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Florida's Legal System



Survey last modified on 06/08/2009

Jerry A Funk
Bankruptcy Judge


The following information is being voluntarily furnished in response to a questionnaire from the Federal Court Practice Committee of The Florida Bar. This information is not binding on any judge or court official and may not be relied upon for precedential purposes.

Court:
Middle District of Florida

Location of Chambers:
United States Courthouse

Phone Number:
904-301-6560

Assigned Courtroom:
Rm 4D

1. Staff:

Judicial Assistant:
Edrie Brown

Courtroom Deputy:
Ray Readdick

Law Clerk(s):
Jodie Hollingsworth

2.Is it appropriate to telephone Chambers regarding questions of procedure on pending matters?
Yes
Comments:
To the law clerk on procedural matters.

3.Is it appropriate to telephone Chambers regarding the status of pending matters?
No
Comments:
Review the case docket on-line. Then, if necessary call the case manager in the clerk's office.

4.Should courtesy copies of pleadings and motions be forwarded to Chambers?
Yes
Comments:
Only in emergency matters where the original was filed electronically.

5. When should legal memoranda be filed in support of or in opposition to motions?
Non-standard issues. If you file one, do so at least five days before the hearing.

6.a. Should copies of cases cited in motions and memoranda be forwarded to Chambers?
No
Comments:

b. If copies of cases are submitted, is it appropriate to highlight portions of cases?

Comments:

7.a. Is it appropriate to cite unpublished opinions in motions or memoranda?
Yes
Comments:
If you give me a copy.

b. If so, should they be attached to the motions or memoranda?
Yes
Comments:

8. Under what conditions do you allow telephonic hearings?
On non-evidentiary matters on a case by case basis.

9.a. What do you consider to be an emergency matter?
Submit motion and certificate of necessity and judge will review.

b. How does one request emergency relief?

10. a. Would you entertain motions in limine prior to trial?
Yes
Comments:

b. If you will consider motions in limine prior to trial, how far in advance should they be filed?
As far in advance as possible.

11. What are your procedures concerning ex parte temporary restraining orders?
We follow the procedures set forth in the local rules and bankruptcy rules.

12.a. 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 (but not non-binding arbitration) is encouraged. I will readily grant motions by either party seeking mediation.

b. Will you refer settlement negotiations to another bankruptcy judge?
Yes
Comments:

13. When a dispute arises during a deposition, is it appropriate to call Chambers to seek an immediate ruling?
Yes
Comments:

14.a. Do you grant trial dates certain?
Yes
Comments:

b. If not, what is your policy regarding notice of being called for trial during a trial docket (e.g., 48 hours)?

15. Do you require trial briefs?
Yes
Comments:
For any trial scheduled for over three hours.

16. Do you require proposed findings of fact and conclusions of law to be filed?
Yes
Comments:
If I elect to have the parties submit briefs or memoranda of law in lieu of oral argument at the conclusion of a trial or hearing, I require proposed findings of fact and conclusions of law.

17.Should trial briefs and/or proposed findings of fact and conclusions of law be submitted to Chambers on a computer disk?
No
Comments:
E-mail the document in microsoft word to my law clerk at Jodie_Hollingsworth@flmb.uscourts.gov

18.Do you prefer opening statements?
Yes
Comments:

19.Do you conduct Daubert hearings prior to trial?

Comments:

20. What is your procedure for the use of videotapes, trial graphics, depositions, and demonstrations?
The procedure must be arranged in advance with the courtroom administrator on a case by case basis.

21.For which matters is the use of negative notice acceptable?
See Local Rule 2002-4.

22. How does a litigant obtain a hearing date?
File a motion and the Court will schedule a hearing.

23. How does one know if a hearing is to be evidentiary (if Fed.R.B.P. 9014(e) has not been implemented)?
An evidentiary hearing will be noticed as evidentiary. Otherwise, hearings are deemed preliminary.

24. What are your requirements for proposed orders?
See Local Rule 9072-1 and my practice guidelines on the Court's web-site at www.flmb.uscourts.gov.

25.Do you have a policy on continuances and enlargements of time (e.g., hearing required)?
No

26.Under what circumstances do you require the debtor's attendance at a hearing?
When the debtor is subpoenaed, ordered by the Court, or required by local rule.

27.Do you grant pro hac vice admission on oral request at hearings?
I deal with such requests on a case by case basis.

28.What is your practice or policy when counsel fails to serve opposing parties with motions within the times set forth in the rules or your orders?
I deal with it on a case by case basis.

29.What is your practice or policy when counsel fails to provide opposing counsel with copies of proposed exhibits prior to hearing or trial?
I deal with it on a case by case basis.

30.Please indicate any pet peeves of which you would like the Federal Bar to be aware.
An attorney's failure to let his or her client know that a hearing has been resolved and that the client need not attend the hearing.

Attachments:

[Revised: 07-01-2005 ]