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Business of Law
Profile: Jonathan D. Gerber
Jonathan D. Gerber
District Court of Appeal - Fourth District
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 3. Do you have any standard limitations or procedures reguarding discovery matters not addressed by the Florida Rules of Civil Procedure? No
What suggenstions/advice do you have for litigants, counsel and or witnesses? Show dignity and respect for each other.
1. Do you allow hearings by conference call? Depends If so, what is the procedure? Contact Judicial Assistant for instructions. 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? Depends Is an order required? Yes Are there time restrictions? Depends If so, what are they? Non-evidentiary hearing limited to 30 minutes. 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? Never placed on non-jury docket. 5. What is the procedure for allowing matters to be set?Contact Judicial Assistant or send motion and request in writing. 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? At least one week. 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? Would prefer to have them. 8. What is the procedure for scheduling emergency motions?Contact JA or send request in writing. 9. What is the procedure for scheduling hearings on motions for temporary injunctions? Contact JA or send request in writing. 10.What is the procedure for scheduling hearings on motions for rehearing or new trials? Contact JA or send request in writing.
Trial Arguments -- Opening/Closing
1. What time constraints do you impose on: Opening Arguments Jury Trial Not allowed by law. Non-Jury Trial Not allowed by law. Closing Arguments Jury Trial Not allowed by law. Non-Jury Trial Not allowed by law. 2. Do you exercise your discretion to give final instructions to the jury before closing arguments? No.
1. Continuance of trials When should motions for continuance be heard? As soon as grounds arise. Which of the following factors are important to determining whether to continue a trial? a. Parties Stipulate? Depends b. Counsel's conflict with other trials Depends c. Unavailability of a party? Depends d. Unavailability of key expert witness? Depends e. Unavailability of key fact witness? Depends f. Incomplete discovery? Depends g. Discovery violation by party opposing continuance? Depends h. Vacations of counsel? Depends i. Others? 2. When a case on the calendar is not reached: What is the procedure to get back on calendar? Court reschedules for same calendar. If the case automatically carried over? No If so, is it to the next calendar or the next available calendar? No 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? As much as possible.. 4. Do you specially set cases for trial and if so, under what circumstances? Yes. Depends. 5. Do you generally try the oldest case first? Not necessarily 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? See clerk. 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? Availability of trial division judge.
Linda Harris, Judicial Assistant
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