and procedures for scheduling motion hearings. Obtain a date and time from court administration and otherwise comply with the rules.
  • Identify any type of motion for which you do not require a hearing. I frequently address motions for a continuance without a hearing. If I have concerns, I will schedule a phone or zoom conference.
  • Do you accept telephone calls from attorneys to rule on discovery disputes that occur during depositions? Yes
  • How much time do you allot for motion hearings? That will depend on the number of parties and issues. Some hearings can be completed in 15 minutes. Others take longer. Court administration tries to determine the amount of time needed when scheduling the motion.
  • Set forth your practices and procedures with respect to attending a hearing by telephone or video conference. If the motion is contested, I prefer the attorneys to appear in person. Since the COVID19 outbreak we have used Zoom and that has worked well. If attorneys wish to appear by telephone or through Zoom they should make a written request stating the reason
  • Set forth your practices and procedures with respect to discovery motions. Standard procedures.
  • Set forth your practices and procedures with respect to stipulations of the parties, including stipulations for protective orders. I will review a written stipulation signed by the parties. If I have questions I will schedule a phone conference.
  • Do you have particular requirements or procedures relating to requests to amend the scheduling order? No
  • Set forth your practices and procedures with respect to default proceedings. That will depend on the nature of the proceeding. Generally I prefer that the attorney call a witness to prove up the facts.
  • Set forth your practices and procedures with respect to handling emergency motions. I would rather handle an emergency motion by phone or video conference as opposed to an ex parte motion.

 

Written submissions:

  • Do you want to receive paper courtesy copies of the parties' written submissions? If you do, set forth the number and preferred format of courtesy copies and identify any document type you do not want to receive. No.

     

    In-court proceedings:

  • Set forth your practices and procedures with respect to attorney's use of technology in the courtroom and during trial. Attorneys should make an appointment prior to trial to test their technology in the court room prior to the trial.
  • Set forth your practices and procedures with respect to the submissions of additional legal authority or other materials at or after oral argument. If necessary, I would leave the record open with a time for response from the other side.
  • Do you permit parties to bifurcate oral argument so different attorneys address different legal issues? Yes

 

Pretrial procedures:

  • Describe your preferred procedures for pretrial settlement conferences, including the timing of such conferences, persons who must attend, whether persons may attend by telephone or video conference, and how you participate in settlement discussions. I prefer the pre-trial two weeks prior to trial. Attorneys and parties with settlement authority should attend. Telephone and video appearance may be granted depending on circumstances. I will participate in settlement discussions if asked but otherwise I trust the attorneys have explored settlement sufficiently.
  • Set forth your practices and procedures for handling motions in limine. I prefer those to be brought at or before the pre-trial.
  • What is your schedule for a typical trial day? Commence trial at 9:00 am. Breaks as needed. Depending on progress of case, I try to release jurors between 4:30 and 5:00.
  • Set forth your voir dire procedures. I conduct preliminary voir dire. Then allow the attorneys to proceed. Typically we have a podium in place to appropriately distance attorneys from jury box. Attorneys will wear a microphone during voir dire.
  • Set forth your practices and procedures with respect to courtroom decorum, including movement in the courtroom, use of a podium, whether attorneys should sit or stand, and how to address witnesses. Attorneys should request to approach the witness. A podium is used during voir dire, opening and closing. I prefer attorneys to remain close to podium. When questioning witnesses, the attorneys should sit. When addressing the Court they should generally stand. Address witnesses with Mr., Ms., and other titles as appropriate.
  • Do you impose time limits with respect to opening statements and closing arguments? Depends on the proceeding.
  • Identify your practices with respect to the use of technology in the courtroom during trial. We would discuss that prior to commencement of trial.
  • Set forth your practices and procedures with respect to marking and using exhibits. Pre-mark exhibits. Use numbers.
  • Set forth your practices and procedures for handling objections. State objection without argument. If I want clarification I will ask.
  • Set forth your practices and procedures with respect to the use of deposition testimony. The manner in which deposition testimony will be used should be discussed at the pre-trial.
  • May attorneys obtain daily transcripts during trial? If so, what procedure should attorneys follow? Generally no. If there is a particular need they can make a request of the court reporter.

     

    Other matters:

  • Set forth any other preferences, practices, or procedures attorneys and parties may find helpful. I typically read everything prior to a motion hearing. If I have not read everything, I will let you know. There is no need to repeat verbatim the filed memorandum. I will likely ask questions after the attorneys present their arguments.