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Judicial Practice Survey

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Mac Richard McCoy

Magistrate Judge


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.


JUDGE

Court: Middle District of Florida

Location of chambers: 2110 First Street, Suite 5-181, Fort Myers, FL 33901

Assigned courtroom:5C

Phone: (239) 461-2120

Email address (only for proposed orders or jury instructions): [email protected]


CHAMBERS

Staff:

Judicial Assistant/Secretary:

Phone:

Email address:


Courtroom Deputy: Jackie Clay

Phone: (239) 461-2007

Email address:


Court Reporter:

Phone:

Email address:


Docket Clerk:

Phone:

Email address:


Law Clerk phone number(s), only if you permit law clerk(s) to receive calls: (239)461-2120


Communication with chambers:

Do you permit contact with chambers

      regarding questions of procedure? Yes

      regarding the status of pending matters? Yes

May counsel contact chambers to speak with your law clerks(s)


      on procedural matters? Yes


      on the status of pending matters? Yes


Comments: General inquiries are permitted.


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 General Order 6:13-mc-84-ORL-22 (available at http://www.flmd.uscourts.gov/AttyResources/13-mc-94-Possession_Use_of_Personal_Devices-all_FLMD_courthouses.pdf)

Is there a designated court staff person to contact relating to the use of electronic media or other audiovisual needs? Jackie Clay, Courtroom Deputy Clerk, (239) 461-2007


*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)? Contact the assigned law clerk immediately to advise of the need for correction and also promptly file a motion to correct the filing.


Do you have a preferred method governing the filing of sealed documents? Strict compliance with M.D. Fla. R. 1.09 and with the relevant provisions of the Case Management and Scheduling Order entered in the case is required. See also Judge McCoy's Judicial Preferences Page (available at http://www.flmd.uscourts.gov/judicialInfo/FtMyers/JgMcCoy.htm).

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, 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? A proposed order should be (1) submitted as an attachment to the motion or brief to which it relates and (2) submitted to Judge McCoy's chambers email account ([email protected]) in native Microsoft Word file format.


Should proposed orders be submitted in a format which can be edited, or is a PDF version acceptable? Native Microsoft Word file format only.


Comments:


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? Proffer is permitted.


If a proffer is permitted, can the defendant’s counsel call the government case agent and cross-examine him/her?


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? Yes


      If YES, do you have the same policy for defendants in custody and for defendants on bond?


Do you have a regular plea deadline? Yes


      If YES, when is that deadline? Please deadlines are set and published by the presiding District Judge the District Judge's trial calendar.


      If NO, is a plea deadline set at pretrial conferences?


What is your policy concerning nolo contendere or Alford pleas?

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?


Comments:

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? See Judge McCoy's Judicial Preferences Page (available at http://www.flmd.uscourts.gov/judicialInfo/FtMyers/JgMcCoy.htm).

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? No


      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?

Do you hear preliminary injunction motions? No


      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? No


If copies of cases are submitted, do you accept copies that have portions highlighted by counsel? Yes


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? Parties may request telephonic hearings and appearances by motion. See also Judge McCoy's Judicial Preferences Page (available at http://www.flmd.uscourts.gov/judicialInfo/FtMyers/JgMcCoy.htm).

What is your practice concerning oral arguments on referred dispositive motions? The Court will consider any party's request for oral argument on a case-by-case basis. The Court may also set matters for oral argument sua sponte if the Court determines that oral argument may be helpful.


Will you entertain motions in limine prior to trial? Yes

      If YES, how far in advance should they be filed? Deadlines for motions in limine in consent cases are specified in the Case Management and Scheduling Order entered by the Court in each case.


Comments:


DISCOVERY

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? Standard scheduling orders are entered in ERISA, FLSA, and ADA cases directing the parties as to procedures applicable in those types of 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? Yes


Comments: Subject to Judge McCoy's availability. See Judge McCoy's Judicial Preferences Page (available at http://www.flmd.uscourts.gov/judicialInfo/FtMyers/JgMcCoy.htm) for instructions on contacting chambers regarding disputes during depositions.

SETTLEMENT

What is your preference regarding the use of alternative dispute resolution methods such as arbitration or mediation?


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? Parties must comply with prevailing Eleventh Circuit law regarding judicial approval of proposed settlements.


Comments:


TRIAL

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? Upon consent, the Court typically schedules a Preliminary Pretrial Conference to address all remaining case management deadlines, including any adjustments to the trial date. Otherwise, the Court may invite the parties to submit an Amended Case Management Report proposing any adjustments to the remaining case management deadlines, including the trial date.


Do you grant specially set trial dates (dates certain)? Yes


      If YES, under what circumstances will you grant trial dates certain? All consent cases are set for trial commencing on a date 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?

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? Deadlines are established in the Case Management and Scheduling Order entered in the specific case.


Do you have any requirements for trial briefs?


Do you permit counsel to perform voir dire?


      If YES, what guidelines or restrictions must counsel follow when conducting voir dire?


      If NO, can counsel submit proposed voir dire questions?

            If YES, when should such questions be submitted?

What are your peremptory challenge procedures?


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?


Do you allow back striking during jury selection?


Do you impose any standard time limits on counsel's opening statements?


      If YES, what are the time limits?


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?


      ask questions?


      If YES, under what constraints and restrictions?


What, if any, procedures do you have concerning objections at trial?


When do you require counsel to file proposed jury instructions? Deadlines are established in the Case Management and Scheduling Order entered in the specific case.


Should jury instructions also be submitted to chambers electronically? Yes


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? Yes


      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? Yes


Comments:


GENERAL ADVICE


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”? See Judge McCoy's Judicial Preferences Page (available at http://www.flmd.uscourts.gov/judicialInfo/FtMyers/JgMcCoy.htm).
Do you have any other practice pointers, advice, observations, or suggestions for members of the Bar appearing before you? See Judge McCoy's Judicial Preferences Page (available at http://www.flmd.uscourts.gov/judicialInfo/FtMyers/JgMcCoy.htm).

LINKS

Links to your court's webpage with information about your practices or other links you recommend for practitioners:

http://www.flmd.uscourts.gov/judicialInfo/FtMyers/JgMcCoy.htm

ATTACHMENTS

Sample orders (please include a sample of any scheduling orders), biography, etc.




[Revised: 02-16-2017]