William Frederic Jung
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:
Middle District of Florida
Location of Chambers:
801 North Florida Avenue
Email address (only for proposed orders or jury instructions):
Cindy Bedell (Adminstrative Law Clerk)
Docket clerks are assigned according to judge and case number.
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?
Is there a designated court staff person to contact relating to the use of electronic media or other audiovisual needs?
Contact Shameeka Olden, Courtroom Deputy Clerk, for courtroom technology information.
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)?
Contact docket clerk in Clerk's office for assistance.
Do you have a preferred method governing the filing of sealed documents?
Follow Clerk's Office procedure.
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?
Email it to Chambers at [email protected]
Should proposed orders be submitted in a format which can be edited, or is a PDF version acceptable?
Please submit proposed orders to Chambers email in editable Word or Word Perfect Format.
Pretrial Procedure (Criminal)
If YES, what matters do you typically discuss during a preliminary pretrial conference?
At status conference (which is essentially a pretrial) the possibility of plea is discussed, pending motions, readiness for trial, and the length and complexity of case.
Do you conduct suppression hearings or do you refer them to a Magistrate Judge?
Do you take the plea or do you regularly refer plea hearings to a Magistrate Judge?
I conduct plea hearings
If you regularly refer plea hearings to a Magistrate Judge, what circumstances would permit the parties to have a plea hearing before you?
If there are time constraints or other unusual circumstances.
If YES, when is that deadline?
The Wednesday before the beginning of trial term.
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.?
None. Government will move to have sealed if necessary.
What is your policy as to plea agreements that involve sentencing recommendations?
Non-binding sentencing recommendations are fine.
Pretrial Procedure (Civil)
If YES, what matters do you typically discuss during preliminary pretrial hearings?
Only upon request.
Do you have any requirements, beyond those found in the Federal Rules and the Local Rules, as to ex parte temporary restraining orders?
Under what circumstances do you allow telephonic hearings?
If counsel requests to appear sufficient time in advance.
What is your practice concerning oral arguments on referred dispositive motions?
They are often set. The parties should note their request.
If YES, how far in advance should they be filed?
Normally 4 months.
Please call Magistrate Judge's Chambers if deposition issues arise.
What is your preference regarding the use of alternative dispute resolution methods such as arbitration or mediation?
Almost all civil cases are referred to mediation prior to trial.
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?
See Lynn's Food Stores, Inc. v. United States, 679 F.2d 1350 (11th Cir. 1982).
If YES, under what circumstances will you grant trial dates certain?
On a limited basis, if both parties are out-of-state or many witnesses are out-of-state.
If NO, what is your policy regarding notice for trial during a trial docket (e.g., will you give at least 48 hours' notice)?
Normally several days' notice, at a minimum, is provided.
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?
Moved to next month.
What, if any, procedural requirements do you have regarding the use of videotapes, trial graphics, depositions, and demonstrations?
Contact Courtroom Deputy for instructions.
If YES, what guidelines or restrictions must counsel follow when conducting voir dire?
Counsel should not argue their case, instruct the venire on the law, or be repetitive.
What are your peremptory challenge procedures?
Backstriking is permitted.
If NO, do you limit each side (i.e., plaintiff/defense) to a total of three peremptory challenges to be shared?
If YES, what are the time limits?
I establish time limits after discussion with counsel.
What, if any, procedures do you have concerning objections at trial?
Stand and state legal basis only for objection.
When do you require counsel to file proposed jury instructions?
One week before pretrial conference.
When standard jury instructions are available, do you prefer that attorneys submit condensed versions of the standard instructions?
If YES, when do you require the proposed findings of fact and conclusions of law to be filed?
It depends as to whether proposed findings of fact and conclusions of law should be filed in bench trials.
Send to Chambers email address.
If YES, what is the deadline for filing a sentencing memo?
Sentencing memos are not required, but all good lawyers do.
If counsel anticipates a contested or extensive sentencing hearing, should counsel notify the court?
Yes, and contact should be made with Courtroom Deputy Clerk. Thirty minutes is normally the amount of time allotted for the hearing.
If you are considering an upward departure under the United States Sentencing Guidelines, do you provide notice orally or in writing?
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?
I personally conduct hearing.
Do you have any other practice pointers, advice, observations, or suggestions for members of the Bar appearing before you?
The most effective lawyers are "nice people who are prepared."