The Florida Bar

Judicial Practice Survey

Kevin Michael Moore

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:

Wilkie D. Ferguson, Jr. United States Courthouse 13-1, 400 N. Miami Avenue Miami, FL 33128-1812

Assigned Courtroom:

13-1

Phone:

(305) 523-5160

Chambers Staff

Judicial Assistant/Secretary:

Vacant

Phone:

(305) 523-5160

Courtroom Deputy:

Robin Godwin

Phone:

(305) 523-5165

Court Reporter:

Vacant

Communication with Chambers

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?

Yes

If YES, what matters do you typically discuss during a preliminary pretrial conference?

Readiness for trial, pending motions, position on trial calendar.

Do you conduct hearings on pretrial motions to dismiss or to sever?

Yes

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

Doesn't always follow the recommendation.

Pretrial Procedure (Civil)

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

No

Other than as required by Local Rules, do you prefer that the moving parties submit proposed orders along with non-dispositive motions?

Yes

Do you hear preliminary injunction motions?

Yes

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Should copies of unpublished cases cited in motions and memoranda be forwarded to chambers?

Yes

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?

No circumstances.

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

Only when the Court deems necessary.

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

At least 5 days prior to the scheduled pretrial conference

Discovery

If YES, what types of cases and what are the deadlines or procedures?

Yes - FLSA. Plaintiffs are required to file a statement of claim.

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?

Varying.

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

48 hours

Do you conduct Daubert hearings prior to trial?

No

What, if any, procedural requirements do you have regarding the use of videotapes, trial graphics, depositions, and demonstrations?

Allowed.

Do you require trial briefs in jury trials?

No

Do you require trial briefs in bench trials?

No

Do you permit counsel to perform voir dire?

No

If NO, can counsel submit proposed voir dire questions?

Yes

If YES, when should such questions be submitted?

With pretrial stipulation.

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?

Yes.

Do you impose any standard time limits on counsel's opening statements?

Yes

If YES, what are the time limits?

Varies

Can exhibits be used in opening statements?

Yes

Do you permit jurors to take notes?

Yes

Do you permit jurors to ask questions?

Yes

What, if any, procedures do you have concerning objections at trial?

Stand and object.

When do you require counsel to file proposed jury instructions?

Three days prior to scheduled trial date.

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?

Three days prior to scheduled trial date.

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"?

Late lawyers.

Attachments

Kevin Michael Moore orders.pdf

Revised: 07-30-2019