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Business of Law
Profile: David Krathen
17th Judicial Circuit-Broward County Circuit Court
1. Do you require counsel to certify that a good faith effort has been made to resolve the dispute? Yes 2. What discovery problem occurs most frequently? Lack of professional communication 3. What improvement(s) would you like to see made in the discovery process? Co-operation between counsel.
Motion Practice: Motion Calendars
1. If there is a time limit, please state the time allowed: Per side 5 minutes Per case Per motion calendar 45 minutes 2. How many cases are allowed before the motion calendar is filled: No limit 3. Under what circumstances can cases be added to a filled motion calendar? N/A What procedure should be followed? 4. Do you allow hearings by conference call? Yes Under what circumstances? Outside of Dade, Broward or Palm Beach County What procedure should be followed? File Motion 5. What is the name and telephone number of the motion calendar clerk for your division? N/A 6. If hearings are cancelled by agreement of counsel, should your judicial assistant be notified? Yes 7. Which of the following motions are properly set on the motion calendar in your division? Motion to quash service OK Motion to consolidate OK Motion to dismiss complaint OK Motion to strike allegations OK Motion for judgment on the pleadings No Discovery-related motions: Motion for extension or shortening of time OK Motion to quash OK Motion for protective order OK Motion for leave to propound additional interrogatories OK Motion to compel overdue discovery OK Motion to compel objected to discovery OK Motion to compel compliance with Court order OK Motion for summary judgment No (except Foreclosures) Motion for rehearing No - Must send in Motion for Court to determine whether a hearing will be given Motion in limine OK Motion for special trial setting OK Motion to tax costs OK Motion for new trial OK Other 8. When are your regular motion calendars? Mon.-Thurs 8:45 a.m. 9. When is your UCD calendar? N/A Motion Practice: Special appointments 1. Which motions are routinely heard only at specially set hearings? Motions for continuance No Motions in limine No Motions to limit experts No Motions related to enforcement of trial order Yes 2. What is the procedure for allowing matters to be specially set? Call the judicial assistant to set a hearing 3. What motions are not to be set except on motion calendars? All other motions to be heard by the division judge 4. Do you prefer to receive memoranda in support of motions: With a courtesy copy of the notice of hearing? yes At the hearing? 5 Days prior to hearing. After the hearing? 5. With respect to routine matters (i.e., such as motions relating to the legal sufficiency of pleadings and discovery motions): Do you routinely expect the order to be prepared by attorneys? Yes To be heard by division judge How soon after the hearing should the order be submitted? At the hearing or within 24 hours. Should the order be submitted directly to chambers or to the Clerk of the Court? Chambers - To be heard by division judge Do you expect the attorney drafting the order to read or provide the proposed order to other counsel before submitting the order? Yes
POST TRIAL OR POST SETTLEMENT:
1. Do you review post trial motions to decide whether a hearing will be allowed? yes 2 If a case is settled, what procedure should be followed to advise your office? Telephone immediately to the judicial assistant or leave message on machine Fill stipulation with court
TRIAL RELATED MATTERS
1. When should motions for continuances be heard? Immediately when cause to continue occurs. 2. Which of the following factors do you consider important in determining whether to continue a trial? Counsel's conflict with other trials yes Unavailability of a party yes Unavailability of (key) expert witness rarely Unavailability of (key) fact witness rarely Unavailability of counsel: yes Due to vacation yes Other personal reasons yes Incomplete discovery no Discovery violations by party opposing continuance no The case is not that old, more discovery is needed and there have not been any prior continuances? rarely I need a continuance, Judge, and this is the first time I've asked for one in this case.? no Other Favorite/classic 3. When a case is on the trial calendar and is not reached: Is the case automatically carried over? All cases are specially set To which calendar? Does the case need to be renoticed? no 4. Do you generally try the oldest cases first? no 5. Do you specially set cases for trial? Infrequently 6. Do you routinely set pretrial conferences when no party requests one? no 7. Do you require pre-trial stipulations? yes If joint stipulations are required, how many days before the trial are they to be filed? 15 Are unilateral stipulations acceptable? no What information do you require in a pretrial stipulation?see order 8. Would you prefer that counsel agree to permit the taking of expert witness depositions without counsel insisting on the technicalities of Rule 1.280(b)(3)? yes 9. What witnesses must be disclosed pursuant to your pre-trial order? Fact witnesses? yes Expert witnesses? yes Impeachment witnesses? yes Rebuttal witnesses? yes 10.What exhibits must be made available? Exhibits for use during case in chief? all Impeachment exhibits? all Rebuttal exhibits? all 11 How long before trial must exhibits be displayed? 15 days Must a formal exhibit list be submitted? yes How long before trial? 15 days 12. Written jury instructions: If the issues are covered by the Standard Jury Instructions, is it acceptable to submit just,the numbers of the requested instruction? no When should the instructions be submitted? With pretrial stipulation 15 days prior to trial 13. Jury Selection: Describe the extent of involvement by the Court. Minimal Are time limitations imposed on the parties? Not ordinarily Describe the method followed for the exercise of peremptory challenges (assuming no evidence of discrimination):Parties take their turn 14.How long before trial must exhibits be displayed? 15 days Must a formal exhibit list be submitted? yes How long before trial? 15 days 15.Do you ordinarily impose time constraints on opening or closing arguments in jury trials? Depends on case If yes, how long for: Opening? Closing? 16.If the time allowed, in jury trials depends on the type of case, please indicate the time routinely allowed for opening/closing in each of the following: Personal injury litigation: 30 - 45 minutes Auto accident? 30 - 45 minutes Products liability? 1 hour Medical malpractice? 1 hour Premises liability? 30 - 45 minutes Commercial litigation? As deemed necessary 17.Do you ordinarily impose time constraints on opening or closing arguments in non-jury trials? no Opening? Closing? 18.If the time allowed in non-jury trials depends on the type of case, please indicate the time ordinarily allowed for opening/closing in each of the following: N/A Personal injury litigation Auto accident? Products liability? Medical malpractice? Premises liability? Commercial litigation?
Gigi Rosende, Judicial Assistant
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