The Florida Bar

Judicial Practice Survey

Kenneth A Marra

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:

Southern District of Florida

Location of Chambers:

701 Clematis Street, West Palm Beach

Assigned Courtroom:

Courtroom 4 (Rm 335)

Phone:

561-514-3760

Chambers Staff

Judicial Assistant/Secretary:

Leela Hubert

Phone:

561-514-3761

Courtroom Deputy:

Irene Rivera

Phone:

561-514-3765

Court Reporter:

Stephen Franklin

Phone:

561-514-3768

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?

No

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?

In an appropriate case, I will accept them.

What is your policy as to plea agreements that involve sentencing recommendations?

In an appropriate case, I will accept them.

Pretrial Procedure (Civil)

Do you conduct preliminary pretrial hearings, e.g., pursuant to Fed.R.Civ.P. 16?

No

Do you have any requirements, beyond those found in the Federal Rules and the Local Rules, as to ex parte temporary restraining orders?

Follow both Federal Rules of Civil Procedure and Local Rules.

Do you hear preliminary injunction motions?

Yes

If NO, do you routinely refer preliminary injunctions for report and recommendation by a Magistrate Judge?

No

Should copies of published cases cited in motions and memoranda be forwarded to chambers?

No

Should copies of unpublished cases cited in motions and memoranda be forwarded to chambers?

No

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?

For short non-evidentiary hearings, i.e., status conferences or approval of Fair Labor Standards Act settlements. Also, when out-of-state counsel are involved and it would be both inconvenient and non-economical for counsel to travel to the hearing.

What is your practice concerning oral arguments on referred dispositive motions?

If I believe oral argument will assist me in resolving the motion, I will schedule a hearing.

Will you entertain motions in limine prior to trial?

Yes

If YES, how far in advance should they be filed?

Follow the requirements of the order setting the matter for trial.

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

Trial

Do you grant specially set trial dates (dates certain)?

Yes

If YES, under what circumstances will you grant trial dates certain?

In a very lengthy case that requires much witness coordination.

If NO, what is your policy regarding notice for trial during a trial docket (e.g., will you give at least 48 hours' notice)?

As much notice as possible, but reasonable notice is given.

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?

Nothing specific.

If you require trial briefs, when are they due?

Order setting trial will specify if required.

Do you have any requirements for trial briefs?

Order setting trial will specify if required.

Do you permit counsel to perform voir dire?

Yes

If YES, what guidelines or restrictions must counsel follow when conducting voir dire?

No restrictions other than time, so long as questions are appropriate.

If NO, can counsel submit proposed voir dire questions?

Yes

If YES, when should such questions be submitted?

Order setting trial will specify. If not, the day trial begins.

What are your peremptory challenge procedures?

No back striking is permitted.

If NO, do you limit each side (i.e., plaintiff/defense) to a total of three peremptory challenges to be shared?

It depends on the relationship between the parties.

Do you allow back striking during jury selection?

No

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?

No speaking objections in front of the jury.

When do you require counsel to file proposed jury instructions?

Order setting trial will specify if required.

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?

Generally, before trial.

Revised: 07-30-2019