Adalberto Jordan
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: | 301 North Miami Avenue, 8th Floor, Miami, Florida 33128 |
| Phone Number: | (305) 523-5560 |
| Assigned Courtroom: | Courtroom 8 |
1. STAFF:
Scheduling Assistant/Secretary: Elsa Pazos
Phone Number: (305) 523-5561
Courtroom Deputy: Maria Conboy
Phone Number: (305) 523-5565
Court Reporter: Francine Salopek
Phone Number: (305) 523-5568
Law Clerks:
(1) Marlon Moffett
Term Ending: September 2005
Law School: Duke
(2) Ann Chen
Term Ending: September 2005
Law School: Michigan
Policy regarding communication with staff [i.e., Do you permit counsel to contact assigned law clerks?]:
Counsel may contact my staff, but only on procedural and administrative matters. Under no circumstances are attorneys to discuss the merits of a pending matter with my staff.
Docketing Clerk: Steven Kalogerakis
Phone Number: (305) 523-5248
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___ No___ Not unless the matter has an emergency motion pending, or a motion has been pending for more than 90 days.
2. PRETRIAL PROCEDURE (CIVIL):
A. Preliminary Pretrial Hearings:
Do you conduct preliminary pretrial hearings?
Yes___No___ Sometimes.
If YES, what matters do you typically discuss during preliminary pretrial hearings?:
If I conduct a pretrial hearing, I ask the attorneys to explain their theories and views of the case and tell me about any unique issues or problems they foresee. I will usually discuss discovery matters and scheduling issues with the attorneys at a pretrial hearing. If there are pending motions, I try to deal with them as well.
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___ Not unless requested.
Should copies of cases cited in motions and memoranda be forwarded to Chambers?
Yes___No_X_
If yes, do you object to cases printed in "Westlaw" or CD-ROM format rather than copied from a reporter?
Is it appropriate to cite unpublished opinions in motions or memoranda?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_X_No___
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?
The attorney can file a notice concerning the pendency of the motion.
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?
As early as possible, and no later than the date set forth in the local rules.
Do you regularly set aside time during a given week/month for hearings on motions?
Yes___No_X_ I do not have a set schedule for hearings on motions, but when I am in trial I try to set aside Friday as the day to hold hearings, take guilty pleas, and conduct sentencing proceedings.
If YES, when is your normal hearing date/time?
What are your procedures concerning ex-parte temporary restraining orders?
Counsel are to file their papers with the Clerk of the Court, who will then bring copies to me. Depending on the case and its posture, I may or may not request a response before issuing a ruling. My staff will call the attorneys as soon as I have issued an order.
Do you hear preliminary injunction motions yourself?
Yes_X_No___
If NO, do you routinely refer preliminary injunctions for report and recommendation by a U.S. Magistrate Judge?
Yes___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?
I generally permit the parties to present evidence to supplement their written submissions.
What is your practice concerning oral arguments of dispositive motions?
I try to schedule an oral argument on most dispositive motions.
C. Settlement:
What is your policy/practice regarding the use of alternative dispute resolution devices such as court-annexed, non-binding arbitration and mediation?
I require some form of ADR in all civil cases. I usually require the parties to engage in 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___ not unless the parties have made prior arrangements.
E. Pretrial Conference:
Do you personally conduct pretrial conferences in your cases?
Yes_X_No___
If YES, 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 personally conduct preliminary pretrial conferences in criminal cases?
Yes_X_No___
If YES, what matters do you typically discuss during a preliminary pretrial conference?
I try to discuss all pending matters, including the scheduling of the trial and any pre-trial proceedings.
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_X_No___
If YES, what is your policy?
I encourage the Government to provide Jencks Act material prior to the proceeding at which the witness is going to testify.
B. Pleas:
What is your policy concerning nolo contendere or Alford?
I do not accept nolo contendere or Alford pleas.
What is your policy concerning plea arrangements that involve sentencing recommendations?
I generally do not accept plea agreements which contain binding stipulations concerning sentencing.
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?
I will grant a certain trial date only in the rare case (e.g., a case which requires a long trial, or a case with many parties and attorneys). Normally cases are set for trial during a two-week calendar.
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]
After the calendar call, the parties are generally on 24-hour notice for trial.
B. Trial Briefs:
Do you require trial briefs in jury trials?
Yes___No_X_ I do not require trial briefs in jury trials, but find them to be very helpful.
Do you require trial briefs in bench trials?
Yes___No_X_
What are your requirements for trial briefs?
Trial briefs should explain the evidence to be presented and discuss the relevant legal principles. If there are complex or unique evidentiary issues, the trial briefs should discuss those matters as well.
When are trial briefs due?
Because they are not required, trial briefs can be submitted on the first day of trial.
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?
Proposed findings of fact and conclusions of law are usually due prior to the calendar call. The due date will be set out in the scheduling order. Sometimes I will postpone such submissions until after trial.
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?
Jury instructions are usually due prior to the calendar call. The due date will be set out in the scheduling order.
Where standard jury instructions are available, do you prefer that attorneys submit condensed versions of the standard instructions?
Yes_X_No___
Should jury instructions also be submitted to Chambers on a computer disk?
Yes_X_No___
C. Voir Dire:
Do you permit counsel to conduct voir dire?
Yes_X_No___
If YES, what guidelines or restrictions must counsel follow when conducting voir dire?
Counsel must not use voir dire to argue their case to the jury. In a non-complex civil or criminal case, I will give each of the attorneys about 15-20 minutes to question the panel.
If judge conducts voir dire, can parties submit proposed voir dire questions?
Yes_X_No___
If YES, when should such questions be submitted?
Such questions are normally due prior to the calendar call, at the same time as the jury instructions.
What are your preemptory challenge procedures?
All challenges are exercised outside of the venire's presence.
In multiple party cases, do you grant each party three preemptory challenges?
Yes___No_X_ I generally do not, though some cases may call for an increase in the number of such challenges.
If NO, do you limit each side [i.e., plaintiff/defense] a total of three preemptory challenges to be shared?
Yes___No___Same answer as above.
D. Opening Statement:
Do you have any standard time limits imposed upon counsel?
Yes___No_X_ The amount of time permitted for opening statement depends on the nature of the case and the number of parties.
If YES, what are the time limits?
Can exhibits be used in opening statements?
Yes_X_No___ Exhibits can be used only if it is clear that they will be admitted during trial.
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 Demonstration:.
I take these matters up on a case by case basis.
G. Procedure For Objections:
I do not allow speaking objections. Counsel should only state the ground for the objection (e.g., hearsay) and the response to the objection (e.g., business records exception). If I need more information or argument, I will talk to the attorneys at sidebar.
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?
I expect to receive sentencing memoranda unless the parties agree with the facts and recommendations in the pre-sentence report.
Do you divulge the probation officer's sentencing recommendation?
Yes___No_X_
What are your "pet peeves," for the information of the Federal Bar?
My most important "pet peeve" is the failure of attorneys to adhere to court orders and deadlines. Too many attorneys fail to comply with orders and let deadlines pass without taking any action whatsoever.
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?
 Biographical Information
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