Jerry A Funk
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: United States Courthouse
Assigned courtroom: Rm 4D
Email address (only for proposed orders):
Judicial Assistant/Secretary: Edrie Brown
Courtroom Deputy: Ray Readdick
Law Clerk phone number(s), only if you permit law clerk(s) to receive calls: Jodie Hollingsworth 904-301-6562, Trevor Ross 904-301-6539
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
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)? 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.)
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?
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? State the consent in the motion.
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? No
Should copies of cases cited in motions and memoranda be forwarded to chambers?
copies of published cases? No
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? I deal with it on a case by case basis.
What do you consider to be an emergency matter? File motion and certificate of necessity and judge will review.
How does one request emergency relief? File motion and certificate of necessity
What are your procedures concerning ex parte temporary restraining orders? We follow the procedures set forth in the local rules and bankruptcy rules.
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? See Local Rule 2002-4.
What is your preferred method for a party to request a hearing date? File a motion and the Court will schedule a 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)? Yes
Under what circumstances do you allow telephonic hearings? On non-evidentiary or settled matters. The Court uses Court Call. With respect to hearings in the Taylor, Bean & Whitaker Mortgage Corp. case, the Bray & Gillespie, LLC case, and in status/scheduling conferences, the attorney may call Court Call directly at 866-582-6878 to set up the telephonic appearance. In all other matters, the attorney must call Judge Funk's Courtroom Administrator, Ray Readdick, at 904-301-6566 to obtain approval to appear telephonically, after which the attorney must call Court Call to set up the telephonic appearance.
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.
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? I deal with it on a case by case basis.
Will you entertain motions in limine prior to trial? Yes
If YES, how far in advance should they be filed? As far in advance as possible.
What is your preference regarding the use of alternative dispute resolution methods such as arbitration or mediation? Mediation (but not non-binding arbitration) is encouraged. I will readily grant motions by either party seeking mediation.
Do you refer settlement conferences to another Bankruptcy Judge? Yes
Do you grant specially set trial dates (dates certain)? Yes
If YES, under what circumstances will you grant trial dates certain? In almost all contested matters and in all adversary proceedings.
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 Daubert hearings prior to trial?
What, if any, procedural requirements do you have regarding 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.
Do you prefer opening statements? Yes
Do you require trial briefs? Yes
If you require trial briefs, when are they due? By the date set forth in the order scheduling trial, generally ten days before the trial date.
Do you have any requirements for trial briefs? The requirements are set forth in the order scheduling trial.
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”? 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.
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.