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The Florida Bar
www.floridabar.org


Peter Thorp Fay
Circuit 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, is not a substitute for either the Federal Rules of Appellate Procedure or the Eleventh Circuit Rules, and may not be relied upon for precedential purposes.

JUDGE

Court: Eleventh Circuit
Chambers' Phone: (305) 536-5974
Chambers' email address (emergency contact only):

Judicial Assistant

      Name:
      Phone:
      Email address:

COMMUNICATION WITH CHAMBERS

IOP 4 to 11th Circuit Rule 25-6 provides that all documents must be sent to the Clerk's Office unless the court directs otherwise. In addition to IOP 4:

Do you permit counsel to contact chambers on questions of procedure? Yes

Do you permit counsel to contact a law clerk on the status of a pending appeal? Yes

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

Laptop computers and other electronic devices are not permitted at oral argument without prior permission of the court. Do you have any policies governing when such permission may be granted?

*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.

APPELLATE PRACTICE - ORAL ARGUMENT

Is counsel required to get prior approval to use a demonstrative aid during oral argument?

Is counsel required to get prior approval to split oral argument time with co-counsel?

Is counsel required to get prior approval to change the order of oral argument?

May counsel hand deliver supplemental authority pursuant to Fed.R.App.P.28(j) on the day of oral argument?

May counsel provide the panel with copies of cases or parts of the record during oral argument?

May a lawyer ask for additional oral argument time at the conclusion of his/her allotted oral argument time?

Is there a limit to the number of counsel who can be seated at counsel table and, if so, what is that limit?

May a party sit at counsel table?

How should counsel start oral argument (i.e., the opening words)?

If a case involves a cross-appeal, what is the order of oral argument?

Should counsel address a judge on the panel by title and last name, or by the non-specific "judge" or "your honor"?

What should counsel bring (or not bring) to the podium for oral argument?

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

What, if any, training material or other resources do you recommend for a lawyer to learn about effective oral argument?

What procedure should counsel follow for having transcripts of the oral argument made?

What, if any, pet peeves do you have concerning oral arguments?

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

APPELLATE PRACTICE - BRIEF WRITING

Do you prefer that counsel include or omit unpublished cases in briefs when there are no published opinions on point?

What, if any, comments or suggestions do you have regarding effective brief writing? Stress the strong points of your case, acknowledge any authorities against your position.

What, if any, training material or other resources do you recommend for a lawyer to learn about effective brief writing?

What, if any, pet peeves do you have concerning brief writing?

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

LINKS

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

ATTACHMENTS
(articles, biography, etc.)

Attachments:

Survey last modified on 05/28/2009

[Revised: 05-28-2009]