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Last Modified 05/26/2004 10:45 AM
Jose E. Martinez
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: United States District Court
Southern District of Florida
Phone Number: (305) 523-5590
Assigned Courtroom: Courtroom 3, 3rd floor

1. STAFF:
    Judicial Administrator: Diane Quinn

    Courtroom Deputy: Wanda Holston
    Phone Number: (305) 523-5595

      Law Clerks:

      (1): Ashley Jones
      Term Ending: Fall 2006
      Law School: University of Tennessee

      (2): Jennifer L. Poole
      Term Ending: Fall 2005
      Law School: DePaul University

    Policy regarding communication with staff [i.e., Do you permit counsel to contact assigned law clerks?]:
    Yes_X_No___

    Docketing Clerk: Rickey Ahmad
    Phone number: (305) 523-5234

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

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

    B. Motion Practice:

      Should courtesy copies of pleadings and motions be forwarded to Chambers?
      Yes___No_X_ Unless requested by Chamber's staff.

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

      If so, do you object to cases printed in “Westlaw” or CD-ROM format rather than copied from a reporter?
      Yes___No___ N/A

      Is it appropriate to cite unpublished opinions in motions or memoranda?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

      If so, should copies be attached to the motions or memoranda?
      Yes___No___ N/A

      If copies of cases are submitted, do you accept copies which have portions highlighted by counsel?
      Yes___No_X_

      Do you allow telephonic hearings?
      Yes_X_No___ If previously approved by Judge and coordinated with Chamber's staff.

      What can an attorney do to call attention to a pending motion of particular importance to expedite ruling?
      So state in the motion.

      Will you entertain motions in limine prior to trial?
      Yes_X_No___ However, such motions are generally denied without prejudice to be renewed at trial.

      If you will consider motions in limine prior to trial, how far in advance should they be filed?
      According to the applicable pretrial order.

      Do you regularly set aside time during a given week/month for hearings on motions?
      Yes_X_No___

      If YES, when is your normal hearing date/time?
      Friday afternoons at 5:00 p.m., especially for discovery disputes.

      What are your procedures concerning ex-parte temporary restraining orders?
      Varies

      Do you hear preliminary injunction motions yourself?
      Yes___No___ Varies

      If YES, do you limit the hearing to argument of counsel?
      Yes___No___ Varies

      If NO, what are your procedures for the receipt of evidence during a hearing on a preliminary injunction?

      What is your practice concerning oral arguments of dispositive motions?
      Normally, oral arguments are not 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?
      All cases are referred to mediation in the trial-setting order.

      Do you personally conduct settlement discussions?
      Yes___No_X_

      If YES, under what circumstances?

    D. Discovery:

      Do you refer discovery matters to a U.S. Magistrate Judge?
      Yes_X_No___

      When a dispute arises during a deposition, is it appropriate to call the Magistrate Judge's Chambers to seek an immediate ruling?
      Yes___No___ If discovery is referred to Magistrate Judge, contact the appropriate Magistrate Judge for the Magistrate Judge's policy.

    E. Pretrial Conference:

      Do you personally conduct pretrial conferences in your cases?
      Yes___No_X_

      Do you have a standing order regarding pretrial conference?
      Yes___No_X_

      If YES, please attach a copy.
3. PRETRIAL PROCEDURE (CRIMINAL)
    A. Preliminary Pretrial Hearings:

      Do you conduct preliminary pretrial conferences in criminal cases?
      Yes___No_X_

      If Yes, what matters do you typically discuss during the 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_X_

      If Yes, what is your policy?

    B. Pleas:

      What is your policy concerning nolo contendere or Alford pleas?

      What is your policy concerning plea arrangements that involve sentencing recommendations pursuant to Fed. Rule Crim. P. 11(B)?; Pursuant to Rule 11(C)?
4. TRIAL:
    A. Trial dates:

      Do you grant trial dates certain?
      Yes___No_X_

      If YES, under what circumstances will you grant trial date certain?

      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]
      The parties will be on stand-by for a call at anytime; however, generally half a day's notice will be given (e.g., call at 9:00 a.m. to start at 1:30 p.m.)

    B. Trial briefs:

      Do you require trial briefs in jury trials?
      Yes___No_X_

      Do you require trial briefs in bench trials?
      Yes___No_X_

      What are your requirements for trial briefs?
      N/A

      When are trial briefs due?
      N/A

      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?
      According to the deadline set by the trial-setting order.

      Should findings of fact and conclusions of law filed in connection with a bench trial also be submitted to Chambers on a disk?
      Yes_X_No___ WordPerfect 10.0 format

      When do you require parties to file proposed jury instructions?
      According to the deadline set by the trial-setting order.

      Where standard jury instructions are available, do you prefer that attorneys submit condensed versions of the standard instructions?
      Yes___No_X_

      Should jury instructions also be submitted to Chambers on a computer disk?
      Yes_X_No___ WordPerfect 10.0 format

    C. Voir Dire:

      Do you allow counsel to ask questions during voir dire?
      Yes_X_No___ Generally very limited questioning is permitted.

      If YES, what guidelines or restrictions must counsel follow when conducting voir dire?
      Ground rules will be given to counsel prior to trial and are available from Chambers.

      If judge conducts voir dire, can parties submit proposed voir dire questions?
      Yes_X_No___

      If YES, when should such questions be submitted?
      According to the deadline by the trial-setting order.

      What are your preemptory challenge procedures?
      Counsel will be given ground rules. No bankruptcy.

      In multiple party cases, do you grant each party three preemptory challenges?
      Yes___No_X_ Generally

      If NO, do you limit each side [i.e., plaintiff/defense] a total of three preemptory challenges to be shared?
      Yes_X_No___ with some exceptions.

    D. Opening Statement:

      Do you have any standard time limits imposed upon counsel?
      Yes___No_X_ Varies by case, however, counsel shall adhere to the limits imposed.

      If YES, what are the time limits?

      Can exhibits be used in opening statements?
      Yes_X_No___

      Do you allow plaintiffs to make a rebuttal during opening statements?
      Yes___No_X_

    E. Use of Expert:

      Do you conduct Daubert hearings prior to trial?
      Yes___No___

    F. Procedure For Use Of Videotapes, Trial Graphics, Depositions and Demonstrations:

      Motions for electronic equipment shall be submitted in a timely fashion. Electronic equipment shall not obstruct the Jury's view of the witness or criminal defendant. Deposition designations shall be done according to court's trial-setting order.

    G. Procedure For Objections:

      No speaking objection. One(1) word, rule name or number.

    H. Jury Procedures:

      Do you permit jurors to take notes?
      Yes___No_X_

      Do you permit jurors to ask questions either orally (writing)?
      Yes___No_X_

      If YES, under what constraints and restrictions?
5. SENTENCING: (On Misdemeanors Only)
      Do you allow the submission of sentencing memoranda?
      Yes___No___

      If YES, under what circumstances do you allow such submission?

      Do you divulge the probation officer’s sentencing recommendation?
      Yes___No___
6. OTHER QUESTIONS:
      What are your “pet peeves,” for the information of the lawyers appearing before you?
      Coming to court without a copy of the rules of procedure and evidence.
      Using witness testimoney as discovery.
      Failure to comply with local rules or rules of procedure.
      Failure to use microphones.
      Counsel who fail to listen to Judge's cues.
      Motions for continuances that are filed after the deadline has past.
      "Emergency" motions that are caused by counsel's failures.
      Notices of unavailability.
      Parading around the courtroom like a Vegas nightclub act.
      Failure to adhere to this court's time limits.
      Lack of preparation.

      What, if any, other observations or suggestions do you have for members of the Bar appearing before you?




Attachment 1.pdf Preferences


© The Florida Bar - 2005 - Version 1.0.2