Commissioner Marian H. Ito

• Motions to Enforce: MTWTh 9:00-12:00, 30 minutes, includes time for counter motion.
• Protective Orders: MTWTh 9:00-12:00 or whenever they can fit them in, 30 minutes, includes mutual protective orders, request to dismiss or extend if filed.
• Other Rule 101 Motion (Not Temporary Orders): MTWTh 9:00-12:00.
• Temporary Orders: MTWTh 2:00-5:00 pm, 45 minutes-60 minutes per hearing.
• SODI, PGAL, 4-903, Vocational Assessment, Discovery, Brief Review Hearings: Every other Th 2:00-3:45, 15 minutes per hearing, only available if there are no other issues or motions.
• Informal Trials: Fri - time determined by issues and availability.
• Rule 100A Case Management or Pretrials: Every other Th and anytime of day.

All scheduling is at the discretion of the clerks as directed by the Commissioners.  As such these guidelines may change.

• Motion to Enforce, Rule 101, Protective Orders: 30 minutes (includes counter motion argument).  If the counter motion is a motion for temporary orders, one or both motions may be continued.
• Motion for Temporary Orders: 45-60 minutes, depending on the number of hearings scheduled for a given afternoon.
• Commissioner Ito has a 15 minute hearing schedule for motions for PGAL, 4-903, short reviews, basically any issue that can be resolved with minimal argument and no counter motion. Counsel can stipulate to this calendar, but it's up to the clerks as directed by the Commissioner to decide if the issue will be on the this calendar.
• Rule 100A hearings typically take between 5 and 10 minutes and those calendars are longer.

• Discovery
• Case Management
• Pretrials
• Scheduling

• Case management (Rule 100A), Pretrials, 15 minute calendar, some review hearings are remote. All other hearings are presumptively in person.
• Hearings that have been approved for WebEx are typically indicated on the court's calendar by a WBX or Hybrid tag.  If a Case management or pretrial hearing is scheduled for the same time as an in person hearing, the in person designation controls.

Commissioner Ito has a static WebEx link (https://utcourts.webex.com/meet/ito). But please note the court may elect to utilize different technology based on circumstances and will provide instructions for the same.

It's a case by case analysis. The more facts provided to Commissioner Ito creates a better chance of approval for remote appearances.

Motions to bifurcate, or any issue the judge has captured.

If there is a rule or statute that requires expedited review.

• No more than 25 pages should be filed in the court's file, voluminous exhibits should be provided via physical binder.
• Electronic exhibits (videos, recordings etc.) should be on a separate device that can be connected to the court's A/V system. All drivers and updates need to be current for this to work. Also, the A/V system does not integrate with WebEx, so if there are WebEx participants, the "share your screen" function on WebEx is the only way to share electronic exhibits.

File a request.

• If scheduled by the court the notice will be sent by the court or in an order.  
• If requested by a party, counsel is responsible for sending notice.
• If counsel requests a hearing date or a continuance, they may email the clerk to coordinate calendaring, but the emails are not part of the court record.

• Comply with Rule 101(h)(3) and bring enough exhibit binders for opposing counsel, too.
• Make an attempt to narrow the issues before the hearing and come prepared to tell Commissioner Ito what you agree to and what you don't agree to.
• Be ready for Commissioner Ito to ask you to cite to the order or tell where in the record a specific exhibit is located.
• File motions to appear virtually at least 2 weeks before the hearing.  Commissioner Ito typically signs orders on Fridays or the week before the hearing.  Last minute requests (except for emergencies) are difficult to track - especially if they come in after Commissioner Ito has prepped for the hearing.
• Commissioner Ito puts counsel on the clock.  Typically each attorney gets roughly 1/3 of the total time Commissioner Ito has allocated for the entire hearing.  Feel free to set a timer on you phone to keep track.  However, the time allocated to the attorneys and the case is just an estimate.  Don't object to opposing counsel going over time.  If Commissioner Ito gives extra time to one side, she tries to give extra time to the other side(s) as well.  You may want to prep your clients for the timer.
• Commissioner Ito encourages counsel and parties to speak in the hall, but at a certain point she has to proceed with the hearing so as to give all cases the time consideration they deserve. Commissioner Ito also has to consider the needs of her staff  (lunch breaks etc).  If you need time for discussions, Commissioner Ito tries to accommodate you, but you may wind up "discussing" yourselves into a continuance.

Any of these preferences are subject to change and ultimately the clerks will have the most current and up to date information. Please respect them!