FRO} Milton Hirsch TO: attorneys RE motion practice DATE: Jan. 4, 2011 InGeneral Attorneys may not calendar motions. Motions should be delivered to my law clerkijudicial assistant Ms. Kawass. (Leave it to her to determine whether delivery may be by Sa fax, U.S. mail, hand delivery, or ll ofthese means.) I will review each moran and determine what should be done, e.g., enter a ruling, order opposing counsel to respond, set the Kite for hearing, ec, In the event that I determine that a motion isto be set hearing, Ms. Kavwass will contact the attorneys to set mutually-convenient date snd time, Evidentiary hearings will be set on Fridays; non-evidentiry hearings will be set Monday through Thursday. And I have so little Tespect for you, Judge, that I'm treating you as my law clerk. Here, take ‘hese cases read them, and figure out how, ifat all, they apply to my motion.” Exceptions Yes, there are exceptions to the foregoing procedures: {Once trial has begun attomeys can of course make ore remus motions based upon ‘matters arising during the trial, 2. Other than during trial, ore enus motions will be justified only on a genuine emergency basis, 3. Mere “housekeeping” motions can be made ore femus and without a supporting comorandum. For example, a motion fora continuance on a first tial setting, or a motion to Compel a better address for a witness, need not be reduced to Writing and requires no supporting perezandum. (But the latter is a bad example; the need fora bettes adores should be resolved between the lawyers without the requirement of judicial imenmentin, atall.)4. Motions stipulated to by all parties can be made ore fenus and without legal support. Motions in Limine There is a widespread misimpression in the REG-MIB that the law governing motions in general does not apply to motions in limine. Nothing could be further from the truth, ‘The procedures set forth hereinabove apply in full measure to motions in limine. Motions in limine submitted on the morning of trial will be denied as untimely. Consistent with the procedures set forth supra, motions in limine must be received in my chambers three business days before an adjudication is needed, viz., Wednesday before a Monday trial. (I would prefer, but will not Tequire, that motions in ‘imine and all other motions directed to issues likely to arise at trial be filed at sounding, which will occur on the Friday ten days before the Monday trial.) An additional word about motions in limine: Motions in limine are made out of the presence of the jury to address the admissibility of evidence in circumstances in which mere reference to the evidence in the presence of the jury would be so prejudicial that an after-the-fact objection, even if sustained, would not purge the prejudice. Thus for a judge to grant a motion in imine le must find: (1) thatthe evidence, question, or statement sought to be excluded by the motion is, at least provisionally, inadmissible; (2) that the mere offer or mention of the inadmissible material would be so prejudicial that its rejection by the court, coupled with an acmonitory instruction, would not remedy the prejudice; and (3) that there is sufficient likelihood thatthe inadmissible material will be offered to justify an order determining its inadmissibility in advance of the fact ~ something that judges re properly reluctant to do, because an issue of admissibility is almost always dependent on context and can rarely be determined in a factual vacuum. An order in imine isin some sense equitable in nature: It commands that something shall or (more commonly, but not exclusively) shall nt be done. Its, however, a maxim of equity Jurisprudence that equity will not enjoin that which the law already prohibits. ‘Too often motions in limine ask the court to do just that ~to order opposing counsel to refrain from doing something that the Florida Rules of Criminal Procedure, the Florida Evidence Code, or the substantive law, already prohibit. Such motions in limine will be denied, [appreciate your sedulous attention tothe foregoing. I ask that assistant state attorneys and assistant public defenders share this memo with their colleagues and supervisors