I. Probate Proceedings
1. For courtroom trials, Judge Greer prefers that attorneys request permission
to approach
the bench and to approach the witness, however, he does not have a preference
regarding whether attorneys request permission to approach the clerk.
2. Judge Greer indicated that voir dire examination is not applicable in his
courtroom for
probate matters.
3. Judge Greer indicated that the practice of serial voir dire is not applicable
in his
courtroom for probate matters.
4. Judge Greer prefers to leave it to the attorneys to decide when Motions in
Limine are to
be heard.
5. Regarding pre-trial conference practice, Judge Greer (1) will sometimes pre-try
a case;
(2) does not only pre-try a case involving trial time set for periods
exceeding two hours;
and (3) does not pre-try a case only upon request of the attorneys.
6. Judge Greer does not routinely enter an Order, sui sponte, declaring matters
adversary,
he prefers to leave it to the attorneys.
7. With respect to venue, Judge Greer prefers to try cases in his chambers.
8. Judge Greer finds that the issue of entitlement to attorney fees shall be
tried in the main
action and that fee affidavits are sufficient in lieu of expert testimony providing
there
are no objections thereto.
9. Judge Greer has not experienced adequacy problems with Probate Lawyers trying
cases. However, he acknowledges that in regards to experience with probate lawyers
trying
cases, he does feel that the Probate Bar should sometimes associate experienced
trial
lawyers when trying cases.
10. (a) When marking evidence to be used at trial, Judge Greer prefers that
all evidence be
copied and exchanged five (5) days prior to trial. Judge Greer also prefers
that all
evidence be pre-marked by counsel and that the Judge mark the exhibits.
(b) When showing tangible evidence to the Court, Judge Greer 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 Greer allows testimony by telephone upon notice
to all
counsel and approval by the Judge prior to trial.
12. Judge Greer never 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 Greer will waive the bond only if there is a separate petition
to waive
bond explaining the reasons therefore and mechanism to insure integrity of performance,
however, Judge Greer noted that this seldom occurs, and in fact occurs about
less than
ten times in ten months.
2. Judge Greer always extends time on petition for extension to file necessary
documents
providing there is good cause shown.
3. In light of Dimitroff v. Taylor, 20 Fla. L. Weekly D389 (2nd DCA Feb.
10, 1995),
Judge Greer feels that attorney representation is sometimes necessary
in family
administration. Judge Greer further stated "Note: No personal representative
in family
administration. Odd decision."
III. Guardianship
1. On the Petition for Appointment of Emergency Temporary Guardian, Judge Greer
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 Greer stated: "Attorneys should stand when addressing the Court
or questioning
witnesses."
2. When asked about other practice and procedure pointers (especially for the
more specific
areas such as traffic, small claims, juvenile, etc.), Judge Greer stated that
the attorney
should "become familiar with (the) bond schedule and submit (the) requisite
bond with
(the) Petition." Judge Greer also attached a copy of the bond schedule,
which is
attached on the following page.