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CIRCUIT COURT SURVEY, CIVIL DIVISION
BENCH BAR SURVEY RESULTS

November 6, 2001
Is it appropriate to telephone Chambers regarding procedures for setting hearings and other matters?
Judge Arnold
Yes.
Judge Barton
Yes.
Judge Holder
 Yes.
Judge Isom
 Yes. We sometimes receive requests that are improper, such as, 'What motion should the attorney file?' These are not considered procedural.
Judge Maye
 Yes.
Judge Pendino
 Yes.
Judge Simms
 Yes.

How far in advance of a hearing should memoranda be forwarded to Chambers?
Judge Arnold
2 days before.
Judge Barton
At least 48 hours in advance of hearing.
Judge Holder
 More than 48 hours in advance. 7 days early is much appreciated.
Judge Isom
I prefer legal memorandum with copies of cited caselaw no later than 48 hours prior to the hearing. Sooner is better.
Judge Maye
 5 days - if new cases are later discovered, file a notice of filing supplemental authority, A.S.A.P.
Judge Pendino
 3-5 days.
Judge Simms
 3 days.

Should copies of cases cited in motions and memoranda be forwarded to Chambers?
Judge Arnold
Yes, with a letter indicating case and date of hearing.
Judge Barton
Yes.
Judge Holder
 No. Bring cases with you to the hearing. Highlighting is acceptable so long as all copies have the same highlighting.
Judge Isom
 Yes. The Clerk's office will file these in the Court file, so courtesy copies must be submitted directly to the judge.
Judge Maye
 Yes. ABSOLUTELY.
Judge Pendino
 Yes. These can be brought to hearing.
Judge Simms
 Yes.

Do you object to cases printed in Westlaw, LEXIS or other legal research software rather than copied from the official reporters?
Judge Arnold
Yes.
Judge Barton
No.
Judge Holder
No.
Judge Isom
No. I prefer official reporters because of my familiarity with the headnote service.
Judge Maye
No.
Judge Pendino
Yes. Judge prefers to have all cases cited, to be printed out.
Judge Simms
No.

Is it appropriate to cite unpublished opinions in motions or memoranda?
Judge Arnold
Yes, with a letter indicating case and date of hearing.
Judge Barton
Yes.
Judge Holder
 No. Bring cases with you to the hearing. Highlighting is acceptable so long as all copies have the same highlighting.
Judge Isom
 Yes. The Clerk's office will file these in the Court file, so courtesy copies must be submitted directly to the judge.
Judge Maye
 Yes. ABSOLUTELY.
Judge Pendino
 Yes.
Judge Simms
 Yes.

If copies of case law are submitted, do you accept copies which have portions highlighted by counsel?
Judge Arnold
Yes, prefer highlighted.
Judge Barton
Yes.
Judge Holder
 Yes, see comments to question above.
Judge Isom
 Yes.
Judge Maye
 Yes.
Judge Pendino
 Yes.
Judge Simms
 Yes. I prefer it.

Should courtesy copies of pleadings and motions be forwarded to Chambers?
Judge Arnold
Sometimes - depending on pleadings or motion - courtesy copies are preferred at hearing.
Judge Barton
Yes.
Judge Holder
 Yes. Always. I read and highlight all motions and memos for my use.
Judge Isom
 Yes. The Clerk's office usually updates our files one week prior to the hearing, but sometimes items important to the hearing have not yet made it into the file.
Judge Maye
 Yes.
Judge Pendino
 Yes. Courtesy copies of motions to be heard should be attached to the notice of hearing.
Judge Simms
 Yes. If there is going to be a hearing on it.

Is it appropriate to send notices, motions, supporting memoranda and draft orders via facsimile?
Judge Arnold
No.
Judge Barton
Yes.
Judge Holder
 Yes. Only if less than 10 pages in length.
Judge Isom
 No. If an emergency exists, attorney may contact our office to request an exception. We have a community fax which is shared with several divisions.
Judge Maye
 Only in emergency situations
Judge Pendino
 Yes.
Judge Simms
 Yes, but I don't like it.

Should proposed orders be forwarded to Chambers attached to motions seeking particular relief (for example, proposed orders granting extension of time to file responsive pleading, granting extension of the discovery period, etc.)?
Judge Arnold
No.
Judge Barton
Yes.
Judge Holder
 No. Only rarely are ex parte orders appropriate. Stipulated orders are welcome anytime.
Judge Isom
 No. Proposed orders should only be submitted prior to the hearing if there is a stipulation, a default or is a matter for which a hearing is not required.
Judge Maye
 No.
Judge Pendino
 Yes. These should be "agreed orders" or "stipulated orders" with the signed stipulation attached.
Judge Simms
 No, unless requested.

Do you allow telephonic hearings?
Judge Arnold
Yes. 15 minutes or less usually only for out-of-town attorneys or emergencies.
Judge Barton
Yes.
Judge Holder
 Yes. If counsel are located outside the Tampa Bay area. Never on cell phone.
Judge Isom
 Yes. I permit them for non-evidentiary matters set for 15 minutes. I do not permit them for UMC's or pretrials.
Judge Maye
 Yes, via Court Call.
Judge Pendino
 Yes.
Judge Simms
 Yes, non-evidentiary only.

If you do allow telephonic hearings, is there a limit on the length of the hearing or a restriction on the nature of the hearing?
Judge Arnold
Yes, 15 minutes or less.
Judge Barton
No.
Judge Holder
 Yes, 10 minutes or less.
Judge Isom
 Yes. See above.
Judge Maye
 Yes, non-evidentiary hearings and under 15 minutes.
Judge Pendino
 Yes. 15 minutes, unless there are extenuating circumstances, then must be approved by judge.
Judge Simms
 Yes. 30 minutes absent unusual circumstances.

Do you allow for any special procedures for handling emergency motions?
Judge Arnold
Yes, copy of motion for review to determine if it is an emergency.
Judge Barton
Yes. Provide copy of motion to Court for determination of "emergency".
Judge Holder
 Yes. Fax the motion to my J.A. I will review the motion and set an emergency hearing if it is a true emergency.
Judge Isom
 No. Emergency matters are submitted for my consideration on a per case basis. If I feel a hearing is needed, it will then be set based on my availability.
Judge Maye
 Yes. Submit motion to Chambers. I will review it and if I deem it to be an emergency, my judicial assistant will set it at the Court's convenience.
Judge Pendino
 Yes. Emergency motions are to be submitted to the judge for review to determine if it is an emergency. He will set for the hearing if it is.
Judge Simms
 Yes. Expedited setting.

Will you entertain motions in limine prior to trial?
Judge Arnold
Yes, but must be filed prior to pretrial.
Judge Barton
Yes.
Judge Holder
 Yes, some at pretrial and on first day of trial.
Judge Isom
 Yes. I prefer to rule on these prior to the pretrial conference.
Judge Maye
 Yes.
Judge Pendino
 Yes. ALL motions in limine are to be heard prior to trial starting on Mondays, i.e., special set M-F the week prior.
Judge Simms
 Yes.

If you will consider motions in limine prior to trial, how far in advance should they be filed?
Judge Arnold
Prior to pretrial.
Judge Barton
No later than the week before trial.
Judge Holder
 ----
Judge Isom
 They should be filed sufficiently in advance to schedule the hearing prior to the pretrial conference.
Judge Maye
 No time restrictions.
Judge Pendino
 As soon as they have been prepared.
Judge Simms
 A reasonable time.

Do you allow attorneys to ask questions during voir dire?
Judge Arnold
Yes.
Judge Barton
Yes.
Judge Holder
 Yes. Always.
Judge Isom
 Yes. I do not permit attorneys to ask the same questions already answered on the questionnaire or during prior questioning by the Court or opposing counsel.
Judge Maye
 Yes.
Judge Pendino
 Yes.
Judge Simms
 Yes. I ask minimal questions.

Do you allow back striking during jury selection?
Judge Arnold
Yes, but once both sides agree and accept a jury, that's it.
Judge Barton
Yes.
Judge Holder
 Yes. It is the law.
Judge Isom
 Yes.
Judge Maye
 Yes.
Judge Pendino
 Yes.
Judge Simms
 Yes. If used in a fair manner, no "sandbagging" allowed.

Do you allow plaintiffs to make rebuttal during opening statements?
Judge Arnold
No.
Judge Barton
No.
Judge Holder
 No.
Judge Isom
 No. I sustain objections to improper opening statements which are argumentative.
Judge Maye
 No.
Judge Pendino
 No.
Judge Simms
 No.

Do you allow jurors to take notes during trial?
Judge Arnold
I confer with attorneys about this.
Judge Barton
Yes.
Judge Holder
 Yes, in most trials, but I give the cautionary instruction.
Judge Isom
 Yes. I also permit juror questions as required by the Tort Reform Act.
Judge Maye
 Only if trial is lengthy or involves complex issues; and only when requested.
Judge Pendino
 Yes. Jurors or the attorneys must request it from the judge.
Judge Simms
 Yes.

Where standard jury instructions are available, do you prefer that attorneys submit condensed versions of the standard instructions?
Judge Arnold
No.
Judge Barton
No.
Judge Holder
 Yes, hard copy and on disk in Word Perfect format.
Judge Isom
 Yes. After finalizing the instructions, I required plaintiff's counsel to furnish a continuous "clean" copy of instructions which eliminates titles, numbers, excess verbiage and excess spaces.
Judge Maye
 No.
Judge Pendino
 No.
Judge Simms
 No.

Should jury instructions also be submitted to Chambers on a computer disk?
Judge Arnold
Yes, and also verdict forms on disk.
Judge Barton
Yes.
Judge Holder
 Yes, always so that we can review and revise in Chambers.
Judge Isom
 Yes, but they must be in correct format - Word Perfect 9 - or submitted as an e-mail attachment in Word Perfect format.
Judge Maye
 Yes.
Judge Pendino
 Yes.
Judge Simms
 OK, but not required.

When a dispute arises during deposition, is it appropriate to call Chambers to seek an immediate ruling on the issue?
Judge Arnold
Yes, if I'm free, I'll hear it.
Judge Barton
Yes.
Judge Holder
 Yes, on an emergency basis.
Judge Isom
 No. Only if an emergency arises. The rules of procedure cover termination of deposition circumstances. Otherwise, attorneys should make their objection and complete the deposition.
Judge Maye
 Only in extreme emergencies.
Judge Pendino
 Yes. ALL counsel must be on phone also, and be available later should the judge be in hearing or on the bench.
Judge Simms
 Yes, but only in the rarest of rare cases and then only rarely.

For information to the Hillsborough County Bar Association Young Lawyer's Division, what are your "pet peeves"?
Judge Arnold
----
Judge Barton
Request for "emergency" hearing on a non-emergency matter; failure to communicate with opposing counsel prior to hearing on discovery motions; inability to be ready for trial, after scheduled for trial.
Judge Holder
 Lack of preparedness; lack of professionalism; failure to send a courtesy copy of motions and memos; failure to notify the Court of cancellation of hearings.
Judge Isom
 My preliminary pet peeve would be attorneys who think zealous advocacy means being unnecessarily litigious or obstructive during the discovery process.
Judge Maye
 I will not tolerate unprofessional behavior. Make your arguments to the Court - NOT opposing counsel. Submit case law to the Court 5 days prior to your hearing. Arrive on time.
Judge Pendino
 Not putting the date of hearings in the order.
Judge Simms
 Failure to directly respond to the Court's questions; motions and orders in one pleading; speaking to opposing counsel instead of the Court; not providing courtesy copies to the Court in a timely fashion.

Any advice for new/inexperienced lawyers?
Judge Arnold
----
Judge Barton
----
Judge Holder
 Take the time to come and meet the judges. Get involved with the HCBA and ask questions of more experienced lawyers.
Judge Isom
 Observe experienced attorneys, find a mentor, get involved in HCBA activities, meet the judicial assistants, tour the courthouse and respect the oath which you took when sworn in as a member of The Florida Bar.
Judge Maye
 Always be prepared. Arrogance is not a substitute for knowledge or professionalism. If you are unsure of the Court's procedures, ask the judicial assistant for help.
Judge Pendino
 ----
Judge Simms
 Never stop learning, stay current in the law. Embrace the Rules of Procedure and the Evidence Code. They are your friends.

CIRCUIT COURT SURVEY, CIVIL DIVISION: BENCH BAR SURVEY RESULTS