Is it appropriate to telephone Chambers regarding questions of procedures on pending matters?

Yes, you may contact my Judicial Assistant. However, attorneys and legal staff should review the 13th Circuit website before calling. [click here to view contact information]

Is it appropriate to telephone Chambers regarding the status of pending matters?

Yes. If a matter has been taken under advisement and has been pending a ruling for an extended time, you may call my Judicial Assistant to see when the court may be ready to issue the ruling.

What can an attorney do to call attention to a pending motion of a particular importance to expedite a ruling?

If a matter is believed by counsel to be of such importance as to require an expedited ruling, that should be brought to the court's attention at the time of the hearing on the motion. If a matter is viewed as extremely important, a separate pleading can be filed notifying the court of this, explaining the significance and requesting an expedited ruling on the matter.

How far in advance of a hearing should memoranda be forwarded to Chambers?

The more voluminous the materials the attorney wants the court to review, the greater the time period in advance of the hearing the materials should be submitted. Routine papers should arrive in chambers no later than two business days prior to the hearing. Copies of key cases cited in a memorandum are appreciated.

Should courtesy copies of pleading and motions be forwarded to Chambers and if so, how far in advance?

Courtesy copies of pleadings should be submitted with the notice of hearing. Also see question 4 as to when copies should arrive in chambers.

Should copies of cases cited in motions and memoranda be forwarded to Chambers?

Yes. See question 4 as to when the copies should arrive in chambers. Cases cited to support a general proposition of law and not considered to be key cases, need not be submitted.

Do you object to cases printed in Westlaw of CD-Rom format rather than copied from a reporter?

No objection, but I prefer cases which include the West Publishing headnotes.

Is it appropriate to cite unpublished opinions in motions or memoranda?

Yes, however, copies of such opinions must be provided to the court and opposing counsel. Also, counsel should indicated whether these opinions are final or under further appellate consideration.

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?

No.

Do you allow telephonic hearings and if so, what is the maximum length?

I allow telephonic hearings as authorized by the Florida Rules of Judicial Administration primarily for out of circuit attorneys. If you practice in the 13th Circuit and have a compelling reason why you need to appear by telephone, contact my Judicial Assistant to discuss.

Do you have any special procedures for handling emergency motions?

Yes, click here to view.

Will you entertain motions in limine prior to trial and, if so, how far in advance should they be filed and set for hearing?

To the extent possible, motions in limine should be filed and heard prior to the pretrial conference. Motions in limine not disposed of in this manner will be addressed at the pre-trial conference.

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?

On a temporary injunction, the court follows the procedures set forth in Rule 1.610(a), Fla. R. Civ. P. If an evidentiary hearing is conducted in accordance with Rule 1.610(a), the procedures applicable to a bench trial will be followed.

What is your policy/practice regarding the use of alternative dispute resolution?

All cases must be mediated prior to trial.

Under what, if any, circumstances will you grant trial dates certain?

Final Hearings are scheduled on the court's regular trial week calendar. Any other requests for trial dates certain should be made by motion and will be addressed on a case by case basis.

If the case is not reached during the scheduled trial 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. Trials not reached in a particular trial term are normally reset in the regular course of the court's then available trial dockets. If reset, that case will be given first priority on the reset trial docket (subject to priorities set by law.) The foregoing procedure is subject to exception upon the showing of special circumstances suggesting an earlier trial setting may be appropriate.

Do you require trial briefs in bench trials?

I do not require trial briefs in bench trials. However, they are appreciated in cases involving out of the ordinary issues or evidentiary matters.

What are your requirements for trial briefs?

No special requirements. A trial brief is most helpful if it sets out the elements of the cause of action upon which the plaintiff is proceeding, including any applicable statutory or case law; the burden of proof as to each element; a summary of the facts supporting (or opposing) each element; and a summary of the conclusions of law the party believes the court should reach.

When are trial briefs due?

A minimum of two (2) business days (preferably 5) prior to the trial.

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. However, in certain cases, where the court believes it will be useful, the parties will be asked at the conclusion of the trial to submit proposed findings of fact and conclusions of law, which should be submitted in printed and computer disk format. (Microsoft Word)

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

The court does not have "standard time limits." This will be addressed at the pretrial conference.

Can exhibits be used in opening statements?

Yes. Specific exhibits intended for use in opening should be disclosed in advance. Sufficient time should be given to opposing counsel for possible objections and to have any objections considered and ruled on in advance of trial.

Do you allow Plaintiffs to make a rebuttal during opening statements?

No.

Do you conduct evidentiary hearings on experts prior to trial?

Only if an objection to the use of the expert is filed well in advance of trial.

What, if any, procedural requirements do you have relative to the use of videotapes, trial graphics, depositions and demonstrative aids?

Such exhibits and aids need to be provided to opposing counsel no later than the pretrial conference unless otherwise ordered by the court, so that any objection raised by the opposing side can be addressed well in advance of trial.

What, if any, procedures do you have concerning objections at trial?

No speaking objections are permitted. Counsel should state "Objection," followed by the legal grounds stated in as few words as possible. Further argument may be made only if the court grants permission to approach the bench. Repeated speaking objections may be considered direct contempt of court. Counsel should not argue further after the court's ruling.

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, if the court has requested proposed findings of fact and conclusions of law. (Microsoft Word format)

When a dispute arises during a deposition, is it appropriate to call chambers to seek an immediate ruling?

Yes, as further explained herein. Counsel for each of the parties to the deposition dispute should carefully review the FLorida Rules of Civil Procedure and the Guidelines for Professional Conduct (posted on the Florida Bar website) before placing the call. If the court is available, a brief hearing will be held.

Do you have any advice for new/inexperienced lawyers?

Know Florida Rules of Civil Procedure and the Guidelines for Professional Conduct (Florida Bar website) Apply to an Inn of Court in your area of practice. Seek out a mentor and observe often Be prepared.