 | Court:
Middle District of Florida |
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| Location of Chambers:
Sam Gibbons U. S. Courthouse
801 N. Florida Ave. Suite 1132
Tampa, FL 33602 |
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| Phone Number:
(813) 301-5774 |
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| Assigned Courtroom:
11A |
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| 1. | Staff: |
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| Scheduling Assistant/Secretary:
Phone:
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| Courtroom Deputy:
Phone:
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| Court Reporter:
Phone:
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| Docket Clerk:
Phone:
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| Law Clerks: |
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| (1) Name:
Kelly Keller |
| (2) Name:
Margaret Bashette (part time) |
| (3) Name:
Anna Chesser Smith (part time) |
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| Policy regarding communication with staff (i.e., do you permit counsel to contact assigned law clerks?):
Comments:
Yes. |
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| Is it appropriate to telephone Chambers regarding questions of procedure on pending matters?
Yes
Comments:
As to non-legal issues. |
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| Is it appropriate to telephone Chambers regarding the status of pending matters?
Comments:
Only if counsel thinks the motion hasn't been brought to the Court's attention. |
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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?
The items listed in Local Rule 3.05(c)(2)(C) |
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| B. | Motion Practice: |
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| Should courtesy copies of pleadings and motions be forwarded to Chambers?
Comments:
Only emergency motions. |
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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| Is it appropriate to cite unpublished opinions in motions or memoranda?
Comments:
Only when necessary and there is no published opinion on the issue. |
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| If so, should copies be attached to the motions or memoranda?
Yes
Comments:
But only if not available on Westlaw. |
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| If copies of cases are submitted, do you accept copies that have portions highlighted by counsel?
Comments:
Prefer them NOT hightlighted. |
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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?
Follow the scheduling or pretrial order. If no deadline is set, file sufficiently in advance of trial to permit responses to be filed. |
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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?
N/A - matters are before District Judges. |
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| Do you hear preliminary injunction motions yourself?
If YES, do you limit the hearing to argument of counsel?
No
If NO, what are your procedures for the receipt of evidence during a hearing on a preliminary injunction?
Comments:
Typically, procedures will be discussed during a pre-hearing telephone conference. |
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| What is your practice concerning oral arguments of dispositive motions?
May be set on motion of a party or by Court. |
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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?
Strongly encourage all types. |
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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 discovery matters are automatically referred by most District Judges. |
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| When a dispute arises during a deposition, is it appropriate to call Chambers to seek an immediate ruling?
Yes
Comments:
But, rarely. Consistent with guidelines in M.D. Fla Handbook on Court Discovery Practice (available on M.D. Fla website.) |
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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.)
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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:
It depends on the arguments of counsel and facts of case. |
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| If a proffer is permitted, can the defendant’s counsel call the government case agent and cross-examine him/her?
Comments:
See above. |
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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?
Comments:
See above. |
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| Do you require a government agent to be present?
If so, do you require that he or she be prepared to testify?
Comments:
See above. |
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| C. | Pleas: |
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| What is your policy concerning nolo contendere or Alford pleas? |
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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)? |
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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?
In 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)?
N/A - All trials are scheduled for date certain at present. |
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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?
Yes
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?
Per deadline in scheduling order. |
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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?
Generally, before trial |
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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?
Follow the scheduling or pretrial order. |
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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?
Yes
If YES, what guidelines or restrictions must counsel follow when conducting voir dire?
Time limit of 10 to 15 minutes. Appropriate questions submitted in advance to Court. |
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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?
Follow the scheduling or pretrial order. |
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| What are your peremptory challenge procedures? |
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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? |
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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?
But generally limit to 20-30 minutes. |
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| Can exhibits be used in opening statements?
No
Comments:
Absent agreement of all counsel. |
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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:
Depending on circumstances. |
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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?
See Local Rules. Call deputy clerk. |
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| G. | Procedure for Objections: |
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| What, if any, procedures do you have concerning objections? |
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| H. | Jury Procedures: |
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| Do you permit jurors to take notes?
Yes
Comments:
With appropriate instructions. |
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| Do you permit jurors to ask questions?
No
If YES, under what constraints and restrictions?
At present. |
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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?
If so, do you require that he or she be prepared to testify?
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? |
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| What are your “pet peeves” for the information of the lawyers appearing before you?
Attorneys who:
1. do not follow the Local Rules regarding courtroom decorum.
2. Call Chambers and request an interpretation of the Court Order or seek advice regarding the type of motion to file to address a certain problem. |
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| Please provide any additional information that you believe may be informative to the members of the Bar appearing before you. |
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| Attachments: |
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