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You are here: Judicial Directory > Elizabeth G. Rice > Procedures/Preferences

Procedures/Preferences

AT A GLANCE PREFERENCES (Revised 1/27/17)

How to Notify Judge of an Emergency Motion Providing Copies of
NOH & Motions
Providing Judge with Documents/Case Law in
Support of Motions
Using JAWS for Electronic Signature

File w/clerk,
then email Motion to JA.

 

Call JA if no response in one hour.

YES.

Deliver hard paper copies of NOH & Motion to Chambers/to be

RECEIVED no less than two full business days before 

scheduled hearing.

YES.

Deliver hard paper copies to chambers/to be RECEIVED no less than two business days before scheduled hearing.

 

Case law to be appropriately HIGHLIGHTED.

YES.

Submit in PDF format, only if uncontested. 

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.


(1) PROPOSED ORDERS/JUDGMENTS/WRITS – SUBMISSION AND FORMAT
REQUIREMENTS (Revised 1/27/17)
(2) SCHEDULING THROUGH JAWS GENERALLY (Applicable to All Hearings) (Revised 3/10/17)
(3) DAILY HEARINGS (15 & 30 MINUTES) (Revised 1/27/17)
(4) DAILY HEARINGS (EXCEEDING 30 MINUTES) (Revised 1/27/17)
(5) UNIFORM MOTION CALENDAR (UMC DOCKET) (Revised 1/27/17)
(6) UNIFORM DISCOVERY MOTION CALENDAR DOCKET (Revised 1/27/17)
(7) RESIDENTIAL MORTGAGE FORECLOSURE CASES (Revised 6/19/17)

Abolishment of Division “N”
Pursuant to AO 2016-043, Residential Foreclosures Division “N” is abolished effective January 1, 2017.

 

Residential Mortgage Foreclosure (“RMF”) Hearings/Trials – Generally
To accommodate the addition of RMF cases into Division C, the Court has created and reserved four specially designated hearing blocks/slots of time in JAWS for the following categories of RMF case hearings and trials:


(1) “Uncontested Motions”
(2) “Contested Motions”
(3) “Uncontested Non-Jury Trials”
(4) “Contested Non-Jury Trials”

 

These time-slots are to be used solely for motions and trials falling under these categories of hearings and trials. As specifically designated hearing blocks/slots of time have been reserved in JAWS for uncontested and contested motions, hearings in RMF cases MAY NOT BE SCHEDULED on the Court’s general UMC docket or on any Daily 15 Minute or Daily 30 Minute hearing time slot.

**Any improperly scheduled RMF case will be cancelled in JAWS by the judicial assistant without any other or prior notice to the parties/counsel.**

 

Application of Other Division C Procedures/Preferences
Except as specifically described in this (7) RESIDENTIAL MORTGAGE FORECLOSURE CASES section, the Procedures/Preferences set forth in the following sections will ALSO apply to Residential Mortgage Foreclosure Cases:

(1)  PROPOSED ORDERS/JUDGMENTS/WRITS – SUBMISSION AND FORMAT REQUIREMENTS
▪(2)  SCHEDULING THROUGH JAWS GENERALLY (Applicable to All Hearings)**.
▪(3)  DAILY HEARINGS (15 & 30 Minutes).
(4)  DAILY HEARINGS (Exceeding 30 Minutes).
▪(6)  UNIFORM DISCOVERY MOTION CALENDAR DOCKET.
▪(8)  PRO SE / SELF-REPRESENTED PARTIES – SCHEDULING PROCEDURES (Generally).
▪(10)  MISCELLANEOUS.
(11)  VIEWING FILED DOCUMENTS (HOVER).
▪(12)  HOW TO SEARCH AND FIND INFORMATION ON THIS PAGE.
▪(13)  JAWS “HOW TO” GUIDE.

 

Counsel and pro se / self-represented parties are directed to review the requirements set forth under each of these sections BEFORE scheduling a hearing, contacting the judicial assistant, sending an email to the division email, or submitting an order, judgment, or writ. Failure to do so will result in a substantial delay in response to any inquiry directed to the division that is addressed fully by the Court’s Procedures/Preferences.

 

PLEASE NOTE AS TO ALL HEARINGS, in particular, the following requirements of Division C:

Courtesy Copies of Motions, Petitions, Affldavits, Etc. Required. Courtesy, hard copies of all notices of hearing, motions/petitions, responses/objections to motions/petitions, and affidavits filed in support of a motion for default judgment or summary judgment, ARE REQUIRED for ALL categories of hearings and must be mailed or hand-delivered to the Court so that they are received no less than two full business days before the scheduled 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.

 

Highlighted Case Law/Statutes/Rules. All case law, statutes, and rules provided to the Court must be highlighted appropriately.

 

**Failure to comply with these requirements may result in the continuation or cancellation of your hearing by the Court.


Uncontested Motions (NO DFJ’s or Uncontested MSFJ’s Allowed) – Generally
Effective immediately, motions falling under this hearing category shall be scheduled on JAWS under “RMF – UNCONTESTED MOTIONS”.  In scheduling your case for this hearing docket, please note the following:

 

  1. Mass Set Docket. Multiple hearings will be set to start at the same time. The Court will start with any agreed orders, followed by the cases in the order they were set on the docket. The bailiff will have a copy of the docket and should be able to let you know if an opposing party/counsel has appeared for a particular case.

  2. 5-Minutes Per Case. Uncontested hearings are designed for five minutes, per case (similar to the Court’s UMC Docket). No motion for default final judgment, motion for partial or summary final judgment, or contested motion may be set for this hearing block. If opposing counsel or a party appears and contests the motion, the motion will need to be reset on the RMF Contested Motions docket.

  3. Scheduling.  SEE Scheduling of Hearings ▪Uncontested Motions/Uncontested Motions (“Plaintiffs Only” Uncontested MSFJ’s and DFJ’s) below.

  4. Courtesy Copies of Motions, Petitions, Affidavits, Etc. Required. Courtesy, hard copies of all notices of hearing, motions/petitions, responses/objections to motions/petitions, affidavits, etc., 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 scheduled hearing. [SEE **PLEASE NOTE above.]

  5. Provide Paper Orders/Judgments at Hearing.  Unless otherwise instructed by the Court at the hearing, the moving party should provide the Court at the hearing with the party’s proposed order/judgment, together with extra copies for conforming and stamped, pre-addressed envelopes for all parties. The moving party will be responsible for making any and all necessary revisions to the proposed order to reflect the Court’s ruling.

  6. Provide Paper Orders/Judgments 5 Days in Advance (Telephonic Appearances). If the moving party will be appearing telephonically, the moving party should provide the Court no less than five business days before the hearing with the party’s proposed order/judgment, together with extra copies for conforming and stamped, pre-addressed envelopes for all parties. The moving party will be responsible for making any and all necessary revisions to the proposed order to reflect the Court’s ruling.

  7. Respect for Docket Timeframe.  As this is a multi-case docket, the Court expects the parties to respect the timeframe designated for this type of docket.

  8. Telephonic Appearances.  Telephonic appearances are permitted.  (See generally (5) UNIFORM MOTION CALENDAR (UMC DOCKET)).

Uncontested Motions (“Plaintiffs Only” Uncontested MSFJ’s and DFJ’s) – Generally
Effective immediately, motions falling under this hearing category shall be scheduled on JAWS under “RMF – UNCONTESTED SFJ/DFJ MOTIONS”. In scheduling your case for this hearing docket, please note the following:

 

  1. Mass Set Docket. Multiple hearings will be set to start at the same time. The Court will start with any agreed orders, followed by the cases in the order they were set on the docket. The bailiff will have a copy of the docket and should be able to let you know if an opposing party/counsel has appeared for a particular case.

  2. 5-Minutes Per Case. Uncontested hearings are designed for five minutes, per case (similar to the Court’s UMC Docket). No contested motions may be set for this hearing block. If opposing counsel or a party appears and contests the motion, the motion will need to be reset on the RMF Contested Motions docket.

  3. Scheduling.  SEE Scheduling of Hearings ▪Uncontested Motions/Uncontested Motions (“Plaintiffs Only” Uncontested MSFJ’s and DFJ’s) below.

  4. Courtesy Copies of Motions, Petitions, Affidavits, Etc. Required. Courtesy, hard copies of all notices of hearing, motions/petitions, responses/objections to motions/petitions, and affidavits filed in support of a motion for default judgment or summary judgment, 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 scheduled hearing. [SEE **PLEASE NOTE above.]

  5. Provide Paper Orders/Judgments at Hearing.  Unless otherwise instructed by the Court at the hearing, the moving party should provide the Court at the hearing with the party’s proposed order/judgment, together with extra copies for conforming and stamped, pre-addressed envelopes for all parties. The moving party will be responsible for making any and all necessary revisions to the proposed order to reflect the Court’s ruling.

  6. Provide Paper Orders/Judgments 5 Days in Advance (Telephonic Appearances). If the moving party will be appearing telephonically, the moving party should provide the Court no less than five business days before the hearing with the party’s proposed order/judgment, together with extra copies for conforming and stamped, pre-addressed envelopes for all parties. The moving party will be responsible for making any and all necessary revisions to the proposed order to reflect the Court’s ruling.

  7. Respect for Docket Timeframe.  As this is a multi-case docket, the Court expects the parties to respect the timeframe designated for this type of docket.

  8. Plaintiff’s Uncontested Summary Judgment Motions. Only plaintiff’s Motion for Summary Judgment may be scheduled on this docket. No motions for summary judgment filed by a defendant are allowed on this docket.

  9. Plaintiff’s Complete Final Judgment Package. Plaintiff must bring to the hearing a complete final judgment package (including Final Disposition form) that complies with paragraph 9 of AO 2016-060, together with extra copies for conforming and stamped, pre-addressed envelopes for all parties.

  10. Telephonic Appearances.  Telephonic appearances are permitted.  (See generally (5) UNIFORM MOTION CALENDAR (UMC DOCKET)).

Contested Motions - Generally
Effective immediately, motions falling under this hearing category shall be scheduled on JAWS under “RMF - CONTESTED MOTIONS.”  In scheduling your case for this hearing docket, please note the following:

 

  1. Mass Set Docket.  Multiple hearings will be set to start at the same time. The Court will start with any agreed orders, followed by the cases in the order they were set on the docket. The bailiff will have a copy of the docket and should be able to let you know if an opposing party/counsel has appeared for a particular case.

  2. RMF DAILY 15M Hearing Block.  Contested motions are allowed, 10 to 15 minutes each case.  Any type of motion may be scheduled, provided it can be argued and ruled-upon in 10-15 minutes.

  3. RMF DAILY 30M Hearing Block.  Contested motions are allowed, 15 to 30 minutes each case.  Any type of motion may be scheduled, provided it can be argued and ruled-upon in 15-30 minutes.

  4. Scheduling.  SEE Scheduling of HearingsContested 15 & 30-Minute Motion Hearings below.  **PLEASE NOTE:  Contested motions, of any duration, in residential mortgage foreclosure cases shall only be scheduled to occur during a RMF - CONTESTED MOTIONS hearing docket.
    **Any improperly scheduled RMF case contested hearing will be cancelled in JAWS by the judicial assistant without any other or prior notice to the parties/counsel.**

  5. Courtesy Copies of Motions, Petitions, Affidavits, Etc. Required.  Courtesy, hard copies of all notices of hearing, motions/petitions, responses/objections to motions/petitions, and affidavits filed in support of a motion for summary judgment, 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 scheduled hearing.  [SEE **PLEASE NOTE above.

  6. Provide Paper Orders/Judgments at Hearing.  Unless otherwise instructed by the Court at the hearing, the moving party should provide the Court at the hearing with the party’s proposed order/judgment, together with extra copies for conforming and stamped, pre-addressed envelopes for all parties.  The moving party will be responsible for making any and all necessary revisions to the proposed order to reflect the Court’s ruling.

  7. Respect for Docket Timeframe.  As this is a multi-case docket, the Court expects the parties to respect the timeframe designated for this type of docket.

  8. Telephonic Appearances.  Telephonic appearances are permitted.  (See generally, (3)  DAILY HEARINGS (15 & 30 MINUTES))


Uncontested Non-Jury Trials - Generally
Trials falling under this trial category are to be scheduled on JAWS under “RMF – UNCONTESTED NON-JURY TRIALS.” In scheduling your case for this docket, please note the following:

 

  1. Mass Set Docket.  Multiple hearings will be set to start at the same time. The Court will start with any agreed orders, followed by the cases in the order they were set on the docket. The bailiff will have a copy of the docket and should be able to let you know if an opposing party/counsel has appeared for a particular case.

  2. Designated Day for Trials.  Beginning March 2017, the Court has reserved one or more hearing time blocks/slots for Uncontested Non-Jury Trials. AT THIS TIME, no particular day of the week has been designated for this trial category.

  3. Mere Filing of Notice of Trial Insufficient.  The mere filing of a Notice of Trial will not result in the Court’s automatic scheduling of a trial in the case. To obtain a trial date, please see “Scheduling a Trial – Non-Jury Trials” below.

  4. Scheduling.  See Scheduling of TrialsUncontested/Contested Non-Jury Trials below.

  5. Length of Trials.  The Court has uncontested trials for 30 minutes, 1 hour, and 2 hour blocks.  Requests for more than 2 hours of trial time require notice to and approval from the Court.

  6. No Telephonic Appearances. No telephonic appearances are allowed for uncontested non-jury trials. Exceptions may be granted on a case-by-case basis for good cause shown.

  7. Location and Commencement Time. Unless otherwise notified by the Court, all uncontested non-jury trials will be held in Hearing Room 521 at the time reflected in the form order setting case for non-jury trial.


Contested Non-Jury Trials - Generally
Trials falling under this hearing category are to be scheduled on JAWS under “RMF – CONTESTED NON-JURY TRIALS.”  In scheduling your case for this docket, please note the following:

 

  1. Mass Set Docket. Multiple hearings will be set to start at the same time.  The Court will start with any agreed orders, followed by the cases in the order they were set on the docket.  The bailiff will have a copy of the docket and should be able to let you know if an opposing party/counsel has appeared for a particular case.

  2. Designated Day for Trials.  Beginning March 2017, approximately one day per month has been designated for Contested Non-Jury Trials.  At this time, no particular day of the week has been designated for this type of trial.

  3. Mere Filing of Notice of Trial Insufficient. The mere filing of a Notice of Trial will not result in the Court’s automatic scheduling of a trial in the case.  To obtain a trial date, please see “Scheduling a Trial – Non-Jury Trials” below.

  4. Scheduling.  See Scheduling of TrialsUncontested/Contested Non-Jury Trials below

  5. Length of Trials.  The Court schedules contested trials for 30 minutes, 1 hour, and 2 hour blocks.  Requests for more than 2 hours of trial time require notice to and approval from the Court.  To obtain a trial longer than 2 hours, the party/attorney seeking the additional time should also name the attorneys involved, the number of witnesses and a short explanation of why the parties need longer than 2 hours.

  6. No Telephonic Appearances. No telephonic appearances are allowed for contested non-jury trials.

  7. Location and Commencement Time. Unless otherwise notified by the Court, all contested non-jury trials will be held in Courtroom 521 at the time reflected in the form order setting case for non-jury trial.


Scheduling of Hearings
Uncontested Motions/Uncontested Motions (“Plaintiffs Only” Uncontested MSFJ’s and DFJ’s).

  1. See (1)  SCHEDULING THROUGH JAWS GENERALLY (Applicable to All Hearings).
  2. See generally (5)  UNIFORM MOTION CALENDAR (UMC).

Contested 15 & 30-Minute Motion Hearings.

  1. See (1)  SCHEDULING THROUGH JAWS GENERALLY (Applicable to All Hearings).
  2. See (2)  DAILY HEARINGS (15 & 30 Minutes).

▪+30-Minute Motion Hearings.

  1. See (4)  DAILY HEARINGS (Exceeding 30 Minutes).

Order to Show Cause/Case Management Conferences.

  1. Dates set by Court.
  2. No telephonic appearances allowed.

 

Cross-Noticing of Motions. In general, cross-noticing is not permitted.  However, it is permissible at times.  Notice to all other parties is necessary.  The attorney hoping to add on the additional matter should e-file (clerk) AND upload into JAWS (court) the motion or other matter and notice of hearing AND follow the procedures set forth above and in (2) SCHEDULING THROUGH JAWS GENERALLY.  No other communication with the Court is required.

 

PLEASE NOTE HOWEVER, that subsequent, additional matters noticed for the same hearing time will be heard only if there is sufficient time to do so, AND the Court has sufficient time to properly prepare for the additional, cross-noticed matter.


Scheduling of Trials
Uncontested/Contested Non-Jury Trials.

Available Days. Available dates and times for both uncontested and contested non-jury trials may be viewed in JAWS.

 

Pre-trial Conferences.   AT THIS TIME, the Court will not require a pre-trial conference for every case set for trial.  A pre-trial conference may be requested by a party or the parties.  If a pre-trial conference is requested, please schedule a 15-minute pre-trial conference (See (3)  DAILY HEARINGS (15 & 30 Minute)) to occur no less than 10 days before the trial.

 

Mutually Agreeable Trial Date and Time.  If the date and time for the uncontested or contested non-jury trial have been agreed to by all parties, there is no need for a hearing to schedule the trial.  You may review and schedule available date and start times in JAWS at: www.jaws.fljud13.org under the drop down menu, event type “RMF – UNCONTESTED NON-JURY TRIALS” or “RMF – CONTESTED NON-JURY TRIALS,” as applicable.  Select the mutually agreed-upon date/time in JAWSDO NOT SCHEDULE A TRIAL DATE IN JAWS FOR A CONTESTED NON-JURY TRIAL UNLESS ALL PARTIES AGREE TO THE TRIAL DATE AND TIME.

 

Complete Form “Residential Mortgage Foreclosure Order Setting Non-Jury Trial and Directing Pre-trial Procedure.”  Within 24 hours of receiving the JAWS email notification confirming scheduling of the non-jury trial, complete and upload into JAWS (in PDF format) the most recently revised Residential Mortgage Foreclosure Order Setting Non-Jury Trial and Directing Pre-trial Procedure in PDF format, remembering to click the box next to “Proposed Order” to ensure the proposed order is uploaded to the queue. The form can be found on the Court’s website under “FORMS.” All properly associated counsel/parties will receive electronically conformed copies via e-mail. 

 

Pro Se/Self-Represented Parties. However, if one or more persons entitled to receive a copy of the trial order cannot be served by e-mail or is a pro se/self-represented party, the trial order must be submitted in traditional paper form, together with extra copies for conforming and stamped, pre-addressed envelopes for all parties.  Please review additional instructions for these types of submissions under (1)  PROPOSED ORDERS/JUDGMENTS/WRITS – SUBMISSION AND FORMAT REQUIREMENTS.
Failure to Timely Submit Order.  The Court may cancel and continue the non-jury trial for failure to timely submit the proposed Residential Foreclosure Order Setting Non-Jury Trial and Directing Pre-trial Procedure as indicated.  Only a signed order setting the case for a non-jury trial schedules a case for trial.

Contested Trial Date/Time.  If an Objection to a Notice of Trial has been filed or the parties are unable to mutually agree on a trial date and time, please set the Objection and/or the Notice of Trial for hearing on the RMF – Uncontested Motion Docket

 

Cancellation of Hearings/Trials
Cancellation of Uncontested Hearings.

Timely Notice Required. 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.

 

Two Business Days or Less Before 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 and, in any event, no less than 24 hours before the hearing.

 

Day of Hearing.  If the need for cancellation arises the day of 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 AND contact the Judicial Assistant by telephone no less than 60 minutes before the hearing.

 

Email Subject Line Requirements. 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.  If you would like to include your own file/reference/claim number, please do so at the end of the subject line.  For example, SCHEDULE:  15-CA-012345  SMITH/JOHNSON     [R#JKU2015].

 

Cancellation of Contested Hearings/15- & 30-Minute Hearings.

  1. See (3)  DAILY HEARINGS (15 & 30 Minutes) - ▪Cancellations of 15- & 30-Minute Hearings.

Cancellation of +30m Hearings.

  1. See (4)  DAILY HEARINGS (Exceeding 30 Minutes) - ▪Cancellations of +30m Hearings.

Cancellation of Pre-Trial Conferences/Trials

  1. PLEASE NOTE:  Pre-trial conferences and trials MAY NOT be cancelled by email, fax, or voicemail.


Settlement Before Trial (No Pre-trial Conference). To cancel a trial when the case settles (and there is no pre-trial conference), the plaintiff/plaintiff’s counsel must e-file (clerk) AND upload into JAWS (court) a letter to the Court advising the case is settled in its entirety as to all parties.  Once this is done, plaintiff/plaintiff’s counsel must email the Court at circivdivc@fljud13.org to trigger the cancellation of the trial.  A JAWS cancellation email will be generated.  Otherwise the parties/counsel for the parties must be present for trial.  PLEASE NOTE:  Written notification as set forth herein must be provided to the Court when a case settles before the parties are excused from appearing at a pre-trial conference or trial – NO EXCEPTIONS.

 

Settlement Prior to Pre-trial Conference. To cancel a pre-trial conference when a case with a scheduled pre-trial conference has settled, the plaintiff/plaintiff’s counsel must e-file (clerk) AND upload into JAWS (court) a letter to the Court advising the case is settled in its entirety as to all parties.  Once this is done, plaintiff/plaintiff’s counsel must email the Court at circivdivc@fljud13.org to trigger the cancellation of the trial/pre-trial.  A JAWS cancellation email will be generated.  Otherwise, the parties/counsel for the parties must be present for the pre-trial conference.

 

Settlement After Pre-trial Conference.  To cancel a trial when the case settles after the pre-trial conference, the plaintiff/plaintiff’s counsel must e-file (clerk) AND upload into JAWS (court) a letter to the Court advising the case is settled in its entirety as to all parties.  Once this is done, plaintiff/plaintiff’s counsel must email the Court at circivdivc@fljud13.org to trigger the cancellation of the trial.  A JAWS cancellation email will be generated.  Otherwise the parties/counsel for the parties must be present for trial.  PLEASE NOTE:  Written notification as set forth herein must be provided to the Court when a case settles before the parties are excused from appearing at a pre-trial conference or trial – NO EXCEPTIONS..

 

Deadline for Documentation of Settlement.  Absent prior Court approval, the parties shall have 30 days from the date of the “settlement letter” to (1) submit to the Court an agreed order of dismissal or a final judgment or (2) file a notice of voluntary dismissal or joint stipulation for dismissal, together with a completed Final Disposition Form.  The parties shall schedule the case for a case management conference to occur no later than 45 days from the date of the “settlement letter” if the case has not been dismissed or otherwise fully disposed of as set forth above.

 

Continuances of Trial/Pre-trial Conferences.  To continue a trial or pre-trial conference, the parties must comply fully with Fla. R. Civ. P. 1.460.  The Court does not grant continuances based solely on the stipulations of the attorneys or parties.  A motion for continuance must be placed on the UMC or otherwise set for hearing.  Although not preferred, the motion may be heard at the pre-trial conference.  If a trial is continued, a simple order continuing the trial does not place the case on the new docket.  Only a signed order setting case for trial and pre-trial or the Court’s “modified” order rescheduling the trial schedules a case for trial.


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” in the title or on the notice of hearing in a prominent location (Example:  NOTICE OF HEARING (TELEPHONIC)).

 

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

 

▪Attorneys appearing telephonically are to call the hearing line at 813.272.6870 beginning at 2:00 p.m. and will be placed on hold until the hearing is called.

 

▪If the line is busy, please keep trying.


Ex Parte Motions/Orders
Generally.  Pursuant to AO S-2016-060 (Paragraph 4.A.), all non-evidentiary motions may be ruled upon without a hearing at the Court’s discretion unless a hearing is required under section 702.10, Florida Statutes.  If a party requests the Court to rule upon a non-evidentiary motion without a hearing (i.e., on an ex parte basis), the party may upload a proposed order in pdf format to JAWS Division C work queue, together with an appropriate cover letter explaining why the relief may be granted without a hearing.

 

 (1)Submission Requirements.  The motion must be accompanied by a CONTEMPORANEOUSLY uploaded cover letter (See (1)  PROPOSED ORDERS/JUDGMENTS/WRITS – SUBMISSION AND FORMAT REQUIREMENTS).  The cover letter MUST enclose a courtesy copy of the motion which contains the certification required by AO S-2016-061 subparagraph 15.A. (Motions – Certificate by Attorney).  DO NOT UPLOAD THE COURTESY COPY OF THE MOTION AS PART OF THE PROPOSED ORDER.  In the description column, please fully describe the proposed order, e.g. “Proposed Order to Reschedule Sale”.  The proposed order also must have been submitted to the opposing party prior to uploading to the queue, and the cover letter must reflect that the opposing party has no objection to the proposed order or has not raised any objection thereto after five business days’ notice.

 

 (2)Party’s Objection to Proposed Ex Parte Order.  If a party opposes the entry of a proposed order which has been uploaded to the queue, the party should file an objection or memorandum in opposition to the motion within ten calendar days of receipt of the proposed order.  The Court may still rule upon the motion without hearing, or set it for hearing.


 (3)Hearing on Motion. If the Court fails to enter a proposed order submitted through JAWS within twenty days, either party may set the motion for hearing.

 

AO S-2015-061, Paragraph 15.C. . Depending upon the relief requested, the Court may require the moving party to comply strictly with the requirements of AO S-2016-061 Paragraph 15.C.  [PLEASE NOTE:  Simply uploading a cover letter and proposed order to the division work queue is insufficient because the other parties in a case do NOT receive an electronically generated notice and are NOT copied when an order is submitted/uploaded to the division work queue.]  To obtain ex parte relief in accordance with AO S-2016-061 Paragraph 15.C., the moving party shall comply as follows:

 

 (1) Email Request to Division. . The moving party shall FIRST, send an e-mail to the division e-mail address requesting the Court to consider the motion without a hearing and attach the motion to the email; SECOND, counsel must copy all parties or counsel for the parties on the email request; THIRD, if no objection to the email request is filed within 10 days of the date of the email stating good cause why a hearing on the motion should be granted or is required, counsel may then submit/upload in JAWS to the division work queue a proposed order granting the requested relief, together with an appropriately worded cover letter confirming that the requirements of AO S-2016-061 Paragraph 15.C. have been fully satisfied AND a courtesy copy of the motion attached to the letter.  The Court thereafter will review the proposed motion and cover letter and will then rule on the motion without a hearing or direct that a hearing be scheduled.

 

 (2) Email Form/Content. Please INCLUDE in the subject line of your email request the following language:  REQUEST AO S-2016-061 15.C. ORDER:  [Insert full case number] and [Insert full case name]  (Example: REQUEST AO S-2016-061 15.C. ORDER:  17-CA-123456  SMITH/JONES).

 

 (3)Proposed Order Form/Content.  Please INCLUDE in the proposed order the following language:  “THIS CASE came before the Court without hearing pursuant to Thirteenth Judicial Circuit Administrative Order S-2016-061 Paragraph 15.C.  The Court has considered the motion, together with relevant portions of the court file, and has been advised by counsel for Plaintiff/Defendant (insert appropriate party) that counsel has complied fully with the requirements of AO S-2016-061 Paragraph 15.C.  Accordingly, it is ORDERED as follows: …”.

 

Types of Ex Parte Motions Permitted. The following is a list of motions the Court may consider and rule upon without a hearing, upon a party’s proper submission as set forth above:

  1. -Agreed/Stipulated Orders
    -Motion to Substitute Party Plaintiff
    -Motion to Compel Discovery (must strictly comply with AO 2016-61, paragraphs 15 and 19)
    -Motion for Substitution of Counsel (must comply with Fla. R. Jud. Admin. 2.505)
    -Motion for Extension of Time (except for untimely motions to extend time for service)
    -Motion to Amend Complaint
    -Motion to Appoint Guardian or Attorney Ad Litem (with the order containing the name an address of individual to be appointed)
    -Motion for Judicial Default (attach copy of return of service)
    -Motion for Mediation [SEE Uniform Order of Referral to Foreclosure Mediation]
    -Motion to Reset Foreclosure Sale [SEE Uniform Order Rescheduling Foreclosure Sale]
    -Motion to Amend Certificate of Title
    -Motion for Order to Show Cause
    -Motion for Writ of Possession
    -Motion for Voluntary Dismissal (if requesting return of original documents, mail in the Motion, proposed order along with prepaid envelopes for clerk to return originals)
    -Motion to Vacate


Emergency Motions
Email Motion to Judicial Assistant. Once e-filed (clerk) AND uploaded to JAWS (court), the moving party shall email a courtesy copy of the emergency motion to the Court through the division email: circivdivc@fljud13.org.  If no confirmation of receipt of the emergency motion from the Judicial Assistant has been received by email within one hour, the moving party is directed to call the Judicial Assistant at (813) 272-6994.  The Court will review the emergency motion to determine whether a hearing is required and will issue the appropriate handling order.  There is no need to upload or send a proposed order to the Court.

 

Contents of Motion.  Please be sure to include in the motion the amount of hearing time needed AND, if applicable, a statement certifying compliance with the obligation to confer set forth in AO S-2016-061 subparagraph 15.A. (Motions – Certificate by Attorney).  Please note, the mere act of sending a letter to opposing counsel fails to satisfy the definition of “confer.”

 

Motions for Rehearing/Reconsideration/Clarification/New Trial
DO NOT set a Motion for Rehearing, Motion for Reconsideration, Motion for Clarification or Motion for New Trial for hearing.  Once the motion is filed, please deliver a hard copy of the motion, proposed order, and a cover letter to chambers (which reflects that all opposing counsel/parties have been copied on the letter and with the enclosure).  The Court will review motion to determine whether a hearing is required and will issue the appropriate order.  There is no need to upload or send a proposed order to the Court until you have received further instruction from the Court.

 

Mediation
The Court follows the mediation procedures set forth in paragraph 6 of AO S-2016-060.  Mediations will be conducted by the Hillsborough County Bar Foundation’s Residential Mortgage Foreclosure Mediation Program, unless otherwise requested.  If a party requests mediation, the party may file a Motion for Referral to Mediation and deliver a courtesy copy of the motion to the Court.  The Court will evaluate and determine, on a case by case basis, whether the case should be referred to mediation.  If the Court determines the case should be referred to mediation, the Court will direct the moving party to prepare and upload or submit in paper format a Uniform Order of Referral to Foreclosure Mediation, a copy of which may be found on the Thirteenth Judicial Circuit’s webpage at www.fljud13.org/forms.aspx .

 

“Service of Order” by Moving Party in Limited Circumstances.
Types of Proposed Orders.  Service of an order by a moving party/counsel on a pro se or self-represented party (as opposed to submission of a paper order and service by the Court) is permissible in limited circumstances.  The following is list of the types of proposed orders for which service by the moving party/counsel is permitted:

-Orders Granting Motion to Substitute Party Plaintiff
-Orders Granting Motion for Substitution of Counsel (must comply with Fla. R. Jud. Admin. 2.505)
-Orders Granting Plaintiff’s Motion for Extension of Time to Serve Initial Process on Defendant (except for untimely motions to extend time for service)
-Order Granting Motion to Appoint Guardian or Attorney Ad Litem (with the order containing the name an address of individual to be appointed and the exact names of all defendants for whom appointment is made)

 

Required Language in Order. The moving party shall insert the following additional language/paragraph in the proposed order:  “Counsel for plaintiff/defendant, (INSERT NAME OF MOVING PARTY), is ordered and directed to (a) serve a conformed copy of this Order on all other parties or their counsel no later than FIVE BUSINESS DAYS after the date of this Order AND (b) file a Notice of Service evidencing same with the Clerk of the Court.”

 

Consent Final Judgment
If all the parties to the case have consented, in writing, to the entry of a final judgment, they may mail in the signed stipulation and a complete final judgment package (in compliance with paragraph 9 of AO S-2016-60) for entry by the Court.

 

Writs of Possession
The Clerk of the Court no longer delivers writs to the Sheriff’s office.  Please e-file (clerk) and upload in JAWS (court) your Motion and upload a proposed order and Writ of Possession (two successive uploads) to the Division C work queue.  Once the writ has been issued, the writ along with the check to cover the fees will have to be delivered by your office to the Sheriff’s office.


-The Sheriff’s Office Civil Process Section is located on:
700 East Twiggs Street, 3rd Floor (813)242-5202.

 

Cancellation of Foreclosure Sale
Cancellation by Plaintiff Pursuant to paragraph 11.D. of AO 2016-060, a Plaintiff may file a Notice of Cancellation of Sale to cancel a sale any time before 8:00 a.m. on the day of the scheduled sale.  A Motion to Reset Sale will have to be filed and a proposed order uploaded through JAWS to obtain a new sale date.

 

Cancellation by Defendant. If the Defendant is the party requesting the cancellation, a Motion to Cancel Sale must be filed and a copy of the Motion with a proposed order must be mailed or hand-delivered to our office for review.  The Court will review the Motion and determine whether a hearing is required.

 

Pro Se/Self-Represented Parties With No Attorney - Generally
Our office cannot offer legal advice regarding how to proceed with your case.  If you have questions of a legal nature, you will need to seek legal counsel.  The following resources may be able to assist:

  1. The Hillsborough County Bar Association (“HCBA”) Lawyer Referral Service.  The HCBA Lawyer Referral Service’s website is: https://www.hillsbar.com/?LRIS, and its contact information is: 813.221.7780 or lris@hillsbar.com.
  2.  

  3. Bay Area Legal Services, Inc. (“BALS”).  BALS’s website is: https://www.bals.org/, and its address and telephone number are: 1302 N. 19th Street, Suite 400, Tampa 33605-5230, 813.232.1343 or 1.800.625.2257 or 1.800.955.8771 /TTY.
  4.  

  5. St. Michael’s Legal Clinic for Women and Children, Inc. (“SMLC”). SMLC’s website is: https://stmichaelslegalcenter.com/, and its telephone number is 813.289.5385.

 

Forms
Uniform/Model Orders/Forms.  The following forms can be found on the Thirteenth Judicial Circuit’s website at: http://www.fljud13.org/Forms.aspx :

  1. Affidavit of Compliance with Foreclosure Procedures
  2. Party’s Notification of Change of Status of Case
  3. Uniform Final Judgment of Foreclosure (revised March 2, 2015)
  4. Notice of Cancellation of Foreclosure Sale
  5. Uniform Verified Motion for Writ of Possession (revised September 1, 2015)
  6. Uniform Order of Referral to Foreclosure Mediation
  7. Uniform Order Rescheduling Foreclosure Sale
  8. Affidavit of Military Service
  9. Affidavit of Diligent Search and Inquiry

Division “C” Forms/Templates.  The following forms/templates and others can be found on the Court’s Judicial Directory Forms page at http://www.fljud13.org/JudicialDirectory/ElizabethGRice/Forms.aspx :

 

FORECLOSURE (EXCLUSIVELY)

  1. Residential Mortgage Foreclosure Order Setting Case for Non-Jury Trial and Directing Pre-Trial Procedure (Contested Trials – Revised 02/15/17)
  2. Residential Mortgage Foreclosure Order Setting Case for Non-Jury Trial and Directing Pre-Trial Procedure (Uncontested Trials – Revised 02/15/17)
  3. Order Identifying Procedures Applicable to Contested Residential Mortgage Foreclosure Non-Jury Trials (Revised 02/15/17)
  4. Order Setting Case Management Conference (Status Review/Resolution of Pre-Trial Matters
  5. Order Scheduling Case Management Conference (Time Period for Completion of Case Exceeded)
  6. Order Following Case Management Conference
  7. Style for Use in Residential Mortgage Foreclosure Cases

Cover Letters

  1. Entry of Proposed Order/Judgment/Writ - Hearing Held
  2. Entry of Proposed Order/Judgment/Writ - No Hearing Held
  3. Entry of Proposed Order/Judgment/Writ - Agreed Order/Judgment/Writ

(8) PRO SE / SELF-REPRESENTED PARTIES - SCHEDULING PROCEDURES
(GENERALLY) (Revised 1/27/17)
(9) JURY AND NON-JURY TRIALS/PRE-TRIAL CONFERENCES (Revised 1/27/17)
(10) MISCELLANEOUS (Revised 1/21/17)
(11) VIEWING FILED DOCUMENTS (HOVER) (Revised 1/27/17)
(12) HOW TO SEARCH AND FIND INFORMATION ON THIS PAGE (Revised 1/27/17)
(13) JAWS "HOW TO" GUIDE