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You are here: Judicial Directory > Bernard C. Silver > Procedures/Preferences

Procedures/Preferences

AT A GLANCE PREFERENCES

How to Notify Judge of an Emergency Motion Providing Judges with Lengthy Documents in Support of Hrg. Using JAWS for Electronic Signature Providing Copies of Motions & NOH

File w/clerk, then email or Fax Motion to JA

Mail or deliver hard copy
7 days prior to hearing

No. Mail proposed document to Judge w/ copies & envelope Copies required. Mail or hand deliver Motion & NOH to JA

 for additional "At a Glance" Scheduling on JAWS  Click Here


Until further notice, ALL ORDERS for signature for Judge Silver need to be submitted in hard copy format, not electronically filed. Also, please have courtesy copies mailed to chambers prior to the hearing.

 

                                                                        ORDERS - FORMAT AND PROCEDURE

1.  No order should be submitted containing on the last page only the "Ordered at..." paragraph and signature line.
2.  Orders should comply fully with Administrative Order Number S-2012-058.
3.   All proposed orders should be mailed directly to the judge's office at 800 E. Twiggs, Room 519, Tampa, FL 33602. Within 10 days of the hearing, parties shall agree to the form of the proposed order before it is submitted to the judge for his signature.
4.  Judge WILL NOT sign orders with only the words “Ordered this …”, or only his signature on the last page.
5.  Final Judgments shall state in the title the name of the defendant or plaintiff.  Example:  “Final Judgment Against Defendant, John Doe”, etc.
6.  ALL Orders must state the subject matter of the Order in the title.  The text of the Order must state the date on which the matter was heard.  See Administrative Order S-2012-058, #17.
7.  Attorney’s fees will not be awarded by default judgment.  File Motion for Summary Judgment or set matter for final hearing.
8.  Orders Setting Mediation must include the following language: “A party to mediation shall only be deemed to appear at a mediation conference by the physical presence of a representative with full authority to negotiate on behalf of the party and to authorize settlement.  Neither party may attend the mediation by telephone.”
9.  All Military Service Memorandums and Affidavits must be in compliance with paragraph 8 and 9 of Administrative Order S-2012-058 effective December 7, 2012.
10. Order on Motion to Withdraw must state: (For Individual)
1) Matter is stayed for twenty (20) days to allow party to obtain new attorney.  If new counsel does not file Notice of Appearance within twenty (20) days then party will be deemed to represent himself or herself.
2) “All future pleadings will be mailed to (name of party) at his/her address (insert address).  
3) The (name of party)  has an affirmative duty of notifying the Court of any change of address.”
11. Order on Motion to Withdraw must state: (For Corporation)
1) Matter is stayed for twenty (20) days to allow party to obtain new attorney.  If new counsel does not file Notice of Appearance within twenty (20) days then a default judgment may be entered against that party.    
2) “All future pleadings will be mailed to (name of party) at its address (insert address).  
3) (name of party)  has an affirmative duty of notifying the Court of any change of address.”

                            

Residential Mortgage Foreclosure

Cases will be handled by Senior Judges.
2009 and Older will be Section II
2010 to present will be Section III

 

 

 MOTION PRACTICE

1.     Short Motions. (Uncontested or 10 minute hearings) See UMC section within this page.

2.     Long Motions. (Arguments that will exceed 10 minutes) Use our online scheduling JAWS for 15 or 30 minute hearings. Hearings exceeding 30 minutes must be set through the Judicial Assistant.

DAILY HEARINGS (15 & 30 MINUTES)

1.     DO NOT schedule 15 minute hearings in a 30 minute time slot.

2.     Use JAWS for 15 and 30 minute hearings.

3.     Send copy of motion and notice of hearing to JA.

4.     No cross-noticing without prior approval by Court.

5.     Hearings exceeding 30 minutes must be approved by Judge.  Please contact JA.

6.     Telephonic appearance must be granted by Judge Silver. If requesting to appear telephonically, please submit a Motion to Appear Telephonically along with a proposed order. 

7.     Do not schedule matters that will only take 5 to 10 minutes in a 15 or 30 minutes time slot. (examples are, motions to dismiss, motions for default, or motions to be discharged)

8.    DISCOVERY MATTERS ARE NOT TO BE SET UNDER THIS CALEDNAR.

UNIFORM MOTION - Begins at 9:00 a.m.

1.     Non-Discovery Matters Only.

2.     No Motions to Compel.

3.     No UMC hearing should be set on less than 48 hours notice.

4.     Motions will be allowed 5 minutes per side, not to exceed 10 minutes per case. No Discovery, Contempt or Evidentiary hearings on the UMC docket.

5.     Use JAWS to schedule.

6.     The original Notice of Hearing and Motion must be filed with the clerk.

7.     It is not necessary to telephone the Judicial Assistant with the date chosen for UMC.

8.     Telephone hearings. Generally, only out of circuit attorneys may appear telephonically by calling (813) 272-6774 starting at 9:00 a.m. If you are in circuit and need to appear by telephone, contact the Judicial Assistant. If the line is busy, please keep trying. Only one attorney per case can appear telephonically unless all parties are conferenced together first. No telephonic hearings should be set during Trial Weeks.

9.    Upon arriving for a UMC hearing please sign in. Only attorneys can sign the sign-up sheet. When both sides have signed in, proceed into the hearing room.

10.    NO witnesses permitted.

Discovery Motion - Begin at 3:00 p.m.

1.     Hearings are held in Room 519.

2.     Discovery related matters only and NO FORECLOSURE related motions.

3.     No discovery docket hearings during trial weeks.

4.     Not necessary to confirm hearing with JA..

5.      Use JAWS to schedule.

6.    All Discovery Matters regardless of time, needs to be set on this Docket.

 Jury or Non Jury Trial

1.     Contact the Judicial Assistant to confirm trial week and date and time of pretrial. Submit your Uniform Order Scheduling Trial and Pretrial (Jury or Non-jury) to the Court along with copies and pre-paid envelopes for all parties within ten (10) days After receiving your confirmation.

2.     Counsel must sign a Joint Stipulation setting trial and state the number of days it will take to try the case, or schedule trial by Order after hearing.

3.     CONTINUANCE(S):  To continue a trial, the parties must comply with Rule 1.460, Fla.R.Civ.P., and schedule a hearing with the court.  Even if all parties stipulate to a continuance, a hearing must be set on our UMC Docket .

4.     ALL MOTIONS IN LIMINE SHOULD BE FILED AND HEARD PRIOR TO THE TRIAL.  The time allotted for Pretrial conference does not allow enough time to argue anything but an uncomplicated motion in limine. Please contact the Judicial Assistant to shedule the motion in limine.

5.     SETTLEMENTS:  Written notification must be provided to the Court when a case settles before the parties are excused from appearing at pretrial and/or trial.