Marcia Morales Howard
District 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:
Middle District of Florida
Location of Chambers:
Jacksonville
Assigned Courtroom:
10B
Phone:
(904) 301-6750
Chambers Staff
Judicial Assistant/Secretary:
Jodi Wiles
Phone:
(904) 301-6750
Courtroom Deputy:
Jodi Wiles
Phone:
(904) 301-6750
Court Reporter:
L. Marie Splane
Phone:
(904) 549-1310
Communication with Chambers
Do you permit contact with chambers regarding questions of procedure?
No
Do you permit contact with chambers regarding the status of pending matters?
No
Pretrial Procedure (Criminal)
Do you conduct preliminary pretrial conferences in criminal cases?
Yes
If YES, what matters do you typically discuss during a preliminary pretrial conference?
Whether the case is ready for trial, anticipated length of trial, courtroom technology and expected evidentiary issues.
Do you conduct hearings on pretrial motions to dismiss or to sever?
Yes
Pretrial Procedure (Civil)
Do you conduct preliminary pretrial hearings, e.g., pursuant to Fed.R.Civ.P. 16?
Yes
If YES, what matters do you typically discuss during preliminary pretrial hearings?
Preliminary Pretrial Conferences are conducted in all Track 3 cases. Any requests for Preliminary Pretrial Conferences in other cases, may be referred to the United States Magistrate Judge to handle.
Other than as required by Local Rules, do you prefer that the moving parties submit proposed orders along with non-dispositive motions?
No
Do you hear preliminary injunction motions?
Yes
Should copies of published cases cited in motions and memoranda be forwarded to chambers?
Yes
Should copies of unpublished cases cited in motions and memoranda be forwarded to chambers?
Yes
If copies of cases are submitted, do you accept copies that have portions highlighted by counsel?
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?
As the Court deems appropriate.
What is your practice concerning oral arguments on referred dispositive motions?
If the Court deems oral argument is necessary, a hearing will be set.
Will you entertain motions in limine prior to trial?
Yes
If YES, how far in advance should they be filed?
Two weeks prior to the Final Pretrial Conference.
Discovery
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.)?
Yes
If YES, what types of cases and what are the deadlines or procedures?
ERISA and FLSA
Do you routinely refer discovery matters to a Magistrate Judge?
Yes
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
Trial
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?
Automatic
Do you grant specially set trial dates (dates certain)?
Yes
If YES, under what circumstances will you grant trial dates certain?
If, in the Court's discretion, it is both necessary and appropriate. Ordinarily, trials will remain on the rolling trial calendar.
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 are expected to be ready to proceed on 48 hours notice.
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?
If a trial is not reached in a given month, it will roll to the next month.
Do you conduct Daubert hearings prior to trial?
Yes
Do you require trial briefs in jury trials?
Yes
Do you require trial briefs in bench trials?
Yes
If you require trial briefs, when are they due?
Two weeks before the Final Pretrial Conference.
Do you have any requirements for trial briefs?
Citations of authority and arguments specifically addressing all significant disputed issues of law likely to arise at trial.
Do you permit counsel to perform voir dire?
No
If NO, can counsel submit proposed voir dire questions?
Yes
If YES, when should such questions be submitted?
Three weeks before the Final Pretrial Conference.
What are your peremptory challenge procedures?
Civil cases - 3 per side; Criminal cases - 10 for Defendant and 6 for the Government.
In multiple party cases, do you grant each party three peremptory challenges?
No
If NO, do you limit each side (i.e., plaintiff/defense) to a total of three peremptory challenges to be shared?
Ordinarily, yes, however, under appropriate circumstances this general rule may not be followed.
Do you allow back striking during jury selection?
Yes
Do you impose any standard time limits on counsel's opening statements?
No
Can exhibits be used in opening statements?
Yes
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?
State the basis of the objection only unless further argument is requested by the Court.
When do you require counsel to file proposed jury instructions?
Three weeks before the Final Pretrial Conference.
When standard jury instructions are available, do you prefer that attorneys submit condensed versions of the standard instructions?
No
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?
Two weeks before the Final Pretrial Conference.
Revised: 10-30-2018