HONORABLE W. LOWELL BRAY, JR.

JUDICIAL PRACTICE PREFERENCES

PROBATE



I. Probate Proceedings

1. For courtroom trials, Judge Bray prefers that attorneys request permission to approach
the bench and to approach the witness.

2. Judge Bray indicated that he conducts voir dire examination by having attorneys question
an entire jury panel, not just the six jurors placed in the jury box.

3. Judge Bray indicated that he never permits the practice of serial voir dire in his
courtroom.

4. Judge Bray prefers to hear Motions in Limine before trial at a scheduled hearing.

5. Regarding pre-trial conference practice, Judge Bray will only pre-try a case involving
trial time set for periods exceeding one hour.

6. Judge Bray will sometimes enter an Order, sua sponte, declaring matters adversary.

7. With respect to venue, Judge Bray will always try cases in his chambers, unless a
courtroom is requested by counsel.

8. Judge Bray finds that all issues regarding attorney fees shall be left for subsequent
hearing.

9. Regarding experience with probate lawyers trying cases, Judge Bray feels that the
Probate Bar should sometimes associate experienced trial lawyers when trying cases.

10. (a) When marking evidence to be used at trial, Judge Bray prefers that all evidence be
marked with the clerk in advance of its intended use.

(b) When showing tangible evidence to the Court, Judge Bray prefers that the attorney,
after showing same to opposing counsel, then show the exhibit to the witness without
showing it to the Judge first.

11. When there are witnesses or parties involved in a will contest or other adversary action
from around the country, Judge Bray never allows testimony by telephone.

12. Judge Bray sometimes requires parties to attend mediation prior to trying disputes
involving probate matters.

II. Probate Administration

1. Regarding bonds for personal representatives, where the Will waives the requirement of
a bond, Judge Bray will waive the bond only if the beneficiaries waive and the PR
resides in Florida.

2. Regarding extensions of time to file necessary documents, Judge Bray does not routinely
extend the time on petition for good cause shown where numerous extensions have
been sought for the same item.

3 In light of Dimitroff v. Taylor, 20 Fla. L. Weekly D389 (2nd DCA Feb. 10, 1995),
Judge Bray feels that attorney representation is sometimes necessary in family
administration.


III. Guardianship


1. On the Petition for Appointment of Emergency Temporary Guardian, Judge Bray feels
that it should be brought to the Court only in a circumstance of life, death or substantial
waste of property.


Courtroom Demeanor Comments:

1. Judge Bray stated: "Only argue to the Court, NOT with opposing counsel."

2. When asked about other practice and procedure pointers (especially for the more specific
areas such as traffic, small claims, juvenile, etc.), Judge Bray referenced his comments
from the civil proceedings survey.