Judge Profile

Kathleen Ireland

Judicial Experience:

  • Broward County Court

Part Rule:


  • Discovery

    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? Refusal to provide realistic dates for deposition & failure to respond period. 3. What improvement(s) would you like to see made in the discovery process? Attorneys to actually taylor the questions to the case. Do away with boiler plate forms

  • Motion Practice: Motion Calendars

    1. If there is a time limit, please state the time allowed: Per side 2 1/2 minutes Per case 5 minutes 2. How many cases are allowed before the motion calendar is filled: 45 3. Under what circumstances can cases be added to a filled motion calendar? Must have been filed & must have courtesy copy in Judges hand of Motion & Notice at least 5 days prior to hearing date 4. Do you allow hearings by conference call? yes Under what circumstances? Agreement of counsel no evidentiary & 2 persons only What procedure should be followed? written motion 5 What is the name and telephone number of the motion calendar clerk for your division? Have none, J/A does it all 954-831-7671 6. If hearings are cancelled by agreement of counsel, should your judicial assistant be notified? Not Allowed. Matter must be resolved. It will be removed from docket only with written notification of withdrawal settlement or illness 7. Which of the following motions are properly set on the motion calendar in your division? Motion to quash service yes Motion to consolidate yes Motion to dismiss complaint yes Motion to strike allegations yes Motion for judgment on the pleadings no Discovery-related motions: Motion for extension or shortening of time yes Motion to quash yes Motion for protective order yes Motion for leave to propound additional interrogatories yes Motion to compel overdue discovery yes Motion to compel compliance with Court order yes Motion for summary judgment no Motion for rehearing no Motion in limine no Motion for special trial setting no Motion to tax costs yes Motion for new trial no Other Anything that requires hearing and is really 5 minutes 8. When are your regular motion calendars? There are no regular. Various Tuesday 1:30 p.m. dates are supplied by JA

  • MOTION PRACTICE: SPECIAL APPOINTMENTS

    1. Which motions are routinely heard only at specially set hearings? Any that will require more than 5 minutes 2. What is the procedure for allowing matters to be specially set? 1 - File the Motion 2 - Determine realistic time 3 - Contact J/A 954-831-7671 3. What motions are not to be set except on motion calendars? Those that take less than 5 minutes 4. Do you prefer to receive memoranda in support of motions: With a courtesy copy of the notice of hearing? yes At the hearing? What good are they then After the hearing? What good are they then 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 How soon after the hearing should the order be submitted? At the hearing if possible Should the order be submitted directly to chambers or to the Clerk of the Court? Clerk of Court 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? A fax for the settlement pleading or a written statement with both attorney's signatures that documents are being prepared

  • TRIAL RELATED MATTERS

    1. When should motions for continuances be heard? At least 10 days prior to hearing 2. Which of the following factors do you consider important in determining whether to continue a trial? Counsel's conflict with other trials? I verify conflicts Unavailability of a party? Not much if there is a substitute Unavailability of key expert witness? Take a deposition Unavailability of key fact witness? Take a deposition Unavailability of counsel? Depends why Due to vacation Unless planned before with proof? (no) Other personal reasons? Unavoidable emergency (very) Incomplete discovery? Depends why Discovery violations by party opposing continuance? Will be weighted The case is not that old, more discovery is needed and there have not been any prior continuances? Not much I need a continuance, Judge, and this is the first time I've asked for one in this case? Not much Other? Favorite/classic They wouldn't give me deposition dates 3. When a case is on the trial calendar and is not reached: Is the case automatically carried over? yes To which calendar? next Does the case need to be renoticed? no - new notice is sent 4. Do you generally try the oldest cases first? yes 5. Do you specially set cases for trial? no 6. Do you routinely set pretrial conferences when no party requests one? yes 7. Do you require pre-trial stipulations? yes If joint stipulations are required, how many days before the trial are they to be filed? 30 Are unilateral stipulations acceptable? yes - unfortunately What information do you require in a pretrial stipulation?Outstanding motions, required discovery, stipulations, witness list & evidence specifics 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)? no opinion 9. What witnesses must be disclosed pursuant to your pre-trial order? Fact witnesses? yes Expert witnesses? yes Impeachment witnesses? no - unless known Rebuttal witnesses? no - unless known 10.What exhibits must be made available? Exhibits for use during case in chief? yes Impeachment exhibits? yes Rebuttal exhibits? yes 11 How long before trial must exhibits be displayed? Must a formal exhibit list be submitted? 30 days (yes) How long before trial? 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? Day of trial after consultations between attorneys with agreed & proposed so marked 13. Jury Selection: Describe the extent of involvement by the Court. Short voir dire Are time limitations imposed on the parties? Suggested if possible and with oversight Describe the method followed for the exercise of peremptory challenges(assuming no evidence of discrimination): 14.How long before trial must exhibits be displayed? Must a formal exhibit list be submitted? How long before trial? 15.Do you ordinarily impose time constraints on opening or closing arguments in jury trials? I only have small claims so 15 minutes is plenty If yes, how long for: Opening Closing (10) (15) (5) 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: P I P same (Personal Injury Protection) Auto accident? Products liability? Medical malpractice? Premises liability? Commercial litigation? 17.Do you ordinarily impose time constraints on opening or closing arguments in non-jury trials? Remember small claims only Opening? 5 minutes Closing? 5 minutes

Staff:

  • Janet Thompson, Judicial Assistant