Arthur B Briskman
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: 400 W. Washington Street, Suite 6200, Orlando, Florida, 32801
Assigned courtroom:Phone: 407-237-8120
Email address (only for proposed orders):
Judicial Assistant/Secretary: Kim Guerrieri
Courtroom Deputy: Susan Coberly
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?
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 (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.)
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?
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?
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?
If YES, what do you require? Moving party should confer with opposing counsel and include that information in the motion, i.e. counsel conferred and opposing party consents, etc.
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? No
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? Matter is rescheduled unless opposing counsel states they do not object.
What do you consider to be an emergency matter?
How does one request emergency relief? By filing an appropriate motion with a Certificate of Necessity.
What are your procedures concerning ex parte temporary restraining orders?
When a dispute arises during a deposition, is it appropriate to call chambers to seek an immediate ruling?
For which matters is the use of negative notice acceptable? Please see Attachment 1. This attachment contains a table that consolidates the appropriate use of negative notice by practitioners as permitted by Local Rule 2002-4. All practitioners are encouraged to use negative notice wherever appropriate but are also reminded of the Court's discretionary authority to set any matter for hearing even if no objection was filed as stated in L.R. 2002-4(e).
What is your preferred method for a party to request a hearing date? At this time by filing the proper pleading, motion, objection. The pleading is filed with the Clerk's Office that in turn forwards it to the courtroom deputy. It is given a hearing date and time and returned to the Clerk's Office for noticing unless counsel is asked to prepare the notice of hearing.
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)?
Under what circumstances do you allow telephonic hearings? Telephonic hearings are determined on a case by case basis. Location of Counsel DOES NOT entitle a telephonic hearing. If it is a contested motion and evidence or testimoney is to be presented then a telephone hearing IS NOT permitted.
Under what circumstances do you require the debtor's attendance at a hearing? Debtor's should be present at all hearings dealing with motions/objections filed on their behalf unless previously excused by the Court.
Do you grant pro hac vice admission on oral request at hearings? Yes
What is your practice or policy when counsel fails to provide opposing counsel with copies of proposed exhibits prior to hearing or trial?
Will you entertain motions in limine prior to trial?
If YES, how far in advance should they be filed?
What is your preference regarding the use of alternative dispute resolution methods such as arbitration or mediation? Mediation is encouraged.
Do you refer settlement conferences to another Bankruptcy Judge?
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)? Status Conferences are set in the beginning of the month with trial weeks set at the end of the month. At the Status Conference, Counsel is asked of any conflicts during the trial week. The Final Evidentiary Hearing is either scheduled in Court, or the courtroom deputy will call the parties one week prior to the schedule trial week to advise of the date and time certain. If Counsel has not heard from the courtroom deputy by the Friday prior to trial week, it is counsel's responsibility to call and get the hearing date and time.
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?
What, if any, procedural requirements do you have regarding the use of videotapes, trial graphics, depositions, and demonstrations? Use is permitted. Counsel should call the courtroom deputy prior to the hearing to make arrangements.
Do you prefer opening statements? No
Do you require trial briefs?
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? No
If YES, when do you require the proposed findings of fact and conclusions of law to be filed?
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:
ATTACHMENTSSample orders (please include a sample of any scheduling orders), biography, etc.
Negative Notice.pdfElectronic Filing of Proposed Orders.pdf