MAGISTRATE JUDGE SAMUEL ALBA

Practices & Procedures

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Communication w/Chambers | Hearings | Courtroom Decorum

These practices are applicable to matters before Magistrate Judge Alba if the matter is within the scope of the District Judge's Order of Reference or if the case is before Magistrate Judge Alba pursuant to the parties' consent under 28 U.S.C. § 636(c). Otherwise, the practices of the District Judge to whom the case is assigned apply.

1. Communication with Chambers

A. Telephone Calls.

Calls to chambers are permitted.

B. Faxes.

Faxes are not permitted without prior authorization from chambers. If authorization is obtained, copies are to be delivered to all counsel. The original is to be virtuald with the clerk's office.

C. Letters.

Copies of letters to chambers shall simultaneously be delivered to all counsel. Copies of correspondence between counsel shall not be sent to the court.

2. Hearings.

A. Initial Pretrial Conferences.

Pretrial (IPT) Scheduling Conferences are set to ensure a civil case is scheduled. The standard forms on the court's web site should be used. At the same time the Attorney Planning Meeting Report is virtuald, a draft Proposed Scheduling Order should be e-mailed to ipt@utd.uscourts.gov. If both the stipulated Attorneys' Planning Meeting Report and draft Proposed Scheduling Order are timely received, a scheduling order may be entered without a hearing.

B. Criminal Pretrial Conferences.

Criminal pretrial are conducted on a rotating schedule by the Magistrate judges.

C. Oral Argument on Motions.

If deemed necessary or requested by counsel, hearings on fully- briefed motions will be scheduled. Parties will be notified of hearing dates and times. If parties have questions concerning scheduling, they should contact chambers.

D. Phone Participation at Hearings.

As a matter of course, telephone participation by counsel at hearings is not generally permitted. Under certain circumstances, the court may consider counsel's request to appear by telephone; however, they will not be permitted to argue the motion.

3. Courtroom Decorum.

A. Addressing Parties in Court.

• Counsel should stand when addressing the court.
• Counsel should address parties and counsel by their last names, i.e., Mr. Jones.
• Counsel are to address the court one at a time.

B. Electronic Recording.

Unless otherwise requested, all hearings are electronically recorded. Parties should speak loudly and clearly to allow for maximum recording. If a transcript of a hearing is needed, contact Alpha Court Reporting Service at (801)531-5645. You will need to provide them with the date and time of the hearing, along with the case name and number.

C. Cellular Telephones, etc.

All electronic devices, audible pagers, cellular phones, etc., are to be turned off in the courtroom. Please notify your clients and witnesses of this request.