 | Court:
Middle District of Florida |
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| Location of Chambers:
U.S. Courthouse, Room 310
Ocala, Florida |
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| Phone Number:
(352) 369-4869 |
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| Assigned Courtroom:
Third Floor |
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| 1. | Staff: |
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| Scheduling Assistant/Secretary:
Phone:
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| Courtroom Deputy:
Donna DeNicola
Phone:
(352) 369-4869 |
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| Court Reporter:
Phone:
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| Docket Clerk:
Donna DeNicola
Phone:
(352) 369-4869 |
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| Law Clerks: |
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| (1) Name:
Katie Elmer |
| (2) Name:
Jung Yoon |
| (3) Name:
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| Policy regarding communication with staff (i.e., do you permit counsel to contact assigned law clerks?):
Comments:
Yes. Counsel may contact law clerks regarding status of pending matters. |
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| Is it appropriate to telephone Chambers regarding questions of procedure on pending matters?
No
Comments: |
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| Is it appropriate to telephone Chambers regarding the status of pending matters?
Yes
Comments: |
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| 2. | Pretrial Procedure (Civil): |
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| A. | Preliminary Pretrial Hearings: |
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| Do you conduct preliminary pretrial hearings?
Yes
If YES, what matters do you typically discuss during preliminary pretrial hearings?
All Fed. R. Civ. P. 16 subjects. |
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| B. | Motion Practice: |
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| Should courtesy copies of pleadings and motions be forwarded to Chambers?
No
Comments: |
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| Should copies of cases cited in motions and memoranda be forwarded to Chambers?
No
Comments: |
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| Is it appropriate to cite unpublished opinions in motions or memoranda?
Yes
Comments: |
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| If so, should copies be attached to the motions or memoranda?
Yes
Comments: |
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| If copies of cases are submitted, do you accept copies that have portions highlighted by counsel?
Yes
Comments: |
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| Under what conditions do you allow telephonic hearings? |
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| Will you entertain motions in limine prior to trial?
Yes
If you will consider motions in limine prior to trial, how far in advance should they be filed?
5 days |
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| 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? |
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| What are your procedures concerning ex parte temporary restraining orders?
Set for hearing - argument of counsel only. |
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| Do you hear preliminary injunction motions yourself?
If YES, do you limit the hearing to argument of counsel?
Yes
If NO, what are your procedures for the receipt of evidence during a hearing on a preliminary injunction?
Comments: |
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| What is your practice concerning oral arguments of dispositive motions?
I only set oral argument in rare instances where record is voluminous or where legal issues are unresolved. |
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| Do you prefer that the moving parties submit proposed orders granting all motions filed before your court?
Comments: |
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| C. | Settlement: |
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| What is your policy/practice regarding the use of alternative dispute resolution devices such as court-annexed, non-binding arbitration and mediation, and do you have a preferred method of alternative dispute resolution?
Normally, require mediation. |
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| D. | Discovery: |
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| Do you receive referrals on discovery matters from a U.S. District Judge?
Yes
Comments:
All civil and criminal discovery motions are automatically referred. |
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| When a dispute arises during a deposition, is it appropriate to call Chambers to seek an immediate ruling?
Yes
Comments: |
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| 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? |
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| E. | Pretrial Conference: |
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| Do you personally conduct pretrial conferences in your cases?
If YES, do you have a standing order regarding pretrial conference? (If YES, please attach a copy at the bottom of the page.)
No |
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| 3. | Pretrial Procedure (Criminal): |
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| A. | Preliminary Pretrial Hearings: |
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| Do you personally conduct preliminary pretrial conferences in criminal cases?
If YES, what matters do you typically discuss during a preliminary pretrial conference? |
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| When you conduct preliminary pretrial conferences in criminal cases, what matters do you typically discuss during the conference? |
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| Do you personally conduct hearings on non-evidentiary substantive pretrial motions (to dismiss, sever, or for other relief)?
Comments: |
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| Do you personally conduct hearings on evidentiary substantive pretrial motions to suppress evidence or for other relief?
Comments: |
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| B. | Bond hearing: |
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| Do you permit the government to proceed by proffer or require live testimony?
Comments:
Both |
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| If a proffer is permitted, can the defendant’s counsel call the government case agent and cross-examine him/her?
Yes
Comments:
But only where facts are highly contested or defence presents specific reason for doing so. |
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| 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
Comments:
Unless the case is closed. |
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| Do you require a government agent to be present?
No
If so, do you require that he or she be prepared to testify?
Comments: |
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| C. | Pleas: |
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| What is your policy concerning nolo contendere or Alford pleas?
Not permitted. |
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| What is your policy concerning plea arrangements that involve sentencing recommendations pursuant to Fed. Rule Crim. P. 11(B)? Pursuant to Rule 11(C)?
Rule 11(C)(1)(b) plea agreement are permitted but the parties may not bind the court to any sentence using Rule 11(C)(1)(C). |
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| 4. | Trial: |
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| A. | Trial Dates: |
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| Do you grant trial dates certain?
Yes
If YES, under what circumstances will you grant trial dates certain?
All consent cases. |
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| If a case is not reached during the scheduled trial term, will the trial date be automatically rescheduled on your next trial docket?
If NO, what is your practice or procedure regarding rescheduling trials that are not reached on a trial docket? |
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| What is your policy regarding notice of being called for trial during a trial docket (e.g., 48 hours)?
I set a date certain for all trial before a magistrate judge. |
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| 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?
Comments: |
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| B. | Trial Briefs: |
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| Do you require trial briefs in jury trials?
No
Comments: |
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| Do you require trial briefs in bench trials?
Yes
Comments: |
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| What are your requirements for trial briefs? |
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| When are trial briefs due?
They are due the day before trial. |
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| 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?
After trial, usually 5 days thereafter. |
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| Should findings of fact and conclusions of law filed in connection with a bench trial also be submitted to Chambers on a disk?
Yes
Comments: |
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| When do you require parties to file proposed jury instructions?
5 days before trial. |
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| When standard jury instructions are available, do you prefer that attorneys submit condensed versions of the standard instructions?
No
Comments: |
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| Should jury instructions also be submitted to Chambers on a computer disk?
Yes
Comments: |
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| C. | Voir Dire: |
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| Do you allow counsel to ask questions during voir dire?
No
If YES, what guidelines or restrictions must counsel follow when conducting voir dire? |
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| If judge conducts voir dire, can parties submit proposed voir dire questions?
Yes
If YES, when should such questions be submitted?
The day before trial. |
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| What are your peremptory challenge procedures?
Follow 28USC § 1870, Fed.R.Civil 47(b) and Fed.R.Cr.P. 24(b)-(c) |
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| In multiple party cases, do you grant each party three peremptory challenges?
If NO, do you limit each side (i.e., plaintiff/defense) to a total of three peremptory challenges to be shared?
Varies as per above rules. |
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| Do you allow back striking during jury selection?
Comments: |
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| D. | Opening Statement: |
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| Do you impose any standard time limits on counsel?
No
If YES, what are the time limits? |
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| Can exhibits be used in opening statements?
Yes
Comments: |
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| Do you allow plaintiffs to make a rebuttal during opening statements?
No
Comments: |
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| E. | Use of Expert: |
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| Do you conduct Daubert hearings prior to trial?
Yes
Comments: |
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| F. | Procedure for Use of Videotapes, Trial Graphics, Depositions, and Demonstrations: |
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| What, if any, procedural requirements do you have regarding the use of videotapes, trial graphics, depositions, and demonstrations?
Discuss with Court at final pretrial conference. |
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| G. | Procedure for Objections: |
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| What, if any, procedures do you have concerning objections?
No speaking objections. |
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| H. | Jury Procedures: |
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| Do you permit jurors to take notes?
Yes
Comments: |
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| Do you permit jurors to ask questions?
No
If YES, under what constraints and restrictions? |
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| 5. | Review Procedures (For Bankruptcy Appeals and Social Security Cases): |
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| A. | Oral Arguments: |
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| Under what circumstances do you grant requests for oral arguments? |
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| B. | Questions from the Bench: |
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| What, if any, comments or observations do you have regarding questions from the bench during oral argument? |
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| C. | Appellate Briefs: |
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| What, if any, comments or suggestions do you have regarding effective appellate briefs? |
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| D. | Comparison of Successful Advocacy in Trial and Appellate Courts: |
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| What, if any, comments or observations do you have concerning the differences and similarities between successful advocacy before you as a trial court and successful advocacy before you as an appellate court? |
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| E. | Other Observations and Suggestions: |
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| What, if any, other observations or suggestions do you have for lawyers about appellate practice in your court? |
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| 6. | Initial Appearance: |
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| For pretrial detention hearings, do you require a government agent to be present?
Yes
If so, do you require that he or she be prepared to testify?
Yes
Comments: |
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| 7. | Other Questions: |
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| What criteria do you apply in determining whether to impose a financial assessment on a defendant for the services of appointed counsel?
Standard under CJRA. Generally, lack of sufficient liquid assets to pay for necessities of life and retain counsel. |
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| What are your “pet peeves” for the information of the lawyers appearing before you? |
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| Please provide any additional information that you believe may be informative to the members of the Bar appearing before you.
Be prepared. Stand when addresssing court. |
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| Attachments: |
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