HONORABLE JUDGE NELLY N. KHOUZAM

Practice Preferences

Circuit Civil

1) Deposition disputes:

Attempt an immediate telephone hearing, otherwise, certify question and set hearing.

2) Uniform Motion Calendar:

Contested or uncontested matters may be heard on the Uniform Motion Calendar so long as the hearing does not take a total of more than 5 minutes. Uniform Motion Calendar is established for Section 20 from 9:00 a.m. until 10:00 a.m. on Tuesdays and Thursdays during non-jury trial weeks, unless holidays, or similar circumstances prevent such hearings. It shall be the responsibility of the attorney setting any UMC hearing to ascertain that a UMC will be available before sending notice.

Counsel setting the hearing shall notice opposing counsel in accordance with the applicable rules of procedure. A copy of the notice of hearing (with the appropriate pleadings attached) shall be forwarded to the judge's judicial assistant, marked "Uniform Motion Calendar", at least five (5) business days before the hearing. Evidentiary matters and Contempt matters, except failure to attend deposition, will not be heard on the Uniform Motion Calendar. Failure of any party to appear at 9:00 a.m. shall not prevent a party from proceeding with the hearing when the case is called.

Hearings are held in the Judge's Chambers in Room 463.

3) Telephonic hearings:

A telephone hearing will be permitted on non-evidentiary matters, as per Rule of Judicial Administration 2.071. Hearing by telephone MUST be set forth in the notice of hearing. The party filing the notice shall be responsible for getting each participant on the line BEFORE calling the Judge.

4) Proposed orders:

All proposed orders shall be submitted to the judge with a cover letter stating that opposing counsel agrees or objects to the proposed order or that opposing counsel was given the opportunity to object to the proposed order, but did not. The attorneys may also bring a proposed order to the hearing.

5) Discovery cutoff:

Generally at pretrial, unless circumstances require an alternate period. May be handled on a case by case basis or by stipulation of the parties with Judge's approval.

6) Pretrial statements:

Utilize uniform pretrial statement form. Attorney attending pretrial will be the attorney who will attend the trial of the cause. No motions heard at pretrial conference without leave of Court.

7) Motions in Limine:

Short motions 5 minutes or less may be heard the morning of trial. Longer motions must be heard before trial at a scheduled hearing.

8) Mediation:

Mediation should be attempted in most cases. It is recommended prior to trial unless good cause is shown why mediation would not be appropriate. Trials will not be set until mediation is completed or waived by the Court.

9) Trial scheduling:

Approximately 15 trials are set each trial week. The court disposes of the oldest cases first. When filing your motion for jury or non-jury trial, please submit a courtesy copy of your motion to the judge's office. Your trial will be set in the next available trial term. All juries are selected on the first day of the trial week. The court may protect counsel until a given date if good/necessary cause is shown. The court may try 2 or 3 trials in one week

10) Voir dire:

Prefer attorneys inquire of the entire jury panel, seated in the gallery. A seating chart with jurors names will be provided. Judge Khouzam may initiate voir dire questions to be followed by counsel. After all questions, the attorneys will proceed with challenges. Generally 3 per party with total of plaintiff to match total of defense.

11) Emergency motions:

Motions are to be submitted to the Court for determination of emergency status. If granted, a hearing will be set. Opposing counsel/party is to be provided with Motion in same manner as the Court, unless reasons for no notice stated.

12) Trials:

Except in ruling on an objection, the court should not, in the presence of the jury, declare that a witness is qualified as an expert or to render an expert opinion, and counsel should not ask the court to do so. (Standard 17, Civil Trial Practice Standards of the Section of Litigation of the American Bar Association (1998)). A judicial ruling that a proffered expert is "qualified" prior to the time that counsel has posed a precise question eliciting expert testimony is premature and, unless an objection is interposed, unnecessary.

Courtroom Demeanor Comments: ADMINISTRATIVE ORDER NO. PA/PI-CIR-99-46: STANDARDS OF PROFESSIONAL COURTESY FOR THE SIXTH JUDICIAL CIRCUIT will be strictly enforced. Professionalism and courtesy is expected and always appreciated.

13) Frye hearings:

Schedule accordingly pursuant to case law and Rules of Civil Procedure

14) Procedural requirements for dealing with videotapes, trial graphics, depositions and demonstrative aids:

Should be marked and identified.

15) Marking evidence:

Exchanged evidence prior to trial. All evidence is to be pre-marked in advance of its intended use by counsel. The clerk will mark exhibits as they are received into evidence.

16) Showing tangible evidence:

After showing the exhibit to opposing counsel it may be shown to the witness without first showing it to the judge. If the Judge requests to see an exhibit, counsel may hand it over directly to the Court.

17) Memoranda, trial briefs, case law, proposed findings of fact and law, proposed jury instructions:

Proposed Jury Instructions to be provided to Court and opposing Counsel on the day of trial, unless otherwise directed by the Court. Memoranda, trial briefs are not required but if it will facilitate the trial, they are appreciated.

18) Attorney fees:

The issue of entitlement may be tried in the main action or at subsequent hearings. Issues regarding the amount of attorney fees shall be left for a subsequent hearing. Fee affidavits are sufficient in lieu of expert testimony if all parties agree to their use.

19) Courtroom demeanor comments:

ADMINISTRATIVE ORDER NO. PA/PI-CIR-99-46: STANDARDS OF PROFESSIONAL COURTESY FOR THE SIXTH JUDICIAL CIRCUIT will be strictly enforced. Professionalism and courtesy is expected and always appreciated.