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Procedures/Preferences

We are accepting motions and orders through JAWS

 

IF YOU DO NOT HAVE A LAWYER: THE JUDICIAL ASSISTANT CANNOT answer your legal questions, and will not explain your situation to the Judge. Your opportunity to speak to the Judge happens in Court only.


COMMUNICATION WITH THIS OFFICE: The preferred form of communication for setting and cancelling hearings is by e-mail at FamLawDivF@Fljud13.org. The following should be included in the email: case number, case name, what you are asking to be set, and how long you will need for the hearing.


CANCELLLATION OF HEARING: DO NOT CANCEL A HEARING WITHOUT NOTIFICATION AND AGREEMENT OF ALL PARTIES. A notice of Cancellation MUST be immediately e-filed with the Clerk of Court AND a courtesy copy of said Notice of Cancellation sent to the division e-mail address at FamLawDivF@fljud13.org


MOTION DOCKET:  

Division F now offers a MOTION DOCKET for non-post-judgment cases.  If your Motion is a post-judgment Motion, IT MUST be referred to the General Magistrate and not scheduled on this new docket.  This docket will be available on-line through JAWS (similar to our Open Docket) for you to schedule hearings up to 30 minutes in length.  The Motion Docket is for 15- or 30-minute hearings. If you are unable to clear time on an available Motion Docket, you may e-mail the JA to obtain alternative hearing times, cc-ing all parties.  

ATTORNEY CMC DOCKET:

This Docket is used for a Status Conference, a 5 minute Motion, a Uncontested Motion or for a Uncontested Final Hearing. Each side has 3 minutes to argue the motion/issues.

TRIALS: To schedule a trial, please visit the Judge's website at Fljud13.org and look under schedule in Judge Tibbals to find available trial periods. Coordinate with opposing counsel or pro-se litigant. Once the period is agreed upon, please e-mail the Judicial Assistant with the agreed period. (include in the email, the amount of time that the parties believe the trial will take) The Judicial Assistant will give you the pre-trial time and trial day(s) for the trial. It is the responsibility of the party setting the trial to prepare the Order setting trial and upload it through JAWS for the Judge's signature.


SKYPE HAS ARRIVED!
‘Skype’ video conferencing technology is now available in our courtroom.  A party, attorney 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 Tibbals Judicial Assistant to arrange for same.  You MUST inform the Judicial Assistant by e-mail of your desire to use Skype and the other party’s agreement to same. Attorneys or Self- Representing Individual's appearing by Skype MUST contact the Judicial Assistant at least 72 hours in advance of the hearing to arrange the set-up connection. Any Witness's that are appearing by Skype, please have the party set up your Skype appearance for you.

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. That number is 813-272-6236.


SUBMITTING ORDERS
Orders are accepted by either hard copies or electronic through JAWS. Incoming Withholding Orders can now be uploaded into JAWS. If one of the parties are representing themselves, the Order can still be uploaded into JAWS. However, if the individual that is representing themselves does not have a email address associated with the case, then you will be responsible for mailing them a copy of the order, if you chose to upload the order into JAWS for electronic signature. PLEASE DO NOT SUBMIT BOTH WAYS.

SCHEDULING HEARINGS
The preferred method for scheduling in Division F is by JAWS. Anything more than 30 minutes the preferred method is e-mail request rather than telephone.   For any scheduling request, the requesting party shall e-mail the Judicial Assistant for hearing time(s) and copy the opposing party.  The Judicial Assistant shall provide a minimum of two available dates/times to the requesting party, also with a copy to opposing party by “replying to all.”  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 two business days of receiving the request.  If the responding party or attorney fails to respond within two business days of the request, the requesting party may pick the hearing date and time of his/her choice.
The ability of the requesting party to choose a hearing date of his/her choice is an option only if:

  • There has been no response from the responding party or attorney within two business days of the request or
  • The requesting party is not 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

Only after the court confirms date in the e-mail, file and serve Notice of Hearing.  If the parties cannot agree on any of the offered dates, ask (once) for new set of dates.  If the parties cannot choose from the second set of dates, notify the court of the scheduling impasse.  When the parties impasse, the court sets the hearing without regard to the schedules of either party or attorney.  


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


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 CANCELLED 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 F 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. DO NOT deliver a copy to the judge. 
3. The Clerk will bring the court file and the docketed motion to the Judge’s chambers for review.
4. The judicial assistant will fax, e-mail or mail a copy of the Judge’s decision regarding the emergency status of the motion to both parties.


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.  

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.

DISSOLUTION OF MARRIAGE 
Review the Requirements for dissolution of Marriage.