Elizabeth A Kovachevich
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:
U.S. Courthouse - 17th Floor 801 N. Florida Ave. Tampa, FL 33702
Assigned Courtroom:
17
Phone:
813-301-5730
Chambers Staff
Judicial Assistant/Secretary:
Chris Brook
Phone:
813-301-5730
Courtroom Deputy:
Cindy Leigh-Martin
Phone:
813-301-5737
Court Reporter:
Sandra K. Lee
Phone:
813-301-5699
Communication with Chambers
Do you permit contact with chambers regarding questions of procedure?
Yes
Do you permit contact with chambers regarding the status of pending matters?
Yes
Pretrial Procedure (Criminal)
Do you conduct preliminary pretrial conferences in criminal cases?
No
Do you conduct hearings on pretrial motions to dismiss or to sever?
No
What is your policy concerning nolo contendere or Alford pleas?
Take them.
What is your policy as to plea agreements that involve sentencing recommendations?
Take them under advisement.
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?
Yes where required but generally No. Case management issues and deadlines
Do you have any requirements, beyond those found in the Federal Rules and the Local Rules, as to ex parte temporary restraining orders?
File and then contact chambers to implement, as Court so determines.
Do you hear preliminary injunction motions?
Yes
If NO, do you routinely refer preliminary injunctions for report and recommendation by a Magistrate Judge?
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Should copies of unpublished cases cited in motions and memoranda be forwarded to chambers?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?
Yes
Do you regularly set aside time during a given week/month for hearings on motions?
No
Under what circumstances do you allow telephonic hearings?
Generally do not allow telephonic hearings.
What is your practice concerning oral arguments on referred dispositive motions?
Resolved on paper unless Court sets hearing for oral presentation.
Will you entertain motions in limine prior to trial?
Yes
If YES, how far in advance should they be filed?
If appropriate, but generally addressed at trial. To comply with pre-trial notice, or to comply with supplemental pre-trial notice.
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.)?
No
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?
No
Trial
If YES, under what circumstances will you grant trial dates certain?
Rarely. Availability of military witnesses, and length of trial.
If NO, what is your policy regarding notice for trial during a trial docket (e.g., will you give at least 48 hours' notice)?
Depends on day of week notice is given and whether counsel can be ready to go in less than 24 hours.
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?
Discussion with counsel or parties.
Do you conduct Daubert hearings prior to trial?
Yes
What, if any, procedural requirements do you have regarding the use of videotapes, trial graphics, depositions, and demonstrations?
May require supplemental pre-trial to resolve objections, including depositions, prior to trial.
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?
Pretrial.
Do you have any requirements for trial briefs?
Completeness.
Do you permit counsel to perform voir dire?
Yes
If YES, what guidelines or restrictions must counsel follow when conducting voir dire?
Follow Court's oral instructions to them.
If NO, can counsel submit proposed voir dire questions?
Yes
What are your peremptory challenge procedures?
Depends on case, whether criminal/civil and how many sides.
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?
No, decided on a case by case basis.
Do you allow back striking during jury selection?
Yes
Do you impose any standard time limits on counsel's opening statements?
Yes
If YES, what are the time limits?
Depends
Can exhibits be used in opening statements?
No
Do you permit jurors to take notes?
Yes
Do you permit jurors to ask questions?
No
If YES, under what constraints and restrictions?
Absolutely not.
What, if any, procedures do you have concerning objections at trial?
State rule and objection. If necessary, ask for sidebar.
When do you require counsel to file proposed jury instructions?
During beginning trial in criminal cases and at pretrial conference in civil cases.
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?
When appropriate in the given case.
General Advice
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"?
1. Be prepared. 2. Be considerate of opposing counsel, chambers staff, and, Court. 3. Be professional (Officers of the Court).
Revised: 06-12-2018