Jose E Martinez
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:
United States District Court
Email address (only for proposed orders or jury instructions):
Diane Quinn, Judicial Administrator
Communication with Chambers
Do you permit contact with chambers regarding questions of procedure?
Do you permit contact with chambers regarding the status of pending matters?
May counsel contact chambers to speak with your law clerks(s) on procedural matters?
May counsel contact chambers to speak with your law clerks(s) on the status of pending matters?
In addition to Local Rules or CM/ECF procedures applicable in the District:
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?
I prefer to receive proposed orders by email.
Should proposed orders be submitted in a format which can be edited, or is a PDF version acceptable?
I prefer Word format for proposed orders.
Pretrial Procedure (Criminal)
Do you conduct preliminary pretrial conferences in criminal cases?
Do you conduct suppression hearings or do you refer them to a Magistrate Judge?
These motions are usually referred to a Magistrate Judge but on occasion I will conduct the hearing.
Do you conduct hearings on pretrial motions to dismiss or to sever?
Do you take the plea or do you regularly refer plea hearings to a Magistrate Judge?
In most cases, I take the plea.
What is your policy concerning nolo contendere or Alford pleas?
There is no strict policy, but a defendant must generally acknowledge guilt completely.
What is your policy as to plea agreements that involve sentencing recommendations?
That they are only recommendations and not binding on the Court.
Pretrial Procedure (Civil)
Do you conduct preliminary pretrial hearings, e.g., pursuant to Fed.R.Civ.P. 16?
Do you have any requirements, beyond those found in the Federal Rules of Civil Procedure and the Local Rules, as to motions for extension of time or motions for continuance?
Other than as required by Local Rules, do you prefer that the moving parties submit proposed orders along with non-dispositive motions?
Do you have any requirements, beyond those found in the Federal Rules and the Local Rules, as to ex parte temporary restraining orders?
Do you hear preliminary injunction motions?
If NO, do you routinely refer preliminary injunctions for report and recommendation by a Magistrate Judge?
Should copies of published cases cited in motions and memoranda be forwarded to chambers?
If copies of cases are submitted, do you accept copies that have portions highlighted by counsel?
Do you regularly set aside time during a given week/month for hearings on motions?
If YES, when is your normal hearing date/time?
Hearings are set on a case by case basis.
Under what circumstances do you allow telephonic hearings?
Telephonic hearings are permitted if previously approved by Judge and coordinated with Chambers staff.
What is your practice concerning oral arguments on referred dispositive motions?
Normally, oral arguments are not held.
Will you entertain motions in limine prior to trial?
If YES, how far in advance should they be filed?
The deadline is set according to the applicable pretrial order.
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.)?
Do you routinely refer discovery matters to a Magistrate Judge?
What is your preference regarding the use of alternative dispute resolution methods such as arbitration or mediation?
The pretrial order sets forth requirements regarding mediation.
Do you have any special procedures for the settlement of FLSA cases?
Counsel must submit a copy of the settlement agreement for review; however, they may provide it in camera.
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?
Do you grant specially set trial dates (dates certain)?
If YES, under what circumstances will you grant trial dates certain?
Only in unusual cases.
If NO, what is your policy regarding notice for trial during a trial docket (e.g., will you give at least 48 hours' notice)?
The parties will be on stand-by for a call at anytime; however, generally at least half a day's notice will be given (e.g., call at 9:00 a.m. to start at 1:30 p.m.). If possible, more notice is given.
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?
Motions for electronic equipment shall be submitted in a timely fashion. Electronic equipment shall not obstruct the Jury's view of the witness or criminal defendant. Deposition designations shall be done according to the Court's trial-setting order.
Do you require trial briefs in jury trials?
Do you require trial briefs in bench trials?
If you require trial briefs, when are they due?
Do you have any requirements for trial briefs?
Do you permit counsel to perform voir dire?
If YES, what guidelines or restrictions must counsel follow when conducting voir dire?
Voir Dire is permitted in some cases. When voir dire is permitted, generally only very limited questioning is allowed.
If YES, when should such questions be submitted?
The deadline is set by the scheduling order.
What are your peremptory challenge procedures?
Counsel will be given ground rules.
In multiple party cases, do you grant each party three peremptory challenges?
If NO, do you limit each side (i.e., plaintiff/defense) to a total of three peremptory challenges to be shared?
Yes, with some exceptions.
Do you allow back striking during jury selection?
Do you impose any standard time limits on counsel's opening statements?
If YES, what are the time limits?
Varies by case; however, counsel shall adhere to the limits imposed.
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?
No speaking objections. If possible, only one word, rule name, or number should be used.
When do you require counsel to file proposed jury instructions?
According to the deadline set by the scheduling order.
Should jury instructions also be submitted to chambers electronically?
When standard jury instructions are available, do you prefer that attorneys submit condensed versions of the standard instructions?
Do you require proposed findings of fact and conclusions of law to be filed in bench trials?
If YES, when do you require the proposed findings of fact and conclusions of law to be filed?
The deadline is set by the scheduling order.
If counsel anticipates a contested or extensive sentencing hearing, should counsel notify the court?
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"?
Coming to court without a copy of the rules of procedure and evidence. Using witness testimony as discovery. Failure to comply with local rules or rules of procedure. Failure to use microphones. Counsel who fail to listen to Judge's cues. Motions for continuances that are filed after the deadline has passed. "Emergency" motions that are caused by counsel's failures. Notices of Unavailability. Failure to obtain permission to leave the area of the lectern. Failure to adhere to time limits. Lack of preparation.