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Survey last modified on 05/28/2009

Peter Thorp Fay
Court of Appeals for the
Eleventh Circuit Judge


The following information is being voluntarily furnished in response to a questionnaire from the Federal Court Practice Committee of The Florida Bar. This information is not binding on any judge or court official and may not be relied upon for precedential purposes.




Court:
Eleventh Circuit

Location of Chambers:
Miami

Phone Number:
(305) 536-5974

Assigned Courtroom:
N/A

1. Communications with Judge's Staff:

What is your policy regarding communication with staff (i.e., do you permit counsel to contact assigned law clerks)?

Yes

Comments:
We should try to help all callers when possible.


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

Yes

Comments:


Is it appropriate to telephone Chambers regarding the status of pending matters?

Yes
Comments:
Pending is pending. If oral argument has been scheduled we can advise or if it has been held we can confirm. Otherwise, it is pending.


2. Oral Argument:

What, if any, comments or suggestions do you have regarding effective oral advocacy before the Eleventh Circuit?

Know the record!


3.Questions from the Bench:

What, if any, comments or observations do you have regarding questions from the bench during oral argument?

Answer them immediately as best you can. If you don't know, say so.


4. Appellate Briefs:

What, if any, comments or suggestions do you have regarding effective appellate briefs?

Stress the strong points of your case, acknowledge any authorities against your position.


5.En Banc Hearings:
What, if any, comments or suggestions do you have regarding requesting en banc hearings?

Far too many petitions for En Banc are filed, only file when you have an unusual situation.


6.Comparison of Successful Advocacy in Trial and Appellate Courts:

What, if any, comments or observations do you have concerning the differences and/or similarities between successful advocacy in trial courts and successful advocacy in appellate courts?

Jury arguments are not effective in the appellate court; however, there is nothing wrong with conviction and enthusiasm.


7. Other Observations and Suggestions:

What, if any, other observations or suggestions do you have for members of the Federal Bar regarding appellate practice in the United States Court of Appeals for the Eleventh Circuit?

In my opinion, the lawyers do an excellent job in our court!


Attachments:

[Revised: 07-01-2005 ]