The Florida Bar

Judicial Practice Survey

Gordon Miles Davis

Magistrate 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:

Northern District of Florida

Location of Chambers:

1 North Palafax St. Pensacola, FL 32502

Assigned Courtroom:

3 North

Phone:

850-470-8145

Chambers Staff

Judicial Assistant/Secretary:

Elizabeth Cooley

Courtroom Deputy:

Joanne Ahr

Phone:

850-435-8440

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 Detention/Pretrial Procedure (Criminal)

At bond hearings, do you permit the government to proceed by proffer or do you require a government agent to be present to testify?

Proffer is permitted but discouraged.

If a proffer is permitted, can the defendant’s counsel call the government case agent and cross-examine him/her?

Yes

What is your policy concerning nolo contendere or Alford pleas?

Not permitted.

Pretrial Procedure (Civil)

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

No

Do you hear preliminary injunction motions?

No

Should copies of published 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?

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?

Allowed.

Will you entertain motions in limine prior to trial?

Yes

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

With pre-trial submission.

Discovery

Do you receive referrals on discovery matters from a District 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?

Yes

Settlement

What is your preference regarding the use of alternative dispute resolution methods such as arbitration or mediation?

Encouraged.

Trial

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

Yes

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

All trials are scheduled for a date certain absent exceptional circumstances.

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?

Trial date will be coordinated with counsel.

Do you conduct pretrial conferences?

No

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?

The court has only a VCR and TV. Any other demonstrative aids are the responsibility of counsel.

Do you require trial briefs in jury trials?

Yes

Do you require trial briefs in bench trials?

No

If you require trial briefs, when are they due?

See attached.

Do you have any requirements for trial briefs?

See attached standard pre-trial order.

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?

See attached.

What are your peremptory challenge procedures?

See attached.

In multiple party cases, do you grant each party three peremptory challenges?

Yes

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

No

Do you permit jurors to take notes?

Yes

Do you permit jurors to ask questions?

No

When do you require counsel to file proposed jury instructions?

See attached.

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?

No

Attachments

Order for Pretrial Conference and Setting Trial (1).pdf

Revised: 06-24-2013