Federico A. Moreno
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 #1061 Miami, Fl 33132|
|Phone Number: ||(305) 523-5110|
|Assigned Courtroom: ||Courtroom 4, Room 1041|
Scheduling Assistant/Secretary: Shirley Christie
2. PRETRIAL PROCEDURE (CIVIL):
Courtroom Deputy: Marilyn Carter
Phone Number: (305) 523-5115
Court Reporter: Anton Schwartz
Phone Number: (305) 523-5118
Docketing Clerk: :prraome Samde;om
Phone Number: (305) 523-5236
(1) Tony Stabenow
Term Ending: 8/31/05
Law School: University of Iowa College of Law
(2) John Worm
Term Ending: 12/16/05
Law School: University of Notre Dame Law School
Policy regarding communication with staff [i.e., Do you permit counsel to contact assigned law clerks?]:
Counsel may contact law clerks regarding scheduling. However, all requests should be in writing by way of motions or notices. The Court reviews every pleading filed.
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?
Status hearings and Oral Argument on motions are frequently held.
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?
It varies. All hearings are specially set.
What are your procedures concerning ex-parte temporary restraining orders?
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?
What is your practice concerning oral arguments of dispositive motions?
The Court will sometimes hear oral argument on a dispositive motion. It depends on the issues presented to the court.
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?
If YES, under that circumstances?
Do you refer discovery matters to a U.S. Magistrate Judge?
Yes___No___ It depends.
E. Pretrial Conference:
Do you personally conduct pretrial conferences in your cases?
Yes_X_No___ If pretrial conference is held. The court regularly holds calendar call.
If YES, do you have a standing order regarding pretrial conference?
Yes___No_X_ (If YES, please attach a copy.)
A. Preliminary Pretrial Hearings:
Do you personally conduct preliminary pretrial conferences in criminal cases?
Yes___No_X_Except Calendar call is held.
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?
Do you have a policy regarding the timing of disclosure of Jencks Act material?
Yes_X_No___ The policy is to follow 18 U.S.C. § 3500
If YES, what is your policy?
What is your policy concerning nolo contendere or Alford?
What is your policy concerning plea arrangements that involve sentencing recommendations?
Accepted, but not binding on the court.
A. Trial Dates:
Do you grant trial dates certain?
Yes___No_X_ Trial is set for a two-week trial period.
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___ Case is always reached or continued at the request of a party.
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]
B. Trial Briefs:
Do you require trial briefs in jury trials?
Do you require trial briefs in bench trials?
Yes___No___ Pre Trial Stipulation is sufficient.
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?
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?
What are your preemptory challenge procedures?
In multiple party cases, do you grant each party three preemptory challenges?
Yes___No_X_ Preemptory challenges are allocated to each side.
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?
E. Use of Expert:
Do you conduct Daubert hearings prior to trial?
F. Procedure For Use Of Videotapes, Trial Graphics, Depositions and Demonstrations:
G. Procedure For Objections:
H. Jury Procedures:
Do you permit jurors to take notes?
Do you permit jurors to ask questions either orally (writing)?
Yes_X_No___ In writing during deliberations, if parties consent.
If YES, under what constraints and restrictions?
6. OTHER QUESTIONS:
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 recommendation?
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?