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You are here: Judicial Directory > Nick Nazaretian > Procedures/Preferences

Procedures/Preferences

To Read More Regarding Specific Categories, Please Click on the Following Links:

Scheduling

Post-Judgment Cases

SKYPE

Attorney Motion Docket

Uniform Motion Calendar/Uncontested Final Hearing

Temporary Relief

Emergency Motions

Trial

Proposed Orders


All cases NEW AND REOPENED will be referred to Mediation prior to a court date being set for hearings. ALL PARTIES SHOULD BE FAMILIAR WITH THE FOLLOWING: Administrative Order on Family Law Procedures- 
http://www.fljud13.org/Portals/0/AO/DOCS/2013-042-S.pdf


SCHEDULING HEARINGS: ALL SCHEDULING IS VIA EMAIL COMMUNICATION ONLY
The preferred method for scheduling in Division E is by e-mail request rather than telephone. (For hearings with testimony and/or lasting more than 10 minutes) (If hearing does not require testimony and will last no longer than 10 minutes you can check JAWS for Open Docket dates and schedule them using JAWS.) For pro se parties, please contact the Judicial Assistant via email (preferably). Please remember copy the opposing party on all emails. The Family Law Division Email Address is famlawdive@fljud13.org.

1. For any scheduling request, the requesting party shall email the Judicial Assistant for hearing time(s) and length of time needed for the hearing. Make sure to copy the opposing party in the email.
2. The Judicial Assistant shall provide a minimum of 2 available dates and times to the requesting party, and will also cc the opposing party by “replying to all”.
3. IF the requesting party sends the dates to the opposing party or attorney (whichever is applicable) by e-mail or facsimile, that responding party or the attorney’s office is responsible for responding with his/her availability within 2 business days of receiving the request.
4. If the party or attorney fails to respond within 2 business days, the requesting party may pick the hearing date and time of his/her choice. Coordination is to be between the parties; not utilizing the Judicial Assistant as a go-between. This option is not available for hearings if the requesting party is attempting to clear the date with the other party or attorney by telephone as there will not be a paper trail of the scheduling attempts.
5. Only after the court “CONFIRMS” the date and time of the hearing shall the party file and serve Notice of Hearing.
6. If the parties cannot agree on any of the offered dates, parties may ask (once) for new set of dates.
7. If the parties cannot choose from the second set of dates, notify the court of the scheduling impasse.
8. When the parties impasse, the court sets the hearing without regard to the schedules of either party or attorney.
9. If the Court schedules the hearing, the attorney seeking the order will supply it via e-mail, or with copies and envelopes. 

 

SKYPE HAS ARRIVED!
‘Skype’ video conferencing technology is now available in our courtroom. A party, attorney, and/or a witness who lives over 100 miles from Tampa or a local witness or expert upon which both parties agree may appear by Skype may contact Judge Nazaretian’s Judicial Assistant to arrange to appear. You MUST inform the Judicial Assistant by e-mail of your desire to use Skype and the other party’s agreement your appearance. Any witness appearing by Skype MUST contact the Judicial Assistant at least 72 hours in advance of the hearing to arrange the set-up connection and provide Judicial Assistant with ‘Skype’ ID. Please note Skype will NOT be available at case management conferences or on the Open Docket as the courtroom may be too full to accommodate this.

TELEPHONIC APPEARANCES
Telephonic Appearances are on a case by case basis. You will need to file a motion and order through JAWS (Pro Se by paper, mail or hand delivery). In the motion, it needs to state all parties’ position. If you are representing yourself, you will need to have a Notary present at the time of the hearing. The individual phoning in to the hearing, is responsible for calling the hearing line at the time of the hearing.

The number is 813-272-6997.

 

Post-Judgment Matters

EVERY MOTION FILED AFTER A FINAL JUDGMENT HAS BEEN ENTERED IS TO BE REFERRED TO THE GENERAL MAGISTRATE.


ATTORNEY MOTION DOCKET

The Attorney Motion Docket will be available on-line through JAWS (similar to our Open Docket) for you to schedule hearings up to 30 minutes in length. Please make sure to give the opposing side the same amount of time to present; therefore, schedule accordingly. The Motion Docket is for 15- or 30-minute hearings (you may reserve up to two 15-minute blocks of time) and it is the responsibility of the scheduling party to order the court file from the Clerk at least two (2) days in advance of the hearing. If you are unable to clear time on an available Motion Docket, you may contact the JA to obtain alternative hearing times. 

OPEN DOCKET: UMC
(Uniform Motion Calendar) and UNCONTESTED (Final Hearings)
No Adoptions will be held on this docket. This is a MULTI-CASE docket. There will be either a 30 minute docket or a 60 minute docket in which 7 or 15 cases may be scheduled. Due to the nature of JAWS and its visibility to outside parties, parties may believe they are setting a hearing for the full 30 or 60 minutes. THIS IS NOT THE CASE. When setting a hearing on the UMC/Uncontested Final Hearing docket, parties should bear in mind that this docket is expressly for hearings LASTING 5 MINUTES OR LESS.  

BEFORE SCHEDULING FOR FINAL HEARING OR POST JUDGMENT MATTERS, PLEASE NOTE THE FOLLOWING:

§  To schedule please log in to JAWS.

§  All cases must be MEDIATED within six (6) months of the Final Hearing (and have parenting course completed if children involved) before the final hearing is heard by the court.

§  Contact the Judicial Assistant via e-mail to confirm available trial weeks and then coordinate with opposing party. The opposing party must be copied.

§  Copy of notice and motion need not be delivered to the court.

§  Attorneys must order files for their hearings. For court file, see Procedure-UMC/Uncontested.

§  Sign-up by attorney only for all uncontested hearings.

§  Hearings are no longer than five (5) MINUTES on each case.

§  No witnesses on UMC cases.

§  No evidentiary hearings at UMC.

§  Attorneys must set UMC and Uncontested Hearings in JAWS or by e-mailing the JA. Do not just pick a day and file a Notice of Hearing. 

 

TEMPORARY RELIEF HEARINGS

1.  IMPORTANT- If the moving party fails to schedule and cooperate in attending mediation prior to the temporary hearing, the hearing WILL BE CANCELED by the Court.  If the non-moving party is the party not cooperating, that matter will be addressed by the Court at the temporary hearing and sanctions may be entered.

•   MEDIATION IS MANDATORY PRIOR TO TEMPORARY RELIEF HEARINGS: Absent prior leave of Court, Division E requires mediation to have been completed before convening any hearing seeking any form of temporary relief in accordance with Administrative Order 2013-075, § 15. Any party may set or schedule a temporary relief motion for hearing in accordance with the applicable rules and orders governing scheduling of hearings. However, if a mediation conference has not been completed prior to the date and time set for the temporary relief hearing, that hearing will not go forward.

2.  At least 48 hours prior to the temporary relief hearing, the moving party will file an original and serve a copy on all parties, including the Judge, a Temporary Relief Hearing Memorandum.  A proposed Parenting Plan is required if the case involves minor children. 

 

 

EMERGENCY MOTIONS
1. No party or attorney should file an emergency motion without first studying: Smith v. Crider, 31 F.L.W. D1018 (2d DCA April 7, 2006).
2. File the original motion with the Clerk of Circuit Court, Edgecomb Courthouse, first floor, 800 East Twiggs Street, Tampa, FL 33602.
3. The Clerk will bring the court file and motion to the judge's chambers for review.
4. The Judicial Assistant will contact the party filing the motion and notify them of the judge's decision regarding the emergency status of the motion.
5. Copies of the motion will not be accepted by hand delivery, fax or mail in the Judge's chambers.
6. If you file an emergency motion, please make sure that you have contact information for the Judicial Assistant.

POST JUDGMENT HEARINGS

§  All post judgment matters must have an order of referral to the General Magistrate filed at the same time the motion is filed.

§  All post judgment matters MUST be mediated prior to the scheduling of any hearings.

§  You must e-mail the Judicial Assistant to schedule post judgment hearings.

• All post judgment child support issues must be heard by the General Magistrate.

§  Copy of notice and motion need not be delivered to the court.

§  For your convenience, the Administrative Order regarding General Magistrates can be found at http://www.fljud13.org/Portals/0/AO/DOCS/S-2013-055.pdf.


TRIAL/FINAL HEARING

§  Judge Nazaretian does not have a trial week. Trials set are date certain.

§  Judge Nazaretian does not hold pre-trial conferences, unless specifically requested by parties. A Case Management Conference will be held 4-6 weeks prior to trial in order to provide parties the opportunity to have outstanding issues addressed (in future hearings) and deadlines normally associated with an Order Setting Trial/Pre-Trial Order.

§  Parties are required to provide to the Judge no later than 7 days prior to trial, a Pretrial Memorandum, outlining the issues to be addressed and the specific requests by parties, as well as any information that would enable the judge to conduct the trial expeditiously (provided it conforms with the applicable Rules of Procedure. Failure to provide a timely memorandum may result in the case being cancelled.

•  This Court will NOT accept Binders that are larger than 4 inches at trial. Please make sure that your binders are less than 4 inches.

§  Discovery must be exchanged at least ten days prior to a trial/final hearing.

 
****SUBMITTING ORDERS
Orders are accepted by either hard copies or electronic through JAWS. Incoming Withholding Orders, QDRO's and ORDERS with a Prose party are to only be submitted by hard copy with self-addressed envelopes. PLEASE DO NOT SUBMIT BOTH WAYS.

1st CASE MANAGEMENT
Either Party may move the Court for entry of an Order continuing the first case management conference to a later date by sending to the Judge's chambers a jointly-signed statement and Order ratifying same that states:  (1)  Service of Process has been effectuated and an Answer or responsive pleading has been filed; (2)  both parties have exchanged Financial Affidavits and complied with mandatory disclosure requirements;  (3)  if there are minor children, that both parties have completed the parenting course and filed their Certificates of Completion;  (4)  that mediation has been completed or is scheduled and will not be canceled except by Order of Court;  (5)  the date and time of the new Case Management Conference that has been provided by the JA and cleared by both parties, which conference shall be within 60 days of the originally-scheduled date.

TELEPHONE CONFERENCE WITH THE JUDGE

If you have an upcoming hearing and would like to schedule a conference with the Judge to discuss any issues with the case, please contact the JA in order to arrange a meeting time. The Judge is working to help attorneys for each side resolve issues so the case can move along more efficiently. Both sides must be available for the conference call. The Judge cannot just speak with one side.

If you have an upcoming trial, the Judge strongly encourages arranging a phone conference in order to go over issues in the case. Please contact the JA to schedule a phone conference. Reminder: Attorneys from both sides need to be present on the Phone Conference. Also, Phone Conferences are scheduled as time permits on the judicial calendar.

                              
PLEASE NOTE:  RESPONSES TO MOTIONS AND COPIES OF CASE LAW MUST BE DELIVERED OR FAXED TO THIS COURT FIVE (5) BUSINESS DAYS BEFORE THE HEARING TO ENABLE A REVIEW BY THE COURT.  ANY RESPONSES TO MOTIONS AND COPIES OF CASE LAW DELIVERED OR FAXED TO THIS COURT LESS THAN FIVE (5) BUSINESS DAYS BEFORE THE HEARING WILL NOT BE REVIEWED OR CONSIDERED AT THE HEARING.

 

BEFORE SCHEDULING A HEARING, PLEASE MAKE SURE THAT ALL PARTIES, INCLUDING THE JUDGE HAVE A COPY OF THE MOTION(S) TO BE HEARD.  A HEARING IS NOT TO BE SET UNTIL ALL PARTIES HAVE A COPY OF THE MOTION(S). YOU MAY E-FILE AND ELECTRONICALLY SERVE THE SAID MOTION TO ALL PARTIES. AS LONG AS THE MOTION THAT IS SET FOR A HEARING IS E-FILED, IT IS NOT NECESSARY TO EMAIL THE SAID MOTION TO THE JUDICIAL ASSISTANT.  


EFFECTIVE OCTOBER 2009
Pursuant to Administrative Rule S-2009-106 Family Law Procedures, this court will no longer hold orders awaiting objections (or lack thereof) from the opposing party. Please submit the proposed order when it has been approved by both sides. If both sides cannot reach an agreement, please email our office for a hearing time and date. A cover letter must be accompanied with your proposed order indicating that the opposing side agrees with the form and content. Stamped and addressed envelopes and sufficient copies must also be included.

Do not submit an Order to JAWS that you know is not being agree to. Objections to the Proposed Order must be specific and in writing, and received by the Court and opposing counsel at least 24 hours prior to the hearing date or time (email is sufficient.) If this procedure is not followed, it is likely the Order will be entered as proposed.

Proposed Orders of Withdrawal must include the clients contact information: ADDRESS, PHONE NUMBER, and AS WELL AS AN EMAIL ADDRESS and a NEW CMC DATE for the client to attend.