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|
Judicial Assistant/Secretary: Mary Tomchay
2. PRETRIAL PROCEDURE (CIVIL):
Phone: (305) 523-5160
Courtroom Deputy: Robin Godwin
Phone Number: (305) 523-5165
Court Reporter: None
Docket Clerk: Deloris McIntosh
Phone Number: (305) 523-5231
(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?
Is it appropriate to telephone, (your assigned docketing clerk or deputy clerk at the Clerk's office), Chambers regarding the status of pending matters?
3. PRETRIAL PROCEDURE (CRIMINAL)
A. Preliminary Pretrial Hearing:
Do you conduct preliminary pretrial hearings?
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?
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?
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Is it appropriate to cite unpublished opinions in motions or memoranda?
If so, should copies be attached to the motions or memoranda?
If copies of cases are submitted, do you accept copies which have portions highlighted by counsel?
Do you allow telephonic hearings?
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?
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?
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?
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?
Depends on the case.
What is your practice concerning oral arguments of dispositive motions?
Only when the Court deems necessary.
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?
When a dispute arises during a deposition, is it appropriate to call the Magistrate Judge's Chambers to seek an immediate ruling?
E. Pretrial Conference:
Do you personally conduct pretrial conferences in your cases?
If YES, do you have a standing order regarding pretrial conference?
Yes_X_No___ If YES, please attach a copy.
A. Preliminary Pretrial Hearings:
Do you personally conduct preliminary pretrial conferences in criminal cases?
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?
Do you have a policy regarding the timing of disclosure of Jencks Act material?
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?
Doesn't always follow the recommendation.
A. Trial dates:
Do you grant trial dates certain?
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?
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?
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?
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?
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?
Should jury instructions also be submited to Chambers on a computer disk?
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?
With pretrial stipulation.
What are your preemptory challenge procedures?
In multiple party cases, do you grant each party three preemptory challenges?
If NO, do you limit each side [i.e., plaintiff/defense] a total of three preemptory challenges to be shared?
Do you allow back striking during jury selection?
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?
Do you allow plaintiffs tomake a rebuttal during 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.
What, if any, procedural requirements do you have relative to the use of videotapes, trial graphics, depositions and demonstrations?
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?
Do you permit jurors to ask questions either orally (writing)?
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?
Order Setting Pretrial Conference and Trial Date
Order of Referral to Mediation
Order of Reference to Magistrate