Judge Scola has already conducted an "evidentiary hearing on paper,

Scola has already made determinations based on the factual and credibility findings
of an Oklahoma court that "were not persuaded by the testimony of Dr. Waisel"
and who "determined that his concerns about the efficacy of pentobarbital were
unfounded." Moreover, Judge Scola has already determined, based on evidence
presented in Oklahoma, that Dr. Dershwitz "persuasively responded to Dr. [David]
Waisel's testimony."

http://www.floridasupremecourt.org/pub_info/summaries/briefs/11/11-1434/Filed_07-26-2011_Emergency_Petitiondf.pdf