Alicia Margarita Otazo-Reyes
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:
Southern District of Florida
Location of Chambers:
C. Clyde Atkins U.S. Courthouse, 301 North Miami Avenue, Miami, Florida 33128
Assigned Courtroom:
10th Floor
Phone:
(305) 523-5740
Email address (only for proposed orders or jury instructions):
Chambers Staff
Law Clerk phone number(s), only if you permit law clerk(s) to receive calls:
(305) 523-5740
Communication with Chambers
Do you permit contact with chambers regarding questions of procedure?
Yes
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
Comments:
Law clerks may not be asked substantive legal questions and they cannot provide advice on how to handle legal questions.
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?
Stephanie Lee
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)?
No
Do you have a preferred method governing the filing of sealed documents?
No
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?
Yes, submitted as an attachment to documents filed in CM/ECF and via email.
Should proposed orders be submitted in a format which can be edited, or is a PDF version acceptable?
In a format which can be edited.
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?
Both. The government may first proceed by proffer but the government is required to have an agent available for cross-examination.
If a proffer is permitted, can the defendant’s counsel call the government case agent and cross-examine him/her?
Yes
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?
Yes
What criteria do you apply in determining whether to impose a financial assessment on a defendant for the services of appointed counsel?
The Defendant's financial condition.
Do you conduct preliminary pretrial conferences in criminal cases?
No
Do you require the defendant to be present at status conferences?
No
What is your policy concerning nolo contendere or Alford pleas?
Accepted when appropriate.
Do you have any special procedures regarding plea agreements for individuals who are cooperating with the government, e.g., sealed plea agreements, etc.?
No special procedures.
What is your policy as to plea agreements that involve sentencing recommendations?
Accepted when appropriate.
Pretrial Procedure (Civil)
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
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?
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 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?
For good cause.
What is your practice concerning oral arguments on referred dispositive motions?
The matter will be set for hearing if argument is warranted.
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.)?
No
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?
It is encouraged.
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?
Cases are set for trial after a status conference.
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 on dates certain.
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?
There is no trial "docket" or "calendar" because all trials on full consent cases have been given a date certain for trial.
Do you conduct pretrial conferences?
Yes
What, if any, procedural requirements do you have regarding the use of videotapes, trial graphics, depositions, and demonstrations?
Special requests addressed at pretrial conference.
Do you require trial briefs in jury trials?
No
Do you require trial briefs in bench trials?
No
Do you permit counsel to perform voir dire?
Yes
If YES, what guidelines or restrictions must counsel follow when conducting voir dire?
Instructions provided at pretrial conference.
If YES, when should such questions be submitted?
Instructions provided at pretrial conference.
What are your peremptory challenge procedures?
Instructions provided at pretrial conference.
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?
Instructions provided at pretrial conference.
When do you require counsel to file proposed jury instructions?
As indicated in the trial order.
Should jury instructions also be submitted to chambers electronically?
Yes
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?
Instructions provided at pretrial conference.
Should the proposed findings and conclusions also be submitted to chambers electronically?
Yes
Revised: 03-04-2021