HONORABLE PHILIP J. FEDERICO

JUDICIAL SURVEY SUMMARY

CIRCUIT CIVIL

FAMILY LAW PROCEEDINGS


1)DEPOSITION DISPUTES:
- Immediate telephone hearing with the judge.

2)UNIFORM MOTION CALENDAR:
- Will not consider a regular Uniform Motion Calendar. Currently Judge Federico has at least one hour each day for any emergency hearings.

3)TELEPHONIC HEARINGS:
- Are permitted. Must be set forth in the notice of hearing.
- Attorney may attend in person.
- Evidentiary matters will not be considered.

4)PROPOSED ORDERS:
- Must be pre-approved by opposing counsel before forwarding to the court and must so state in the cover letter.

5)DISCOVERY CUT-OFF:
- At pre-trial unless there are very unusual circumstances.

6)PRETRIAL STATEMENTS:
- Use the new standard form adopted by Family Law Section.

7)MOTIONS IN LIMINE:
- To be heard on the morning of trial.

8)SCHEDULING OF TEMPORARY MATTERS - Custody, Support, Alimony and Attorney fees:
- May be scheduled before the judge.

9) TIME BEFORE TEMPORARY MATTER MAY BE SCHEDULE:
- Non-emergency hearing within three to four weeks.
- Emergency hearings within the same week.

10) PRE-TRIAL CONFERENCES:
- Required for trials exceeding two hours.

11)EMERGENCY HEARINGS:
- If the judge is unavailable, the attorney should go to the Emergency/Duty judge regardless of whether or not the duty judge is assigned to the Family Law Section.
- Notify opposing counsel once the name of the judge is known.
- Testimony by the client, in addition to the affidavit filed is required.

12)TRIAL:
- Trials set for more than one day will be held on consecutive days.

13) ATTORNEY FEES:
- All issues regarding attorney fees shall be left for subsequent hearings.

14)TESTIMONY OF CHILDREN:
- Is permitted depending on circumstances of the case.

15)ALTERNATIVE DISPUTE RESOLUTION vs. TRIAL:
- Mediation prior to pre-trial conference.

16)COURTROOM DEMEANOR COMMENTS:
- Request permission to approach the bench.
- Permission to approach the witness is required.

17)EVIDENCE:
- All evidence is to be pre-marked by counsel, and the judge will mark exhibits as received into evidence.
- After showing the exhibit to opposing counsel it may be shown to the witness without first showing it to the judge.

18) MEDIATION:
- Recommended prior to trial unless good cause is shown why mediation would not be appropriate.

19) COURTROOM DEMEANOR:
- Never address opposing counsel or opposing party directly. Always address statements or comments to the court.
- Professionalism and courtesy toward opposing party and litigants is always appreciated.

20) PRACTICE AND PROCEDURE:
- No comment.