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You are here: Judicial Directory > Rex M. Barbas > Procedures/Preferences

Procedures/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 with the Clerk of the Circuit

Mail or deliver hard copy
7 days prior to hearing

Yes, unless specified by the Judge Copies required. Mail or hand deliver Motion & NOH to JA

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

 

ORDERS - FORMAT AND PROCEDURE
  1. Orders should comply fully with Administrative Order Number S-2016-061.
  2. All Orders should be submitted through JAWS in pdf format unless otherwise specified by the Court.
  3. No Order should be submitted containing on the last page only the “Ordered this…” paragraph and signature line. Judge WILL NOT sign.
  4. Final Judgments shall state in the title the name of the defendant or plaintiff. Example: “Final Judgment Against Defendant, John Doe”, etc.
  5. 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
  6. Attorney’s fees will not be awarded by default judgment. File Motion for Summary Judgment or set matter for final hearing.
  7. 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.”
  8. 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.
  9. Orders on Motion to Withdraw must state: (For Individual) a. Matter is stayed for twenty (20) days to allow party to obtain nexw attorney. If new counsel does not file a Notice of Appearance within twenty (20) days then the party will be deemed to represent him/herself. b. “All future pleadings will be mailed to (name of party) at his/her address c. The (name of party) has an affirmative duty of notifying the Court of any change of address.”
  10. Orders on Motion to Withdraw must state: (For Corporation) a. 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. b. “All future pleadings will be mailed to (name of party) at its address (insert address) c. (name of party) has an affirmative duty of notifying the Court of any change of address.”
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 online scheduling program JAWS for 15, 30 and 60 minute hearings. Hearings exceeding 60 minutes must be set through the Judicial Assistant.
DAILY HEARINGS (15 & 30 and 60 MINUTES)
  1. Use JAWS for 15, 30 and 60 minute hearings.
  2. DO NOT schedule 15 minute hearings in 30-minute time slot.
  3. Send courtesy copies of motion and notice of hearing to JA via US Mail or hand delivery 7 days prior to hearing.
  4. Under Administrative Order S-2016-061 page 7 under section “C”, cross-noticing is prohibited.
  5. Telephonic appearances are permitted. Please contact CourtCall 888-882-6878 to schedule.
  6. Hearings exceeding 60 minutes must be approved by Judge. Please contact JA.
UNIFORM MOTION CALENDAR (UMC)
  1. Use JAWS to schedule. (attach link)
  2. Non-Discovery matters only.
  3. No Motions to Compel.
  4. No UMC hearing should be set on less than 48- hour notice.
  5. Motions will be allowed five (5) minutes per side, not to exceed 10 minutes per case. NO Discovery, Contempt, Evidentiary or Emergency hearings on the UMC docket.  
  6. The original notice of hearing and motion must be filed with the Clerk and courtesy copies sent to J.A. via US Mail or hand delivery only.
  7. Telephonic hearings are permitted, contact CourtCall to schedule 888-882-6878.
  8. No witnesses permitted on UMC docket hearings.
JURY AND NON-JURY TRIALS (NON-FORECLOSURE)
  1. Coordinate trial availability with all parties. (Dates are published on Judge Barbas’ website under schedule) Once CLEARED, contact the J.A. to confirm trial dates, if open, the J.A. will provide time specific for the Pre-Trial Conference.  If the trial month is not “open”, the J.A. will put you on the list for that month and once the Judge has opened that trial month, the J.A. will call all parties and provide the specific dates and times of PTC.
  2. Counsel must sign a Joint Stipulation setting trial and state the number of days it will take to try the case.
  3. If parties are unable to agree to a trial date, set motion for hearing on the UMC docket.
  4. Once the J.A. provides the time specifics for trial, it is the Plaintiff’s responsibility to submit the Uniform Order Setting Cause for Trial and Pre-Trial (Jury or Non-Jury) via JAWS in pdf format for Judge’s signature.
  5. 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 UMC docket.
  6. 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 have motions heard. Please contact the Judicial Assistant to schedule the motion in limine.
  7. 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.
MORTGAGE FORECLOSURES

Pursuant to AO 2016-043, Residential Foreclosures Division “N” is abolished effective January 1, 2017. Times have been designated for foreclosure hearings in categories: Please set foreclosure trials and motions on the designated times reserved in JAWS.

FORECLOSURE HEARINGS

Please use the time slots designated for Foreclosure cases: “Contested Motions”, “Uncontested Motions” and Non-Jury Trials. Contested motions are allowed ten (10) to fifteen (15) minutes each case. Uncontested hearings are allowed five (5) minutes, per case.

UNCONTESTED MOTIONS including (UNCONTESTED MSJ’s)

These hearings are to be scheduled on JAWS, under
“RESIDENTIAL FORECLOSURE UNCONTESTED MOTIONS”

  1. Uncontested hearings are designed for five (5) minutes, per case.
  2. The moving party should provide the court with their proposed Order/Judgment at the hearing, include extra copies for conforming and pre-addressed stamped envelopes for all parties.
  3. If the moving party will be appearing telephonically, documents should be sent to the Judge’s chambers at least five (5) working days prior to the hearing, include extra copies for conforming and pre-addressed stamped envelopes for all parties.
  4. To appear by phone you must use CourtCall 888-882-6878.
  5. This is a multi-case docket. We expect parties to respect the timeframe designated for this docket.
  6. Uncontested Summary Judgment Motions Plaintiff must bring a complete final judgment package to the hearing, (including Final Disposition form) that complies with paragraph 10 of the AO 2015-049 to the Judge’s chambers with copies and pre-addressed stamped envelopes.
CONTESTED MOTIONS

These hearings are to be scheduled on JAWS, under
“RESIDENTIAL FORECLOSURE CONTESTED MOTIONS”

  1. Contested motions are allowed ten (10) to fifteen (15) minutes each case.
  2. The moving party should provide the court with their proposed Order/Judgment at the hearing, include extra copies for conforming and pre-addressed stamped envelopes for all parties.
  3. If the moving party will be appearing telephonically, documents should be sent to the Judge’s chambers at least five (5) working days prior to the hearing, include extra copies for conforming and pre-addressed stamped envelopes for all parties.
  4. We expect parties to respect the timeframe designated for this docket.
  5. To appear by phone you must use CourtCall. 888-882-6878.
NON-JURY TRIALS

These hearings are to be scheduled on JAWS, under
“RESIDENTIAL FORECLOSURE CONTESTED MOTIONS”

  1. One Thursday a month is designated for contested Non-Jury Trials.
  2. Check JAWS for available dates under the dropdown of “Residential Foreclosure Non-Jury Trials.
  3. Coordinate a date with opposing parties and schedule your trial on JAWS.
  4. After scheduling on JAWS, prepare the ‘Residential Foreclosure Order Setting Non-Jury Trial and Directing Pre-trial Procedure” form which can be found on the Court’s website on Judge Barbas’ webpage under FORMS.
  5. Upload the Prepared Order in PDF format to JAWS for electronic signature in the Judge’s “Queue” in the “Proposed Order” section. Attorneys will receive electronically conformed copies via e-mail.
  6. If one or more person entitled to receive a copy cannot be served by e-mail or is a pro se litigant, the Order must be submitted in traditional paper form, provide copies, and pre-addressed stamped envelopes.
SELF-REPRESENTED LITIGANTS

Viewing documents filed:
To view any documents filed in your case, please visit https://hover.hillsclerk.com
The Hillsborough Online Viewing of Electronic Records (HOVER) provides remote viewing of court records maintained by the Hillsborough County Clerk of the Circuit Court.  On this site, attorneys of record and Self-Represented Litigants (pro-se) will have access to search case indexes and view case progress dockets and images not sealed or made confidential by Florida Rules of Judicial Procedure or court order. For issues or concerns, e-mail hover@hillsclerk.com or call (813) 307-7180.

Scheduling hearings:
The court only enters rulings on written documents which have been properly filed, either electronically through the Florida Courts E-Filing Portal, or in paper form by filing with the clerk. After a document is properly filed, the court will not take any action on it until a hearing is held. To schedule a hearing after the motion is filed, e-mail a request for hearing to gencivdivj@fljud13.org copying all associated parties to the case.
If you do not have access to e-mail you may submit the request in paper form to Division J, 800 East Twiggs Street, Suite 512, Tampa, FL  33602 (phone:  813-272-6991).

The request must contain:
  1. the title of the motion requiring hearing time;
  2. the date the motion was filed with the clerk;
  3. the amount of hearing time requested;
  4. the date of the trial, if applicable.
  5. phone number for self-represented litigant (if no access to e-mail)

The Judicial Assistant will e-mail available times to all sides. After coordinating the responses (by either phone or e-mail), the court will schedule the hearing which will appear on the court’s daily  JAWS docket (not the clerk’s docketing system). Upon receipt of the JAWS scheduling e-mail, it is the responsibility of the moving party to file the notice of hearing with the clerk to give legally effective notice to all parties. Scheduling through JAWS does not substitute for filing a notice of hearing with the clerk.  ALL PARTIES MUST BE SENT A COPY OF NOTICE OF HEARING, NO EXCEPTIONS!

Legal or Procedural Advice 
The court cannot give parties or attorneys legal or procedural advice. HCBA Lawyer Referral Service (813) 221-7780

Parties unable to e-file should file all original documents with the Clerk of Circuit Court: 

Hand Delivery: Room 101, Edgecomb Courthouse, 800 East Twiggs Street, Tampa, FL 33602

Mail: Clerk of the Circuit Court, Circuit Civil Division, PO Box 989, Tampa, FL 33601

Telephone Contact: Clerk’s Office, Circuit/Civil Division: 272-8100 extension 4365 

Weblink: http://www.hillsclerk.com/publicweb/home.aspx