Judge Profile

Timothy McCarthy

Judicial Experience:

  • 15th Judicial Circuit of Florida

Part Rule:


  • Attorney Openings and Closings

    1 How much time do you permit each attorney for making his or her Opening statements in a jury trial? Depends on the trial Opening statements in a nonjury trial? Depends on the trial Closing arguments in a jury trial? Depends on the trial Closing arguments in a nonjury trial? Depends on the trial 2 Do you read final instructions to the jury before closing arguments?

  • Civil

    What days of the week do you have UMC (Uniform Motion Calendar)? Mondays, Tuesdays Wednesdays and Thursdays What time does your UMC start and finish? 8:45am start / 9:30 am finish Is counsel permitted to call your judicial assistant to schedule a hearing? Yes Do you have any restrictions on the types of motions you will hear on UMC? (E.g. no motions for summary judgment) Yes, (1)No contested motion for summary judgment (2)No evidentiary hearings (3)Limit 5 minutes per side Do you have a signup sheet that counsel is required to sign? Yes If yes, is the signup sheet posted outside your courtroom? Yes Are motions heard in order of the signup sheet? No If not, what order are motions heard? First to pair up How much time is counsel permitted for argument? 5 minutes for reading and arguments Do you require a copy of the motion along with a copy of the notice of hearing to be furnished to you prior to the hearing? Yes If yes, how many business days prior to the hearing date? 4 days Should other materials such as relevant pleadings authority counsel relies upon a wishes for the Court to Consider in connection with motion also be furnished to you prior to the date of the hearing? Yes Can the hearing materials be sent via email to you? No To you judicial assistant No May counsel appear for hearings telephonically? Yes, Unless it is the moving party If yes what is the procedure for requesting the Court to permit a telephonic appearance? Agreement of all parties Is counsel/party appearing by phone required to provide opposing counsel/party the number at witch he or she may be called for the hearing? No, Counsel must call the court For calls outside of Palm Beach, Broward or Miami Dade does the Court require the number to be collect or a toll free call? No, Counsel must call the court Should the attorney/party appearing in person at the hearing provide the number to your courtroom deputy when signing in? No, Counsel must call the court If no, to whom should the number be provided and when? Are there any types of motions that counsel is not permitted to appear telephonically for (e.g. evidentiary motions)? Yes, Where ever testimony is offered. It must be live or by deposition Do you have any rules regarding the order that telephonic hearings are called? Yes, Only one at a time due to inferior equipment. 10 Do you have any special requirements for motions for default and final judgment matters set for hearing on UMC? Yes, have copies of all documents 11 Are there a number of business days prior to the hearing that the notice of hearing and motion for default or final judgment must be delivered to the clerk? No 12 Does the clerk deliver the file to you prior to the hearing on the hearing on a motion for default or final judgment? Sometimes 13 If a party fails to after being given notice of the hearing, appear for the hearing, will the hearing on the motion proceed? Sometimes 14 Should counsel bring with them proposed orders, a sufficient number of conforming copies and self addressed stamped envelopes? Yes 15 If a party cancels a hearing do you require the parties to notify you of the cancellation? No If yes, what procedure should be followed? 16 Is your UMC form posted on the website for the Circuit Court of the Seventeenth Judicial Circuit?

  • Discovery

    1. Do you require counsel to certify that a good faith effort has been made to resolve discovery disputes before motions are brought before you? yes 2. Do you consider motions to compel responses to written discovery where no response or objections whatsoever has been received or filed without the necessity of a hearing? Yes. Administrative Order 3.010-2/97 3. Do you have any standard limitations or procedures reguarding discovery matters not addressed by the Florida Rules of Civil Procedure? no

  • Miscellaneous Comments

    What suggenstions/advice do you have for litigants, counsel and or witnesses? Be on time and be prepared.

  • Motion Practice

    1. Do you allow hearings by conference call? Sometimes If so, what is the procedure? All documents must be provided to the Court in advance. 2. Do you have a standard order for scheduling and conducting specially set hearings? yes 3. Do you allow specially set hearings to be canceled by agreement of counsel? Sometimes. The matter must be mutually resolved or the attorneys must have a recognized conflict. Is an order required? yes 4. What is the maximum amount of time you allow for a specially set hearing without requiring the hearing to be placed on a non-jury docket? 30 minutes 5. What is the procedure for allowing matters to be set? The moving party must contact the judicial assistant for available times. The available times must be provided to opposing parties. The moving party then confirms the acceptable times with the judicial assistant. The moving party then provides a proposed form of order setting the hearing with appropriate pre-stamped and properly addressed envelopes. 6. Do you prefer to receive memoranda in support/opposition to motions in advance of a hearing or at the hearing? Yes How far in advance? For trial - prior to calendar call. For Special sets - five(5)business days prior to hearing. For UMC - two(2)business days prior to hearing. With a courtesy copy of the Notice/Order Setting Hearing? Yes 7. Do you have any preference regarding the presentation of proposed orders for specially set hearings? At the time of hearing. 8. What is the procedure for scheduling emergency motions?Administrative Order 5.003 - 9/92 9. What is the procedure for scheduling hearings on motions for temporary injunctions? The same as setting special set motions. 10.What is the procedure for scheduling hearings on motions for rehearing or new trials? The motion is to be submitted to the Court. The Court will determine if a hearing is scheduled.

  • Motions for Summary Judgment

    39 What is your procedure for hearing Motions of Summary Judgment? See Florida Rule Civil Procedure

  • Trial Arguments -- Opening/Closing

    1. What time constraints do you impose on: Opening Arguments Jury Trial None Non-Jury Trial Case-by-case, depending on the case and the amount of time requested. Closing Arguments Jury Trial None Non-Jury Trial Case-by-case, depending on the case and the amount of time requested.

  • TRIAL RELATED MATTERS

    1 Must counsel for all parties be present at calendar call? Yes 2 Do you permit counsel to telephonically appear for calendar call? No 3 Do you hear any motions at calendar call? No, never Continuance of trial 4 When should motions for continuance be heard? At a uniform Motion Calendar hearing 5 Which of the following factors are important to determining whether to continue a trial? Parties Stipulate? Sometimes Counsel's conflict with other trials If specialy set Unavailability of a party? Depends on why Unavailability of key expert witness? No Unavailability of key fact witness? No Incomplete discovery? Depends on case age Discovery violation by party? Depends on severity Opposing continuance? Yes Vacations Yes, If prepaid Prejudice to the non moving party? Yes Other? Yes, Varies 6. When a case on the calendar is not reached Is the case automatically carried over to the next trial calendar? Sometimes Are the pretrial deadlines automatically extended? Yes Must the cases be renoticed? No 7 How much notices you give to counsel to begin trial after docket has commenced? Cases are scheduled for trial at docket call 8 Do you specially set cases for final? Yes If so, under what circumstances? Depends on circumstances 9 Do you generally try the oldest case first? Sometimes 10 Do you use the uniform? Order Setting Trial? and pretrial instructions? Yes 11 When must counsel submit their pre-trial stipulations? Prior to calendar call 12 What witnesses must be disclosed pursuant to you Pretrial Orders? Fact witnesses? Yes Expert witnesses? Yes Impeachment witnesses? Yes Rebuttal witnesses? Yes 13 Do you have rules and procedures for marking evidence prior to trial? No But the Clerk does Do you utilize a written trial conflict form for docket call? Sometimes 14 Under what circumstances do you transfer over to the Trial Division? NA Equipment Use during Trial 15 Do you have rules regarding the use of special audio/visual equipment intended to be used during trial? Yes 16 Does your courtroom have any AV equipment for counsel to use? No, bring your own or contact the law library Jury Selection 17 What limitations are imposed on the parties? Usually none 18 How should peremptory challenges be exercised? I don't understand this question 20 How many jurors are in the box? 6 22 Do you permit the use of a jury questionnaire? Sometimes If yes, do you require counsel to submit their proposed juror questionnaires to you prior to trial? Yes, with copies to all parties 23 Do you instruct jurors to take notes? If yes do you impose any limitations? See the Florida Rules

  • Trial-Related Matters

    1. Continuance of trials When should motions for continuance be heard? At Uniform Motion Calendar. Which of the following factors are important to determining whether to continue a trial? a. Parties Stipulate? yes b. Counsel's conflict with other trials yes c. Unavailability of a party? yes d. Unavailability of key expert witness? no e. Unavailability of key fact witness? yes f. Incomplete discovery? yes g. Discovery violation by party opposing continuance? yes h. Vacations of counsel? yes i. Others? Appellate arguments, imi nent childbirth or medical emergency. 2. When a case on the calendar is not reached: What is the procedure to get back on calendar? It is specially set on the next available date. If the case automatically carried over? yes If so, is it to the next calendar or the next available calendar? yes Are pretrial deadlines automatically extended? no Does the case need to be renoticed? no 3. How much notice do you give to counsel to begin trial after docket has commenced? Trials are specially set as dockets call for dates certain. 4. Do you specially set cases for trial and if so, under what circumstances? Expedited trials or trials in excess of ten (10) days. 5. Do you generally try the oldest case first? yes 6.Do you use the uniform? Order Setting Trial? and pretrial instructions? yes 7. What witnesses must be disclosed pursuant to you Pretrial Orders? Impeachment? yes Rebuttal? yes 8. Do you have any special rules and procedures for marking evidence prior to trial? Those in the Uniform Pretrial Order. 9. Do you utilize a written trial conflict form for docket call? no 10. Under what circumstances do you transfer cases over to the Trial Division? Whenever the trial division is available to take a backup case.

Staff:

  • Judy Broderick, Judicial Assistant