David Allan Baker
The following information was provided in response to a survey prepared by 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. Further information may be found in the attachments (sample orders, etc.) referenced at the end of this Guide entry or on the court's website noted below.
Court: Middle District of Florida
Location of chambers: Orlando
Phone:Email address (only for proposed orders or jury instructions):
Courtroom Deputy: Helyn LaTorre
Phone: 407 835 5807
Law Clerk phone number(s), only if you permit law clerk(s) to receive calls:
Communication with chambers:
Do you permit contact with chambers
regarding questions of procedure? No
regarding the status of pending matters? No
May counsel contact chambers to speak with your law clerks(s)
on procedural matters? Yes
on the status of pending matters?
USE OF CELL PHONES, LAPTOPS, AND OTHER ELECTRONICS IN COURT
Other than procedures adopted by the U.S. Marshal's Service relating to access to a federal courthouse, do you have any additional procedures to be followed for the use of cell phones, laptops, or other electronics?
Is there a designated court staff person to contact relating to the use of electronic media or other audiovisual needs?
*Always verify with the Clerk of Court or the U.S. Marshal's Service as to any procedures relating to the use of cell phones or other electronic devices at the courthouse.
CM/ECF PROCEDURES(in addition to Local Rules or CM/ECF procedures applicable in the District)
Do you have a preferred method for counsel to correct an electronically filed document that inadvertently contains personal information (as prohibited by Fed.R.Civ.P. 5.2)?
Do you have a preferred method governing the filing of sealed documents?
Do you prefer that (non-trial) exhibits be filed as separate docket entries (instead of filing them as attachments to the document they support)?
When filing documents with multiple attachments, do you prefer that the document be filed such that it is displayed with bookmarks within the PDF image? (This question only applies if such filing is available as a format for filing attachments in your District.)
Do you prefer that (non-trial) exhibits and depositions be filed conventionally as well as on CM/ECF?
If YES, do you require more than one copy to be filed?
Do you prefer to have proposed orders (other than those required to be filed in the case) submitted as an attachment to documents filed in CM/ECF, or do you prefer to receive them by email or another method?
Should proposed orders be submitted in a format which can be edited, or is a PDF version acceptable?
PRETRIAL PROCEDURE (CRIMINAL)
At bond hearings, do you permit the government to proceed by proffer or do you require a government agent to be present to testify? either
If a proffer is permitted, can the defendant’s counsel call the government case agent and cross-examine him/her? Yes
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?
What criteria do you apply in determining whether to impose a financial assessment on a defendant for the services of appointed counsel?
Do you conduct preliminary pretrial conferences in criminal cases? No
If YES, what matters do you typically discuss during a preliminary pretrial conference?
Do you require the defendant to be present at status conferences?
If YES, do you have the same policy for defendants in custody and for defendants on bond?
Do you have a regular plea deadline?
If YES, when is that deadline?
If NO, is a plea deadline set at pretrial conferences?
What is your policy concerning nolo contendere or Alford pleas? not allowed
Do you have any special procedures regarding plea agreements for individuals who are cooperating with the government, e.g., sealed plea agreements, etc.?
What is your policy as to plea agreements that involve sentencing recommendations? non binding only
PRETRIAL PROCEDURE (CIVIL)
Do you issue a standard pretrial order? (Please attach a copy at the end of this survey.)
Do you conduct preliminary pretrial hearings, e.g., pursuant to Fed.R.Civ.P. 16? Yes
If YES, what matters do you typically discuss during preliminary pretrial hearings? All matters related to orderly progress in the case, includingany requests for variation from standard procedures.
Do you have any requirements, beyond those found in the Federal Rules of Civil Procedure and the Local Rules, as to motions for extension of time or motions for continuance?
If YES, what do you require?
Other than as required by Local Rules, do you prefer that the moving parties submit proposed orders along with non-dispositive motions? No
Do you have any requirements, beyond those found in the Federal Rules and the Local Rules, as to ex parte temporary restraining orders? n/a
Do you hear preliminary injunction motions? Yes
If YES, do you permit evidence to be introduced?
Should copies of cases cited in motions and memoranda be forwarded to chambers?
copies of published cases? No
copies of unpublished opinions?
If copies of cases are submitted, do you accept copies that have portions highlighted by counsel?
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?
Under what circumstances do you allow telephonic hearings? routinely
What is your practice concerning oral arguments on referred dispositive motions? allow when requested
Will you entertain motions in limine prior to trial? Yes
If YES, how far in advance should they be filed? These are rarely weel enough defined to be useful
Do you receive referrals on discovery matters from a District Judge? Yes
Other than those discovery schedules contained in Local Rules, do you have special discovery deadlines or procedures for certain types of cases (ERISA, FLSA, etc.)? Yes
If YES, what types of cases and what are the deadlines or procedures? We use a special scheduling orders for FLSA, ERISA, ADA, and Social Security cases
When a dispute arises during a deposition, is it appropriate to call your chambers (if the case has been referred for discovery) to seek an immediate ruling?
What is your preference regarding the use of alternative dispute resolution methods such as arbitration or mediation? mediation is routinely ordered
Do you require counsel to submit a proposed order referring the case to mediation?
Do you have any special procedures for the settlement of FLSA cases?
Do you automatically set consent cases for trial or do you wait for counsel to propose a time period in which a case should be scheduled for trial? date will be set based on the parties' case management report or after pretrial conference
Do you grant specially set trial dates (dates certain)? Yes
If YES, under what circumstances will you grant trial dates certain?
If NO, what is your policy regarding notice for trial during a trial docket (e.g., will you give at least 48 hours' notice)?
What is your practice or procedure regarding rescheduling trials that are not reached on a trial docket, e.g., will the trial date be automatically rescheduled on your next trial docket?
Do you conduct pretrial conferences? Yes
If YES, and you have a standing order regarding pretrial conferences, please attach a copy at the end of this survey.
Do you conduct Daubert hearings prior to trial? Yes
What, if any, procedural requirements do you have regarding the use of videotapes, trial graphics, depositions, and demonstrations?
Do you require trial briefs
in jury trials? Yes
in bench trials? Yes
If you require trial briefs, when are they due?
Do you have any requirements for trial briefs?
Do you permit counsel to perform voir dire? Yes
If YES, what guidelines or restrictions must counsel follow when conducting voir dire? pertinent, non argumentative and concise
If NO, can counsel submit proposed voir dire questions? Yes
If YES, when should such questions be submitted? with final pretrial statement
What are your peremptory challenge procedures? entire panel is qualified, parties strike from the number needed to reach a panel
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? each side with a separate or antagonistic position will ordinarily be allowed strikes
Do you allow back striking during jury selection?
Do you impose any standard time limits on counsel's opening statements? Yes
If YES, what are the time limits? determined at FPTC
Can exhibits be used in opening statements?
Do you allow plaintiffs to make a rebuttal during opening statements?
Do you permit jurors to
take notes? Yes
If YES, under what constraints and restrictions?
What, if any, procedures do you have concerning objections at trial? no sidebars
When do you require counsel to file proposed jury instructions? along with final pretrial statement
Should jury instructions also be submitted to chambers electronically?
When standard jury instructions are available, do you prefer that attorneys submit condensed versions of the standard instructions?
Do you require proposed findings of fact and conclusions of law to be filed in bench trials?
If YES, when do you require the proposed findings of fact and conclusions of law to be filed? not necessarily
Should the proposed findings and conclusions also be submitted to chambers electronically?
What should lawyers avoid at all costs when appearing before you (other than the obvious: don't be late, do be courteous, etc.), i.e., do you have any “pet peeves”?
Do you have any other practice pointers, advice, observations, or suggestions for members of the Bar appearing before you?
Links to your court's webpage with information about your practices or other links you recommend for practitioners:
Sample orders (please include a sample of any scheduling orders), biography, etc.