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Last Modified 09/20/2005 02:48 PM
William M. Hoeveler
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 N. Miami Ave., 9th Floor, Miami, FL 33128
Phone Number: (305) 523-5570
Assigned Courtroom: 9th Floor


1. STAFF:
    Scheduling Assistant/Secretary: Janice Tinsman
    Courtroom Deputy:
    None
    Phone Number:
    (305) 523-5570

    Court Reporter:
    N/A

    Docket Clerk:
    Steven Kalogerakis
    Phone Number:
    (305) 523-5248

      Law Clerks:

        (1) Barbara Junge
        Term Ending: Permanent/indefinite
        Law School: New York University

        (2) Gillian Brown
        Term Ending: 8/23/00
        Law School: New York University

    Policy regarding communication with staff [i.e., Do you permit counsel to contact assigned law clerks?]:
    Yes, but only for Procedural information - Such as date - hearing times –What may be needed; to get copies of last order, etc. Never merits discussion.
2. PRETRIAL PROCEDURE (CIVIL):
    A. Preliminary Pretrial Hearings:

      Do you conduct preliminary pretrial hearings?
      Yes_X_No___

      If YES, what matters do you typically discuss during preliminary pretrial hearings:
      See order.

      If NO, do you refer preliminary pretrial hearings to a United States Magistrate Judge?
      Yes_X_No___

    B. Motion Practice:

      Do you regularly set aside time during a given week/month for hearings on motions?
      Yes___No_X_ We set hearings as needed. When hearings are set, we generally set in morning or after lunch, but try to work with counsel if they have a conflict at those times.

      If YES, when is your normal hearing date/time?

      What are your procedures concerning ex-parte temporary restraining orders?
      Follow the Rules & cases - Rarely given unless necessary to protect party or Res.

      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_X_

      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?
      Testimony and affidavit.

      What is your practice concerning oral arguments of dispositive motions?
      Hearing given - if dispositive order is possible.

    C. Settlement:

      What is your policy/practice regarding the use of alternative dispute resolution devices such as court-annexed, non-binding arbitration and mediation?
      Not in favor of compulsory court annexed arbitration; Mediation – in favor of – and use frequently.

      Do you personally conduct settlement discussions?
      Yes___No___ Only when asked - Participate - and not at all in non jury cases.

      If YES, under that circumstances?

      Where parties request - but only in a jury trial.

    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___

      If YES, do you have a standing order regarding pretrial conference?
      Yes_
      X_No___ See attached.
3. PRETRIAL PROCEDURE (CRIMINAL)
    A. Preliminary Pretrial Hearings:

      Do you personally conduct preliminary pretrial conferences in criminal cases?
      Yes___No___ Depends on case. Yes sometimes.

      If YES, what matters do you typically discuss during a preliminary pretrial conference?
      Trial dates - expected motions - memoranda need on particular parties - severances - jury matters.

      If NO, do you refer preliminary pretrial conferences to U.S. Magistrate Judges?

      Yes_X_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 ask Government to produce Jencks sufficiently in advance to avoid recesses during trial - which I will give so Defense can study material.

    B. Pleas.

      What is your policy concerning nolo contendere or Alford?

      What is your policy concerning plea arrangements that involve sentencing recommendations?
      No policy – treat each recommendation on its merits in light of entire case.
4. TRIAL:
    A. Trial Dates.

      Do you grant trial dates certain?
      Yes_X_No___ When necessary, otherwise cases are on a two week calendar.

      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_X_No___

      If NO, what is your practice or procedure regarding rescheduling trials which are not reached on a trial docket?
      Next calendar in order, i.e. will precede those on following calendar.

      What is your policy regarding notice of being called for trial during a trial docket? [e.g., 48 hours]
      Cases are assigned order at pre-trial and we discuss with parties how much notice they need for witnesses, etc. Once first case is set to begin on Monday following pre-trial other cases should keep in touch with chambers to see approximately when they will begin and monitor case ahead of them. Time problems are usually worked out.

    B. Trial Briefs:

      Do you require trial briefs in jury trials?
      Yes_X_No___ But depends on case (not on all).

      Do you require trial briefs in bench trials?
      Yes_X_No___ But depends on case (not on all).

      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?
      Order requires them by trial start.

      When do you require parties to file proposed jury instructions?
      As soon as possible after trial starts.

    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?

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

      Yes_X_No___

      If YES, when should such questions be submitted?
      At latest - Friday before 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___
      Usually, in civil cases where 3 go to each Defendant.

      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___ If admissibility not challenged.

    E. Use of Expert:

      Do you conduct Daubert hearings prior to trial?
      Yes___No___ Depends on Requests.

    F. Procedure For Use Of Videotapes, Trial Graphics, Depositions and Demonstrations.

      Should clear before trial begins.

    G. Procedure For Objections:

    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___ Not yet, but considering.

      If YES, under what constraints and restrictions?
5. SENTENCING:
      Do you allow the submission of sentencing memoranda?
      Yes___No___

      If YES, under what circumstances do you allow such submission?

      Do you divulge the probation officer's sentencing recommendation?
      Yes___No___
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