Frank J. Lynch, Jr.
U.S. Magistrate 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: | U.S. District Court
300 South 6th Street
Fort Pierce, FL 34950 |
| Phone Number: | (561) 595-9312 |
| Assigned Courtroom: |  |
1. STAFF:
Scheduling Assistant/Secretary: Liz Lambertson
Courtroom Deputy: Colette Griffin-Arnold
Phone Number: (561) 595-9691
Law Clerks:
(1): Joe McCluskey
Term Ending: Career Law Clerk
Law School:
(2)
Term Ending:
Law School:
Policy regarding communication with staff [i.e., Do you permit counsel to contact assigned law clerks?]:
Yes_X_No___
Docketing Clerk:
Phone number: (561) 595-9691
Is it appropriate to telephone Chambers regarding questions of procedure on pending matters?
Yes_X_No___
Is it appropriate to telephone your assigned docketing clerk or deputy clerk at the
Clerk’s office regarding the status of pending matters?
Yes___No_X_
2. PRETRIAL PROCEDURE (CIVIL)
A. Preliminary Pretrial Hearings:
Do you conduct preliminary pretrial hearings?
Yes_X_No___
If YES, what matters do you typically discuss during preliminary pretrial hearings:
All matters are routinely addressed in standard Scheduling Order.
B. Motion Practice:
Should courtesy copies of pleadings and motions be forwarded to Chambers?
Yes_X_No___
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?
Yes___No___
Is it appropriate to cite unpublished opinions in motions or memoranda?
Yes___No_X_
If so, should copies be attached to the motions or memoranda?
Yes___No___
If copies of cases are submitted, do you accept copies which have portions highlighted by counsel?
Yes___No___
Do you allow telephonic hearings?
Yes_X_No___
What can an attorney do to call attention to a pending motion of particular importance to expedite ruling?
Comply with Local Rules concerning emergency matters.
Will you entertain motions in limine prior to trial?
Yes_X_No___
If you will consider motions in limine prior to trial, how far in advance should they be filed?
Time set in standard Scheduling Order.
Do you regularly set aside time during a given week/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?
They are not entered by Magistrate Judges.
Do you hear preliminary injunction motions on referral from a district judge?
Yes_X_No___
If YES, do you limit the hearing to argument of counsel?
Yes_X_No___
If NO, what are your procedures for the receipt of evidence during a hearing on a preliminary injunction?
What is your practice concerning oral arguments of dispositive motions?
Specifically set by Court, if deemed 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?
Mediation is standard procedure in all civil cases.
Do you personally conduct settlement discussions?
Yes_X_No___
If YES, under what circumstances?
D. Discovery:
Do you receive referrals on discovery matters from a U.S. District Judge?
Yes_X_No___
When a dispute arises during a deposition, is it appropriate to call the Chambers to seek an immediate ruling?
Yes___No_X_ (Only in extreme emergencies.)
E. Pretrial Conference:
When matters are referred to you for pretrial conferences, do you have a standing order regarding pretrial conference?
Yes___No_X_
If YES, please attach a copy.
3. PRETRIAL PROCEDURE (CRIMINAL)
A. Preliminary Pretrial Hearings:
When you conduct preliminary pretrial conferences in criminal cases, what matters do you typically discuss during the conference?
Discovery compliance and pending motions.
Do you have a policy regarding the timing of disclosure of Jencks Act material?
Yes___No_X_
If YES, what is your policy?
B. Bond hearing:
Do you permit the government to proceed by proffer or require live testimony?
Permit proffer for both government and defendant as long as a live witness is present for cross-examination by both sides.
If a proffer is permitted, can the defendant’s counsel call the government case agent and cross-examine him/her?
Yes_X_No___
If a proffer is permitted, do you prefer that defense counsel present the family of the defendant as witnesses by proffer instead of calling individual witnesses?
Yes_X_No___
Do you require a government agent to be present?
Yes_X_No___
If so, do you require that he be prepared to testify?
Yes_X_No___
C. Pleas:
What is your policy concerning nolo contendere or Alford pleas?
No standard policy.
What is your policy concerning plea arrangements that involve sentencing recommendations pursuant to Fed. Rule Crim. P. 11(B)?; Pursuant to Rule 11(C)?
No standard policy.
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?
Only for non-jury trials if dates are available.
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]
All parties are on 24 hour notice.
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?
Prior to the start of the trial.
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?
Covered in standard Scheduling Order / At Calendar Call.
Where standard jury instructions are available, do you prefer that attorneys submit condensed versions of the standard instructions?
Yes_X_No___
Should jury instructions also be submitted to Chambers on a computer disk?
Yes_X_No___
C. Voir Dire:
Do you allow counsel to ask questions during voir dire?
Yes_X_No___
If YES, what guidelines or restrictions must counsel follow when conducting voir dire?
No restrictions.
If judge conducts voir dire, can parties submit proposed voir dire questions?
Yes_X_No___
If YES, when should such questions be submitted?
At the same time as Jury Instructions.
What are your preemptory challenge procedures?
Done at sidebar with no back striking allowed.
In multiple party cases, do you grant each party three preemptory challenges?
Yes___No_X_ (Depends on individual case.)
If NO, do you limit each side [i.e., plaintiff/defense] a total of three preemptory challenges to be shared?
Yes___No___
D. Opening Statement:
Do you have any standard time limits imposed upon counsel?
Yes___No_X_
If YES, what are the time limits?
Can exhibits be used in opening statements?
Yes___No_X_
Do you allow plaintiffs to make a rebuttal during opening statements?
Yes___No_X_
E. Use of Expert:
Do you conduct Daubert hearings prior to trial?
Yes___No_X_ Not unless approprate motion is filed and pending.
F. Procedure For Use Of Videotapes, Trial Graphics, Depositions and Demonstrations:
G. Procedure For Objections:
H. Jury Procedures:
Do you permit jurors to take notes?
Yes_X_No___
Do you permit jurors to ask questions either orally (writing)?
Yes___No_X_
If YES, under what constraints and restrictions?
5. SENTENCING: (On Misdemeanors Only)
Do you allow the submission of sentencing memoranda?
Yes_X_No___
If YES, under what circumstances do you allow such submission?
Do you divulge the probation officer’s sentencing recommendation?
Yes___No_X_
6. INITIAL APPEARANCE:
For pretrial detention hearings, do you require a government agent to be present?
Yes_X_No___
If so, do you require that he be prepared to testify?
Yes_X_No___
What criteria do you apply in determining whether to impose a financial assessment on a defendant for the services of appointed counsel?
Case by case basis.
What are your “pet peeves,” for the information of the Federal Bar?
Please provide any additional information which you believe may be informative to the members of the Florida Bar.
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