The Florida Bar

Judicial Practice Survey

Embry Jerode Kidd

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

Name of Court:

Middle District of Florida

Location of Chambers:

Orlando Division, Chambers 4-550

Assigned Courtroom:

4C

Email address (only for proposed orders or jury instructions):

[email protected]

Chambers Staff

Courtroom Deputy:

Trish LeGros

Phone:

407-835-4356

Email address:

[email protected]

Communication with Chambers

Do you permit contact with chambers regarding questions of procedure?

No

Do you permit contact with chambers regarding the status of pending matters?

No

May counsel contact chambers to speak with your law clerk(s) on procedural matters?

Yes

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

Yes, see the Court's website under the Preferences tab on the use of Courtroom Technology.

Is there a designated court staff person to contact relating to the use of electronic media or other audiovisual needs?

Trish LeGros, Courtroom Deputy

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)?

File a notice of withdrawal of the filing.

Do you have a preferred method governing the filing of sealed documents?

Follow the Local Rules regarding the sealing of 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, do you prefer that the document be filed such that it is displayed with bookmarks within the PDF image?

Yes

Do you prefer that (non-trial) exhibits and depositions be filed conventionally as well as on CM/ECF?

No

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?

The Court will request proposed orders, and if so requested, they may be emailed to Chambers in Word format.

Should proposed orders be submitted in a format which can be edited, or is a PDF version acceptable?

Submit proposed Orders in Word format.

Pretrial Detention/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?

The government may request to proceed by proffer.

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

No

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?

No

What criteria do you apply in determining whether to impose a financial assessment on a defendant for the services of appointed counsel?

Defendants are typically required to complete a financial affidavit, and I make the assessment on a case-by-case basis.

Do you conduct preliminary pretrial conferences in criminal cases?

No

Do you have any special procedures regarding plea agreements for individuals who are cooperating with the government, e.g., sealed plea agreements, etc.?

The parties may request that cooperation language be sealed.

Pretrial Procedure (Civil)

Do you issue a standard pretrial order?

No

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?

The Court will conduct Rule 16 conferences if requested by the parties or ordered by the District Judge.

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

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?

No.

Do you hear preliminary injunction motions?

No

Should copies of published cases cited in motions and memoranda be forwarded to chambers?

No

Should copies of unpublished opinions cited in motions and memoranda be forwarded to chambers?

No

Do you regularly set aside time during a given week/month for hearings on motions?

No

Under what circumstances do you allow telephonic hearings?

The Court regularly sets hearings by video, in which case, counsel must appear in court attire with the camera activated. The parties may file a motion to request that any in-person hearing be held by video.

What is your practice concerning oral arguments on referred dispositive motions?

The Court will set matters for oral argument at its discretion. However, counsel may request than a given matter be set for oral argument.

Will you entertain motions in limine prior to trial?

Yes

If YES, how far in advance should they be filed?

In consent matters, the Court will set a deadline in the Case Management and Scheduling Order for the filing of motions in limine.

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?

The Court enters an Order on Discovery Motions in each case to which it applies. The Order contains special deadlines and procedures.

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

Settlement

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

In consent matters, the Court will refer all civil cases to mediation.

Do you require counsel to submit a proposed order referring the case to mediation?

No

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?

Consent cases are set for a date-certain trial after considering the dates proposed by counsel in the Case Management Report.

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

Yes

If YES, under what circumstances will you grant trial dates certain?

The Court will make an effort to accommodate counsel's request for a date certain trial in a consent case.

Do you conduct pretrial conferences?

Yes

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?

The courtroom has audio-visual capabilities that parties may use provided they make advance arrangements. Counsel and unrepresented parties who wish to reserve the court's equipment should contact the Courtroom Deputy well before the date of the hearing or trial.

Do you require trial briefs in jury trials?

No

Do you require trial briefs in bench trials?

Yes

If you require trial briefs, when are they due?

Generally, no later than seven days before the trial date (unless the court sets a specific date in the Case Management and Scheduling Order), to the extent necessary, each side may file a trial brief not exceeding 10 pages, with citations to authorities and arguments specifically addressing issues (if any) raised in the pretrial statement (see Local Rule 3.06(b)) and any other significant disputed issues of law likely to arise at trial.

Do you have any requirements for trial briefs?

Refer to the Court's website and the Case Management and Scheduling Order

Do you permit counsel to perform voir dire?

No

If NO, can counsel submit proposed voir dire questions?

Yes

If YES, when should such questions be submitted?

The deadline is established in the Case Management and Scheduling Order.

In multiple party cases, do you grant each party three peremptory challenges?

No

If NO, do you limit each side (i.e., plaintiff/defense) to a total of three peremptory challenges to be shared?

Yes

Do you allow back striking during jury selection?

Yes

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

No

Can exhibits be used in opening statements?

No

Do you allow plaintiffs to make a rebuttal during opening statements?

No

Do you permit jurors to take notes?

Yes

Do you permit jurors to ask questions?

No

When do you require counsel to file proposed jury instructions?

The deadline is established in the Case Management and Scheduling Order.

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?

No

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?

The deadline is established in the Case Management and Scheduling Order.

Should the proposed findings and conclusions also be submitted to chambers electronically?

Yes

Links

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

https://www.flmd.uscourts.gov/judges/embry-kidd

Attachments

Description:

Order on Discovery Motions and Standing Order on Procedure for Assertion of Privilege

Standing Order on Discovery Motions.pdf

Standing Order Re Assertion of Privilege.pdf

Revised: 07-22-2021