Douglas Nelson Frazier
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:
Middle District of Florida
Location of Chambers:
U.S. Courthouse and Federal Building, 2110 First Street, Fifth Floor, Fort Myers, FL 33901
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 clerk(s) on procedural matters?
Pretrial Detention/Pretrial Procedure (Criminal)
If a proffer is permitted, can the defendant’s counsel call the government case agent and cross-examine him/her?
If a proffer is permitted, do you prefer that defense counsel present the family of the defendant as witnesses by proffer instead of calling individual witnesses?
Do you conduct preliminary pretrial conferences in criminal cases?
Pretrial Procedure (Civil)
Do you conduct preliminary pretrial hearings, e.g., pursuant to Fed.R.Civ.P. 16?
If YES, what matters do you typically discuss during preliminary pretrial hearings?
When requested in the Case Management Report.
Other than as required by Local Rules, do you prefer that the moving parties submit proposed orders along with non-dispositive motions?
Do you hear preliminary injunction motions?
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?
Under what circumstances do you allow telephonic hearings?
When requested by the parties.
What is your practice concerning oral arguments on referred dispositive motions?
Will you entertain motions in limine prior to trial?
Do you receive referrals on discovery matters from a District Judge?
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.)?
If YES, what types of cases and what are the deadlines or procedures?
ERISA, FLSA, IDEA
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?
What is your preference regarding the use of alternative dispute resolution methods such as arbitration or mediation?
Court ordered mediation is required in most cases. Upon request, the Court will set a settlement conference.
Do you grant specially set trial dates (dates certain)?
Do you conduct pretrial conferences?
Do you conduct Daubert hearings prior to trial?
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?
See the Scheduling Order.
Do you permit counsel to perform voir dire?
If YES, what guidelines or restrictions must counsel follow when conducting voir dire?
It depends on the type of case.
If NO, can counsel submit proposed voir dire questions?
Do you impose any standard time limits on counsel's opening statements?
When do you require counsel to file proposed jury instructions?
See the Scheduling Order.
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?
Should the proposed findings and conclusions also be submitted to chambers electronically?