James Lawrence King
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: ||James Lawrence King Federal Justice Building, 99 NE 4th St., Room 1127, Miami, FL 33132|
|Phone Number: ||(305) 523-5000|
|Assigned Courtroom: || #2, 11th Floor|
Scheduling Assistant/Secretary: Sandra Diaz
2. PRETRIAL PROCEDURE (CIVIL):
Courtroom Deputy: Joyce Williams
Docket Clerk: Amy Jordan
Phone Number: (305) 523-5238
(1) Michael Quartarone
Term Ending: 6/05
Law School: George Washington University Law School
(2) Herman Russomanno
Term Ending: 9/05
Law School: St. Thomas
Policy regarding communication with staff [i.e., Do you permit counsel to contact assigned law clerks?]:
A. Preliminary Pretrial Hearings:
3. PRETRIAL PROCEDURE (CRIMINAL)
Do you conduct preliminary pretrial hearings?
If YES, what matters do you typically discuss during preliminary pretrial hearings?
20 days after Answer filed.
If NO, do you refer preliminary pretrial hearings to a United States Magistrate Judge?
B. Motion Practice:
Do you regularly set aside time during a given week/month for hearings on motions?
If YES, when is your normal hearing date/time?
They are specially set by Courtroom Deputy when oral argument is required by
What are your procedures concerning ex-parte temporary restraining orders?
I set them for immediate hearing.
Do you hear preliminary injunction motions yourself?
If NO, do you routinely refer preliminary injunctions for report and recommendation by a U.S. Magistrate Judge?
If YES, do you limit the hearing to argument of counsel?
If NO, what are your procedures for the receipt of evidence during a hearing on a preliminary injunction?
The same as any non-jury trial.
What is your practice concerning oral arguments of dispositive motions?
If it will be helpful if they are promptly scheduled.
What is your policy/practice regarding the use of alternative dispute resolution devices such as court-annexed, non-binding arbitration and mediation?
Fine, if the parties stipulate to do it provided it does not interfere with P/T and
Do you personally conduct settlement discussions?
If YES, under that circumstances?
At P/T conferences.
Do you refer discovery matters to a U.S. Magistrate Judge?
E. Pretrial Conference:
Do you personally conduct pretrial conferences in your cases?
If YES, do you have a standing order regarding pretrial conference?
Yes_X_No___ (If YES, please attach a copy.)
A. Preliminary Pretrial Hearings:
Do you personally conduct preliminary pretrial conferences in criminal cases?
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 Judge?
Do you have a policy regarding the timing of disclosure of Jencks Act material?
If YES, what is your policy?
Generally the day prior to trial, so it does not necessitate delay in trial for
defendant counsel to review prior to cross exam.
What is your policy concerning nolo contendere or Alford?
What is your policy concerning plea arrangements that involve sentencing recommendations?
A. Trial Dates:
Do you grant trial dates certain?
Yes_X_No___ On two week calendars – not certain dates within 2 week calendar. This is done at calendar call.
If YES, under what circumstances will you grant trial date certain?
If the case is estimated to be 2 weeks or longer.
If a 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 are not reached on a trial docket?
They are all reached on the 2 week calendar or day certain for long trials – There MUST be certainty in Trial Settings! "Tracking calendars" are an abomination!
What is your policy regarding notice of being called for trial during a trial docket? [e.g., 48 hours]
Everyone knows where they are on 2 week calendars – (1-2-3-etc.) we Stay in Touch – Lawyers can call in.
B. Trial Briefs.
Do you require trial briefs in jury trials?
Do you require trial briefs in bench trials?
Yes___No_X_ We rely on P/T/Stip.
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?
If YES, when do you require the proposed findings of fact and conclusions of law to be filed?
When do you require parties to file proposed jury instructions?
The day prior to the charge conference.
C. Voir Dire:
Do you permit counsel to conduct voir dire?
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?
If YES, when should such questions be submitted?
When trial begins.
What are your preemptory challenge procedures?
10-6 criminal; 6 civil.
In multiple party cases, do you grant each party three preemptory challenges?
Yes___No___ It depends on the case and circumstances.
If NO, do you limit each side [i.e., plaintiff/defense] a total of three preemptory challenges to be shared?
D. Opening Statement:
Do you have any standard time limits imposed upon counsel?
If YES, what are the time limits?
Can exhibits be used in opening statements
Yes_X_No___ If no one objects. If they do – I rule on objection
E. Use of Expert:
Do you conduct Daubert hearings prior to trial?
F. Procedure For Use Of Videotapes, Trial Graphics, Depositions and Demonstrations.
Generally parties agree – if not – I rule after listening to parties.
G. Procedure For Objections:
Lawyers make them – I listen & rule.
H. Jury Procedures.
Do you permit jurors to take notes?
Yes_X_No___ If they request, I don't push it.
Do you permit jurors to ask questions either orally (writing)?
If YES, under what constraints and restrictions?
6. OTHER QUESTIONS:
I do it every day – usually at 1:30 p.m.
Do you allow the submission of sentencing memoranda?
If Yes, under what circumstances do you allow such submission?
Do you divulge the probation officer's sentencing recommendations?
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?