Jose A Gonzalez Jr.
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 Boulevard, 205D Ft. Lauderdale, FL 33301
Pretrial Procedure (Criminal)
If YES, what matters do you typically discuss during a preliminary pretrial conference?
Admissibility of evidence, number of witnesses, unusual issues of law.
Do you conduct hearings on pretrial motions to dismiss or to sever?
What is your policy concerning nolo contendere or Alford pleas?
What is your policy as to plea agreements that involve sentencing recommendations?
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?
Trial dates, discovery deadlines, deadlines for filing 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?
Applications are considered individually and hearing – ex parte or otherwise – may be scheduled.
Do you hear preliminary injunction motions?
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 argument of dispositive motions occurs only if it appears necessary upon reading the submitted briefs.
Do you routinely refer discovery matters to a Magistrate Judge?
Do you grant specially set trial dates (dates certain)?
If YES, under what circumstances will you grant trial dates certain?
Cases involving a large number of out-of-town witnesses or a large number of attorneys.
If NO, what is your policy regarding notice for trial during a trial docket (e.g., will you give at least 48 hours' notice)?
Counsel is notified the day before trial.
Do you conduct Daubert hearings prior to trial?
Do you require trial briefs in bench trials?
If you require trial briefs, when are they due?
At the beginning of trial.
Do you have any requirements for trial briefs?
Brief outline of legal theory upon which party proceeds.
Do you permit counsel to perform voir dire?
If YES, what guidelines or restrictions must counsel follow when conducting voir dire?
Counsel is limited to fifteen or twenty minutes total.
If NO, can counsel submit proposed voir dire questions?
If YES, when should such questions be submitted?
On the day of trial.
What are your peremptory challenge procedures?
All preemptory challenges must be stated from the well of the court.
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?
Adjustments are made on a case by case basis
Do you impose any standard time limits on counsel's opening statements?
Can exhibits be used in opening statements?
What, if any, procedures do you have concerning objections at trial?
Objections must be made and considered prior to the beginning of trial.
When do you require counsel to file proposed jury instructions?
At the beginning of the trial.
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?
At the beginning of the trial.