Donald L. Graham
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: | 99 N.E. 4th Street, Room 1155
Miami, Florida 33132 |
| Phone Number: | (305) 523-5130 |
| Assigned Courtroom: | Courtroom 1, 11th Floor |
1. STAFF:
Judicial Administrator: Gina Wong
Phone Number: (305) 523-5131
Courtroom Deputy: Clara Foster
Phone Number: (305) 523-5135
Court Reporter: Carleen Horenkamp
Phone Number: (305) 523-5138
Docket Clerk: Donna Gay
Phone Number: (305) 523-5243
Law Clerks
(1): Amie Riggle
Term Ending: 9/25/06
Law School: Columbia
(2): Patricia Acosta
Term Ending: 9/2/05
Law School: University of Miami
Policy regarding communication with staff [i.e., Do you permit counsel to contact assigned law clerks?]:
Yes___No___ Counsel may generally communicate with the clerks, however, no inquiries regarding status of a pending motion unless the motion has been pending for an inordinate length of time.
Is it appropriate to telephone Chambers regarding questions of procedure on pending matters?
Yes___No___
Is it appropriate to telephone your assigned docketing clerk or deputy clerk at the
Clerk’s office regarding the status of pending matters?
Yes___No___
2. PRETRIAL PROCEDURE (CIVIL)
A. Preliminary Pretrial Hearings:
Do you conduct preliminary pretrial hearings?
Yes_X_No___
If YES, what matters do you typically discuss during preliminary pretrial hearings:
Status conferences are scheduled approximately one (1) month after a responsive pleading and/or answer has been filed by the defendant.
B. Motion Practice:
Should courtesy copies of pleadings and motions be forwarded to Chambers?
Yes___No_X_ Not unless specifically requested.
Should copies of cases cited in motions and memoranda be forwarded to Chambers?
Yes___No___
If so, do you object to cases printed in “Westlaw” or CD-ROM format rather than copied from a reporter?
Yes___No___
Is it appropriate to cite unpublished opinions in motions or memoranda?
Yes___No___
If so, should copies be attached to the motions or memoranda?
Yes___No___
If copies of cases are submitted, do you accept copies which have portions highlighted by counsel?
Yes___No___
Do you allow telephonic hearings?
Yes___No___
What can an attorney do to call attention to a pending motion of particular importance to expedite ruling?
Will you entertain motions in limine prior to trial?
Yes___No___
If you will consider motions in limine prior to trial, how far in advance should they be filed?
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?
Movants are normally required to serve the opposing party prior to ruling on the request for temporary restraining order. In some instances, matters are referred to the magistrate judge.
Do you hear preliminary injunction motions on referral from a district judge?
Yes_X_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?
What is your practice concerning oral arguments of dispositive motions?
Oral argument on dispositive motions are rarely presented.
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 use of meditation is encouraged. Also, settlement conferences are used prior to trial and after unsuccessful mediation on a case by case basis.
Do you personally conduct settlement discussions?
Yes___No_X_
If YES, under what circumstances?
D. Discovery:
Do you receive referrals on discovery matters from a U.S. District Judge?
Yes_X_No___
When a dispute arises during a deposition, is it appropriate to call the Chambers to seek an immediate ruling?
Yes___No___
E. Pretrial Conference:
When matters are referred to you for pretrial conferences, do you have a standing order regarding pretrial conference?
Yes_X_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_X_No___
If Yes, what matters do you typically discuss during a preliminary pretrial conference?
Category III, IV, V, or multi-defendant cases.
If No, do you refer preliminary pretrial conferences to U.S. Magistrate Judges?
Yes___No_X_
When you conduct preliminary pretrial conferences in criminal cases, what matters do you typically discuss during the conference?
Do you have a policy regarding the timing of disclosure of Jencks Act material?
Yes_X_No___
If YES, what is your policy?
The Court requests that Jencks Act material be provided after the jury is sworn unless exceptional circumstances indicate otherwise.
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)?
A plea is scheduled at calendar call or in advance if parties agree on a date certain within the trial period. Generally, the Court follows Administrative Order 95-02 regarding sentencings.
4. TRIAL:
A. Trial dates:
Do you grant trial dates certain?
Yes_X_No___ With reference to criminal proceedings, criminal cases under categories III, IV, V, and/or multi-defendant cases may be granted trial dates certain. Civil proceedings are rarely granted trial dates certain.
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 Court attempts to give at least 24 hours notice, hoever, counsel should be prepared to be called for trial at any time during the trial period.
B. Trial briefs:
Do you require trial briefs in jury trials?
Yes___No_X_ However, the Court appreciates trial briefs especially when novel or unique issues exist.
Do you require trial briefs in bench trials?
Yes___No_X_ However, the Court appreciates trial briefs especially when novel or unique issues exist.
What are your requirements for trial briefs?
When are trial briefs due?
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?
Twelve days prior to trial period.
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___
When do you require parties to file proposed jury instructions?
Twelve days prior to trial period.
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___
C. Voir Dire:
Do you allow counsel to ask questions during voir dire?
Yes_X_No___
If YES, what guidelines or restrictions must counsel follow when conducting voir dire?
Time limitations are imposed.
If judge conducts voir dire, can parties submit proposed voir dire questions?
Yes___No___
If YES, when should such questions be submitted?
N/A
What are your preemptory challenge procedures?
Parties alternate exercising preemptory challenges.
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___No_X_
D. Opening Statement:
Do you have any standard time limits imposed upon counsel?
Yes_X_No___
If YES, what are the time limits?
Twenty (20) to thirty (30) minutes, however, the parties may request additional time.
Can exhibits be used in opening statements?
Yes_X_No___
Do you allow plaintiffs to make a rebuttal during opening statements?
Yes___No___
E. Use of Expert:
Do you conduct Daubert hearings prior to trial?
Yes_X_No___
F. Procedure For Use Of Videotapes, Trial Graphics, Depositions and Demonstrations:
G. Procedure For Objections:
Parties are to stand and announce a short legal basis for the objection. Speaking objections are not allowed.
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?
5. SENTENCING: (On Misdemeanors Only)
Sentencings are conducted in accordance with Local Rule 95-02. The Court's scheduling order and the Federal Rules of Criminal Procedure.
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?
What, if any, other observations or suggestions do you have for members of the Bar appearing before you?
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 Southern District of Florida Court Guidelines
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