Federal Court Manual Questionnaires: an invaluable source of information for litigators in federal court.

• Author: Gewirtz, Jerry M.

Litigators in federal court frequently have questions concerning the practices and procedures of the federal judges assigned to their cases. For example, federal practitioners often seek information regarding a wide range of issues relative to judicial practices and procedures including the following:

1) The court's policy concerning communications with the judge's staff, including whether it is appropriate to telephone chambers regarding questions of procedure on pending matters and whether it is appropriate to telephone chambers regarding the status of pending matters;

2) The court's civil pretrial procedures, including the matters typically discussed at preliminary pretrial hearings and conferences, the motion practice of the court, the ability of counsel to call the court concerning disputes arising during depositions, and the policy/practice of the court regarding the use of alternative dispute resolution devices;

3) The court's criminal pretrial procedures, including the matters typically discussed at preliminary pretrial conferences in criminal cases;

4) The court's policy concerning nolo contendere or Alford pleas and the court's policy concerning plea arrangements that involve sentencing recommendations; and

5) The court's trial procedures including voir dire, opening statements, use of experts, filing of trial briefs, scheduling of trial dates, procedures for use of demonstrative aids, procedures for objections, and jury procedures, including the ability of jurors to take notes and ask questions either orally or in writing.

Although federal practitioners are well advised to review the federal rules, local rules, case law, and any discovery practice manuals that may exist in their district, (1) these sources of information do not completely address each of the practices and procedures of the individual federal judges. Indeed, Fed. R. Civ. P. 83(b) expressly recognizes that "A judge may regulate practice in any manner consistent with federal law, rules adopted under 28 U.S.C. [subsections] 2072 and 2075, and local rules of the district." Accordingly, because the judicial practices and procedures may vary from one judge to another judge even within the same district, it is particularly important that litigators become familiar with the individual practices and procedures of the judge before whom they are appearing in federal court.

In an effort to address the judicial practices and procedures of the federal judges in the State of Florida, the Federal Court Practice Committee of The Florida Bar annually publishes the Federal Court Manual Questionnaires, which contains completed judicial questionnaires from most of the federal judges in the Middle, Southern, and Northern districts of Florida. These completed questionnaires include a wealth of information and describe the individual practices and procedures of the federal judges responding to the judicial questionnaires. (3) The Federal Court Manual Questionnaires also allows the judges the opportunity to make any additional observations and recommendations which may be of assistance to counsel who appear before the judges in federal court. Finally, the Federal Court Manual Questionnaires also affords the judges the opportunity to furnish biographical information as well as model case management and scheduling orders.

The Federal Court Manual...