GUIDELINES
LOCAL RULES
PROPOSED ORDERS:
Proposed orders shall be submitted to the judge with a cover letter stating that opposing counsel agrees or objects to the proposed order or that opposing counsel was given the opportunity to object to the proposed order but did not. DO NOT ASK THE COURT TO HOLD ORDERS PENDING OBJECTIONS. Sufficient copies and stamped, addressed envelopes for distribution must be provided.
Proposed orders should contain NO BLANKS FOR THE JUDGE TO FILL IN OTHER THAN THE DATE. PROPOSED ORDERS CONTAINING BLANKS WILL BE RETURNED TO THE ATTORNEY UNSIGNED. The judge will change any language or amounts in the order that she does not find appropriate.
EMERGENCY HEARINGS:
Motions are to be submitted to the Court for determination of emergency status. (If the division judge is unavailable, the attorney should contact the Emergency/Duty judge.) After review, the court may allow an emergency hearing to be set or may seek a written response from the opposing party and rule on the matter without hearing.
MEMORANDA OF LAW:
A copy of any Memoranda of Law that an attorney wishes the court to consider regarding a hearing must be submitted directly to the judge’s office at least 3 days prior to the hearing.
SUBSTITUTION OF COUNSEL:
Rule of Judicial Administration 2.505(e)(2) requires that the client agree IN WRITING. Proposed orders approving stipulations for substitution of counsel without the written consent of the clients will be returned unsigned.
JURY PRE-TRIAL AND TRIAL PROCEDURES
Discovery Cut-off:
The discovery cut-off is either established in the Case Management Order or the Order Setting Pre-Trial Conference. In the event of a conflict in dates, the Case Management Order prevails.
Pre-Trial Conference:
Attorneys may not appear at the Pre-Trial Conference by telephone. Note that the Order Setting Pre-Trial Conference contains many requirements that attorneys must follow. In particular, note the following requirement set out in bold type in Paragraph 10 of the order:
Prior to the pre-trial conference, the attorneys and pro se parties are directed to confer and draft a joint set of proposed jury instructions and a proposed verdict form that shall be submitted to the court in writing and in CD or USB compatible flash drive format at least 3 days prior to the pre-trial conference. In the event that the attorneys or pro se parties are unable, after conferring, to agree on one or more of the instruction, each side shall prepare a separate proposed instruction(s) citing the authority for same. . .
OTHER THAN IN EXCEPTIONAL CIRCUMSTANCES, IF THIS REQUIREMENT HAS NOT BEEN COMPLIED WITH, THE TRIAL WILL BE CONTINUED! Note that this requirement specifies a JOINT set of instructions and not two separate sets.
At the pre-trial conference, the judge should be provided with a list of any pending motions in limine. The judge will then indicate how and when they will be addressed. Whenever the calendar allows, motions in limine will be heard at 1:30 on the Thursday before trial week. Short motions may be heard the morning of trial. Longer motions which have not been previously set for hearing may cause the case to be continued.
At the pre-trial conference, the judge may discuss the possible use of jury questionnaires as an aid in the jury selection process.
Trial:
The trial calendar is called in Courtroom B in the Clearwater Courthouse at 8:30 a.m. on Monday, the first day of the trial period. Attorneys and pro se parties must be present at that time. Prospective jurors are only available on Monday so all jury selection for every case during the trial period must take place at that time. The court may try multiple cases during the trial week or two weeks.
Voir Dire:
In many cases, it is helpful to utilize juror questionnaires. Discussion regarding this subject will have occurred at the Pre-trial Conference. If it has been agreed that a questionnaire will be used, the parties are responsible for bringing sufficient copies for distribution to the prospective jurors.
The attorneys will be provided with a seating chart containing the jurors names and numbers. The court will initiate voir dire questions and then counsel will follow with their inquiry.
Marking Evidence to be Used at Trial:
All evidence is to be marked by the clerk in advance of its intended use.
Courtroom demeanor:
Attorneys should request permission to approach the bench. It is not necessary to request permission to approach the clerk or the witness.
After showing an exhibit to opposing counsel, it may be shown to a witness without first showing it to the judge.
No speaking objections. All argument is to be directed to the court and not to opposing counsel.
Counsel may stand or remain seating when the jury enters and exits the courtroom.