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Judge David Barlow

 

Practices & Procedures


1. Contact Information

A. Email:  utdecf_barlow@utd.uscourts.gov

  • Please include case name and number in the email subject line.
  • Except in rare circumstances, opposing counsel should be copied on all email correspondence with chambers.

B. Telephone:

  • While telephone calls to chambers regarding scheduling and procedural matters are permitted, emails copying opposing counsel generally are preferred.
Contact Information
Tracy Schofield, Courtroom Deputy/Law Clerk
801-524-6781
Law Clerk Cases ending with: Phone No.
Allison Gerard 1,3,5, including those with trailing 0's  (801)524-6782
Alex Jacobson 2,4,6, including those with trailing 0's (801)524-6784
Shane Smith 7,8,9, including those with trailing 0's (801)524-6783

C. Mailing Address:

  • 351 S. West Temple, Room 9.320, Salt Lake City, UT 84101
  • Copies of correspondence between counsel should not be sent to the court.

D. Courtroom:

  • Our regular courtroom in Salt Lake City is 8.100 on the southeast corner of the eighth floor. Parties are advised to check the daily court calendar to verify which courtroom we are using.

E. Faxes:

2. Hearings:

A. TRO Motions:

TRO and PI motions should be written and supported in such a way that the court can decide them on the briefing and attached evidentiary materials. The court will enter an order scheduling a hearing if it determines a hearing is needed. See DUCivR 7-1(f). Parties must comply with all provisions of DUCivR 5-3 when seeking to file evidentiary materials under seal. 

Absent extraordinary circumstances, Judge Barlow will not consider a TRO motion without allowing an opportunity for the opposing party or counsel to respond. If you seek a TRO without providing time for opposing counsel to respond, good cause must be shown in your written motion. The requirements for obtaining an ex parte TRO are set forth in Rule 65(b) of the Federal Rules of Civil Procedure.

B. Civil Motions:

Hearings are generally not scheduled until all briefing on a matter has been completed. Then, cases are typically scheduled in the order that briefing is completed. As provided in DUCivR 7-1(f), motions may be decided on the briefing alone.

C. Telephone Appearances:

All counsel and all witnesses must appear in person unless approved by the court in advance for good cause shown. In some circumstances, telephone appearances may be allowed in civil matters before Judge Barlow with the exceptions of trials, dispositive motion hearings, and evidentiary hearings. Counsel who wish to appear telephonically should move for leave to so appear. If the motion is granted, counsel should contact Tracy Schofield at 801-524-6781 to make arrangements for their appearance.

D. Courtesy Copies:

***THIS REQUIREMENT IS SUSPENDED UNTIL FURTHER NOTICE*** At the time of filing, Judge Barlow requests that each party supply one courtesy paper copy of its briefing for dispositive motions, motions for injunctive relief, motions for class certification, and any other motion which is voluminous. Please include all exhibits and an index to the exhibits. While the local court rule suggests that all courtesy copies should be delivered through the clerk's office, there may be a delay in delivery of such courtesy copies.

E. Sentencing Hearings:

Criminal defendants must be physically present in court for their sentencing hearings. A defendant's presence by video conference will not be permitted. Counsel may, well in advance of a hearing, request that travel expenses for an indigent defendant be paid under 18 U.S.C. § 4285. (link is external) Click here for a form order.

F. Courtroom Technology:

The courtroom has a full-featured evidence presentation system with audio and video conferencing. It also has wireless internet access. A document camera is available to project paper exhibits. 

G. Page Limitations:

Page limitations for motions and memoranda are set forth in the Local Rules. See DUCivR 7-1. In accordance with the Local Rules, the court will approve requests for overlength motions and memoranda only for good cause and a showing of exceptional circumstances. Any party seeking to file an overlength motion or memorandum must obtain leave of the court prior to filing the overlength motion or memorandum. As a matter of general practice, the court will strike any overlength motion or memorandum not previously authorized by the court.

3. Proposed Orders

  • Proposed orders should be submitted at the time a motion is filed. All proposed orders must be submitted in a word processing editable format (either Microsoft Word or WordPerfect). The proposed order should be emailed to utdecf_barlow@utd.uscourts.gov. If objections to the order are still unresolved, the party objecting should email the objections and that party's proposed revision of the order. All emails must be copied to all counsel. Proposed orders must refer to the docket entry number(s) for the motion(s) resolved.
  • Proposed orders should include the following signature line:

    BY THE COURT:

    _________________________
    David Barlow
    United States District Judge

  • For further information, see CM/ECF Administrative Procedures II.G.

4. Trial Procedures and Practices

A. Pretrial Orders:

Ninety (90) days prior to trial in civil cases and 4 weeks prior to a trial in criminal cases, the court will issue a Pretrial Order explaining the court's trial procedures and setting deadlines for pre-trial matters.

The stock pretrial orders for both civil and criminal trials are linked below.

Stock CRIMINAL Pretrial Order

Stock CIVIL Jury Pretrial Order

Stock CIVIL Bench Pretrial Order

B. Voir Dire and Jury Instructions:

To aid counsel in preparing for trial, the court's stock voir dire questions and stock jury instructions for civil and criminal cases are linked below.

Stock CRIMINAL Voir Dire (Word)

Stock CRIMINAL Preliminary Jury Instructions (Word)

Stock CRIMINAL General Jury Instructions (Word)

Stock CIVIL Voir Dire

Stock CIVIL Preliminary Jury Instructions

Stock CIVIL General Jury Instructions

The jury instructions are split into pre-evidence and post-evidence instructions.

C. Courtoom Practices:

5. Professionalism and Civility

Attorneys are required to conduct themselves in a professional and civil manner. Please familiarize yourself with the Utah Standards of Professionalism and Civility (link is external).

6. Employment

Judge Barlow’s full-time staff includes one courtroom deputy and three law clerks. Prospective law clerks should email a cover letter, resume, unofficial transcript, and writing sample to utdecf_barlow@utd.uscourts.gov. Only those applicants who are selected for an interview will be contacted.

Judge Barlow also accepts interns during all times of the year. Full and part-time intern positions are possible. Intern positions are only available to students who have completed at least their first year of law school. Please submit a cover letter, resume, unofficial transcript, and writing sample to utdecf_barlow@utd.uscourts.gov

Last Updated:03/24/2020