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You are here: Judicial Directory > Ashley B. Moody > Procedures/Preferences

Procedures/Preferences

Please carefully review the information on the web site before calling the Judicial Assistant to ask questions or request time on the court’s docket. Parties should also read Administrative Order S-2013-042 (Family Law Procedures) which may be found on the Court’s website.

 

SCHEDULING

For detailed information on scheduling hearing times and trial dates please see the “Schedule” tab to the left. The preferred method for scheduling motion hearings is on-line through JAWS. Should you need to contact the judicial assistant, Ginger Schechter, for scheduling purposes, please do so through email rather than telephone at famlawdivb@fljud13.org.

 

Wednesday Morning (Non Post-Judgment) Motion Dockets

 

Division B offers a motion docket on Wednesday mornings. This docket should not be used for initial post-judgment motions. On-line scheduling for these hearings is available through JAWS. Uniform Motion Calendar (“UMC”) hearing time slots are available from 9:00 a.m. to 10:00 a.m. The UMC docket should only be used for cases that will require no more than 7 minutes of argument (3 1/2 minutes for each side). Uncontested Divorces may be set during the UMC docket. Fifteen minute and thirty minute time slots are available from 10:00 a.m. to 12:00 p.m. It is the responsibility of the scheduling party to coordinate a time and date with the opposing party prior to scheduling the hearing through JAWS.

 

Post-Judgement Motions

 

If you would like to file a post-judgment motion, excluding Title IV-D child support issues, along with the motion, you must file with the clerk a Motion for Referral to General Magistrate that substantively conforms with Florida Family Law Rules of Procedure Form 12.920(a), and submit a copy of the motion to the Court along with stamped self-addressed envelopes for distributing any order or referral the presiding judge may enter. The motion for referral must be filed even if an objection is intended. When a case is referred to a general magistrate, and there is no objection to the referral, either party may set the action for hearing in front of the general magistrate by contacting the assigned general magistrate’s office directly. Any objection to a referral, in accordance with Florida Family Law Rule of Procedure 12.490(b), must be in writing and filed within 10 days of the date of service of the order of referral. If the matter is not a post-judgment child support matter and an objection is appropriately made, the Court will retain the motion. After coordinating with the opposing party, the moving party may then set the matter for hearing on-line using JAWS.

MOTIONS

Before filing a motion with the Court, please carefully review Administrative Order S-2013-042regarding Family Law Procedures. Subsection (12) addresses Motions.

Unopposed Motions and Proposed Orders: If a party moves the Court for an Order and the opposing party does not oppose the motion or the proposed Order, the motion and proposed Order may be filed without a hearing date scheduled. A courtesy copy of the motion and Order must be provided to the judge along with copies for each party and stamped, addressed envelopes. The motion must contain a certificate by the party filing such motion that 1) the moving party has provided a copy of the motion and proposed Order to the opposing party, 2) the moving party has discussed the subject matter of the motion with the opposing party, and 3) both parties have agreed to the entry of the proposed Order granting the requested relief. The proposed Order on such motions must contain a statement that both parties have discussed the motion and agreed to the entry of this Order.

IMPORTANT INFORMATION IF YOU DO NOT HAVE A LAWYER

In cases where BOTH parties do not have lawyers (pro se matters), court dates are scheduled only through Case Manager Vera Dolan, not the judge's office. All questions about these cases, or requests for hearing times, should be directed to Ms. Dolan at 813-272-5173, not the judge's office. The information included on the tabs to the left regarding hearing times, trial dates and uncontested divorce finalizations does not pertain to pro se matters.

EMERGENCY MOTIONS

1. No party or attorney should file an emergency motion without first studying Smith v. Crider, 932 So.2d 393 (2d DCA April 7, 2006). The court understands that parties involved in litigation are often under considerable emotional strain and genuinely believe many situations confronting them are emergencies. However, the court expects attorneys to exercise independent professional judgment, respect the seriousness of emergency procedures, and refrain from filing frivolous emergency requests even if instructed to do so by a client. Where emergency procedures are abused by an attorney the court may refer the matter to the Florida Bar.

2. File the original motion with the Clerk of Circuit Court, 800 E. Twiggs Street, Tampa, Florida. Do not deliver a copy for the judge.

3. The Clerk will bring the court file and the docketed motion to the Judge's chambers for review.

4. The judicial assistant will call, fax or mail a copy of the Judge's decision regarding the emergency status of the motion to both parties.

PROPOSED QUALIFIED DOMESTIC RELATIONS ORDERS (QDRO)

In the event a party wishes to submit a proposed Qualified Domestic Relations Order after such has been ordered by the Court in a Final Judgment, please submit a copy of the Final Judgment tabbed with the specific provision referencing the QDRO along with the proposed QDRO. Copies and addressed envelopes should also be submitted for distribution by the court.

PROPOSED INCOME WITHHOLDING ORDERS (IWO)

In the event a party wishes to submit a proposed Income Withholding Order after such has been ordered by the Court, please submit along with the proposed IWO a copy of the Final Judgment or Order detailing the amount to be withheld and tab the pertinent provisions. Copies and addressed envelopes should also be submitted for distribution by the court.

TEMPORARY RELIEF REQUIREMENTS

Hearing Prerequisites of Moving Party:

The party seeking temporary relief must:

a. File with the Clerk a Motion for Temporary Relief specifying the nature and amount of relief sought;

b. Attach to the Motion a proposed Temporary Time-Sharing Plan if the case involves minor children;

c. Attach, if not previously filed, a Financial Affidavit in compliance with Rule 12.285(d)(1);

d. File a Notice of Hearing reflecting the dates and times obtained from the Court for both the pre-temporary relief hearing and the temporary relief hearing;

e. Serve a copy of the above documents on the opposing party; and

f. Serve on the opposing party/counsel, but do not file with the Clerk, the documents required under Rule 12.285(d)(2)-(4).

Hearing Prerequisites of Responding Party
:

Within 10 days after being served with a Motion for Temporary Relief (15 days if service was made by mail), the party against whom the temporary relief is being sought will file and serve a Response to the Motion stating what, if any, temporary relief the responding party contends is appropriate. When applicable, the responding party will propose an alternate time-sharing plan. The responding party will attach a Financial Affidavit compliant with Rule 12.285(d)(1) and will serve the Response and Affidavit upon the opposing party. Contemporaneously, the responding party must serve upon the opposing party, but not file with the Clerk or with the Judge, the documents required in Rule 12.2859d)(2)-(4). Any temporary relief sought by the responding party may be asserted by cross-Motion at that time.

Temporary Relief Mediation:

Pursuant to AO S-2013-042, Temporary relief matters MUST be mediated prior to being heard by the Court. Judge Moody is authorized to enter an Order naming the mediator and setting the time of mediation on an ex parte basis upon motion by either party if the parties cannot schedule mediation by agreement. It is at the Judge's discretion to move forward with a request for temporary relief if the responding party cancels or refuses to attend mediation. Prior to mediation, both parties must provide documentation in compliance with 1 and 2 above.

Temporary Attorney's Fees:

If the relief sought includes temporary attorney's fees, the seeking party MUST file an Attorney's Fee Affidavit at least seven business days before the hearing.

Exhibits and Temporary Relief Memorandum:

At least 48 hours prior to the temporary relief hearing, the parties will exchange exhibits and each will file and serve a copy of the Temporary Relief Hearing memorandum prepared in accordance with the form found on the Thirteenth Judicial Circuit Website, Forms, Circuit-Unified Family Court.