13th Judicial Circuit

JUDGE'S Preferences
Bench Bar Survey results

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

Yes, as to procedures, but I encourage lawyers to review my webpage of the circuit web site before calling as many questions which my judicial assistant receives are addressed.

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

Yes, if a matter is pending in terms of an anticipated ruling, it is appropriate to call and schedule a telephonic hearing for the judge to announce the ruling. If you are wondering if an order has been entered it is better to check with the Clerk’s office.

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

If it is a request for an ex parte ruling, you can call the judicial assistant to see if the request has been granted or denied. If denied, you will need to schedule a motion for a hearing with notice to the opposing parties. If it is a matter which has already been heard and the judge has the matter under advisement, please call to schedule a telephonic hearing for the judge to announce the ruling. Most times I tell attorneys when to expect the ruling and I encourage them to set it for a hearing to announce my ruling if they are not contacted within 10 days of that date.

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

No later than two working days prior to the hearing. Also, case law should also be submitted. A failure to do so does not guarantee that the court will use the time reserved for the hearing to read memorandum and case law submitted during the hearing prior to announcing a ruling.

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. Hearings are now set with the assistance of the J-Calendar online program. Copies of the notice of hearing and the matter being heard are submitted electronically at the time of scheduling with the original hard copy filed with the Clerk’s Office. Matters should not be scheduled for hearing unless the motion has already been filed with the Clerk.

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

The same key cases upon which the attorney will rely in argument should be forwarded to the chambers well in advance and not later than 48 working hours prior to the hearing. Cases which are cited to support a general proposition and are not considered to be key cases, need not be submitted. Cases with “yellow flags” should have the reason for the caution explained.

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

I prefer cases which include headnotes.

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

If by “unpublished” you mean opinions written by other circuit judges on a developing area of law, yes, as long as the attorney makes it clear whether these opinions are final or under appeal.

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?

Only fax the notice of hearing and matter being heard through J-Calendar. Memoranda and draft orders should not be faxed unless you have prior authorization from the judicial assistant.

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. Please submit a motion with an order with sufficient copies & envelopes for conforming no later than 10 days prior to the hearing. If the hearing is an evidentiary hearing, please submit either a stipulation from opposing counsel along with the motion or get permission from opposing counsel to represent to the court that it is an unopposed motion for telephonic appearance.

Do you have any special procedures for handling emergency motions?

Emergency motions may be submitted to my judicial assistant for my review. If the motion requests an ex parte order, the proposed order should accompany the motion. If the motion requests and emergency setting, a copy should be submitted for my review prior to requesting such an emergency setting. If a motion for ex parte consideration is submitted, then the attorney is to contact the judicial assistant to see whether I want the cause set for a hearing with notice.

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

Only evidentiary motions in limine need to be set for a hearing for a time separate from the pre-trial conference. Other motions in limine will be addressed at the pre-trial conference and I will instruct the attorneys when they will be heard.

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 preliminary injunctions, I will receive all evidence which counsel, in good faith, believes is necessary to meet their burden and will permit cross-examination and other evidence as to the reliability of the evidence of the moving party.

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

I require all matters to be mediated prior to trial. With prior motion and opportunity to be heard by all parties, I will consider permitting the use of non-binding arbitration in lieu of mediation.

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

For nonjury matters set for a half day or less; and, for other matters based on extraordinary circumstances, such as the desirability of presenting the testimony of an elderly or medically unstable party.

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. Trials which are not reached because there was not a trial court available, will be given first priority on the trial docket on which they are reset. However, the trial period must be of adequate length to accommodate the trial. For example, if the matter not reached was a two week trial, counsel must verify the trial period for which has been reset is also a two week trial period.

Do you require trial briefs in jury trials?

No, but I am open to innovative approaches to assist the jury in understanding medical or other technical terms which will be used by experts or using individual juror exhibit notebooks on exhibits which have been pre-admitted.

Do you require trial briefs in bench trials?

I don’t require them but I sure do appreciate them.

What are your requirements for trial briefs?

I do not have any requirements, but to be most useful, the trial brief should set out the elements of the cause of action upon which the party has chosen to proceed in outline form and each element should have included underneath it any applicable statutory or other rule of law which provides the burden of proof as to this element followed by the source of the facts to support the conclusion of law and summarizing content of the source’s evidence (i.e. Judy Patudi, March 4, 2004, deposing page 10, lines 1-22, states the light had been green for at least thirty seconds prior to the plaintiff driving through the intersection).

When are trial briefs due?

48 hours prior to the trial if hand delivering a copy to opposing counsel. Otherwise, one week.

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?

Not for every case, but I find it to be very useful, especially in business litigation. Findings of fact and conclusions of law should filed 48 hours in advance if hand delivering a copy to opposing counsel. Otherwise, one week.

When do you require parties to file proposed jury instructions?

I require Plaintiff to bring the proposed jury instructions on the first day of trial after which, the Defense can submit any other jury instructions which differ from those proposed by the Plaintiff. After the charge conference, the Plaintiff is in charge of preparing the jury instructions (and verdict form) in final form. I do not require the submission of computer disks by either party. The Plaintiff is also required to provide copies of the jury instructions for each juror.

In multiple party cases, do you grant each party three peremptory challenges?

Not automatically, we address this at the pre-trial conference.

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

I have not found it to be necessary to impose any standard time limits at this point.

Can exhibits be used in opening statements?

I have allowed exhibits to be used in opening as long as we have addressed it in advance. Demonstrative exhibits must be disclosed to opposing counsel as provided for evidentiary exhibits. To the extent a power point presentation uses graphics, such graphics are considered a demonstrative exhibit.

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

No.

Do you conduct evidentiary hearings on experts prior to trial?

If required by law (i.e. Frye hearing).

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

They need to be provided to opposing counsel no later than the pre-trial conference unless otherwise ordered by the court, so that we can address issues such as prejudice and reliability.

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

No speaking objections, just the legal grounds; further argument may be made only if the court grants permission to approach the bench; no arguing with the court’s ruling. Repeated speaking objections may be considered direct contempt of court.

Do you permit jurors to ask questions either orally or in writing?

No oral questions; written questions are permitted only if one party requests this procedure. I give this instruction in conjunction with the instruction on taking notes.

Do you allow jurors to take notes during trial?

I encourage jurors to take notes and give the standard instruction.

Should jury instructions also be submitted to Chambers on a computer disk?

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?

Not as a routine matter, although I may request this on occasion.

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

Only after counsel reviews the rules of civil procedure and the rules of professionalism.

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?

Watch jury trials conducted by the judge you are going to appear in front of so you can be aware of the judge’s personal preferences. Review the judge’s webpage (if any) to find out about the judge’s published procedures and preferences. Watch respected trial attorneys so you can form good habits (easier than breaking bad ones). Join an Inn of Court and take advantage of whatever formal and informal mentoring opportunities are available in your community. Keep the long view, a good reputation is easy to lose and a bad reputation hard to erase. Prepare for hearings. The court will respect legally supported propositions over bombastic oration every time.