The Honorable Gregory A. Presnell
|Case & Trial Management Preferences|
|Case & Trial Management Forms|
Born 1942; appointed in 2000 by President Clinton
College of William and Mary, B.A. (economics), 1964; University of Florida, J.D., with high honors, 1966
Akerman, Senterfitt & Eidson, PA, Orlando, Florida, 1967 to August 2000
e County Bar Association, 1975; President, Florida Legal Services, 1977-79; Fellow, American College of Trial Lawyers; Florida Bar Foundation (Board of Directors), 1984-88; Florida Bar Board of Governors, 1989-93; Chair, Business Litigation Certification Committee
Honors and Awards
Order of the Coif; The Florida Bar, President's Award of Merit, 1992; Orange County Bar Association Bill Trickle Professionalism Award, 1996; Gary Formet Award of Judicial Excellence, 2007.
Judicial Committees and Activities
Chairman, Ninth Circuit Judicial Nominating Commission, 1982-83
TRIAL MANAGEMENT PREFERENCES
Attorneys are encouraged to be familiar with the Codes of Pretrial and Trial Conduct promulgated by the American College of Trial Lawyers and to conduct themselves accordingly. The Codes can be found on the American College of Trial Lawyers website under Publications, All Publications. - Code of Pretrial and Trial Conduct 2009
The Court will conduct the jury voir dire, giving due consideration to questions proposed by the parties. The Court may permit counsel for each party to briefly supplement the Court's voir dire examination.
Ten (10) days prior to trial or as otherwise stated at the final pretrial conference, the parties will exchange a list of those witnesses whom they will definitely call at trial (the "A" list), and a list of those witnesses they may call at trial (the "B" list). By the conclusion of the proceedings each day, the party presenting its case shall advise the opposing party and the Court of those witnesses whom it intends to call the following day.
Ten (10) days prior to trial or as otherwise stated at the final pretrial conference, the parties shall exchange a list of those exhibits they definitely intend to introduce in evidence at trial (the "A" list), and a list of those exhibits they may seek to introduce at trial (the "B" list). Benchbooks containing the "A" exhibits shall be supplied to the Court (these are the original exhibits which include the appropriate colored exhibit tags stapled to the upper right hand corner of the first page - tags can be found at the bottom of this web-page), for the Judge and Witness Box at the outset of the trial, together with an index and matrix reflecting any objections thereto. The bench and witness sets do not require the exhibits tags however counsel shall use number tabs to tab out the exhibits for quick reference. All exhibits on the "A" list of the presenting party which are not objected to shall be introduced and admitted at the outset of that party's case. All exhibits shall be numbered consecutively, preferably with the "A" list exhibits being numbered first. Any demonstrative exhibits which either party plan to use at trial shall be shown to opposing counsel no later than 72 hours prior to trial.
Five (5) days prior to trial, the parties shall file with the Court color-coded copies of deposition transcripts, reflecting, in different highlighted colors, the deposition excerpts designated by each party to be read at trial, with objections noted in the margin. Unresolved objections to videotape depositions shall be submitted to the Court ten (10) days prior to trial.
The Court will normally be in session from 8:30 a.m. until 4:30 p.m. each day with one hour and fifteen minutes for lunch. However, this schedule may change as circumstances require.
Counsel, parties and witnesses appearing in Court shall dress appropriately.
CASE MANAGEMENT PREFERENCES
Notice of Unavailability of Counsel
The rules of this Court do not provide for filing a Notice of Unavailability as a method to avoid abiding by deadlines and schedules established by the Court or to extend the time for responding to motions. Counsel may notify opposing counsel of his or her unavailability and request that his or her schedule be accommodated. With respect to deadlines for filing documents with the Court, attending hearings, or otherwise, counsel must file a motion for an enlargement of time or a continuance of a hearing or deposition date, as appropriate. It is impractical for the Court to be required to search the docket of each case for notices of unavailability before setting hearings and response deadlines. Accordingly, counsel may not rely upon the filing of the notice as a basis to excuse his or her appearance before the Court as required or to comply with a deadline established by the Court or governing rules of procedures.
Criminal motions to continue trial shall be filed contemporaneously with a Waiver of Speedy Trial.
The Court will NOT consider, absent extraordinary circumstances, motions or memoranda that are not filed at least 3 business days before sentencing hearing.
The parties are not excused from the status conference unless both the plea agreement and actual change of plea hearing have been completed PRIOR to the status conference date.
Case Management and Scheduling Orders
The standard form for case management reports is to be used by the parties is located here, and is provided under Case and Trial Management Forms below. The court will provide hard copies to pro se parties.
Ordinarily, the Court will enter a scheduling order within 7 days of the filing of the Case Management Report. A preliminary pre-trial conference will not be held unless requested by the parties or deemed necessary by the Court. Preliminary pre-trial conferences are normally conducted by the Magistrate Judge assigned to the case.
Schedule permitting, Judge Presnell normally conducts a final pre-trial conference in each civil case approximately three weeks prior to trial. Motions in limine will be heard at that time. Pre-trial conferences are usually scheduled at 8:30 a.m. or 4:30 p.m., so as not to interfere with his trial schedule.
Motions For Summary Judgment
The parties are directed to provide chambers with a courtesy paper copy of all exhibits in support of their papers. The Court prefers transcripts in 4-page miniscript format.
Bankruptcy Appeal Procedure
Although Bankruptcy Rule 8010(c) permits an appellant’s brief and reply of 50 and 25 pages, respectively, this allowance is subject to a contrary “local rule” or other order of the District Court. Rule 3.01(c) of the Local Rules of this Court provides that “Absent prior permission of the Court, no party shall file any brief or legal memorandum in excess of 20 pages in length.” Thus, bankruptcy practitioners are advised that in order to have a reasonable and uniform practice, in harmony with the bankruptcy rule as well a the Local Rule, the following page limits will apply in bankruptcy appeals assigned to Judge Presnell: appellant’s initial brief – 30 pages; appellee’s answer brief – 30 pages; appellant’s reply brief – 10 pages.
The standard form for case management reports is to be used by the parties is located here and can be found below under, "Case & Trial Management Forms."
When filing motions and responses with the Clerk, it is not necessary to provide the Judge’s staff with separate “courtesy” copies; however, if exhibits exceed 50 pages, a courtesy paper copy is required at the time of filing. Paper copies of exhibits to Motions for Summary Judgment and responses thereto are always required to be provided, regardless of the number of pages. All copies may be mailed.
Mediation is required in substantially all civil cases, and should be completed 4-6 months prior to the scheduled trial date. The parties can stipulate to a mediator in their case management report. If they fail to do so, the Court will appoint a mediator. The parties will have 14 days from the date of the Case Management & Scheduling Ordr within which to object to any Court-appointed mediator and present a STIPULATED alternate mediator.
A separate order will be issued upon motion for use of cell phones and laptop computers or any other special equipment deemed necessary by the parties. This motion can be filed or made orally at the final pre-trial conference.
WITNESS ROOMS: There are 2 witness rooms located at the front of the courtroom.
The new courtroom is equipped with the following technology:
VCR, DVD/CD player, Overhead document display, screens at each counsel table, witness box, Judge’s bench, court reporter, law clerk box and for the jury box, telephone conference through sound system, interpreter/hearing impaired equipment, ability to connect parties laptops to system to do PowerPoint, display pictures, play depositions through laptops, etc. (court will provide the cable however an order is required to bring in a laptop to the courthouse annex), easel, adjustable podium, witness rooms.
Counsel who will be using the equipment are encouraged to make an appointment with the Courtroom Deputy Lisa Maurey (schedule permitting) prior to their trial/hearing to see how the technology works and bring their laptops to make sure they are compatible with the system.
There is an attorney lounge located on the East side of the Courthouse Annex on the 4th floor. There is also a snack room/vending area located in the breezeway between the new Courthouse Annex and the Federal Courthouse. Absolutely no food is permitted in the courtroom or witness rooms. The parties may bring bottled water into the courtroom.
CLOSING CASES: Counsel shall be advised that the Court will close civil cases for statistical purposes after the entry of a final judgment following a jury verdict, court decision, or stipulation of the parties. This will not effect the disposition of post-trial motions, or the assessment of fees and costs as appropriate.
Fair Labor Standards Act cases
The court will no longer require the parties to file a case management report. The court will issue a scheduling order after the defendant appears in the case.
CM/ECF (Case management Electronic Case Filing)
All attorneys appearing before the court must sign up and use the system. The Court will issue an Order to Comply giving all counsel 30 days in which complete classes or take tutorials and use the system. If counsel fail to comply the court will issue a show cause order. The Court will remove any counsel not complying from the service list and prohibit any paper pleadings being filed by them.
Case Management Report
Interested Persons Order
Notice of Pendency of Related Cases
|Court tags - use white paper||Adobe|
|Defendant tags - use yellow paper||Adobe|
|Government tags - use blue paper||Adobe|
|Joint tags - use green paper||Adobe|
|Plaintiff tags - use blue paper||Adobe|