Karen Kinkennon Specie
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: Northern District of Florida
Location of chambers: 110 East Park Avenue, Suite 200
Assigned courtroom: 2nd Floor
Email address (only for proposed orders):
Judicial Assistant/Secretary: Lisa E. Murrill
Email address: [email protected]
Courtroom Deputy: Janet Nah
Email address: [email protected]
Docket Clerk: Janet Nah
Law Clerk phone number(s), only if you permit law clerk(s) to receive calls: 850-521-5032
Communication with chambers:
Do you permit contact with chambers
regarding questions of procedure? Yes
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? No
Comments: When emergency hearings are requsted counsel may contact chambers to discuss procedural 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? See standing orders.
Is there a designated court staff person to contact relating to the use of electronic media or other audiovisual needs? Courtroom Deputy, Janet Nah
*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)? See Local Rules and standing orders
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)? No
When filing documents with multiple attachments (e.g., the petition and schedules), 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.) Yes
Do you prefer that (non-trial) exhibits and depositions be filed conventionally as well as on CM/ECF? No
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? They must be submitted via CM/ECF per our website instructions.
Should proposed orders be submitted in a format which can be edited, or is a PDF version acceptable? Word or Word Perfect format only.
Comments: See proposed orders guidelines on Court's website.
When other parties have consented to a motion, do you prefer that the consent is stated in the motion or do you prefer a separately filed notice of consent? Either is acceptable.
Do you have any requirements, beyond those found in the Federal Rules of Civil Procedure, the Federal Rules of Bankruptcy Procedure, or any Local Rules, as to motions for enlargement of time or motions for continuance? Yes
If YES, what do you require? Continuances should recite that you have discussed the proposed continuance with opposing counsel and whether there is an objection.
Should copies of cases cited in motions and memoranda be forwarded to chambers?
copies of published cases? Yes
copies of unpublished opinions? Yes
If copies of cases are submitted, do you accept copies that have portions highlighted by counsel? Yes
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? The motion may be denied or the hearing on the motion continued.
What do you consider to be an emergency matter? We accept counsel's representations that an emergency exists, unless proven otherwise.
How does one request emergency relief? In accordance with Local Rules.
What are your procedures concerning ex parte temporary restraining orders? Federal Rules of Civil Procedure
When a dispute arises during a deposition, is it appropriate to call chambers to seek an immediate ruling? Yes
For which matters is the use of negative notice acceptable? List on Court website.
What is your preferred method for a party to request a hearing date? The Court schedules hearings.
When you schedule a hearing, do you state whether the hearing will be evidentiary (if Fed.R.B.P. 9014(e) has not been implemented)? Yes
Under what circumstances do you allow telephonic hearings? Telephonic appearances are welcome via Court Call; all preliminary stay relief hearings are telephonic.
Under what circumstances do you require the debtor's attendance at a hearing? Only when presentation of evidence or testimony is needed.
Do you grant pro hac vice admission on oral request at hearings?
What is your practice or policy when counsel fails to provide opposing counsel with copies of proposed exhibits prior to hearing or trial? The exhibits may be excluded from evidence, or the trial may be continued.
Will you entertain motions in limine prior to trial? Yes
If YES, how far in advance should they be filed? Three weeks.
What is your preference regarding the use of alternative dispute resolution methods such as arbitration or mediation? ADR is encouraged.
Do you refer settlement conferences to another Bankruptcy Judge? No
Do you grant specially set trial dates (dates certain)? Yes
If YES, under what circumstances will you grant trial dates certain? Occasionally, trial dates are selected at the conclusion of the pretrial conference.
If NO, what is your policy regarding notice for trial during a trial docket (e.g., will you give at least 48 hours' notice)? We do not maintain a trial docket.
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 Daubert hearings prior to trial? Yes
What, if any, procedural requirements do you have regarding the use of videotapes, trial graphics, depositions, and demonstrations? Contact Chambers no less than one week prior to trial date to make suitable arrangements with IT staff.
Do you prefer opening statements? Yes
Do you require trial briefs? No
If you require trial briefs, when are they due?
Do you have any requirements for trial briefs?
Do you require proposed findings of fact and conclusions of law to be filed? Yes
If YES, when do you require the proposed findings of fact and conclusions of law to be filed? Usually within 15 days after the conclusion of the trial.
Should the proposed findings and conclusions also be submitted to chambers electronically? Yes
Comments: In Word or Word Perfect format.
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”? Address only the court; not other attorneys. Be prepared. Have all exhibits pre-marked and, if possible, stipulated for admission into evidence.
Do you have any other practice pointers, advice, observations, or suggestions for members of the Bar appearing before you? Make arrangements for telephonic appearances in advance. Call Chambers when a matter is settled. Review proposed orders carefully to ensure that they comply with the court's guidelines and do not contain typos or incorrect party names, etc. If proposed orders are returned, do not argue with case administrators; contact chambers. Be courteous and respectful with all Clerk's office staff; they are working extremely hard to manage all cases as efficiently as possible, for the benefit of all.
Links to your court's webpage with information about your practices or other links you recommend for practitioners:http://www.flnb.uscourts.gov/
ATTACHMENTSSample orders (please include a sample of any scheduling orders), biography, etc.
Proposed Orders GuidelinesMortgage Modification Mediation Program
- Proposed Order Guidelines FLNB.pdf
- Mortgage Modification Mediation FLMB.pdf