Jared Michael Strauss
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.
Name of Court:
Southern District of Florida
Location of Chambers:
Email address (only for proposed orders or jury instructions):
Communication with Chambers
Do you permit contact with chambers regarding questions of procedure?
Do you permit contact with chambers regarding the status of pending matters?
May counsel contact chambers to speak with your law clerk(s) on procedural matters?
May counsel contact chambers to speak with your law clerk(s) on the status of pending matters?
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?
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.
In addition to Local Rules or CM/ECF procedures applicable in the District:
Do you prefer that (non-trial) exhibits be filed as separate docket entries (instead of filing them as attachments to the document they support)?
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?
Do you prefer that (non-trial) exhibits and depositions be filed conventionally as well as on CM/ECF?
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?
Received by email to chambers email address ([email protected])
Should proposed orders be submitted in a format which can be edited, or is a PDF version acceptable?
Proposed orders should be submitted 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 proceed by proffer, but a knowledgeable agent must be present for cross-examination.
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?
Do you conduct preliminary pretrial conferences in criminal cases?
Pretrial Procedure (Civil)
Do you conduct preliminary pretrial hearings, e.g., pursuant to Fed.R.Civ.P. 16?
If YES, what matters do you typically discuss during preliminary pretrial hearings?
In referred cases, I may conduct a scheduling conference if instructed by the presiding District Judge. That hearing typically addresses pretrial deadlines, the parties' discovery plan, whether the parties anticipate seeking a confidentiality order to govern discovery, and what issues (if any) the parties anticipate arising in discovery.
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?
Other than as required by Local Rules, do you prefer that the moving parties submit proposed orders along with non-dispositive motions?
Should copies of published cases cited in motions and memoranda be forwarded to chambers?
Should copies of unpublished opinions cited in motions and memoranda be forwarded to chambers?
Do you regularly set aside time during a given week/month for hearings on motions?
What is your practice concerning oral arguments on referred dispositive motions?
Oral arguments are scheduled only if needed.
Will you entertain motions in limine prior to trial?
If YES, how far in advance should they be filed?
A deadline for motions in limine is set in the pretrial scheduling order.
Do you receive referrals on discovery matters from a District Judge?
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.)?
If YES, what types of cases and what are the deadlines or procedures?
In all cases, parties are instructed to request a discovery hearing within 14 days of the grounds for a motion arising.
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?
Do you require counsel to submit a proposed order referring the case to mediation?
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 parties consenting to Magistrate Judge jurisdiction, the parties are instructed to confer and propose three trial dates from which the judge selects based on the judge's calendar and courtroom availability.
Do you grant specially set trial dates (dates certain)?
If YES, under what circumstances will you grant trial dates certain?
In consent case, the judge always endeavors to provide a date certain, subject to courtroom availability.
Do you conduct pretrial conferences?
Do you require trial briefs in jury trials?
Do you require trial briefs in bench trials?
Do you permit counsel to perform voir dire?
If YES, what guidelines or restrictions must counsel follow when conducting voir dire?
Counsel are permitted 15 minutes per side for voir dire after preliminary questioning of the venire by the Court.
If NO, can counsel submit proposed voir dire questions?
If YES, when should such questions be submitted?
By the date of the pretrial conference.
Do you allow back striking during jury selection?
Do you impose any standard time limits on counsel's opening statements?
Do you allow plaintiffs to make a rebuttal during opening statements?
Do you permit jurors to ask questions?
Should jury instructions also be submitted to chambers electronically?
Do you require proposed findings of fact and conclusions of law to be filed in bench trials?
If YES, when do you require the proposed findings of fact and conclusions of law to be filed?
By the date of the pretrial conference
Should the proposed findings and conclusions also be submitted to chambers electronically?