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Business of Law
Profile: Pedro Echarte, Jr.
Pedro Echarte, Jr.
Judge, 11th Judicial Circuit-Miami-Dade Circuit Court, 1998
Other Professional Experience:
Solo Practioner, Pedro P. Echarte, Jr., P.A.
Associate, Simon, Schindler & Sandberg, P.A.
Dean's List, Book Award Previous Division - Criminal, Juvenile
And divisions in which you has served and the length of time you served in each
Juvenile Division, 6 months, Criminal Division, 6 ½ years, Family Division, 1 year and General Jurisdiction Division 2 ½ years.
Areas of Practice or professional experience before becoming a Judge:
Criminal and Civil litigation.
J.D., Honors - Cum Laude, University of Miami, 1979
Bachelor of Science, Florida State University, 1975
Admission to the Bar:
Florida State Bar, 1979
Professional Civic Activities/Honors/Awards:
Assistant Public Defender
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, Whenever it would assist the attorneys
a. When a dispute arises during a deposition, is it appropriate to call Chambers to seek an immediate ruling?Yes b. 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, a hearing on the motions needs to be scheduled and heard. c. 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? Yes d. 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
a. Are there any motions on which you would rule without the necessity of a hearing? Yes,which motions? Motions for rehearing and/or reconsideration
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: Courtesy copies of motions should be submitted sufficiently ahead of the hearing to give the court an opportunity to review it.
Is there anything else that you want attorneys or litigants to know before they appear before you? No (Just follow everything indicated above!!)
Motion Practice: All Hearings
a. Do you prefer to receive memoranda in support of motions? Yes, and I prefer to receive them before the hearing. If before, how long before? At least one working day before the hearing. If you receive a memorandum, do you expect to receive an opposing memorandum? I find it helpful, but, don't necessarily expect it. b. Do you prefer copies of significant cases? If so, do you prefer they be highlighted? I prefer to be provided with copies of significant cases and that they be highlighted. A copy must be provided to opposing counsel and highlighted in the same way. c. How soon after the hearing should the order be submitted?For the most part, I prefer for lawyers to bring proposed orders to the hearings. d. 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
a. Days / times: Motion Calendar- Mon. & Wed. 8:30 A.M., Foreclosure Calendar - Tue. & Thu. 8:00 A.M., Special Set Hearings- Tue., Thu. and Fri. 8:30 A.M. b. Length of Motion Calendar Hearings: These matters are scheduled for five minutes. If a motion will take substantially longer, it will be moved to the end of the calendar, time permitting. c. Under what circumstances, can cases be added to a filled motion calendar? Whenever there is any urgency that the matter be heard promptly. d. What special procedure should be followed, if any? e. Do you allow hearings by conference call? 1. Under what circumstances? Always, no special circumstances are necessary. 2. What procedure should be followed for telephone hearings? Attorney(s) needs to arrange it with the Judicial Assistant. 3. 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 4. If any or all parties appear by phone, do you allow a court reporter to be present in your chambers or courtroom? Yes 5. If any or all parties appear by phone, do you allow a court reporter to be present in one of the party's offices? Yes f. What is the name and telephone number of the motion calendar clerk for your division? Name Mr. Gary Joseph Telephone No. 305-349-7415 g. If a motion calendar hearing is cancelled,reset or resolved by counsel, should counsel advise your office? Yes h. Should courtesy copies of pleading and motions be forwarded to Chambers? Yes i. What motions do you consider inappropriate for Motion Calendar? Motions which require evidentiary hearings.
MOTION PRACTICE: SPECIAL APPOINTMENTS
a. Which motions are routinely heard only at specially set hearings? Motions which require evidentiary hearings. b. What is the procedure for allowing matters to be specially set? Contact the Judicial Assistant to have the matter scheduled, there is no other procedure involved. c. Do you have a back up calendar for special appointment hearings to be set on short notice, i.e., if you have a cancellation? If a matter requires a prompt hearing, the attorney(s) can appear at motion calendar and request the court to schedule it. d. If counsel seek to re-set a specially set hearing, is court notice and approval necessary? No, however, it is discourteous to do it at the last moment.
POST TRIAL OR POST SETTLEMENT:
a. Do you review post trial motions to decide whether a hearing will be allowed? b. If a case is settled, what procedure should be followed to advise your office? Notify office as soon as possible. c. When do you schedule motions to approve a minor settlement? Motion calendar
TRIAL RELATED MATTERS
a. What is your daily/weekly trial schedule? Every week is a trial week. b. Do you entertain motions in limine prior to trial? Yes c. How long prior to trial must motions in limine be filed?The opponent must be given sufficient opportunity to oppose the motion. d. When do you want counsel to submit jury instructions and verdict forms? Immediately upon reporting to court for trial. e. Is it helpful to have jury instructions submitted in electronic form? If yes, what form and/or software program do you prefer? Yes, in Word format. f. Do you allow individual exhibit books for jurors? . Yes g. 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 h.What reasons in your view would justify granting a continuance? The reasons are innumerable. i. What is your policy on granting a continuance? There is no policy, perse. Each motion is considered on its own merits. And, what is your policy for either rolling the case over or removing it from the trial docket?: There is no policy, perse. Each motion is considered on its own merits. Does the case need to be re-noticed or does it depend on the reason for the continuance? Depends on the reason for the continuance and wishes of the attorneys. j. 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? k. Do you generally try the oldest case first? Yes l. Do you specially set cases for trial? No m. Jury Selection: 1. Describe the extent of the involvement by the Court as well as any special procedures you use: There is minimal involvement by the Court. 2. Are time limitations imposed on the parties? If Yes, how long? No 3. Describe any special procedures that you observe for the exercise of challenges? 4. Are there any practices you have observed recurrently by attorney during voir dire of which you disapprove? If Yes, which ones? n. Opening statement/closing arguments 1.What rules do you apply when attorneys seek to use demonstrative aids during opening or closing argument? This is generally allowed. 2.While recognizing that each case is unique, do you impose time constraints for: a. Opening? No b. Closing? No o. In non-jury cases, do you routinely impose time limits on opening or closing arguments? If Yes, what are the limits? No. p. Do you have any preferences or protocols regarding bench trials that you would like attorneys to know about? If Yes, what are they? q.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?
Foreclosure Day & Time
Tues. & Thurs. 8:00AM
Motions Day & Time
Tues. & Thurs. 8:00AM
Jairo Borrell, Bailiff
Lizbeth Bernal, Judicial Assistant
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