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Profile: Michael A. Genden
Michael A. Genden
Judge, 11th Judicial Circuit-Miami-Dade Circuit Court, 1983
Other Professional Experience:
Civil Trial Lawyer, Genden & Bach, 1970 to 1992
Previous Divisions: Criminal
Areas of Practice or professional experience before becoming a Judge:
Personal Injury Litigation
J.D., University of Miami, 1970
Bachelor of Arts, University of Miami, 1967
Admission to the Bar:
Florida State Bar, 1970
CASE MANAGEMENT CONFERENCES
Would you take an active role in coordinating discovery and other matters at a case management conference noticed pursuant to Fla. R. Civ. P. 1.200(a)? Yes, All cases
When a dispute arises during a deposition, is it appropriate to call Chambers to seek an immediate ruling? No Do you consider the filing of a motion for a protective order with regard to a deposition as an automatic stay of the subject deposition, thus relieving the attorney or the witness from the obligation to attend? If No, what additional steps do you require for the deposition to be stayed? No Does your opinion on this depend upon whether the deposition was "shortnoticed", i.e., noticed within an unreasonably short period of time before the deposition? No, If it is short noticed I will make myself available by phone. Do you allow emergency hearings for motions for protective orders where the time between the motion and the deposition is not sufficient for a non emergency hearing? Yes
Disposition of Motions Without Hearing
Are there any motions on which you would rule without the necessity of a hearing? Yes. Motions to Compel,Default, Default Final Judgments. All documents should be attached to the Motion.
Do you have any procedures or preferences regarding any subject, including motion practice, with which you expect attorneys to comply? ( E.g. submission of Orders with Motion; Motions must be filed within 5 days prior to setting hearing, expectation that courtesy copies of motions be submitted by email, etc.): YES, 5 to 10 working days. No motions to compel discovery without com-pleting FRCP 1.38(A)(2). No motion on motion calendar that the lawyers know will take more than five (5) minutes. Attorneys must advise the court immediately upon the settlement of a case or special set. Please indicate any attorney practices which you periodically observe and of which you disapprove (aka, "pet peeves")! Not canceling special set hearing when the matter is resolved
Is there anything else that you want attorneys or litigants to know before they appear before you? If Yes, please so describe: 1.If a special hearing is resolved, someone must advise as soon as possible so I can give that time to other cases. 2.Don't try to smuggle in special sets on Motion calendar. It is not fair to others.
Motion Practice: All Hearings
Do you prefer to receive memoranda in support of motions? Yes, do you prefer to receive them before or at the hearing? For special sets only. If before, how long before? Preferably a week or two before the hearing. If you receive a memorandum, do you expect to receive an opposing memorandum? Yes Do you prefer copies of significant cases? Yes If so, do you prefer they be highlighted? Yes How soon after the hearing should the order be submitted? As soon as possible. Do you expect the attorney submitting the proposed order to advise you in the cover letter if the opposing attorney agrees that the proposal reflects the ruling? Yes If there is disagreement, do you expect a counter-proposed order from the other attorney? Yes
Motion Practice: Motion Calendars
Length of Motion Calendar Hearings: 5 minutes each 1 hr Under what circumstances, can cases be added to a filled motion calendar? An emergency motion. What special procedures should be followed, if any? Emergency Motion needs to be faxed. Do you allow hearings by conference call? Yes Under what circumstances? Out of town attorneys on motion calendar only. Or emergency motions (when necessary) What procedure should be followed for telephone hearings?Call in from 9:25 to 9:30 a.m. Have information on the case available. And inform your receptionist the Judge himself will be calling so the attorney could be available. If you advise the parties that you will have a hearing by phone, or announce a ruling by phone, do you allow any attorney to appear in person in your chambers for the hearing? Yes If any or all parties appear by phone, do you allow a court reporter to be present in your chambers or courtroom? Yes If any or all parties appear by phone, do you allow a court reporter to be present in one of the party's offices? No What is the name and telephone number of the motion calendar clerk for your division? We do not have Motion Calendar Clerk. Open Calendar If a motion calendar hearing is cancelled,reset or resolved by counsel, should counsel advise your office? No, They advise the other side the hearing is canceled. Should courtesy copies of pleadings and motions be forwarded to Chambers? No, Only special set hearings What motions do you consider inappropriate for Motion Calendar? Anything over 5 minutes i.e. evidentiary hearings and long hearings.
MOTION PRACTICE: SPECIAL APPOINTMENTS
Which motions are routinely heard only at specially set hearings? Motions for Summary Judgment that the Defendant has an attorney, and will last more than 5 min., Dismiss, Protective Order, attorneys fees and costs, Motion to Stay, discovery motions, motion to amend toad a count for punitive damages. What is the procedure for allowing matters to be specially set? The attorney's assistant will call our office, we will give them a few dates and times. They should consult with the other side, and then call our office and tell us what time they decided. They need then to send us copies of the Notice of Hearing and Motion to be heard. Do you have a back up calendar for special appointment hearings to be set on short notice, i.e., if you have a cancellation? No It is at the Judge's discretion. If counsel seek to re-set a specially set hearing, is court notice and approval necessary? No, Unless it has been reset more than once.
POST TRIAL OR POST SETTLEMENT:
Do you review post trial motions to decide whether a hearing will be allowed? Yes If a case is settled, what procedure should be followed to advise your office? Phone notice as soon as possible. When do you schedule motions to approve a minor settlement?Motion calendar
TRIAL RELATED MATTERS
What is your daily/weekly trial schedule? Three weeks jury trial-One week special sets. Do you entertain motions in limine prior to trial? Yes How long prior to trial must motions in limine be filed? It depends on the nature of the motion. Complicated motions should be noticed early. When do you want counsel to submit jury instructions and verdict forms? At the close of Plaintiff's case. Is it helpful to have jury instructions submitted in electronic form? If yes, what form and/or software program do you prefer? No Do you allow individual exhibit books for jurors? Yes, Notepads only if agreed upon by all parties. What facilities do you have available in your courtroom or in the courthouse for use by attorneys at trial? Check all that apply: a.X-ray viewer Yes b Elmo c.Television Yes d.VCR Yes e.DVD player Yes f. Other What reasons in your view would justify granting a continuance? Long standing vacation plans, illness to party or lawyers, etc. What is your policy on granting a continuance? There are none. Every hearing is based on the facts of the request. And, what is your policy for either rolling the case over or removing it from the trial docket? No specific policy. Does the case need to be re-noticed or does it depend on the reason for the continuance? Sometimes I give a new date at Calendar Call. When a case on the trial calendar is not reached because of the court's schedule, what is your practice and procedure for rolling the case over? Do you generally try the oldest case first? Yes Do you specially set cases for trial? No m.Jury Selection: Describe the extent of the involvement by the Court as well as any special procedures you use: I ask about 10 preliminary questions. Are time limitations imposed on the parties? No Describe any special procedures that you observe for the exercise of challenges? I do cause challenges first, I then alternate going down the list between Plaintiff and Defendant. Are there any practices you have observed recurrently by attorney during voir dire of which you disapprove? No Opening statement/closing argument What rules do you apply when attorneys seek to use demonstrative aids during opening or closing argument? I have no set rules. If someone objects, I listen to the reason. While recognizing that each case is unique, do you impose time constraints for: Opening? No Closing? No, It is based on merits reasonable under the circumstances of the case If the type of case affects the amount of time allowed, please indicate the time routinely allowed for opening/closing in each of the following: Personal Injury Litigation: Opening - Closing 1. Auto accident? n/a 2. Products liability? n/a Opening - Closing 3. Medical malpractice? n/a 4. Premises liability? n/a Commercial litigation? n/a Other: n/a In non-jury cases, do you routinely impose time limits on opening or closing arguments? No Do you have any preferences or protocols regarding bench trials that you would like attorneys to know about? No Are there any standing orders, notices,or forms regarding scheduling, discovery, trial, or other matters that you regularly use or about which you would like to advise the members of the bar? If Yes, could you please provide a copy with your response to this questionnaire? Only those in the order setting trial.
Edward Gorman, Bailiff
Berta Cifuentes, Judicial Assistant
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