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Judge David Nuffer

Chambers Staff
David Nuffer 
 

Anndrea Sullivan-Bowers, Courtroom Deputy

Case Assignments

Law Clerk Cases ending with:

Andrew Munson       Salt Lake City

 

Civil cases ending with 3, 4, and 5.
All patent and admiralty limitation/exoneration cases regardless of terminal digit.
All criminal cases heard in Salt Lake City.
Administrative and policy matters. 

Jace Willard               St. George

Civil cases ending with 6 (preceding even digit), 7, 8, and 9.
Criminal cases heard in St. George ending with 5, 6, 7, 8, and 9.

Brett Ekins
St. George

 

Civil cases ending with 0, 1, 2, and 6 (preceding odd digit).
Criminal cases heard in St. George ending with 0, 1, 2, 3, and 4.

 

 

Notice: Judge Nuffer now resides in Washington County and is currently assigned all civil and criminal cases in the Southern Region of the Central Division of the District of Utah.  See information on the St George Courthouse

Please e-mail inquiries to dj.nuffer@utd.uscourts.gov

If your question is on a specific case, please put the case name and number in the Subject line.  Your e-mail should show a copy sent to all counsel. 
Find lawyers' e-mail addresses at the Utah BarLawyers.com or by using the 'Mailing Info For a Case Utility' in CM/ECF (under Utilities).

Our goal is 1 working day response to all e-mail.

Journalists who desire to use electronic devices in the courtroom should use this form.

Contact Information, Practices & Procedures and Resources

Contact Information

Motions Ready for Decision

Trial Information and Forms

Suggestions for Writing

Hearings On Motions

Professionalism & Civility

Civil Motions    Expedited Treatment

Changing Hearing Dates

Employment and Externships

Motions to Continue in Criminal Cases (Template Order)  Day calculator

Proposed Orders    Signature Line

Resources - FAQ, CLE, Technology, etc.

Accelerating Sentencing Hearings; Pre Sentence Reports

Sentencing Hearings South Region Forms

 

Contact Information:    

E-mail:  dj.nuffer@utd.uscourts.gov.  Our goal is same-day response. Please include case name and number in the email subject line, and show a copy sent simultaneously to all counsel.  Find lawyers' e-mail addresses at the Utah Bar or Lawyers.com or using the Mailing Info For a Case Utility in CM/ECF.

Telephone:(801) 524-6150.  

We do our best to cover the phone from 8:30 a.m. to 4:30 p.m. but may be in court.  All counsel should conference together before calling the court.  Please help us avoid ex parte contact.

Mailing Address:

206 West Tabernacle Street, St. George UT 84770 for most matters.

351 South West Temple, Room 10.220, Salt Lake City, UT  84101 

Copies of correspondence between counsel should not be sent to the court.

Courtroom 

Our regular courtroom in Salt Lake City is 7.200 on the southwest corner of the seventh floor.  Our regular courtroom in St. George is 2B on the west end of the second floor.  Be sure to check the daily court calendar because we sometimes trade courtrooms.

Courtesy Copies:

We generally do not need courtesy copies.  Electronic filers under CM/ECF can be assured that chambers receives the Notice of Electronic Filing for all unsealed documents and retrieves documents filed and served in that manner within 24-48 hours of filing. If you feel a courtesy copy would help chambers, such as large exhibits or binders with tabs please deliver one.  While the local court rule suggests that all courtesy copies should be delivered through the clerk's office, there are frequently delays in delivery of such courtesy copies.  E-mail any document filed in paper (including all conventionally filed sealed documents) to dj.nuffer@utd.uscourts.gov

Faxes: 

We do not accept material via fax. Please scan, OCR and email to dj.nuffer@utd.uscourts.gov.

Suggestions for Writing

Judge Nuffer's chambers staff all read materials in electronic format, so his Suggestions for Accessible Documents (and the related PowerPoint Creating Accessible Documents) are very important. He also follows the recommendations of Bryan Garner for improved legal writing style (pdf document) by putting citations in footnotes and eliminating substantive footnotes. Also, please see Judge Nuffer's materials on Effective Legal Writing.

Civil Motions:

Judge Nuffer adopts the Short Form Discovery Motion procedure in all his cases. If such a motion is filed in a case not yet referred to a magistrate judge, the case will be referred immediately.

Some civil motions will be decided without hearing, unless they are clearly case-dispositive or there is some extraordinary deficiency in the papers submitted.  At times, a  request for further information will issue, with or without a notice of hearing, to ensure the record is complete.  Emailed courtesy copies of sealed motion papers are greatly appreciated.  

If expedited treatment of a motion is desired, counsel should secure consent of counsel to an expedited schedule or move for an expedited schedule, submitting a proposed order for expedited treatment.  Orders for Expedited Treatment of Motion Sample 1   Sample 2   

In CM/ECF, be sure to specify that the motion seeks to Expedite, as well as seeks the relief sought.  (Control-click to select all applicable types of relief.)

Description:

Please contact the Case Manager at (801) 524-6150 regarding emergency motions.  The Case Manager will often direct that all counsel join in a telephone conference at a specified time, and may direct that an e-mail summary be provided.

Motions Ready for Decision:

We make every effort to track motions and attend to them when the prescribed periods of briefing have elapsed.  We may, however, err in tracking time periods, so please e-mail us if you are concerned about a possible oversight.  If parties agree to extend time for briefing, please notify the court.  And if no response or reply memorandum will be filed, a notice to that effect is appreciated.  

 Accelerating Sentencing Hearings; Pre Sentence Reports:

Sentencing without Presentence Report; or with Accelerated Presentence Report.

Requests for a sentence hearing without a presentence report or an accelerated report should generally be made by written motion, with a clear statement of reasons.

Counsel sometimes request a plea and sentence hearing, or an accelerated sentence hearing close to the time of a plea. Presentence reports have considerable value to the court and to the defendant. They travel with the defendant through the Bureau of Prisons experience and afterward in formulating treatment and evaluating progress on release.

A sentence hearing without a presentence report may result in a sentence that is hard to defend under 18 USC 3553(a). The judge cannot take the guidelines into account if they are not known at sentence. In at least one instance, a presentence report gave a guideline range over two times greater than the range the parties assumed in setting their 11(c)(1)(C). The sentence hearing record obviously did not reflect “the sentencing range established for the applicable category of offense committed by the applicable category of defendant as set forth in the guidelines.” 18 USC 3553(a)(4)(A).

Accelerating a presentence report has consequences as well. Accelerating a report does not allow enough time to complete a thorough investigation. Scheduling and completing interviews quickly can be impossible, or at least challenging. Requesting and receiving verification of information, especially on past crimes, family and health history, and drug abuse and treatment takes time. Moving one defendant to the top of the list can be disruptive for the presentence writer, causing a need to reschedule interviews and other tasks, and in effect pushes other defendants’ reports further back in the line.

Unrelated to the merits of a case, another consequence of a post-sentence or accelerated presentence report is that the probation office gets significantly less “workload” credit. Workload credit determines their staffing. So, oddly, these reports have the effect of cutting staff in the probation office. While unrelated to the merits of the specific case, we all want a fully staffed probation office for our caseload.

Sentencing Hearings:

Criminal defendants must be present in court for their sentencing hearings. See Fed. R. Crim. P. 43(a)(3); United States v. Zander, 705 Fed. App'x 707 (10th Cir. 2017); United States v. Torres-Palma, 290 F.3d 1244 (10th Cir. 2002)). A defendant's presence by via 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. Click here for a form order.

Hearings on Motions:

Judge Nuffer is usually prepared to pose specific questions to counsel at motion hearings, so counsel should not prepare for conventional argument or repeat contents of memoranda.

PowerPoint presentations are usually disfavored because they are pre-determined and linear.  If a PowerPoint presentation is proposed, please bring two paper printouts of the slides for the Judge and law clerk to review and evaluate before the hearing and an electronic copy.  Please email pdf copies of exhibits which will be used at the hearing at least one full business day before the hearing, or bring bring two courtesy copies, one for the Judge and one for the law clerk.

Please review the suggestions in the PowerPoint document and PDF document entitled "Using Technology to Convince -- and Not Distract -- a Judge and Jury" and the PDF document "Creating the Best Transcript Possible" found on Judge Nuffer's Resources Page

Judge Nuffer's courtroom has a full featured evidence presentation system with audio and video conferencing. The Salt Lake City courtroom has wireless internet access. 

The court has a Sharp Acquos PN-L702B-PKG2A (link is external) portable smartboard and PC that can be scheduled for the courtroom by calling the Case Manager at (801) 524-6150.

Telephone and video hearings are available to avoid expense. Requests to appear by telephone must be made by motion filed at least two business days before the scheduled hearing. Arrangements for video hearings must be made well in advance by calling the Case Manager at (801) 524-6150. Please consult the suggestions for "Creating the Best Transcript Possible"; found on Judge Nuffer's Resources Page.

It is possible to join a video hearing from a PC running free software. For PC video conferences, please consider using a headset. If you are using a conference system or PC with webcam, use PDF copies of exhibits on a computer to avoid rustling paper. Exhibits in PDF format must be provided in advance to remote witnesses and to the court.

Everyone that attends hearings, including counsel, parties and general public, are welcome to bring bottled water into the courtroom. Counsel may bring coffee as well, and water is provided at counsel tables. Soda or food are not permitted in the courtroom without permission of the judge. Soda, coffee and food are permitted in the attorney meeting rooms near the courtroom.

Junior members of legal teams representing clients are invited to argue motions they have helped prepare. Opportunities to train young attorneys in oral advocacy are rare because of the decline of trials. Where junior lawyers are familiar with the matter under consideration, but have little experience arguing before a court, they should be encouraged to argue by senior counsel. The ultimate decision of who speaks on behalf of the client is for the lawyer in charge of the case.  If a junior lawyer is prepared to argue a motion, a Notice to that effect should be filed to ensure that argument is set.
 

Changing Hearing Dates:

Modifications to any hearing date which are stipulated, may be requested by joint filing or e mail to dj.nuffer@utd.uscourts.gov or by phone call with all counsel on the phone, calling the Case Manager at (801) 524-6150.  Other modifications to hearing dates should be requested by motion.

Proposed Orders:  

Proposed orders should be submitted in a word processing format to dj.nuffer@utd.uscourts.gov. The proposed order will be submitted at the time a motion is filed (when a .pdf copy of the order is attached to the motion -- see Administrative Procedures II. G.), or after a hearing on a motion after complying with DUCivR-54-1 or DUCrimR 12(f).  If the order is being submitted after a hearing use these instructions to e-file a .pdf copy for the record in CM/ECF.
We prefer Microsoft Word format. Proposed orders should not be submitted to this email box in .pdf format.  
If objections to the proposed order are still unresolved, the party objecting should file the objections with a copy of that party's proposed revision of the order in .pdf format, and email that party's proposed revision of the order in word processing format.  All e-mails to the court must be copied to all counsel.

This Word template will result in an order in the form preferred by our chambers. The proposed order must refer to the docket entry number(s) for the motion(s) resolved, and should be in a form similar to these sample orders:  

Motion to Dismiss Order
Remand Order
Summary Judgment Order
Orders for Expedited Treatment of Motion  Sample 1   Sample 2   
Order Granting Motion to Amend  
Order Caption Document  
E-filing Proposed Orders without Motions

If you have any problem downloading these documents, try right clicking on the link and then "Save Target as."

Signature Line   

BY THE COURT:

___________________________
David Nuffer
United States District Judge

 

Southern Region Forms    

The court is conducting hearings, as authorized by the CARES Act, by video. Some of these forms are used by the court. More information about court operations is found here.

Spanish - Defendant's Consent for Video or Teleconference

English - Defendant's Consent for Video or Teleconference

Sample Motion to Invoke Right to Physical Presence at Sentencing

Trial Information and Forms    

Junior members of legal teams representing clients are invited to question witnesses they have helped prepare. Opportunities to train young attorneys in oral advocacy are rare because of the decline of trials. Where junior lawyers are familiar with the matter under consideration, but have little experience questioning a witness, they should be encouraged by senior counsel. The junior lawyer will also be responsible for objections and follow up examination for that witness. The ultimate decision of who questions a witness is for the lawyer in charge of the case.
 

Criminal Trial Order   Criminal Juror Questionnaire  Optional Supplemental Criminal Juror Questionnaire   Standard Criminal Jury Instructions
Civil Jury Trial Order    Civil Bench Trial Order  Civil Advance Juror Questionnaire  Civil Juror Questionnaire  Sample Optional Juror Questionnaire   Standard Civil Jury Instructions
Final Instruction to Jurors at Discharge - Civil and Criminal Cases

Jury Selection Procedures    Jury Courtroom Seating Chart     Juror Contact Order   Stipulation to Selection of Jury From Southern Region Jury Pool

Deposition Designation Form 

Closing Argument Pointers

Professionalism and Civility 

Attorneys are encouraged to subscribe to and observe the Utah Standards of Professionalism and Civility.

Employment

Judge Nuffer's staff includes one career and three term law clerks. Please check with the Case Manager about position openings. 

We welcome intern assistance at all times of the year. We have enjoyed full time or part time intern assistance. We limit intern positions to students who have completed their second year of law school. Please submit a letter, resume and writing sample to dj.nuffer@utd.uscourts.gov

Updated 04/01/2020