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I do respect family vacations, medical appointments and other personal commitments. If you have a personal conflict, let me know and i'll do my best to work with you.


13. With respect to oral argument, do you prefer an attorney to assume you have read the supporting memorandum and exhibits and not reiterate written material?
I will tell the attorney whether I have had time to skim, read, or carefully analyze their written submissions and whether or not I want the attorney to reiterate the facts or written arguments. My schedule is so tight and so much written material comes in every day that I can't generalize about my ability to study the motion papers in advance – so ask, and I will tell you how much I've been able to do before your argument.


14. What do you consider to be the basic requirements of good oral argument (including the amount of time appropriate for oral argument)?
The human attention span reaches its limit between 20 and 25 minutes. Watch the listeners at a sermon or speech and you'll see that few, if any, people are paying attention after 25 minutes. Absent the extraordinary case/issue, I limit most non-dispositive motion arguments to 10 minutes per party and dispositive motion arguments to a maximum of 20 minutes each. Time for argument is also dictated by my schedule. I usually hear motion arguments at one or one-thirty PM. My available time is dictated by my primary assignment that day, whether we have scheduled a settlement conference to follow your argument, and whether I have another hearing right after yours. Please put your detailed arguments in your written submission and just argue the "highlights". Stand to address the court. Make copies of any case(s) you rely on for the court and opposing counsel. State citations slowly. Speak slowly; articulate clearly for me and the court reporter. Spell names. Tell me a compelling equitable reason why you should win whatever it is you seek, and you probably will. Tell me clearly what you want me to do. Be specific about the remedy you seek. Always submit detailed Findings of Fact, Conclusions of law and Order with your motion papers and attach a floppy disc on Word 97 to your submission so I can modify it as I see fit. I ordinarily will not take any motion under advisement until I have received the Findings of Fact, Conclusions of Law and Order (FOFCOLOs) from both sides. Use visuals. If you're referring to a contact, chart, graph, summary, or other document, give me a copy on 8 1/2" x 11" paper, even if you use a flipchart or Elmo in the Courtroom. I am a visual/kinesthetic learner, not an auditory learner, so I like my own copy of all written materials and I always take detailed notes.


15. What preferences do you have for jury trials? How do you prefer voir dire to be conducted?
Each case on a trial block is on call with 48 hours notice during the entire 5 to 6 week trial block; however, the attorneys can check with my clerks to find out where a particular case falls on the trial block and when it is likely to go to trial. Proposed Jury Instructions, Verdict forms, Exhibit Lists and Witness Lists must be submitted 10 days before the start of the trial block. On the day you appear for trial, you will receive the first edition of the entire book of Jury Instructions for your case. I will go through them with you and enable you to have input during the trial. You will have the final edition to use in your closing argument. I do most of the voir dire myself but I will ask virtually any question that any attorney requests me to ask and I will follow up with individual jurors who respond to any question. I expect attorneys not to be repetitive in voir dire. 8 or more jurors will be selected for any civil case to ensure a valid verdict with 6 jurors. Pursuant to the Rules of Practice for the District Courts, all civil jurors will deliberate. There are no alternate jurors in civil cases. Individual copies of the jury instructions containing the basic substantive law of the case are given to the jurors and read to them prior to opening statements. Individual copies of the entire jury instructions and Special Verdict Form are given to each juror before I read them. I read the final instructions before closing arguments. A clean copy of the jury instructions and Verdict form are sent in to the jury room for the jury's use during deliberations. Jurors are permitted to mark their individual copies of the jury instructions, take them into the jury room during deliberations, and take them home if they wish. I permit civil jurors to ask questions in writing of each live witness. At the end of each live witness's testimony (as opposed to a deposition witness, who is not present), I ask the jurors if they have any questions. The jurors must write down their questions. I receive the questions at the bench and review them with the attorneys. I rule on any objection. If the question is permissible, I ask the question of the witness myself and allow the attorneys to follow up with additional examination of the witness. I tell the jurors if a particular question is not asked, there is a legal reason that prevents me from asking it. In that case, the jurors are to disregard the subject matter of the question altogether and must not speculate on what the answer might have been.

During bench conferences/sidebar conferences, I ask my law clerk to speak with the jury and encourage the jurors to stand, stretch, relax a bit and talk to one another but remain in the jury box to avoid lengthy breaks. Sending the jury out of the courtroom takes at least 20 minutes and significantly increases the length of trial. I permit attorneys, clients, witnesses and jurors to have nonalcoholic beverages in the courtroom. I serve coffee during recesses and keep water in the courtroom. I deliver the bulk of the closing jury instructions and explains the Special Verdict Form to the jury before closing arguments. Pre-Mark all Exhibits and prepare a detailed Exhibit List per Minn. Gen. Rules of Practice for the District Court §H. Trialbook § 12 Exhibits. Marked Exhibits and the detailed exhibit lists must be exchanged with opposing counsel no later than 10 days before trial.

Attorneys are encouraged to prepare individual exhibit books in 3-ring binders for each of the 8 jurors who will be selected to sit and deliberate as the jury in the case. Every important exhibit should be included in the individual jury exhibit books. Voluminous records such as medical records should be prepared as usual in a complete form to be introduced into evidence and sent to the jury room intact; however, those selected few pages of such records that really matter in the case should be provided to each juror in their individual 3-ring Exhibit binders.

You should prepare at least 13 copies of all Exhibit books. This includes 8 for the jurors, 1 for you, 1 for your opposing counsel, 1 for me, 1 for my clerk, and one for the witness stand. Then we can literally all be on the same page throughout the trial.

a)  I instruct the jurors to look only at the particular exhibit they are directed to look at during the testimony, and to close their binders and use them as lap desks for their note pads otherwise.
b)  Jurors leave their notes, jury instructions, and Exhibit books on their chairs whenever they leave the courtroom during the trial. They may take all of those materials with them to the jury room when they begin their deliberations. Once the verdict is read, jurors' notes are destroyed and their Exhibit books are returned to the attorneys. I allow the jurors to keep their personal copy of the jury instructions and verdict form and take them home if they wish to do so.

I will always welcome any suggestion you have for presenting the evidence in a more meaningful fashion.

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Ann L. Alton
Originally published in the July/August 1989 issue.
Author: Bev Wolfe

Ann Leslie Alton brings to the bench a combination of extensive experience in criminal law, civil law and teaching. During her 19 years of service in the Hennepin County Attorney’s Office, her practice encompassed employment and labor law matters, complex crime litigation and felony street crime prosecutions. Over the past 16 years she has also taught both substantive law and trial practice courses at all three of Minnesota’s law schools.

Judge Alton made her decision to become an attorney during her junior year at Smith College where she was an Economics major. Upon graduating from the University of Minnesota Law School in 1970, Judge Alton joined the Hennepin County Attorney’s Office and remained there until her elevation to the bench. She began as an assistant county attorney in the Criminal Division of the office. From 1970-75, she tried over 45 jury trials involving all types of street crimes including drug offenses, sexual assaults, kidnapping and homicides.

Judge Alton was promoted to the position of acting Senior Attorney in 1975 and became the acting chief of the office’s Citizen Protection Division. While supervising the division’s investigation and enforcement of consumer laws, Judge Alton also continued to personally prosecute difficult sexual assault cases. In 1976 she became a permanent Senior Attorney, the first woman Senior Attorney in the office.

From 1976-85, Judge Alton served as Chief of the Citizen Protection/Economic Crime division in the county attorney’s office. This division prosecuted major economic crimes including securities fraud, complex business and investment fraud, insurance fraud, arson and welfare provider fraud. Judge Alton also handled both institutional child abuse cases and the prosecution of a sexual assault involving a non-verbal victim with cerebral palsy.

During her tenure as Chief of the division, Judge Alton was instrumental in forming two organizations for combating consumer fraud and economic crime. These organizations were the Minnesota Inter-Agency Consumer Group and the Minnesota Inter-Agency Economic Crime Group.

In 1985, Judge Alton transferred to the office’s Civil Division. There she assumed primary responsibility for representing the Hennepin County Personnel Department, its Labor Relations Division and the Hennepin County Administration in all labor and employment legal matters. Her practice in this division involved several complex civil litigation cases including sexual harassment and employment discrimination claims, comparable worth issues and labor contract disputes.

Law is also a family affair for Judge Alton. Her husband, Jerry Freeman, is an attorney in private practice and although Judge Alton was the first person in her family to go to law school, both her father and brother have also become attorneys and her sister is currently attending law school. Moreover, Judge Alton has the distinction of being the first daughter to move for the admission of her father, Howard R. Alton, Jr., to the Minnesota Bar.

Judge Alton considers her most significant accomplishment as an attorney to be her involvement in victimology and the coordination of victim services. One of her most important achievements in this area was her role in redesigning the manner in which sexual assault prosecutions are handled in Minnesota. In 1974, she initiated and developed the Sexual Assault Services program at the county attorney’s office. That program provides support and services for victims in sexual assault prosecutions. Judge Alton was one of the primary drafters of the present Criminal Sexual Conduct statutes. She also assisted in developing and implementing the medical protocols used for sexual assault victims and the procedures utilized by police in sexual assault cases.

Another major achievement was her involvement in reforming the way child abuse cases are handled. She helped draft statutes that promoted a greater sharing of information among social workers, police and prosecutors. She was cofounder of the Hennepin County Medical Association family violence project which provided for integration of medical input into domestic violence and child abuse cases. It also provided a program through which employers could provide employees with treatment for family violence without job jeopardy.

Ann Alton is married to Jerry Freeman, an attorney in private practice. They have one son, Brady, age five.

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