Daniel T.K. Hurley
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 352, West Palm Beach, FL 33401 |
| Phone Number: | (561) 803-3450 |
| Assigned Courtroom: | Room 5 |
1. STAFF
Assistant/Secretary: Linda Lipps Rosi
Scheduling Courtroom Deputy: James Caldwell
Phone Number: (561) 803-3452
Court Reporter: Pauline Stipes
Phone Number: (561) 651-3866
Docket Clerk:
Phone Number: (561) 803-3400
Law Clerks:
(1) Theresa A. Dipaola
Term Ending: Permanent
Law School: Boston University
(2) Leon Fresco
Term Ending: August 2005
Law School: Yale University
Policy regarding communication with staff [i.e., Do you permit counsel to contact assigned law clerks?]:
Yes___No_X_ All communications go to James Caldwell, Courtroom Deputy
Phone Number: (561) 803-3452
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:
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?
Weekdays, Mon-Thurs 8:30 a.m. - 9:30 a.m.
What are your procedures concerning ex-parte temporary restraining orders?
Must be accompanied by Motion for Temporary Injunction which is referred to Magistrate.
Do you hear preliminary injunction motions yourself?
Yes___ No_X_
If NO, do you routinely refer preliminary injunctions for report and recommendation by a U.S. Magistrate Judge?
Yes_X_ No___
If YES, do you limit the hearing to argument of counsel?
Yes___No___
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?
Summary judgement motions are set for 1 hour hearings, usually 1 month before calendar call.
C. Settlement:
What is your policy/practice regarding the use of alternative dispute resolution devices such as court-annexed, non-binding arbitration and mediation?
Require mediation in every case unless parties can show good cause why mediation should not be held.
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___
E. Pretrial Conference:
Do you personally conduct pretrial conferences in your cases?
Yes_X_No___ Selective Cases.
If YES, 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___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 Judge?
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?
What is your policy concerning plea arrangements that involve sentencing recommendations?
N/A – Does not accept plea arguments with sentencing recommendations.
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___No_X_
If NO, what is your practice or procedure regarding rescheduling trials which are not reached on a trial docket?
The Court creates a top five list of cases which should be reached in a trailing calendar over a 60-day period. If the case is not reached in that period it is reset.
What is your policy regarding notice of being called for trial during a trial docket? [e.g., 48 hours]
Tries to give as much notice as possible.
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?
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?
On the day of trial
When do you require parties to file proposed jury instructions?
On the day of trial.
C. Voir Dire:
Do you permit counsel to conduct voir dire?
Yes___No_X_
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_X_No___
If YES, when should such questions be submitted?
On the day of trial.
What are your preemptory challenge procedures?
No back striking.
In multiple party cases, do you grant each party three preemptory challenges?
Yes_X_No___ Depends on community of interest.
If NO, do you limit each side [i.e., plaintiff/defense] a total of three preemptory challenges to be shared?
Yes___No___
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___
E. Use of Expert:
Do you conduct Daubert hearings prior to trial?
Yes_X_No___ Upon request.
F. Procedure For Use Of Videotapes, Trial Graphics, Depositions and Demonstrations:
Advance consultation with courtroom deputy is recommended.
G. Procedure For Objections:
Speaking objections are not permitted. Counsel must state the legal basis for his/her objection.
H. Jury Procedures:
Do you permit jurors to take notes?
Yes_X_No___
Do you permit jurors to ask questions either orallyor in writing?
Yes___No_X_ With regret I have abandoned a practice that I thought was valuable after the Eleventh Circuit counseled against it.
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?
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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