James Lawrence King
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:
James Lawrence King Federal Justice Building, 99 NE 4th St., Room 1127, Miami, FL 33132
#2, 11th Floor
Pretrial Procedure (Criminal)
Do you conduct preliminary pretrial conferences in criminal cases?
Do you conduct hearings on pretrial motions to dismiss or to sever?
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?
20 days after Answer filed.
Do you have any requirements, beyond those found in the Federal Rules and the Local Rules, as to ex parte temporary restraining orders?
I set them for immediate hearing.
Do you hear preliminary injunction motions?
Do you regularly set aside time during a given week/month for hearings on motions?
If YES, when is your normal hearing date/time?
They are specially set by Courtroom Deputy when oral argument is required by Court.
What is your practice concerning oral arguments on referred dispositive motions?
If it will be helpful if they are promptly scheduled.
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?
On two week calendars – not certain dates within 2 week calendar. This is done at calendar call.
If NO, what is your policy regarding notice for trial during a trial docket (e.g., will you give at least 48 hours' notice)?
Everyone knows where they are on 2 week calendars – (1-2-3-etc.) we Stay in Touch – Lawyers can call in.
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?
They are all reached on the 2 week calendar or day certain for long trials – There MUST be certainty in Trial Settings! "Tracking calendars" are an abomination!
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?
Generally parties agree – if not – I rule after listening to parties.
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 NO, can counsel submit proposed voir dire questions?
If YES, when should such questions be submitted?
When trial begins.
What are your peremptory challenge procedures?
10-6 criminal; 6 civil.
Do you impose any standard time limits on counsel's opening statements?
Can exhibits be used in 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?
Lawyers make them – I listen & rule.
When do you require counsel to file proposed jury instructions?
The day prior to the charge conference.
Do you require proposed findings of fact and conclusions of law to be filed in bench trials?