William Peter Dimitrouleas
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:
299 E. Broward Blvd., 205F
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 clerks(s) on procedural matters?
May counsel contact chambers to speak with your law clerks(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?
cell phones must be turned off in courtroom; juror cell phones are collected during deliberations
Is there a designated court staff person to contact relating to the use of electronic media or other audiovisual needs?
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 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)?
Do you have a preferred method governing the filing of sealed 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)?
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?
as an attachment and by email in Word format
Should proposed orders be submitted in a format which can be edited, or is a PDF version acceptable?
form that can be edited
Pretrial Procedure (Criminal)
Do you conduct preliminary pretrial conferences in criminal cases?
Do you require the defendant to be present at status conferences?
If YES, do you have the same policy for defendants in custody and for defendants on bond?
Do you conduct suppression hearings or do you refer them to a Magistrate Judge?
Do you conduct hearings on pretrial motions to dismiss or to sever?
Do you take the plea or do you regularly refer plea hearings to a Magistrate Judge?
If you regularly refer plea hearings to a Magistrate Judge, what circumstances would permit the parties to have a plea hearing before you?
plea hearings are always before me
Do you have a regular plea deadline?
If NO, is a plea deadline set at pretrial conferences?
What is your policy concerning nolo contendere or Alford pleas?
Do you have any special procedures regarding plea agreements for individuals who are cooperating with the government, e.g., sealed plea agreements, etc.?
Generally, any plea agreement must be filed and open to the public
What is your policy as to plea agreements that involve sentencing recommendations?
Pretrial Procedure (Civil)
Do you issue a standard pretrial order?
Do you conduct preliminary pretrial hearings, e.g., pursuant to Fed.R.Civ.P. 16?
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?
Do you have any requirements, beyond those found in the Federal Rules and the Local Rules, as to ex parte temporary restraining orders?
As permitted by Rule 65(b) Federal Rules of Civil Procedure.
Do you hear preliminary injunction motions?
If YES, do you permit evidence to be introduced?
If NO, do you routinely refer preliminary injunctions for report and recommendation by a Magistrate Judge?
Should copies of published cases cited in motions and memoranda be forwarded to chambers?
Should copies of unpublished cases cited in motions and memoranda be forwarded to chambers?
If copies of cases are submitted, do you accept copies that have portions highlighted by counsel?
Do you regularly set aside time during a given week/month for hearings on motions?
Under what circumstances do you allow telephonic hearings?
Out of Town Attorneys
What is your practice concerning oral arguments on referred dispositive motions?
If requested, a hearing will usually be scheduled.
Will you entertain motions in limine prior to trial?
If YES, how far in advance should they be filed?
At calendar call
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?
Do you routinely refer discovery matters to a Magistrate Judge?
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?
What is your preference regarding the use of alternative dispute resolution methods such as arbitration or mediation?
Some form of ADR is required in most cases
Do you require counsel to submit a proposed order referring the case to mediation?
Do you have a procedure for counsel to request referral to a Magistrate Judge for settlement conferences?
Do you have any special procedures for the settlement of FLSA cases?
agreement must be approved and filed, open to public
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?
Do you grant specially set trial dates (dates certain)?
If YES, under what circumstances will you grant trial dates certain?
If NO, what is your policy regarding notice for trial during a trial docket (e.g., will you give at least 48 hours' notice)?
24 hours generally.
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?
It rarely happens, but reset by Order sometimes rolled to the next calendar.
Do you conduct pretrial conferences?
Do you conduct Daubert hearings prior to trial?
What, if any, procedural requirements do you have regarding the use of videotapes, trial graphics, depositions, and demonstrations?
Videotapes and depositions should be edited. If not agreed upon, objections should be filed by Calendar Call.
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?
Ten minutes per side.
If YES, when should such questions be submitted?
What are your peremptory challenge procedures?
Voir Dire whole panel; alternating strikes; outside the presence of the jury.
In multiple party cases, do you grant each party three peremptory challenges?
If NO, do you limit each side (i.e., plaintiff/defense) to a total of three peremptory challenges to be shared?
yes, unless there is a conflict.
Do you allow back striking during jury selection?
Do you impose any standard time limits on counsel's opening statements?
Can exhibits be used in opening statements?
Do you allow plaintiffs to make a rebuttal during opening statements?
Do you permit jurors to take notes?
Do you permit jurors to ask questions?
What, if any, procedures do you have concerning objections at trial?
No speaking objections; side-bar conferences should be avoided.
When do you require counsel to file proposed jury instructions?
One week before Calendar Call.
Should jury instructions also be submitted to chambers electronically?
When standard jury instructions are available, do you prefer that attorneys submit condensed versions of the standard instructions?
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?
One week before Calendar Call.
Should the proposed findings and conclusions also be submitted to chambers electronically?
Do you require sentencing memos from the parties?
If NO, may parties file a sentencing memo?
If counsel anticipates a contested or extensive sentencing hearing, should counsel notify the court?
If you are considering an upward departure under the United States Sentencing Guidelines, do you provide notice orally or in writing?
could be either
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?
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"?
be respectful of the juror's time