HONORABLE BRUCE BOYER
Judicial Practice Preferences
Circuit Civil Section 07
315 Court Street, Room 410
Clearwater, FL   33756
Telephone: (727)464-3263

 

IF YOU DO NOT HAVE A LAWYER:

The Judicial Assistant can NOT answer your legal questions.   If you need a legal question answered, or need to talk to a lawyer, both the Clearwater Bar Association and the St. Petersburg Bar Association have a lawyer referral service so people can talk to a lawyer who can answer their legal questions.   After the lawyer answers your legal questions, you do not have to hire the lawyer if you do not want to.
Clearwater Bar Association:                  (727) 461-4880
St. Petersburg Bar Association:            (727) 821-5450

1.         COURT REPORTER:

2.         DEPOSITION DISPUTES:

  • Either immediate telephone hearing OR schedule a hearing to resolve the disputes.

3.         UNIFORM MOTION CALENDAR:

  • Contact Judicial Assistant for dates and times.
  • A courtesy copy of the hearing notice should be forwarded to the Judicial Assistant before the hearing.
  • Contested or uncontested matters are heard.
  • The hearing should NOT last longer than 5 minutes.
  • All routine motions to compel, motions for default, and motions for consolidation should be placed on the Uniform Motion Calendar.
  • Evidence is normally NOT permitted.
  • If appearing in person, the setting attorney shall obtain the Court file from the Clerk’s office and bring to the hearing.
  • The Judicial Assistant secures the Court files for telephonic hearings.

4.         TELEPHONIC HEARINGS:

  • Are allowed and encouraged.
  • MUST be set forth in the hearing notice.
  • An attorney and client may appear in person, if they prefer.
  • The party filing the notice shall be responsible for getting each participant on the line BEFORE calling the Judge.

5.         PROPOSED ORDERS:

  • MUST be pre-approved by opposing counsel BEFORE forwarding to the Court AND so stated in the cover letter.
  • Sufficient copies and stamped, addressed envelopes should be provided.

6.         MOTIONS:

  • Motions should be filed with the Clerk of the Court and opposing counsel before scheduling for a hearing.

7.         DISCOVERY CUT-OFF:

  • At pretrial OR by stipulation of the parties.
  • No motions heard at pretrial conference without permission of the Court.
  • Attorney attending pretrial will be an attorney who will attend the trial of the cause.

8.         PRETRIAL STATEMENTS:

  • Utilize pretrial statement form.

9.         MOTIONS IN LIMINE:

  • To be scheduled as a separate hearing unless Court agrees to do at pretrial or at trial.

10.       TRIAL SCHEDULING:       

  • Will NOT protect counsel until given date.
  • Allow multiple trials during trial week(s).
  • The Court will honor stipulations to continue trial date(s).
  • Unresolved conflicts regarding scheduled trial date(s) must be set for hearing.
  • All voir dires are conducted on the first day of the trial week(s) as prospective jurors are only brought in on the first day of the trial week(s).
  • If a scheduled trial settles, attorneys for both sides are responsible for contacting the Court regarding the settlement.

11.       VOIR DIRE FORMAT:

  • Entire panel is seated in the gallery when questioned.
  • Court will initiate voir dire questions to be followed by counsel’s questions.
  • Backstriking by attorneys is allowed.

12.       PEREMPTORY CHALLENGES:

  • Generally three (3) per party with total of plaintiff to match total of defense.

13.       RESPONSE FROM COUNSEL WHEN BAILIFF BRINGS JURY IN OR TAKES JURY OUT:

  • No Preference.

 14.       COURTROOM TRIALS (Jury and Non-Jury) – REQUEST PERMISSION FOR THE FOLLOWING:

  • To approach the Bench.
  • To approach the witness.

15.       ATTORNEY FEES AND COSTS (Jury and Non-Jury Trials):

  • The Court usually reserves on the issues of both entitlement and of amount.

16.       MARKING EVIDENCE TO BE USED AT TRIAL (Jury and Non-Jury):

  • Prefer that ALL evidence be copied and exchanged 10 days prior to trial, unless the attorneys stipulate otherwise.
  • ALL evidence should be marked with the clerk before opening statements.   If no clerk is present, the attorneys should premark their own evidence.

  17.       SHOWING TANGIBLE EVIDENCE TO THE COURT OR WITNESS (Jury and Non-Jury Trials):

  • Show the evidence to opposing counsel before showing the evidence to the Court or to the witness.

18.       MEDIATION (JURY TRIAL):

  • ALWAYS required before pretrial unless the Court agrees otherwise.
  • NO jury trial will be set until mediation is completed.
  • The case must mediate within one year of trial.

19.       NON-JURY TRIALS:

  • Non-jury trials of four (4) hours or longer require a pretrial conference.
  • NO non-jury trials of four (4) hours or longer will be set until mediation is completed.
  • The case must mediate within one year of non-jury trial.

20.       COURTROOM DEMEANOR COMMENTS:

  • Stand when speaking unless the Court allows otherwise.
  • Do not address opposing counsel by their first name or nickname.
  • Do not engage in arguments or disputes with opposing counsel.

           

21.       OTHER PRACTICE AND PROCEDURE POINTERS:

  • Motions for emergencies, rehearings, reconsiderations and new trials will not be set for hearing.   Please submit a “copy” of the motion to the Judge’s office for entry of an order.   If the Judge feels a hearing is required, the Judicial Assistant will contact the attorney’s office to schedule the hearing.
  • It is the Court’s preference to allow the jury to take notes during a trial.
  • The Court attempts to honor all stipulations of the attorneys, including stipulations to continue a jury trial.