Scheduling Assistant/Secretary: Elizabeth Cooley

Courtroom Deputy: Joanne Ahr
Phone Number: (850) 435-8440

Law Clerks

(1): Laura Ericson
Term Ending: Career
Law School: Florida State University

(2) Jennifer Wood
Term Ending: Staff Attorney
Law School: Gustavus Adolphus 1986; Minnesota 1995 JD

Policy regarding communication with staff [i.e., Do you permit counsel to contact assigned law clerks?]:
Yes___No_X_

Docketing Clerk: N/A
Phone number:

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_X_No___

A. Preliminary Pretrial Hearings:

Do you conduct preliminary pretrial hearings?
Yes___No_X_

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

B. Motion Practice:

Should courtesy copies of pleadings and motions be forwarded to Chambers?
Yes___No_X_

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_X_

Is it appropriate to cite unpublished opinions in motions or memoranda?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_X_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?
Note request for expedited ruling in the title of the motion.

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?
With pre-trial submissions.

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?

Do you hear preliminary injunction motions on referral from a district judge?
Yes___No_X_

If YES, do you limit the hearing to argument of counsel?
Yes___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?

C. Settlement:

What is your policy/practice regarding the use of alternative dispute resolution devices such as court-annexed, non-binding arbitration and mediation?
Encouraged.

Do you personally conduct settlement discussions?
Yes___No_X_

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_X_No___

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.

A. Preliminary Pretrial Hearings:

When you conduct preliminary pretrial conferences in criminal cases, what matters do you typically discuss during the conference?
N/A

Do you have a policy regarding the timing of disclosure of Jencks Act material?
Yes___No___

If YES, what is your policy?

B. Bond hearing:

Do you permit the government to proceed by proffer or require live testimony?
Proffer is permitted but discouraged.

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___No___ No preference.

Do you require a government agent to be present?
Yes_X_No___ Unless government proceeds only by proffer.

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?
Not permitted.

What is your policy concerning plea arrangements that involve sentencing recommendations pursuant to Fed. Rule Crim. P. 11(B)?; Pursuant to Rule 11(C)?

A. Trial dates:

Do you grant trial dates certain?
Yes_X_No___

If YES, under what circumstances will you grant trial date certain?
All trials are scheduled for a date certain absent exceptional circumstances.

If a case is not reached during the scheduled trial term, will the trial date be automatically rescheduled on your next trial docket?
Yes___No_X_

If NO, what is your practice or procedure regarding rescheduling trials which are not reached on a trial docket?
Trial date will be coordinated with counsel.

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?
Yes_X_No___

Do you require trial briefs in bench trials?
Yes___No_X_

What are your requirements for trial briefs?
See attached standard pre-trial order.

When are trial briefs due?
See attached.

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

If YES, when do you require the proposed findings of fact and conclusions of law to be filed?

Should findings of fact and conclusions of law filed in connection with a bench trial also be submitted to Chambers on a disk?
Yes___No___

When do you require parties to file proposed jury instructions?
See attached.

Where standard jury instructions are available, do you prefer that attorneys submit condensed versions of the standard instructions?
Yes___No_X_

Should jury instructions also be submitted to Chambers on a computer disk?
Yes___No_X_

C. Voir Dire:

Do you allow counsel to ask questions during voir dire?
Yes___No_X_

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?
Yes_X_No___

If YES, when should such questions be submitted?
See attached.

What are your preemptory challenge procedures?
See attached.

In multiple party cases, do you grant each party three preemptory challenges?
Yes_X_No___

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_X_No___

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_X_No___

F. Procedure For Use Of Videotapes, Trial Graphics, Depositions and Demonstrations:

The court has only a VCR and TV. Any other demonstrative aids are the responsibility of counsel.

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?

Do you allow the submission of sentencing memoranda?
Yes_X_No___

If YES, under what circumstances do you allow such submission?
No restrictions.

Do you divulge the probation officer’s sentencing recommendation?
Yes___No_X_

For pretrial detention hearings, do you require a government agent to be present?
Yes_X_No___ Unless government proceeds by proffer, which is discouraged.

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?

What are your “pet peeves,” for the information of the Federal Bar?
Failure to cooperate in discovery.

Please provide any additional information which you believe may be informative to the members of the Florida Bar.

Order For Pretrial Conference and Setting Trial