Paul George Hyman Jr.
Bankruptcy 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:
1515 N. Flagler Dr. West Palm Beach, FL 33401
Assigned Courtroom:
Courtroom A
Phone:
561-514-4109
Chamber Staff
Judicial Assistant/Secretary:
N/A
Courtroom Deputy:
Vivian Corrales 561-514-4109
Communication with Chambers
Do you permit contact with chambers regarding questions of procedure?
No
Pretrial Practice
If YES, what do you require?
Yes. Continuances for hearings on motion calendars may be requested by an agreed motion for continuances filed with a proposed order. If the parties do not agree, the motion for continuance will be set for hearing. Continuances for specially set matters will not be continued absent extraordinary circumstances. Such continuances will not be granted ex parte without a hearing even if agreed. Pretrial conferences for adversary proceedings are permitted only one continuance, such continuance will not generally be granted ex parte without a hearing even if agreed. An agreed enlargement of time will be granted unless it interferes with a hearing or trial date. See Local Rule 5071-1.
Should copies of cases cited in motions and memoranda be forwarded to chambers for published cases?
Yes
Should copies of cases cited in motions and memoranda be forwarded to chambers for unpublished opinions?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 will sanction the attorney, continue the matter, and/or take appropriate steps to insure the opposing party is not prejudiced.
What do you consider to be an emergency matter?
An emergency matter is one where the requested relief requires immediate action.
How does one request emergency relief?
See Local Rule 9075-1. It is critical that the motion state clearly the nature of the emergency and when the hearing must be conducted to avoid irreparable harm.
What are your procedures concerning ex parte temporary restraining orders?
See Federal Rule Civil Procedure 65.
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 Rules 3007-1(C), 4001-1(C), 6004-1(B), 6007-1(B)(1), and 9013-1(D).
What is your preferred method for a party to request a hearing date?
See Local Rule 9073-1.
Under what circumstances do you allow telephonic hearings?
Telephone appearances are permitted for routine matters but are not permitted for evidentiary hearings, chapter 11 confirmation hearings, or for matters on a Chapter 13 calendar. Telephonic appearances before Judge Hyman can be arranged by calling CourtCall, an independent conference call company, at (888) 882-6878 not later than 3:00 p.m. Eastern Standard Time on the court day prior to the hearing date. Please see Judge Hyman's information webpage at www.flsb.uscourts.gov for additional information regarding the Court's requirements and procedures for telephonic appearances.
Under what circumstances do you require the debtor's attendance at a hearing?
None, other than when the debtor is subpoenaed.
What is your practice or policy when counsel fails to provide opposing counsel with copies of proposed exhibits prior to hearing or trial?
I will sanction the attorney, continue the matter, and/or take appropriate steps to insure the opposing party is not prejudiced.
Will you entertain motions in limine prior to trial?
Yes
If YES, how far in advance should they be filed?
Motions in limine should be filed as far in advance as possible and appropriate.
What is your preference regarding the use of alternative dispute resolution methods such as arbitration or mediation?
See Local Rule 9019-2. Mediation
Do you refer settlement conferences to another Bankruptcy Judge?
Yes
Trial
Do you grant specially set trial dates (dates certain)?
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?
I have no specific procedures for such use.
Do you require trial briefs?
No
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"?
I do not entertain any oral or ex parte communications. Do not write letters or call regarding cases. Federal Rule of Bankruptcy Procedure 9003 prohibits ex parte communications with the judge by any party in interest regarding any matter affecting a particular case. The title of proposed orders should use the words granted or denied. Do not simply state order "on". Also, please refer to the date of the hearing in the first line of the order. Do not contact chambers or the courtroom deputy for a hearing date/time if your motion has not been filed. Make sure that you file a certificate of service for the notice of hearing in which you certify that you conferred with opposing counsel in an effort to resolve the matter. You should be familiar with and follow the local rules and the information contained on the court's website. Please proofread orders which you submit to the Court. Orders with the wrong judge's name or initials, grammatical mistakes or numerous typographical errors reflect poorly on your diligence and professionalism. Remember that Local Rule 9019-1 adds certain requirements when you seek approval of settlements on negative notice. Specifically, you must either attach a copy of the settlement to the Certificate of No Response or describe the basic terms of the settlement in the Certificate.
Revised: 10-30-2018