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1. A scheduling order is sent out shortly after the informational statements are received and a scheduling telephone conference is held. The scheduling order sets out deadlines for joinder of additional parties; completion of discovery; independent medial examinations; hearings on dispositive and non-dispositive motions; ADR completion; and indicates on which trial block the case will be set. The order notes that all discovery disputes must first be brought to the court’s attention by telephone conference to determine if the dispute can be resolved without a formal motion.

2. Unless testimony is to be taken, motion hearings are not stenographically recorded unless requested by a party. In certain circumstances the requesting party may be required to provide the court reporter.

3.In most cases, the parties must engage in some form of ADR, either agreed to by the parties or, if the parties are unable to agree, ordered by the court.

4. Trial dates are usually set within one year of the filing date.

5. The court may set a mandatory pretrial settlement conference during the month before the trial block to which the case is assigned unless the parties agree that a pretrial would be useless.

6. Cases are set for trial on a specific "trial block" in chronological order, oldest case (by filing date) to be tried first.

7. A list of the cases pending on the trial block is sent to the parties approximately two months prior to the start of the trial block. This sets the order of cases for trial. The parties are responsible for contacting each other or the court’s clerk to keep apprised of the order of trials as cases settle. A case is subject to being called for trial on forty-eight hours notice during the trial block.

8. The court will attempt to accommodate the parties’ schedules in setting trial dates, however, day certain or week certain trials are not usually granted. Continuances to later trial blocks are rarely granted.

9. A trial order is also sent out approximately two months before the trial block begins. It lists the court’s expectations with regard to the exchange of exhibit and witness lists; pre-marking of exhibits with consecutive numbers; filing of statements of the case, trial briefs, proposed jury instructions, verdict forms, etc.

10. In court trials, counsel will be given time (usually 30 days) to prepare proposed findings of fact, conclusions of law and order for judgment, subsequent to the conclusion of the trial.

11. All sworn jurors receive a juror evaluation form at the conclusion of the trial. This document allows them to assess the performance of the attorneys and judge. These forms are available for the attorneys to review by contacting the court’s clerk.

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John McShane
Originally published in the February 1999 issue.
Author: Mark Hallberg

Lawyers attending the State of the Judiciary luncheon last November were introduced to recently appointed Judge John Q. McShane and learned how this highly acclaimed trial lawyer approaches his new job on the Hennepin County District Court bench. Judge McShane was asked by Chief Judge Daniel Mabley to summarize his judicial philosophy in three minutes or less. Judge McShane rose to the challenge with concise comments, which evidenced many traits that will serve him well on the bench.

Demonstrating both humility and humor, Judge McShane commented that Gov. Arne Carlson, an avid sports fan and "expert judge of talent," obviously agreed with all of John’s former athletic team coaches that "I belong on the bench."

On a more serious note, Judge McShane explained to luncheon attendees that in preparation for his new job, he sought meetings with several groups which participate in or have an interest in the work of the Hennepin County District Court. Every interest group he met with told the new judge that a necessary quality in a good judge is respect; respect for the law, respect for the process, and, most importantly, respect for the participants. People who have known John McShane as a trial lawyer, and as a person, know that John wholeheartedly agrees. Indeed, when announcing Judge McShane’s appointment, Governor Carlson stated, "[McShane] possesses a deep sense of caring and compassion for children and the less fortunate, which will be a tremendous asset at the Hennepin County bench."

When asked about his charitable activities, Judge McShane speaks with passion and excitement. He believes that those who are blessed with abilities and resources must respond with generosity toward those who are less fortunate. He recommends that young lawyers "find a charity or organization that they believe in and get involved...the rewards [of volunteering] are many." He also speaks fondly of the people he has met working with charitable organizations and in his service on Hennepin County Bar Association committees.

John McShane has committed himself to significant charitable work. He has been an active lawyer board member of Visitation Monastery of Minneapolis, Catholic Charities, St. Joseph’s Home for Children, and Catholic Youth Camp. He volunteers time at St. Joseph’s Home for Children as a "unit friend" on a weekly basis to "hang out" with teenagers. He serves meals at Dorothy Day Homeless Shelter in St. Paul. He has even volunteered for the thankless job of fund-raising.

John McShane’s experience as a lawyer and his reputation as a premier civil trial lawyer are equally as impressive as his charitable activities. He is a graduate of the University of Notre Dame and a cum laude graduate of the St. Louis University School of Law. He was on the law review and a member of Alpha Sigma Nu and the National Jesuit Honor Society. After graduation from law school, he clerked for U.S. District Court Judge Miles Lord from 1973 to 1975.

He developed his reputation and skills as a civil trial lawyer for 10 years at the Gray, Plant, Mooty, Mooty & Bennett law firm primarily handling products liability litigation. In 1985, John was one of the founding partners of the well-known defense firm of Bowman & Brooke, LLP, where he remained until his appointment to the bench in September 1998.

At Bowman & Brooke, John handled complex civil litigation for clients such as General Motors and Ford Motor Company. He was known as a tireless worker and a trial lawyer who had the ability to organize and present complex cases to a jury. One of John’s colleagues at Bowman & Brooke was Lezlie Ott Marek. Litigators appearing before Judge McShane in the future should be forewarned by Ms. Marek’s description of John as "precise, punctual, and disciplined." She also observed that John has a tremendous Irish wit and the gift of blarney—the ability to talk with anyone about anything.

The decision to seek a judicial appointment came after taking stock of his "success" as a trial lawyer and realizing that he was ready for a new challenge. While recognizing that being a successful defense lawyer is an important and significant undertaking, he reached a point in his life where he desired to "move from success to significance" in the greater community. He believes that a district court judge has the opportunity to make a significant positive impact on many people.

People who know John McShane also know that he is very devoted to his family. He readily acknowledges the role the love and support of his wife, Molly, and his three daughters have meant to his success as a lawyer. His colleagues know that he frequently speaks about his family with love and pride.

In summation, John McShane is an experienced trial lawyer who brings to the bench a demand for excellence, balanced by a strong concern and respect for others. Governor Carlson has chosen well and the citizens of Hennepin County are fortunate to have a person of John McShane’s experience and temperament on the Hennepin County District Court bench.

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