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The Honorable James M. Barton, II                                                                                       Click here to print
General Civil Division C
800 E. Twiggs St., Room 512
Tampa, Florida 33602
(813) 272-6994
(813) 276-2725 (FAX)
JUDGE'S Preferences
Bench Bar Survey results
Is it appropriate to telephone Chambers regarding questions of procedures on pending matters?
Yes.
Is it appropriate to telephone Chambers regarding the status of pending matters?
Yes.
What can an attorney do to call attention to a pending motion of a particular importance to expedite a ruling?
Description in motion or at hearing establishing need for expedited ruling.
How far in advance of a hearing should memoranda be forwarded to Chambers?
48 hours.
Should courtesy copies of pleading and motions be forwarded to Chambers and if so, how far in advance?
At time motion is set for hearing.
Should copies of cases cited in motions and memoranda be forwarded to Chambers?
Significant cases, only.
Do you object to cases printed in Westlaw of CD-Rom format rather than copied from a reporter?
No.
Is it appropriate to cite unpublished opinions in motions or memoranda?
Yes.
If copies of cases are submitted, do you accept copies which have portions highlighted by counsel?
Yes.
Is it appropriate to send notices, motions, supporting memoranda and draft orders via fax?
Yes.
Do you allow telephonic hearings and if so, what is the maximum length?
Yes, no maximum length.
Do you have any special procedures for handling emergency motions?
Fax motion to court which then determines whether expedited hearing is necessary.
Will you entertain motions in limine prior to trial and, if so, how far in advance should they be filed and set for hearing?
Yes, set motions in limine for hearing no later than week prior to trial.
In connection with preliminary injunctions, do you limit the hearing to argument of counsel; and if not, what are your procedures for the receipt of evidence during hearing on a preliminary injunction?
Evidence allowed as at an evidentiary hearing.
What is your policy/practice regarding the use of alternative dispute resolution?
Mediation required prior to trial.
Under what, if any, circumstances will you grant trial dates certain?
Rarely.
If the case is not reached during the scheduled trail term, will the trial date be automatically rescheduled on your next trial docket?
If no, what is your practice of procedure regarding scheduling trials which were not reached on the trial docket?
No. Reset by agreement of attorneys of by court at hearing.
Do you require trial briefs in jury trials?
No, but desirable.
Do you require trial briefs in bench trials?
No, but desirable.
What are your requirements for trial briefs?
"Brief"
When are trial briefs due?
The week before trial is set.
Do you require prepared findings of fact and conclusions of law to be filed in bench trials?
If yes, when do you require the proposed findings of fact and conclusions of law to be filed?
No.
When do you require parties to file proposed jury instructions?
No later than the first day of trial.
In multiple party cases, do you grant each party three peremptory challenges?
Per FL.R. Civ.Pro 1.431(d), Yes.

In connection with opening statements, do you have any standard time limits imposed upon counsel? If yes, what are the time limits?

No.
Can exhibits be used in opening statements?
Yes, if clearly admissable.
Do you allow Plaintiffs to make a rebuttal during opening statements?
No.
Do you conduct evidentiary hearings on experts prior to trial?
If issued properly raised by motion, yes.
What, if any, procedural requirements do you have relative to the use of videotapes, trial graphics, depositions and demonstrative aids?
Should be considered prior to trial.
What, if any, procedures do you have concerning objections at trial?
Legal basis for objections - no speaking objections.
Do you permit jurors to ask questions either orally or in writing?
Yes, in writing with instruction from the Court.
Do you allow jurors to take notes during trial?
Yes, with standard instructions.
Should jury instructions also be submitted to Chambers on a computer disk?
Yes, or on a CD.
Should findings of fact and conclusions of law filed in connection with a civil bench trial also be submitted to Chambers on a computer disk?
Yes.
When a dispute arises during a deposition, is it appropriate to call Chambers to seek an immediate ruling?
Normally, no. Rarely, Yes.
Do you have any special procedures during voir dire?
No.
Do you have any special procedures for back striking?
No.
Do you have any advice for new/inexperienced lawyers?
Be professional at all times, i.e., competent and courteous.