Exit Exit

Last Modified 01/24/2005 10:24 AM
K. Michael Moore
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: James Lawrence King Fed. Justice Bldg.
99 NE 4th St. #1168, Miami, FL 33132
Phone Number: (305) 523-5160
Assigned Courtroom: #3, Room 1104
    1. STAFF:
      Judicial Assistant/Secretary: Mary Tomchay
      Phone: (305) 523-5160

      Courtroom Deputy: Robin Godwin
      Phone Number: (305) 523-5165

      Court Reporter: None
      Phone Number:

      Docket Clerk: Deloris McIntosh
      Phone Number: (305) 523-5231

        Law Clerks:

        (1)
        Sarah Dunn
        Term Ending:
        March 2005
        Law School:
        Fordham

        (2)
        Zachary Bower
        Term Ending:
        September 2005
        Law School:
        Boston University

      Policy regarding communication with staff [i.e., Do you permit counsel to contact assigned law clerks?]:
      The judge discourages the clerk from speaking to the parties.


      Is it appropriate to telephone Chambers regarding questions of procedure on pending matters?
      Yes___No___Limited calls.

      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_X_No___
    2. PRETRIAL PROCEDURE (CIVIL):

      A. Preliminary Pretrial Hearing:

        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___No_X_ - Only Emergency Motions

        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?

        Is it appropriate to cite unpublished opinions in motions or memoranda?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___No_X_

        What can an attorney do to call attention to a pending motion of particular importance to expediting ruling?
        Speak to Judicial Assistant

        Will you entertain motions in limine prior to trial?
        Yes___No___

        If you will consider motions in limine prior to trial, how far in advance should they be filed?

        Do you regularly set aside time during a given wee/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 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___

        If NO, what are your procedures for the receipt of evidence during a hearing on a preliminary injunction?
        Depends on the case.

        What is your practice concerning oral arguments of dispositive motions?
        Only when the Court deems necessary.

      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___

      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___ 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?
        Readiness for trial, pending motions, position on trial calendar.

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

        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?

        Doesn't always follow the recommendation.
    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?
        Varying.

        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]
        48 hours

      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?

        Three days prior to scheduled trial date.


        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?
        Three days prior to scheduled trial date.


        Where standard jury instructions are available, do you prefer that attorneys submit condensed versions of the standard instructions?
        Yes___No_X_

        Should jury instructions also be submited to Chambers on a computer disk?
        Yes_X_No___

      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?

        With pretrial stipulation.

        What are your preemptory challenge procedures?

        In multiple party cases, do you grant each party three preemptory challenges?

        Yes___No_X_

        If NO, do you limit each side [i.e., plaintiff/defense] a total of three preemptory challenges to be shared?

        Yes_X_No___

        Do you allow back striking during jury selection?
        Yes___No___

      D. Opening Statement:

        Do you have any standard time limits imposed upon counsel?
        Yes_
        X_No___

        If YES, what are the time limits?

        Varies

        Can exhibits be used in opening statements?

        Yes_X_No___

        Do you allow plaintiffs tomake a rebuttal during opening statements?
        Yes___No___

      E. Use of Expert:

        Do you conduct Daubert hearings prior to trial?
        Yes___No_X_

      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?
        Allowed.

      G. Procedure For Objections:

        What, if any, procedures do you have concerning objections at trial?
        Stand and object.

      H. Jury Procedures:

        Do you permit jurors to take notes?
        Yes_X_No___

        Do you permit jurors to ask questions either orally (writing)?
        Yes_
        X_No___

        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?

        Upon motion.

        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?
        Late lawyers.

        What, if any, other observations or suggestions do you have for members of the Bar appearing before you?




    Attachment 1.pdf Biographical Information

    Attachment 2.pdf Order Setting Pretrial Conference and Trial Date

    Attachment 3.pdf Order of Referral to Mediation

    Attachment 4.pdf Order of Reference to Magistrate


    © The Florida Bar - 2005 - Version 1.0.2