 | Court:
Southern District of Florida |
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| Location of Chambers:
299 E. Broward Blvd., 205F |
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| Phone Number:
954-769-5650 |
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| Assigned Courtroom:
#205D |
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| 1. | Staff: |
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| Scheduling Assistant/Secretary:
Tammy Barlow
Phone:
954-769-5650 |
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| Courtroom Deputy:
Karen Carlton
Phone:
954-769-5655 |
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| Court Reporter:
Robert Ryckoff
Phone:
954-769-5657 |
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| Docket Clerk:
Lisa Streets
Phone:
954-769-5411 |
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| Law Clerks: |
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| (1) Name:
Alaina Fotiu-Wojtowicz
Term Ending:
August, 2008 |
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| (2) Name:
Heather Costanzo
Term Ending:
August, 2009 |
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| (3) Name:
Term Ending:
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| Policy regarding communication with staff (i.e., do you permit counsel to contact assigned law clerks?):
No
Comments:
No. |
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| Is it appropriate to telephone Chambers regarding questions of procedure on pending matters?
Yes
Comments: |
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| Is it appropriate to telephone Chambers regarding the status of pending matters?
No
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?
No
If YES, what matters do you typically discuss during preliminary pretrial hearings? If NO, do you refer preliminary pretrial hearings to a United States Magistrate Judge? |
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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?
No
Comments: |
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| If copies of cases are submitted, do you accept copies that have portions highlighted by counsel?
No
Comments: |
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| Under what circumstances do you allow telephonic hearings?
Out of Town Attorneys |
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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?
At calendar call |
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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?
As permitted by Rule 65(b) Federal Rules of Civil Procedure. |
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| Do you hear preliminary injunction motions yourself?
Yes
If YES, do you limit the hearing to argument of counsel?
No
If NO, do you routinely refer preliminary injunctions for report and recommendation by a U.S. Magistrate Judge?
No
Comments:
Will consider live testimony and affidavits where appropriate. |
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| What is your practice concerning oral arguments of dispositive motions?
If requested, a hearing will usually be scheduled. |
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| Do you prefer that the moving parties submit proposed orders granting all motions filed before your court?
Yes
Comments:
AS reflected in local rules |
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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?
Mediation is required, unless excepted by local rules. |
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| D. | Discovery: |
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| Do you refer discovery matters to a U.S. Magistrate Judge?
Yes
Comments: |
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| When a dispute arises during a deposition, is it appropriate to call the Magistrate Judge's Chambers to seek an immediate ruling?
No
Comments:
Unless magistrate has previosly made an exception |
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| Do you have special discovery deadlines or procedures for certain types of cases (ERISA, FLSA, etc.)?
No
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?
No
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?
No
If YES, what matters do you typically discuss during a preliminary pretrial conference?
If NO, do you refer preliminary pretrial conferences to a U.S. Magistrate Judge?
Yes |
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| Do you personally conduct hearings on non-evidentiary substantive pretrial motions (to dismiss, sever, or for other relief)?
Yes
Comments: |
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| Do you personally conduct hearings on evidentiary substantive pretrial motions to suppress evidence or for other relief?
Yes
Comments: |
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| B. | Pleas: |
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| What is your policy concerning nolo contendere or Alford pleas?
Rarely accepted. |
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| What is your policy concerning plea arrangements that involve sentencing recommendations?
Accept them. |
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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?
Rarely. Sometimes, one day, non-jury.
If NO, what is your practice or procedure regarding rescheduling trials that are not reached on a trial docket?
Reset by Order. |
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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?
Yes
Comments:
Unless, I am in a long trial already. |
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| What is your policy regarding notice of being called for trial during a trial docket (e.g., 48 hours)?
24 hours generally. |
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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?
Counsel proposes
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?
No
Comments: |
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| What are your requirements for trial briefs? |
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| When are trial briefs due? |
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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?
One week before Calendar Call. |
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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?
One week before Calendar Call. |
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| When standard jury instructions are available, do you prefer that attorneys submit condensed versions of the standard instructions?
Yes |
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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 permit counsel to perform voir dire?
Yes
If YES, what guidelines or restrictions must counsel follow when conducting voir dire?
Ten minutes per side. |
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| If the judge conducts voir dire, can parties submit proposed voir dire questions?
Yes
If YES, when should such questions be submitted?
Calendar Call. |
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| What are your peremptory challenge procedures?
Voir Dire whole panel; alternating strikes; outside the presence of the jury. |
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| In multiple party cases, do you grant each party three peremptory challenges?
No
If NO, do you limit each side (i.e., plaintiff/defense) to a total of three peremptory challenges to be shared?
Yes, unless there is a conflict. |
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| Do you allow back striking during jury selection?
Yes
Comments:
Before the jury is sworn. |
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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?
Videotapes and depositions should be edited. If not agreed upon, objections should be filed by Calendar Call. |
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| G. | Procedure for Objections: |
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| What, if any, procedures do you have concerning objections at trial?
No speaking objections; side-bar conferences should be avoided. |
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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 Argument: |
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| Under what circumstances do you grant requests for oral argument?
Depends on the need. |
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| What, if any, comments or suggestions do you have regarding effective oral advocacy before you? |
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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?
I frequently interrupt to ask questions. |
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| C. | Appellate Briefs: |
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| What, if any, comments or suggestions do you have regarding effective appellate briefs?
Less is better. |
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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. | Other Questions: |
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| What are your "pet peeves" for the information of the lawyers appearing before you? |
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| What, if any, other observations or suggestions do you have for members of the Bar appearing before you? |
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| Attachments: |
| Biography |