- What type cases are heard in the Complex Business Litigation Division (“CBLD”)?
The CBLD for the 13th Judicial Circuit hears certain business related cases in which the amount in controversy is greater than $75,000 and certain other types of cases.
Administrative Order S-2007-004 establishing the CBLD details the types of cases which should be filed in this division (See the Administrative Order at www.fljud13.org).
- What can an attorney do to attempt to transfer a case to the CBLD?
The party may file a “Motion to Transfer Case to the Complex Business Litigation Division.” Any such motion is be considered by the judge presiding in Division “L.” If the presiding judge grants such a motion, the clerk will transfer the case to Division “L.”
- Where can I find more information about the CBLD?
Information, procedures and forms can be found on the CBLD website: http://www.fljud13.org/divisionspage_CBLD.asp
- How is motion practice different in the CBLD?
Generally, motions will be decided based upon the written motion, supporting memorandum of law and the opposing memorandum of law, without a hearing or oral argument (See Complex Business Procedures (“CBP”) 5.1 - 5.7).
There are exceptions to this general rule in which oral argument is permitted. Exceptions include dispositive motions, discovery motions and certain procedural and short motions (See CBP 5.11).
- How does the Court manage cases in the CBLD?
Each case assigned to the CBLD will have an initial case management conference (“CMC”) when the case will be “mapped out” by the parties and the judge. Prior to the initial CMC, counsel are required to meet and discuss every aspect of the case process. They then must agree on and prepare a Joint Case Management Report. (See CBP 6.1-6.3).
Thereafter, at the CMC conference, a litigation track will be assigned which is designed to set a trial date within the stated number of months from the date the complaint was field:
- Track 1- Business Expedited (within 13 months);
- Track 2- Business Standard (within 18 months); and
- Track 3- Business Complex (within 24 months).
From time to time the court will monitor the progress of the case to assure that the case is still on track. If a problem is identified, status conferences with counsel may be scheduled by the court.
- 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 CBLD website and CBLD procedures prior to calling.
- 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, it should be brought to the court's attention in the motion itself or at the time of the hearing on the motion (if a hearing is conducted). 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.
- Does every motion require a memorandum?
All motions, unless made orally during a hearing or a trial, shall be accompanied by a memorandum of law, except as provided in CBP 5.11. (See CBP 5.1-5.11).
- Are there page limitations on memoranda?
Any memorandum of law filed in support of or in opposition to a motion shall not exceed twenty (20) pages in length. (See CBP 5.1 & 5.5). Reply memorandum shall not exceed ten (10) pages in length. (See CBP 5.7).
- How far in advance of a hearing should memoranda be forwarded to Chambers?
See generally CBP 5.1, 5.5 & 5.7. As to any Trial Briefs, attorneys should apply a "thickness gauge." The more voluminous the materials the attorney wants the court to review, the greater the time period in advance of the trial or hearing the materials should be submitted. In any event, papers should arrive in chambers no later than two business days prior to a hearing. Copies of key cases cited in a memorandum are appreciated.
- Should courtesy copies of pleadings, motions and attachments be forwarded to Chambers and, if so, how far in advance?
See answers to questions 9, 10 & 11, above, as to when copies should arrive in chambers.
- Should copies of cases cited in motions and memoranda be forwarded to Chambers?
Yes. However, cases cited to support a general proposition of law and not considered to be key cases, need not be submitted.
- May courtesy copies of pleadings, motions, memoranda, and cases be forwarded via e-mail?
Yes. The parties should provide to the court a copy of all motions and memoranda filed with the Clerk. Such copies shall be served in electronic format by e-mail, disk or comparable electronic data transmission. (See CBP 5.9). The Division L e-mail address is: DivisionL@fljud13.org
- Do you object to cases printed in Westlaw or CD-ROM format rather than copied from a reporter?
No, I do not object, 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 indicate 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, memoranda, and draft orders via fax?
Yes, as qualified hereafter. Only fax short motions and notices (approximately 5 pages or less.) Contact my Judicial Assistant for procedures and the correct fax number.
- 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 the matter.
- Do you have any special procedures for handling emergency motions?
Emergency motions may be submitted to my judicial assistant for review by the court. If the motion requests, and is appropriate for, an ex parte order, the proposed order should accompany the motion. If the motion requests an emergency hearing, do not schedule the hearing until after the court has reviewed the motion and my judicial assistant contacts you.
- Will you entertain motions in limine prior to trial and, if so, how far in advance should they be filed?
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?
The court is open to all forms of ADR. See CBP Section 8. All cases must be mediated prior to trial.
- How quickly after the filing or transfer of a case to the CBLD will the Court issue and serve a notice of hearing and order on case management conference?
Within 30 days of filing or transfer of a case to the CBLD, the court will issue and serve on Plaintiff’s counsel a Notice of Hearing and Order on Case Management Conference (the “Notice”). Plaintiff’s counsel shall immediately thereafter serve a copy of the Notice on all Defendants. Defendants shall immediately serve a copy of the Notice on all Third Party Defendants.(See CBP 6.1).
- What, if any, requirements do you have for case management meetings and case management reports?
Regardless of the pendency of any undecided motions, Lead Trial Counsel shall meet no less than 30 days in advance of the Case Management Conference (“CMC”) to address certain subjects, along with other appropriate topics, including those set forth in Florida Rule of Civil Procedure 1.200(a), some of which will be incorporated into a Case Management Order prepared by the court. (See CBP 6.2).
No less than ten (10) days in advance of the CMC, the parties shall file the Joint Case Management Report addressing the matters described above and shall provide the court, but not file with the clerk, a CD-ROM or e-mail attachment containing the Joint Case Management Report. The Report shall comply with the procedures set forth in CBP 6.3.
- What, if any, special requirements do you have regarding motions to compel and for protective orders?
Motions must comply with CBP Section 5 and particularly, CBP 5.3. Any party seeking to compel discovery or to obtain a protective order with respect to discovery must identify the specific portion of the requested discovery that is directly relevant and ensure that it is filed as an attachment to the application for relief. (See CBP 5.16).
- What, if any, presumptive limits do you impose on discovery procedures (i.e., number of interrogatories, number of requests for admissions and number of depositions)?
Presumptively, subject to stipulation of the parties and order of the Court for good cause shown, each party is presumptively limited to the following number of discovery requests:
a. Fifty (50) interrogatories (including sub-parts) on each opposing party.
b. Fifty (50) requests for admission on each opposing party.
c. Twelve (12) depositions (not including depositions of testifying experts) taken by the plaintiffs, twelve (12) depositions taken by the defendants, and twelve (12) depositions taken by the third-party defendants, regardless of the number of separate parties designated as plaintiffs, defendants, and third-party defendants.
The parties may agree by stipulation on other limits on discovery within the context of the limits and deadlines established by the CBP and Case Management Order, but the parties may not alter the limitations provided by the CBP without leave of court. (See CBP 7.2).
- What, if any, special requirements do you have concerning discovery with respect to expert witnesses?
Discovery with respect to experts must be conducted within the discovery period established by the Case Management Order. (See CBP 7.5) Expert reports must be provided in accordance with CBP 7.5. The parties shall disclose all opinions to be expressed and the basis and reasons for such opinions; the data or other information considered by the witness in forming the opinions, any exhibits to be used as a summary of or support for the opinions; the qualifications of the witness, including a list of publications authored by the witness within the preceding ten years; the compensation to be paid for the study and testimony; and a listing of any other cases in which the witness has testified as an expert at trial or by deposition or affidavit within the preceding four years. Each party offering an expert witness shall provide three alternative dates for the deposition of the expert.
- Under what, if any, circumstances will you grant trial dates certain?
Such requests 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 or procedure regarding rescheduling 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 a Joint Final Pretrial Statement? If so, do you have any special requirements concerning the contents of the Joint Final Pretrial Statement?
Yes. On or before the date established in the Case Management Order, Lead Trial Counsel for all parties and any unrepresented parties shall meet together in person for the purpose of preparing a Joint Final Pretrial Statement that strictly conforms to the requirements of CBP 9.1-9.3.
- Do you require trial briefs in jury trials? If so, what are the requirements?
Trial briefs are not required. However, if the case involves out of the ordinary issues or evidentiary matters, a trial brief is appreciated.
- Do you require trial briefs in bench trials? If so, what are the requirements?
Trial briefs or memoranda should be submitted in accordance with CBP 10.1. 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?
Trial briefs or memoranda are due in accordance with CBP 10.1 (generally, a minimum of ten (10) days 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, see CBP 10.1. This subject should be discussed at pretrial conference.
- When do you require parties to file proposed jury instructions?
Proposed jury instructions are due the first day of trial. After the charge conference, the Plaintiff is responsible for preparing the jury instructions (and verdict form) in final form.
- In multiple party cases, do you grant each party three peremptory challenges?
Not automatically. This should be addressed at the pretrial conference.
- 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.
- What, if any, requirements do you have concerning examination of witnesses?
The court generally only permits direct, cross and redirect of a witness.
- 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.
- Do you permit jurors to ask questions either orally or in writing?
Written juror questions will be permitted in accordance with the Florida Rules of Civil Procedure or if all of the parties agree to permit or not permit juror questions. This is considered and decided at pretrial conference.
- Do you allow jurors to take notes during trial?
Taking of notes by jurors may be permitted in accordance with the Florida Rules of Civil Procedure or if all of the parties agree to permit or not permit juror note taking. This is considered and decided at pretrial conference.
- Should jury instructions also be submitted to Chambers on a computer disk?
It is not necessary if plaintiff's counsel is local. However, the court encourages all parties to submit jury instructions on CD-Rom disk (Word format).
- 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.
- 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 special procedures during voir dire?
No.
- Do you have any special procedures for back striking?
No.
- What is your policy/practice regarding JCalendar?
JCalendar is available for the use of on-line scheduling. However, the use of JCalendar in the CBLD is currently limited to UMC and discovery hearings.
- What is your policy/practice re uniform motion calendar hearings?
The court will convene a uniform motion calendar on a schedule published on the CBLD website (See CBP 17.1). Uniform motion calendar is reserved for uncontested matters, matters that can be heard in ten (10) minutes or less, and disputes over the form of proposed orders (as discussed in CBP 5.13c). No Discovery, Contempt, or Evidentiary hearings are allowed on the UMC docket. Motions will be allowed 5 minutes per side, not to exceed 10 minutes per case.
- Do you have any advice for new/inexperienced lawyers?
Become familiar with the Florida Rules of Civil Procedure and the Guidelines for Professional Conduct (posted on the Florida Bar website). Join an Inn of Court in your area of practice. Take advantage of any formal or informal mentoring opportunities available to you. Watch respected trial attorneys in trial so you can form good trial practice habits. Be well prepared for hearings and trial. Remember that a good reputation can be easily lost and a bad reputation is hard to overcome. Attend jury trials conducted by the judge with whom you are going to try your case so you can become familiar with the judge's procedures and personal preferences. Determine if the judge has a web page. If so, review it to learn about the judge's procedures and preferences.