The Florida Bar

Judicial Practice Survey

Allen C Winsor

District 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:

Northern District of Florida

Location of Chambers:

Tallahassee

Assigned Courtroom:

5E

Phone:

850-521-3641

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

[email protected]

Chambers Staff

Courtroom Deputy:

TiAnn Stark

Phone:

352-380-2403

Email address:

[email protected]

Court Reporter:

Lisa Snyder

Phone:

850-567-4715

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 clerks(s) on procedural matters?

No

May counsel contact chambers to speak with your law clerks(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?

No.

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

TiAnn Stark (Courtroom Deputy) can assist or can connect counsel to IT staff if necessary.

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 (i) new redaccted version and (ii) motion to seal inadverntently filed document.

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

Must seek leave in advance to file under seal. If leave is granted, may email or mail to Courtroom Deputy for filing.

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

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?

Parties should not file or submit proposed orders unless specifically requested.

Pretrial Procedure (Criminal)

Do you conduct preliminary pretrial conferences in criminal cases?

No

If YES, what matters do you typically discuss during a preliminary pretrial conference?

Preliminary pretrial conferences are held in some cases, but not in most.

Do you conduct suppression hearings or do you refer them to a Magistrate Judge?

These are typically not referred to a Magistrate Judge.

Do you take the plea or do you regularly refer plea hearings to a Magistrate Judge?

Pleas are typically not referred to a Magistrate Judge.

What is your policy concerning nolo contendere or Alford pleas?

Typically not accepted.

Pretrial Procedure (Civil)

Do you conduct preliminary pretrial hearings, e.g., pursuant to Fed.R.Civ.P. 16?

No

If YES, what matters do you typically discuss during preliminary pretrial hearings?

Typically, there will be a preliminary pretrial hearing if requested. Typically, there will not be if not requested.

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 hear preliminary injunction motions?

Yes

If YES, do you permit evidence to be introduced?

Yes

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

No

Should copies of unpublished cases 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?

I regularly conduct telephonic hearings.

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

Oral argument is scheduled when I determine it would be useful.

Will you entertain motions in limine prior to trial?

Yes

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

Before pretrial conference and by deadline set in scheduling order.

Discovery

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.)?

No

Do you routinely refer discovery matters to a Magistrate Judge?

No

Trial

Do you automatically set civil cases for trial or do you wait for counsel to propose a time period in which a case should be scheduled for trial?

Automatically set.

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

Yes

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

Typically a date certain is not set initially. Cases are set for two-week trial periods. Some cases are specially set.

Do you conduct pretrial conferences?

Yes

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?

Five days before jury selection. Counsel can also suggest questions at sidebar during jury selection.

What are your peremptory challenge procedures?

Sides alternate as to who goes first as to each prospective juror.

Do you allow back striking during jury selection?

No

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

No

Can exhibits be used in opening statements?

Yes

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

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

State objections concisely. No speaking objections. Court will inquire if more detail required. No responses unless requested.

When do you require counsel to file proposed jury instructions?

Case-specific issue.

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?

Yes

If YES, when do you require the proposed findings of fact and conclusions of law to be filed?

Depends on the case.

Sentencing

Do you require sentencing memos from the parties?

No

If NO, may parties file a sentencing memo?

Yes

If counsel anticipates a contested or extensive sentencing hearing, should counsel notify the court?

Yes. Contact courtroom deputy.

In a proceeding for a violation of supervised release conditions, do you personally conduct the admissions/findings of fact hearing or do you refer this to a Magistrate Judge?

Personally conduct.

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"?

Review local rules.

Revised: 03-02-2022