The Florida Bar
www.floridabar.org


Mary Patricia C Fawsett
District Judge


The following information was provided in response to a survey prepared by 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. Further information may be found in the attachments (sample orders, etc.) referenced at the end of this Guide entry or on the court's website noted below.

JUDGE

Court: Middle District of Florida
Location of chambers: 401 W. Central Blvd., Ste 6750
Orlando, Florida 32801-0675
Assigned courtroom: Courtroom 1
Phone: (407) 648-6316
Email address (only for proposed orders or jury instructions):

CHAMBERS

Staff:
Judicial Assistant/Secretary: Michele Harkey
Phone:
Email address:

Courtroom Deputy: Nancy Leite
Phone: 407- 835-4250
Email address:

Court Reporter:
Phone:
Email address:

Docket Clerk:
Phone:
Email address:

Law Clerk phone number(s), only if you permit law clerk(s) to receive calls:

Communication with chambers:

Do you permit contact with chambers

      regarding questions of procedure? No

      regarding the status of pending matters? No

May counsel contact chambers to speak with your law clerks(s)

      on procedural matters?

      on the status of pending matters?

Comments:

USE OF CELL PHONES, LAPTOPS, AND OTHER ELECTRONICS IN COURT

Other than procedures adopted by the U.S. Marshal's Service relating to access to a federal courthouse, do you have any additional procedures to be followed for the use of cell phones, laptops, or other electronics?

Is there a designated court staff person to contact relating to the use of electronic media or other audiovisual needs?

*Always verify with the Clerk of Court or the U.S. Marshal's Service as to any procedures relating to the use of cell phones or other electronic devices at the courthouse.

CM/ECF PROCEDURES
(in addition to Local Rules or CM/ECF procedures applicable in the District)

Do you have a preferred method for counsel to correct an electronically filed document that inadvertently contains personal information (as prohibited by Fed.R.Civ.P. 5.2)?

Do you have a preferred method governing the filing of sealed documents?

Do you prefer that (non-trial) exhibits be filed as separate docket entries (instead of filing them as attachments to the document they support)?

When filing documents with multiple attachments, do you prefer that the document be filed such that it is displayed with bookmarks within the PDF image? (This question only applies if such filing is available as a format for filing attachments in your District.)

Do you prefer that (non-trial) exhibits and depositions be filed conventionally as well as on CM/ECF?

      If YES, do you require more than one copy to be filed?

Do you prefer to have proposed orders (other than those required to be filed in the case) submitted as an attachment to documents filed in CM/ECF, or do you prefer to receive them by email or another method?

Should proposed orders be submitted in a format which can be edited, or is a PDF version acceptable?

Comments:


Do you conduct preliminary pretrial conferences in criminal cases? Yes

      If YES, what matters do you typically discuss during a preliminary pretrial conference? Time for trial, unusual issues in the case, length of time for suppression hearing and if it can be conducted as part of trial, counsel conflicts in scheduling, when jury instructions, witness list, and verdict will be filed, whether Rule will be invoked, length of time for opening statements, witness problems, etc.

Do you require the defendant to be present at status conferences?

      If YES, do you have the same policy for defendants in custody and for defendants on bond?

Do you conduct suppression hearings or do you refer them to a Magistrate Judge?

Do you conduct hearings on pretrial motions to dismiss or to sever? No

Do you take the plea or do you regularly refer plea hearings to a Magistrate Judge?

If you regularly refer plea hearings to a Magistrate Judge, what circumstances would permit the parties to have a plea hearing before you?

Do you have a regular plea deadline?

      If YES, when is that deadline?

      If NO, is a plea deadline set at pretrial conferences?

What is your policy concerning nolo contendere or Alford pleas? I do not accept.

Do you have any special procedures regarding plea agreements for individuals who are cooperating with the government, e.g., sealed plea agreements, etc.?

What is your policy as to plea agreements that involve sentencing recommendations? As long as it is a recommendation and does not purport to be binding in the court, such recommendation(s) will be considered but not necessarily followed. A plea agreement that is conditioned on a particular sentence will not be accepted.

Comments:

PRETRIAL PROCEDURE (CIVIL)

Do you issue a standard pretrial order? (Please attach a copy at the end of this survey.)

Do you conduct preliminary pretrial hearings, e.g., pursuant to Fed.R.Civ.P. 16? No

      If YES, what matters do you typically discuss during preliminary pretrial hearings?

Do you have any requirements, beyond those found in the Federal Rules of Civil Procedure and the Local Rules, as to motions for extension of time or motions for continuance?

      If YES, what do you require?

Other than as required by Local Rules, do you prefer that the moving parties submit proposed orders along with non-dispositive motions?

Do you have any requirements, beyond those found in the Federal Rules and the Local Rules, as to ex parte temporary restraining orders? See Local Rule 4.05.

Do you generally hear preliminary injunction motions? Yes

      If YES, do you permit evidence to be introduced?

      If NO, do you routinely refer preliminary injunctions for report and recommendation by a Magistrate Judge? No

Should copies of cases cited in motions and memoranda be forwarded to chambers?

      copies of published cases? No

      copies of unpublished opinions?

If copies of cases are submitted, do you accept copies that have portions highlighted by counsel? No

Do you regularly set aside time during a given week/month for hearings on motions? No

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

Under what circumstances do you allow telephonic hearings?

What is your practice concerning oral arguments on dispositive motions? Due to the trial schedule in this Division, oral arguments on summary judgment and other dispositive motions are not often held. However, they will be scheduled if the Court has questions about the facts or laws which are not addressed in motion papers. Hearings on motions to dismiss for lack of jurisdiction are often held if contested.

Will you entertain motions in limine prior to trial? Yes

      If YES, how far in advance should they be filed? The deadline for filing is stated in the Case Management Scheduling Order
.

Comments:

Other than those discovery schedules contained in Local Rules, do you have special discovery deadlines or procedures for certain types of cases (ERISA, FLSA, etc.)?

      If YES, what types of cases and what are the deadlines or procedures?

Do you routinely refer discovery matters to a Magistrate Judge? Yes

When a dispute arises during a deposition, is it appropriate to call your chambers or the Magistrate Judge's chambers (depending on whether the case has been referred for discovery) to seek an immediate ruling? Yes

Comments:


What is your preference regarding the use of alternative dispute resolution methods such as arbitration or mediation?

Do you require counsel to submit a proposed order referring the case to mediation?

Do you have a procedure for counsel to request referral to a Magistrate Judge for settlement conferences?

Do you have any special procedures for the settlement of FLSA cases?

Comments:

TRIAL

Do you automatically set civil cases for trial or do you wait for counsel to propose a time period in which a case should be scheduled for trial?

Do you grant specially set trial dates (dates certain)?

      If YES, under what circumstances will you grant trial dates certain? If the trial calendar for that month allows such "luxury;" usually there are more cases to try than days in the month or the attorneys cannot commit to a precise length of trial.

      IF NO, what is your policy regarding notice for trial during a trial docket (e.g., will you give at least 48 hours' notice)? You will be given 24 hours notice. Counsel in a particular case are encouraged to keep in contact with counsel in cases listed prior to the particular case to ascertain when that case(s) will be concluded. The trial calendar is published and lists the order of cases for trial and the attorneys for each party.

What is your practice or procedure regarding rescheduling trials that are not reached on a trial docket, e.g., will the trial date be automatically rescheduled on your next trial docket?

Do you conduct pretrial conferences?

      If YES, and you have a standing order regarding pretrial conferences, please attach a copy at the end of this survey.

Do you conduct Daubert hearings prior to trial? No

What, if any, procedural requirements do you have regarding the use of videotapes, trial graphics, depositions, and demonstrations? Counsel should check with my courtroom deputy prior to trial on the use of equipment and demonstrations. Please see pages 8 and 9 of attached form Order for civil cases. My courtroom has an unusual configuration which limits the use of certain equipment.The court also has equipment which counsel may use.

Do you require trial briefs

      in jury trials? Yes

      in bench trials? Yes

If you require trial briefs, when are they due? They are due no later than ten days before the trial term commences.

Do you have any requirements for trial briefs?

Do you permit counsel to perform voir dire?

      If YES, what guidelines or restrictions must counsel follow when conducting voir dire? Do not repeat questions previously asked. Ask questions to elicit relevant facts. Do not attempt to "win over" or persuade the jury, as in a closing statement, in being afforded this opportunity. Stay within time limit.

      If NO, can counsel submit proposed voir dire questions? Yes

            If YES, when should such questions be submitted? With the Joint Final Pretrial Statement.

What are your peremptory challenge procedures? In civil cases, plaintiffs and defendants alternate one challenge at a time unless one party tenders with challenges remaining and the opposing side exercises a challenge. The procedure differs in criminal cases. The courtroom Deputy sends litigants a sheet which explains the jury selection process.

In multiple party cases, do you grant each party three peremptory challenges? No

      If NO, do you limit each side (i.e., plaintiff/defense) to a total of three peremptory challenges to be shared? Usually

Do you allow back striking during jury selection?

Do you impose any standard time limits on counsel's opening statements? No

      If YES, what are the time limits?

Can exhibits be used in opening statements? No

Do you allow plaintiffs to make a rebuttal during opening statements?

Do you permit jurors to

      take notes? Yes

      ask questions? No

      If YES, under what constraints and restrictions? Sometimes a juror will write a note which is neither solicited nor suggested by the Court.

What, if any, procedures do you have concerning objections at trial? Follow Local Rule 5.03(12)

When do you require counsel to file proposed jury instructions? With the filing of the Joint Final Pretrial Statement.

Should jury instructions also be submitted to chambers electronically?

When standard jury instructions are available, do you prefer that attorneys submit condensed versions of the standard instructions? No

Do you require proposed findings of fact and conclusions of law to be filed in bench trials? Yes

      If YES, when do you require the proposed findings of fact and conclusions of law to be filed? They are due no later than ten days before the trial term commences.

      Should the proposed findings and conclusions also be submitted to chambers electronically?

Comments:

SENTENCING

Do you require sentencing memos from the parties?

      If YES, what is the deadline for filing a sentencing memo?

      If NO, may parties file a sentencing memo?

If counsel anticipates a contested or extensive sentencing hearing, should counsel notify the court?

If you are considering an upward departure under the United States Sentencing Guidelines, do you provide notice orally or in writing?

In a proceeding for a violation of supervised release conditions, do you personally conduct the admissions/findings of fact hearing or do you refer this to a Magistrate Judge?

Comments:

GENERAL ADVICE

What should lawyers avoid at all costs when appearing before you (other than the obvious: don't be late, do be courteous, etc.), i.e., do you have any “pet peeves”? 1. Counsel who do not directly answer a question from the Court.
2. Counsel who are not forthright.
3. Counsel who abuse the jurors by failing to stick to the facts on the issues during trial or who ask redundant questions.
4. Counsel who have not read the cases cited in the briefs.
5. Counsel who fail to cite relevant cases that are on point or who fail to cite to the appropriate portions of the record or motion for summary judgment.

Do you have any other practice pointers, advice, observations, or suggestions for members of the Bar appearing before you?
Be professional to opposing counsel. I will give you time to be heard. Jurors are deeply offended by bad manners of counsel toward each other, witnesses, or the parties. What you may feel is common and usual "sparring" between counsel is viewed with alarm and great discomfort by jurors who are not part of this culture.

LINKS

Links to your court's webpage with information about your practices or other links you recommend for practitioners:


ATTACHMENTS
Sample orders (please include a sample of any scheduling orders), biography, etc.

Case Management and Scheduling Order.pdf Exhibit List.pdf Notice of Availability of U.S. Magistrate Judge.pdf Consent to Exercise Jurisdiction by a U.S. Magistrate Judge.pdf

Survey last modified on 05/15/2008

[Revised: 04-05-2013]