James C. Paine
U.S. District Judge
The following information has been secured by voluntary questionnaire from the judiciary. This information is not binding on any judge or court official and may not be relied upon for precedential purposes.
| Location of Chambers: | 701 Clematis Street, Room 453, West Palm Beach, FL 33401 |
| Phone Number: | (561) 803-3430 |
| Assigned Courtroom: | Courtroom 2 |
1. STAFF:
Scheduling Judicial Assistant/Secretary: America R. Lluvera
Courtroom Deputy: Svava Ringheim
Phone Number: (561) 803-3432
Court Reporter: N/A
Docket Clerk: Depends upon last digit of case number in West Palm Beach
Phone Number: (561) 803-3400
Law Clerks:
(1) Denise Brown
Term Ending: Career
Law School: University of Miami
(2) Paola Beall Frasca
Term Ending: Career
Law School: John Marshall Law School, Chicago, IL
Policy regarding communication with staff [i.e., Do you permit counsel to contact assigned law clerks?]:
Yes_X_No___
2. PRETRIAL PROCEDURE (CIVIL):
A. Preliminary Pretrial Hearings:
Do you conduct preliminary pretrial hearings?
Yes___No_X_
If YES, what matters do you typically discuss during preliminary pretrial hearings?
If NO, do you refer preliminary pretrial hearings to a United States Magistrate Judge?
Yes___No_X_ (not unless the case is exceedingly complex)
B. Motion Practice:
Do you regularly set aside time during a given week/month for hearings on motions?
Yes___No_X_
If YES, when is your normal hearing date/time?
What are your procedures concerning ex-parte temporary restraining orders?
When warranted, a hearing is held.
Do you hear preliminary injunction motions yourself?
Yes_X_No___
If NO, do you routinely refer preliminary injunctions for report and recommendation by a U.S. Magistrate Judge?
Yes___No___
If YES, do you limit the hearing to argument of counsel?
Yes___No_X_
If NO, what are your procedures for the receipt of evidence during a hearing on a preliminary injunction?
The procedures are comparable to those used during trial.
What is your practice concerning oral arguments of dispositive motions?
When warranted, a hearing on a dispositive motion will be held.
C. Settlement:
What is your policy/practice regarding the use of alternative dispute resolution devices such as court-annexed, non-binding arbitration and mediation?
The parties are encouraged to utilize ADR techniques. Mediation is required under the local rules.
Do you personally conduct settlement discussions?
Yes___No_X_
If YES, under that circumstances?
D. Discovery:
Do you refer discovery matters to a U.S. Magistrate Judge?
Yes___No_X_ (Except in unusual circumstances)
E. Pretrial Conference:
Do you personally conduct pretrial conferences in your cases?
Yes___No_X_ (Except in unusual circumstances)
If YES, do you have a standing order regarding pretrial conference?
Yes___No___
If YES, please attach a copy.
3. PRETRIAL PROCEDURE (CRIMINAL)
A. Preliminary Pretrial Hearings:
Do you personally conduct preliminary pretrial conferences in criminal cases?
Yes___No_X_ (Except in unusual circumstances)
If YES, what matters do you typically discuss during a preliminary pretrial conference?
If NO, do you refer preliminary pretrial conferences to U.S. Magistrate Judges?
Yes___No_X_
Do you have a policy regarding the timing of disclosure of Jencks Act material?
Yes___No___
If YES, what is your policy?
B. Pleas:
What is your policy concerning nolo contendere or Alford?
What is your policy concerning plea arrangements that involve sentencing recommendations?
4. TRIAL:
A. Trial Dates:
Do you grant trial dates certain?
Yes_X_No___ (Sometimes)
If YES, under what circumstances will you grant trial date certain?
When trial is to be held in an unusual location, involves a very large number of parties, or when circumstances otherwise warrant such treatment.
If a case is not reached during the scheduled trial term, will the trial date be automatically rescheduled on your next trial docket?
Yes_X_No___
If NO, what is your practice or procedure regarding rescheduling trials which are not reached on a trial docket?
What is your policy regarding notice of being called for trial during a trial docket? [e.g., 48 hours]
At least 24 hours.
B. Trial Briefs.
Do you require trial briefs in jury trials?
Yes_X_No___
Do you require trial briefs in bench trials?
Yes_X_No___
What are your requirements for trial briefs?
See attached Order.
When are trial briefs due?
See attached Order.
Do you require proposed findings of fact and conclusions of law to be filed in bench trials?
Yes_X_No___
If YES, when do you require the proposed findings of fact and conclusions of law to be filed?
See attached Order.
When do you require parties to file proposed jury instructions?
See attached Order.
C. Voir Dire:
Do you permit counsel to conduct voir dire?
Yes_X_No___
If YES, what guidelines or restrictions must counsel follow when conducting voir dire?
If judge conducts voir dire, can parties submit proposed voir dire questions?
Yes___No___
If YES, when should such questions be submitted?
What are your preemptory challenge procedures?
In multiple party cases, do you grant each party three preemptory challenges?
Yes___No_X_
If NO, do you limit each side [i.e., plaintiff/defense] a total of three preemptory challenges to be shared?
Yes_X_No___
D. Opening Statement:
Do you have any standard time limits imposed upon counsel?
Yes___No_X_ (It varies on a case by case basis).
If YES, what are the time limits?
Can exhibits be used in opening statements?
Yes___No_X_
E. Use of Expert:
Do you conduct Daubert hearings prior to trial?
Yes_X_No___ When warranted.
F. Procedure For Use Of Videotapes, Trial Graphics, Depositions and Demonstrations.
G. Procedure For Objections:
H. Jury Procedures:
Do you permit jurors to take notes?
Yes_X_No___
Do you permit jurors to ask questions either orally (writing)?
Yes_X_No___
If YES, under what constraints and restrictions?
Written questions are permitted during deliberations.
5. SENTENCING:
Do you allow the submission of sentencing memoranda?
Yes_X_No___
If YES, under what circumstances do you allow such submission?
Routinely
Do you divulge the probation officer's sentencing recommendation?
Yes___No_X_
6. OTHER QUESTIONS:
What are your “pet peeves,” for the information of the lawyers appearing before you?
What, if any, other observations or suggestions do you have for members of the Bar appearing before you?
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