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You are here: Judicial Directory > Elizabeth G. Rice > 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 Motion to JA

Mail or deliver hard copy/to be received no less than two business days before hearing

Yes. Submit in PDF format
if uncontested
Mail or deliver hard copy of Motion & NOH to JA

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

 

**PLEASE NOTE:  ODYSSEY IS NOT JAWS**
Odyssey is the Clerk of Court’s case management system.  JAWS is the Thirteenth Judicial Circuit’s case management system.  Filing a proposed order/judgment on Odyssey will not automatically load the proposed order/judgment on JAWS.  Filing a notice of your email address with the Clerk of Court will not input your email address into JAWS for purposes of receiving electronically signed orders/judgments or emails from the Court.  JAWS requires emails to be registered on its software for each individual case and for each individual attorney or entity entitled to e-service.

PROPOSED ORDERS/JUDGMENTS – SUBMISSION AND FORMAT REQUIREMENTS

Compliance with AO S-2012-058.  All orders and judgments must comply fully with Administrative Order S-2012-058, paragraphs 17-19.

 

Submitted Through JAWS.  All proposed orders/judgments must be submitted through JAWS unless one or more person entitled to receive a copy cannot be served by email, in which case the proposed order/judgment must be submitted in traditional paper form, with stamped, pre-addressed envelopes.  Paper submissions should also be used when the form and contents of the order/judgment are disputed, unless otherwise instructed by the Court.

 

▪In submitting proposed orders/judgments through JAWS, use PDF format when all parties have agreed to the form and content of the order/judgment.  PDF documents should be created directly from the word processor, using “save as” PDF or printing to PDF, not by printing a document on paper and scanning it.  Exhibits or attachments, however, may be scanned from paper documents.

 

▪Documents submitted in Word format will be returned with instructions to resubmit as PDF documents.

 

▪Orders/judgments submitted through JAWS will not require envelopes as conformed copies will be furnished by email.  The filing party must ascertain that the list of recipients (“associated parties” under JAWS) contains the correct email address of each person or entity entitled to receive a copy of the order/judgment.

 

▪Do not check the “proposed orders” box for documents that are not proposed orders/judgments.

 

Title of Orders.  All proposed orders must have informative titles using Subject – Verb– Object construction, for example “Order Granting Defendant’s Motion to Dismiss Second Amended Complaint.”

 

▪The title should begin with the subject, such as “order,” “final judgment,” etc. This may be preceded by an appropriate adjective such as “amended,” “stipulated,” or “partial.”

 

▪The subject is followed by the appropriate verb (i.e. granting, denying, dismissing, approving, awarding, etc.).  Uninformative language such as “Order On…” is unacceptable, unless otherwise approved by the Court at the hearing (i.e., “Order on Status Conference”).  The verb may be preceded by an appropriate adverb, such as “partially,” or followed by “in part.”

 

▪After the verb comes the object – the motion, pleading or other matter upon which the verb acts.  The object must be sufficiently detailed to identify it uniquely within the case.  For example, “Order Denying Motion to Dismiss” is sufficient if there has only been one such motion; but if there are several in the file, identify the one affected by its filing date.  If there are multiple parties, state whose motion is being acted upon: “Order Denying Defendant Smith’s Motion for Summary Judgment filed January 1, 2013.”

 

Title of Final Judgments.  All final judgments shall provide in the title the complete name of the defendant or plaintiff, if applicable.  For example, “Final Judgment Against Defendant, John Doe”, etc.)

 

Form and Content of Orders/Judgments.  All orders/judgments must comply with the following requirements:

▪The first sentence of the opening paragraph of the order/judgment must state (1) the date on which the matter was heard (e.g., THIS CASE came before the Court for hearing on (insert date) …) and (2) the name of the motion, petition, or other matter heard (e.g., THIS CASE came before the Court for hearing on January 12, 2015, on (insert name of motion, petition, etc.)…).  If the case came before the Court without a hearing, please indicate so in the first sentence instead.

 

▪Number each page after the first at the bottom, centered.

 

▪Use font size 12 or equivalent.  Do not write numbers two (2) times.

 

▪Make sure the last page of the order/judgment does not contain only the signature line or the “ORDERED ….” paragraph and signature line (i.e., no “orphan” signature pages).

 

▪Use the following format for the “ORDERED…” paragraph:  “ORDERED on __________________” OR “ORDERED AND ADJUDGED on __________________.”  Avoid using the format “ORDERED … on this __ day of _______________, 20___.

 

Cover Letters to Accompany All Orders/Judgments.  All orders/judgments must be accompanied by a cover letter or, when available, a JAWS cover page reflecting the date of the hearing or the reason why the order can be signed without a hearing.  It also must provide that a copy of the proposed order/judgment has been provided to all other parties or their counsel, who have either agreed to the form and content of the order/judgment, or have raised no objection thereto after five business days.  PLEASE NOTE:  The Court does NOT “hold” orders/judgments.  If the order/judgment is based on a stipulation, attach the stipulation.

 

Deadline for Submission of Orders/Judgments.  Proposed orders/judgments are to be submitted no later than 10 calendar days after the date on which the Court announced its ruling, unless otherwise expressly permitted by the Court.
SCHEDULING THROUGH JAWS GENERALLY (Applicable to All Hearings)

JAWS Account.  For assistance in setting up a JAWS account, contact the Helpdesk at (813) 272-6513 or Helpdesk@fljud13.org.

 

Confirmation of Emails.  Before scheduling any hearings, pre trials, or trials, verify the accuracy and completeness of the service email lists in JAWS (court) AND the e-filing portal (clerk).  When scheduling, make sure to fill in the hearing description.

 

Courtesy Copies of Motions, Petitions, etc. Courtesy, hard copies of motions/petitions, together with the accompanying notice of hearing, and responses/objections to same ARE REQUIRED and must be mailed or hand-delivered to the Court so that they are received no less than two full business days before the hearing.

 

▪If a hearing is set for Monday, the courtesy copy must be received by the Court no later than 4:00 p.m. on the preceding Wednesday.

 

▪If a hearing is set for Wednesday, the courtesy copy must be received by the Court no later than 12:00 p.m. on the preceding Friday.

 

Hearing/Trial Locations Hearings are conducted in Hearing Room 521, and trials are conducted in Courtroom 504.

DAILY HEARINGS (15 & 30 Minutes)

Schedule Through JAWS.  At this time, attorneys may schedule hearings up to 30 minutes on the JAWS system at www.jaws.fljud13.org.  The “DAILY” drop down provides 15 and 30 minute hearing times available.

 

Motions/Petitions Must be Filed Prior to Scheduling.  Hearings on a motion/petition may not be scheduled on JAWS prior to the filing of the original motion/petition with the clerk.  The original notice of hearing likewise must be filed with the clerk.  Upon scheduling a hearing, please upload the filed motion/petition and notice of hearing on JAWS within 24-hours of scheduling the hearing.  All notices of hearing must include the amount of time reserved for the hearing.  Any motion not properly filed as required by this paragraph is subject to being struck from the docket by the Court.  Any notice of hearing not properly filed as required by this paragraph may result in the striking of the motion from the docket by the Court.

 

Reserve Appropriate Amount of Time.  The scheduling attorney is expected to reserve sufficient time for opposing counsel to respond. For example, if a hearing is scheduled for 30 minutes, each side normally will be given approximately 15 minutes to present their position.  In addition, please avoid scheduling a 15-minute hearing in a 30-minute hearing time slot and avoid scheduling five and 10-minute hearings in a 15-minute hearing slot (please set those matters on the UMC Docket).

Notice.  No hearing should be set or noticed less than two business days before the hearing.

 

No Back-to-Back Hearings Scheduled.  Only one hearing block may be reserved per case, per day.  Please do not “book” back-to-back hearing blocks, or the case will be removed from the calendar.

 

Cross-Noticing of Motions.  In general, cross-noticing is not permitted (See, e.g., AOS-2013-043 at paragraph 10).  However, it is permissible at times.  Notice to all other parties is necessary, and the attorney hoping to add on the additional matter should e-file (clerk) and upload into JAWS (court) the motion and notice of hearing, but no other communication with the judge’s office is required or permitted.  Subsequent matters noticed for the same hearing time will be heard only if there is sufficient time to do so.

 

Telephonic/Skype Appearances.  Telephonic hearing times generally are permitted for 15- and 30-minute hearings.  Skype hearing times generally are permitted for 30-minute hearings only.  Generally, only out-of-circuit attorneys may appear telephonically or by Skype.  If an “in-circuit” attorney needs to appear telephonically or by Skype, the attorney must request permission to do so by emailing the Judicial Assistant (being sure to copy all parties/counsel of record on the email) no less than two business days before the hearing.

 

▪Please indicate “TELEPHONIC” or “SKYPE” on JAWS and note “TELEPHONIC” or “SKYPE” on the notice of hearing. 

 

▪For telephonic appearances, call the hearing line at 813.272.6870 at the time of the hearing.

 

▪For Skype appearances, contact the Court at judge_elizabeth_rice at the time of the hearing.

 

▪Only one attorney per case may appear telephonically or by Skype.

 

▪If more than one party is appearing telephonically, then all parties must be conferenced together prior to calling the hearing line.

 

Hearing Cancellations.  Proper and timely notice of the cancellation of a hearing by the scheduling/moving party to all opposing parties is required.  In addition, cancellation of a hearing in JAWS by the scheduling/moving party is required no less than five business days before the scheduled hearing.

 

▪If the need for cancellation arises within the two business days preceding the hearing, then the scheduling/moving party also must email a Notice of Cancellation to the Court (with a copy of the email to all parties/counsel of record) at circivdivc@fljud13.org as soon as the need for the cancellation becomes known to the scheduling/moving party.

 

▪The subject line of the email to the Court must contain the following information:  “CANCEL: (insert entire six digit case number) (insert plaintiff’s last name/defendant’s last name).”  For example, CANCEL:  15-CA-012345  SMITH/JOHNSON.  This format allows easy application of Outlook’s search feature.
DAILY HEARINGS (Exceeding 30 minutes)

Contact Judicial Assistant.  Requests for hearings exceeding 30 minutes must be approved by the Court and scheduled through the Judicial Assistant via email.

 

Scheduling Procedure.

 

▪The subject line of the email to the Court must contain the following information:  “SCHEDULE: (insert entire six digit case number) (insert plaintiff’s last name/ defendant’s last name).”  For example, SCHEDULE:  15-CA-012345  SMITH/JOHNSON.  This format allows easy application of Outlook’s search feature.

 

Prior to emailing the Court, update associated parties’ email addresses in JAWS - Parties listed in the email request must also be listed in JAWS).

 

▪E-file the motion(s) with the clerk according to the Rules of Judicial Administration; AND upload the motion(s) into JAWS (court).

 

▪Email the Court, copying all opposing parties.  In the body of the email, please reference:

 

▪the motion requiring hearing time and confirm it has been e-filed (clerk) AND uploaded into JAWS (court);

 

▪the amount of hearing time requested;

 

▪the moving attorney (the Court will need to “schedule on behalf of”); and

 

▪the date of trial (or N/A)

 

▪The Court will email available times to both sides (reply all).  The parties/counsel of record shall have three business days to decide upon a mutually agreeable date and time.

 

▪Only one responsive email is required, stating the mutually agreeable date and time.  In the body of the responsive email, the following information must be repeated (to avoid lengthy search through multiple emails):

 

▪DATE / TIME / AMOUNT OF HEARING TIME

 

▪EXACT NAME OF MOTION

 

▪THE FULL NAME OF THE ATTORNEY FOR WHOM THE COURT WILL SCHEDULE

 

▪Please confirm first that this attorney is in the bank of attorneys listed in JAWS.

 

▪The Court will schedule the hearing on behalf of the scheduling/moving party.

 

If no response is received to the Court’s email within five business days, the dates and times provided in the email will become available to other parties seeking +30-minute hearing times.


Notice of Hearing.  Upon receipt of the JAWS scheduling email, the scheduling/moving party must e-file (clerk) AND upload into JAWS (court) the notice of hearing. JAWS is designed to give actual notice of hearings to all parties when it is properly used but does not substitute for filing a notice of hearing through the e-filing portal. Conversely, filing a notice of hearing or notice of cancellation of hearing with the e-filing portal does not update the Court's JAWS’ calendar which must be done separately.  Failure to e-file (clerk) and upload into JAWS (court) the notice of hearing within 24 hours may result in cancellation of the hearing by the Court.


Cross-Noticing of Motions.  In general, cross-noticing is not permitted (See AOS-2013-043 at paragraph 10).  However, it sometimes is possible.  Notice to all other parties is necessary, and the attorney hoping to add on the additional matter should e-file (clerk) and upload into JAWS (court) the motion and notice of hearing, but no other communication with the judge’s office is required or permitted.  Subsequent matters noticed for the same hearing time will be heard only if there is sufficient time to do so.

 

Hearing Cancellations.  As the Court is reserving a significant block of time exclusively for one case, +30 minute hearings may not be cancelled or rescheduled without giving a valid reason.  That said, cancellation or rescheduling of lengthy hearings is permitted without giving a reason if done more than 21 days before the hearing is scheduled to occur.  The scheduling/moving party will be able to cancel directly through JAWS.  After that, the hearing may only be cancelled with leave of Court under the following circumstances:

 

▪The scheduled matter is resolved, and/or an agreed order (or notice withdrawing the document) is uploaded through JAWS.

 

▪The case is settled.

 

▪The required notice of the hearing was not given or timely given.

 

▪An unanticipated hardship makes attendance impossible or other good cause exists for the cancellation, in which case the hardship or good cause must be set forth in detail in a Notice of Cancellation efiled with the clerk, uploaded through JAWS to the Court, and emailed to the Judicial Assistant.

 

▪PLEASE NOTE:  Predictable scheduling conflicts do not amount to good cause, and the hearing is not canceled until such time as the scheduling party receives an email from the Court confirming the cancellation.

UNIFORM MOTION CALENDAR (UMC DOCKET)

Schedule Through JAWS.  Attorneys may schedule UMC hearings on the Uniform Motion Calendar docket on the JAWS system at www.jaws.fljud13.org.

 

Motions Must be Filed Prior to Scheduling.  Hearings on a motion may not be scheduled on JAWS prior to the filing of the original motion with the clerk.  The original notice of hearing likewise must be filed with the clerk.  Upon scheduling a hearing, please upload the filed motion and notice of hearing on JAWS within 24-hours of scheduling the hearing.  All notices of hearing must include “UMC DOCKET” in the title.  Any motion not properly filed as required by this paragraph is subject to being struck from the docket by the Court.  Any notice of hearing not properly filed as required by this paragraph may result in the striking of the motion from the docket by the Court.

 

▪Courtesy, hard copies of motions, together with the accompanying notice of hearing, and responses/objections to same ARE REQUIRED and must be mailed or hand-delivered to the Court so that they are received no less than two full business days before the hearing.

 

Notice.  No UMC hearing should be set or noticed less than two business days before the hearing.

 

Length of Hearing.  UMC hearings shall not exceed 10 minutes – each side is entitled to five-minutes.

 

Telephonic Appearances.  Generally, only out-of-circuit attorneys may appear telephonically.  If an “in-circuit” attorney needs to appear telephonically, the attorney must request permission to do so by emailing the Judicial Assistant (being sure to copy all parties/counsel of record on the email) no less than two business days before the hearing.

 

▪Please indicate “TELEPHONIC” on JAWS and note “TELEPHONIC” on the notice of hearing.

 

▪Only one attorney per case may appear telephonically.

 

▪If more than one party is appearing telephonically, then all parties must be conferenced together prior to calling the hearing line.

 

▪Attorneys appearing telephonically are to call the hearing line at 813.272. 6870 beginning at 9:30 a.m. (for A.M. UMC’S) and 2:00 p.m. (for P.M. UMC’s), and will be placed on hold until the hearing is called.

 

▪If the line is busy, please keep trying.

 

Matters Not Permitted on UMC.  No evidentiary, contempt, or discovery motions are to be set on the UMC docket.  (See Administrative Order S-2006-035)  Foreclosure motions for summary judgment must be scheduled on the foreclosure docket.  See Mortgage Foreclosure (click here).

 

Hearing Cancellations.  Proper and timely notice of the cancellation of a hearing by the scheduling/moving party to all opposing parties is required.  In addition, cancellation of a hearing in JAWS by the scheduling/moving party is required no less than five business days before the scheduled hearing.

 

▪If the need for cancellation arises within the two business days preceding the hearing, then the scheduling/moving party must email a Notice of Cancellation to the Court (with a copy of the email to all parties/counsel of record) at circivdivc@fljud13.org as soon as the need for the cancellation becomes known to the scheduling/moving party.

 

▪The subject line of the email to the Court must contain the following information:  “CANCEL: (insert entire six digit case number) (insert plaintiff’s last name/defendant’s last name).”  For example, CANCEL:  15-CA-012345  SMITH/JOHNSON.  This format allows easy application of Outlook’s search feature.

 

Sign-In Upon Arrival.  Upon arriving for a UMC hearing, please sign in.  Only attorneys are to sign in on the sign-up sheet.  When all attorneys who are to be participating in the hearing have signed in, proceed to the hearing room.

 

No Testimony Allowed.  No witnesses or testimony will permitted during UMC hearings.
UNIFORM DISCOVERY MOTION CALENDAR DOCKET

Schedule Through JAWS.  Attorneys may schedule discovery-related hearings on the Uniform Discovery Motion Calendar docket on the JAWS system at www.jaws.fljud13.org.

 

Motions Must be Filed Prior to Scheduling. Hearings on a motion may not be scheduled on JAWS prior to the filing of the original motion with the clerk.  The original notice of hearing likewise must be filed with the clerk.  Upon scheduling a hearing, please upload the filed motion and notice of hearing on JAWS within 24-hours of scheduling the hearing.  All notices of hearing must include “Uniform Discovery Motion Calendar” in the title.  Any motion not properly filed as required by this paragraph is subject to being struck from the docket by the Court.  Any notice of hearing not properly filed as required by this paragraph may result in the striking of the motion from the docket by the Court.

 

▪Courtesy, hard copies of motions, together with the accompanying notice of hearing, and responses/objections to same ARE REQUIRED and must be mailed or hand-delivered to the Court so that they are received no less than two full business days before the hearing.

 

Notice.  No Discovery Docket hearing should be set or noticed less than two business days before the hearing.

 

Length of Hearing.  Hearings should not exceed 20 minutes – 10 minutes per side.  Discovery motions requiring more than 20 minutes must be set as a 30-minute hearing (if that is all the time needed to resolve the motion).  Discovery motions requiring greater than 30 minutes are to be set by contacting the Judicial Assistant.

 

Telephonic Appearances.  Generally, only out-of-circuit attorneys may appear telephonically.  If an “in-circuit” attorney needs to appear telephonically, the attorney must request permission to do so by emailing the Judicial Assistant (being sure to copy all parties/counsel of record on the email) no less than two business days before the hearing.

 

▪Please indicate “TELEPHONIC” on JAWS and note “TELEPHONIC” on the notice of hearing.

 

▪Only one attorney per case may appear telephonically.

 

▪If more than one party is appearing telephonically, then all parties must be conferenced together prior to calling the hearing line.

 

▪Attorneys appearing telephonically are to call the hearing line at 813.272. 6870 beginning at 1:30 p.m., and will be placed on hold until the hearing is called. 

▪If the line is busy, please keep trying.

 

Matters Not Permitted on the Discovery Docket.  No evidentiary motions are to be set on the Discovery Docket.  Any hearing with objecting, unrepresented parties should be set on the daily calendar for a time certain

 

Hearing Cancellations.  Proper and timely notice of the cancellation of a hearing by the scheduling/moving party to all opposing parties is required.  In addition, cancellation of a hearing in JAWS by the scheduling/moving party is required no less than five business days before the scheduled hearing.

 

▪If the need for cancellation arises within the two business days preceding the hearing, then the scheduling/moving party also must email a Notice of Cancellation to the Court (with a copy of the email to all parties/counsel of record) at circivdivc@fljud13.org as soon as the need for the cancellation becomes known to the scheduling/moving party.

 

▪The subject line of the email to the Court must contain the following information:  “CANCEL: (insert entire six digit case number) (insert plaintiff’s last name/defendant’s last name).”  For example, CANCEL:  15-CA-012345  SMITH/JOHNSON.  This format allows easy application of Outlook’s search feature.

 

Sign-In Upon Arrival.  Upon arriving for a Discovery Docket hearing, please sign in.  Only attorneys are to sign in on the sign-up sheet.  When all attorneys who are to be participating in the hearing have signed in, proceed to the hearing room.

 

No Testimony Allowed.  No witnesses or testimony will permitted during Discovery Docket hearings.
PRO SE PARTIES - SCHEDULING PROCEDURES

Contact Judicial Assistant.  Pro se parties (acting on their own behalf, without an attorney) do not have access to the Judicial Automated Workflow System (JAWS) used by attorneys to schedule hearings. When a pro se party desires to schedule a hearing (regardless of the amount of hearing time) all hearings must be coordinated through the Court’s email address (circivdivc@fljud13.org) copying all associated parties to the case.

 

Scheduling Procedure.  The party desiring to schedule a hearing must follow the procedure set forth below:

 

▪Send an email to the Judicial Assistant at the Court’s email address including in the body of the email the following information:

 

▪the motion requiring hearing time;

 

▪the date of filing of the motion with the clerk;

 

▪the amount of hearing time requested; and

 

▪the date of the trial, if applicable.

 

▪The Court will email available times to both sides (reply all). The parties/counsel of record shall have three business days to decide upon a mutually agreeable date and time.

 

▪Only one responsive email is required, stating the mutually agreeable date and time.  In the body of the responsive email, the following information must be repeated (to avoid lengthy search through multiple emails):

 

▪DATE / TIME / AMOUNT OF HEARING TIME

▪EXACT NAME OF MOTION

 

▪Upon receipt of a mutually agreeable response, the Court will schedule the hearing which will appear on the Court’s docket.

 

If no response is received to the Court’s email within five business days, the dates and times provided in the email will become available to other parties seeking +30-minute hearing times.


Notice of Hearing.  Upon receipt of the JAWS scheduling email, the scheduling/moving party must file the notice of hearing with the clerk and give proper notice to all parties. JAWS is designed to give actual notice of hearings to all parties when it is properly used but does not substitute for filing a notice of hearing with the clerk.
JURY AND NON-JURY TRIALS/PRE-TRIAL CONFERENCES

Available Trial Weeks/Pre-Trial Conferences.  Trial weeks and corresponding pre-trial conference dates can be viewed on the Court’s website at www.fljud13.org, click “Judicial Directory,” click on Judge’s name, and click on “Schedule.”

 

Mutually Agreeable Trial Date.  If a trial week has been agreed to by all parties, there is no need for a hearing.  Enter your case on JAWS at: www.jaws.fljud13.org under the drop down “TRIAL AND PRE-TRIAL”.  Choose the mutually agreed-upon trial week and schedule the companion pretrial conference in JAWS to obtain a separate, pre-trial conference time.  DO NOT SCHEDULE A PRETRIAL CONFERENCE IN JAWS UNLESS BOTH SIDES AGREE TO THE TRIAL DATE.

 

Complete Uniform Order Setting Cause for Trial and Pre-trial ConferenceWithin 24 hours of receipt of the JAWS email notification of the pretrial scheduling, upload (PDF format) into JAWS (click proposed order circle) the appropriate (and most recently revised), completed proposed uniform order setting cause for trial/non-jury trial and pretrial.  The forms can be found on JAWS or on the Court’s website under “FORMS.”

 

▪Include in paragraph 1. of the order the number of days the parties reasonably believe will be necessary to try the case (e.g., …during the week(s) of February 9, 2015 (5 Days Needed), commencing at…).

 

▪Also, include in the Certificate of Service, email addresses for all the parties receiving conformed copies.

 

▪The Court may cancel the pretrial conference for failure to timely upload this order as indicated.  Only a signed uniform order setting cause for trial and pretrial schedules a case for trial.

 

Scheduling of Trial.  When the uniform order is signed, the Judicial Assistant will schedule the matter for trial and a JAWS scheduling email will be generated to all associated parties, setting the case on the docket.  This email reflects the case is placed on the docket, it does not indicate a specific reporting date for trial.  The trial line up is emailed to all associated parties two days after the pretrial conference.

 

Contested Trial Date.  If unable to mutually agree on a trial date, set the matter on the UMC docket or, if the m other appropriate the TELEPHONIC DOCKET.

 

Location and Commencement Time. Trials are heard in Courtroom 504 and begin at 8:30 a.m.  Pre-trial conferences are heard in Hearing Room 521.

 

CancellationsPretrial conferences and trials cannot be cancelled by email, fax, or voicemail.


▪Settlement- To cancel a pretrial conference when a case has settled, e file (clerk) AND upload into JAWS (court) a letter to the court advising the case is settled.  Once this is done, email the court at circivdivc@fljud13.org to trigger the cancellation of the trial/pretrial.  A JAWS cancellation email will be generated.  Otherwise attorneys need to be present for the pretrial conference.  In the event a case settles after the pretrial conference, to cancel a trial you must follow the same procedure, otherwise attorneys need to be present for trial.  PLEASE NOTE:  Written notification must be provided to the Court when a case settles before the parties are excused from appearing at a pre-trial conference or trial.


Continuances of Trial/Pre-trial Conferences.  To continue a trial or pre-trial conference, the parties must comply with Fla. R. Civ. P. 1.460.  The Court does not grant continuances based on stipulations of the attorneys or parties.  A motion for continuance must be placed on the UMC or otherwise set for hearing.  If a trial is continued, the order continuing the trial does not place the case on the new docket.  Only a signed uniform order setting case for trial and pretrial schedules a case for trial.

 

Motions in Limine.  All motions in limine are to be filed and heard prior to the trial.  Please note, the time allotted for pretrial conferences does not allow sufficient time to argue anything but an uncomplicated motion in limine.
MORTGAGE FORECLOSURE CASES

For information pertaining to Mortgage Foreclosure cases, please click here.

MISCELLANEOUS

▪Affidavits in Proof of Claim.  Affidavits must comply with Fla. Stat. § 90.803(6) and Fla. R. Civ. P. 1.510(e), which provide that sworn or certified copies of all papers or parts thereof referred to in an affidavit must be attached.

 

Mediation Orders.  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.”

 

Military Service Memorandums and Affidavits.  All Military Service Memorandums and Affidavits must be in compliance with paragraph 8 and 9 of Administrative Order S-2012-058.

 

Order on Motion to Withdraw (For Individual).  Orders on Motion to Withdraw (Individual) must reflect the following language:

 

▪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.

 

▪All future pleadings will be mailed to (name of party) at his/her address (insert address).

 

▪The (name of party) has an affirmative duty of notifying the Court of any change of address.

 

▪Include other essential contact information, such as the party’s telephone number (home or cell and work), fax number (if any), and email address (if any).

 

Order on Motion to Withdraw (For Corporation).  Orders on Motion to Withdraw (For Corporation) must reflect the following language:

 

▪Matter is stayed for 20 days to allow party to obtain new attorney. If new counsel does not file Notice of Appearance within 20 days then a default judgment may be entered against that party.

 

▪All future pleadings will be mailed to (name of party) at its address (insert address).

 

▪The (name of party) has an affirmative duty of notifying the Court of any change of address.

 

▪Include other essential contact information, such as the party’s telephone number (work), fax number (if any), and email address (if any).

 

Residential Mortgage Foreclosure.  These cases will be handled by Senior Judges.  See Mortgage Foreclosure (click here).