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Last Modified 04/04/2005 05:17 PM
Kenneth A. Marra
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: 299 East Broward Blvd.
Ft. Lauderdale, FL 33301
Phone Number: 954-769-5680
Fax Number:
Assigned Courtroom:207

1. STAFF:

Judicial Administrator/Law Clerk: Leela Hubert
Phone: 954-769-5680

Courtroom Deputy: Michele Tarallo
Phone: 954-769-5685

Court Reporter: Denise Errett
Phone: 954-769-5687

Docket Clerk: Carol Hunte
Phone: 954-769-5412

Law Clerks:

(1) Debbie Lowman
Term Ending: 9/05
Law School: University of Florida Levin College of Law

(2) Mindy Levinson
Term Ending: 9/06
Law School: Northeastern University School of Law

(3) Alexandra Parra
Term Ending: 9/07
Law School: University of Miami School of Law

Policy regarding communication with staff, do you permit counsel to contact assigned law clerks?
Yes X No___

Is it appropriate to telephone Chambers regarding questions of procedure on pending matters?
Yes X No___

Is it appropriate to telephone, (your assigned docketing clerk or deputy clerk at the Clerk’s office), Chambers regarding the status of pending matters?
Yes___ No X

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 X No___

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___

Is it appropriate to cite unpublished opinions in motions or memoranda?
Yes X No___

If so, should copies be attached to the motions or memoranda?
Yes___ No X

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___

What can an attorney do to call attention to a pending motion of particular importance to expedite ruling?
Contact the assigned law clerk.

Will you entertain motions in limine prior to trial?
Yes X No___

If you will consider motions in limine prior to trial, how far in advance should they be filed?
Follow the requirements of the order setting the matter for trial.

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?

Do you hear preliminary injunction motions yourself?
Yes X No___

If YES, do you limit the hearing to argument of counsel?
Yes___ No___ It depends on the case.

If NO, do you routinely refer preliminary injunctions for report and recommendation by a U.S. Magistrate Judge?
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?
Generally I do not have oral argument in civil cases.

C. Settlement:

What is your policy/practice regarding the use of alternative dispute resolution devices such as court-annexed, non-binding arbitration and mediation?

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 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___ That depends on the practice of the assigned Magistrate Judge.

E. Pretrial Conference:

Do you personally conduct pretrial conferences in your cases?
Yes___ No X

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

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 X

If YES, what is your policy?

B. Pleas:

What is your policy concerning nolo contendere or Alford?
In an appropriate case, I will accept them.

What is your policy concerning plea arrangements that involve sentencing recommendations?
In an appropriate case, I will accept them.

4. TRIAL:

A. Trial dates:

Do you grant trial dates certain?
Yes X No___

If YES, under what circumstances will you grant trial date certain?
In a very lengthy case that requires much witness coordination.

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___ Generally

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]
As much notice as possible, but reasonable notice is given.

B. Trial Briefs:

Do you require trial briefs in jury trials?
Yes___ No___ Order setting trial will specify if required.

Do you require trial briefs in bench trials?
Yes___ No___ Order setting trial will specify if required.

What are your requirements for trial briefs?
Order setting trial will specify if required.

When are trial briefs due?
Order setting trial will specify if required.

Do you require proposed findings of fact and conclusions of law to be filed in bench trials?
Yes___ No___ Order setting trial will specify if required.

If YES, when do you require the proposed findings of fact and conclusions of law to be filed?

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?
Order setting trial will specify if required.

Where standard jury instructions are available, do you prefer that attorneys submit condensed versions of the standard instructions?
Yes___ No___ I don't understand the question. What is a condensed version of the standard instructions?

Should jury instructions also be submitted to Chambers on a computer disk?
Yes X No___

C. Voir Dire:

Do you permit counsel to perform voir dire?
Yes X No___

If YES, what guidelines or restrictions must counsel follow when conducting voir dire?
No restrictions other than time.

If judge conducts voir dire, can parties submit proposed voir dire questions?
Yes X No___

If YES, when should such questions be submitted?
Order setting trial will specify. If not, the day trial begins.

What are your preemptory challenge procedures?
No back striking is permitted.

In multiple party cases, do you grant each party three preemptory challenges?
Yes___ No___ I depends on the relationship between the parties.

If NO, do you limit each side [i.e., plaintiff/defense] a total of three preemptory challenges to be shared?
Yes___ No___ I depends on the relationship between the parties.

Do you allow back striking during jury selection?
Yes___ No X

D. Opening Statement:

Do you have any standard time limits imposed upon counsel?
Yes___ No X

If YES, what are the time limits?

Can exhibits be used in opening statements?
Yes X No___ If not objectionable

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 X No___

F. Procedure for Use of Videotapes, Trial Graphics, Depositions and Demonstrations:

What, if any, procedural requirements do you have relative to the use of videotapes, trial graphics, depositions and demonstrations?
Nothing specific.

G. Procedure for Objections:

What, if any, procedures do you have concerning objections at trial?
No speaking objections in front of the jury.

H. Jury Procedures:

Do you permit jurors to take notes?
Yes X No___

Do you permit jurors to ask questions either orally (writing)?
Yes___ No X

If YES, under what constraints and restrictions?

5. SENTENCING:

Do you allow the submission of sentencing memoranda?
Yes X No___

If YES, under what circumstances do you allow such submission?
No restrictions.

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?


© The Florida Bar - 2005 - Version 1.0.2