General Magistrate Cheryl Mason’s
Procedures/Preferences for Family Law Hearings
For all cases all parties should review the current Administrative Order-Domestic Relations/Family Law information and procedures which can be accessed by clicking on the link and following the specified tabs: www.fljud13.org
Administrative Orders > Unified Family Court > Domestic Relations/Family Law
COMMUNICATION
The preferred form of communication for setting hearings or general inquiries is by email to the Administrative Assistant at gmfam5@fljud13.org.
A party is authorized to contact the General Magistrate's office by email on matters related to the Court's schedule and attendance in Court. The General Magistrate’s Administrate Assistant cannot give legal advice.
The Administrative Assistant CANNOT answer your legal questions and will not explain your situation to the General Magistrate. You will have the opportunity to do so at your scheduled hearing. If you need legal assistance, you may contact the Legal Information Center located at 800 E. Twiggs St., Room 101, Tampa, FL 33602; www.bals.org/lic; or you may call the office at (813) 864-2280.
All requests to speak to the General Magistrate on the telephone or have a private conference will be refused. Letters written to the General Magistrate which offer or seek to discuss evidence in the case or attempt to influence the General Magistrate's decisions in the case are strictly forbidden by ex parte rules governing verbal and written communication.
The role, function of, and limitations on General Magistrates are specifically described in Florida Family Law Rule of Procedure 12.490.
The role, function of, and limitations on Child Support Hearing Officers are specifically described in Florida Family Law Rule of Procedure 12.491.
HEARINGS
All hearings for thirty (30) minutes or less (except for Pre-Trial Conferences) shall be conducted remotely via Zoom™. Please see below regarding the necessary Zoom™ information.
All evidentiary hearings for more than thirty (30) minutes will be held in-person in Courtroom 407 at the Edgecomb Courthouse unless otherwise approved by the Court.
ALL HEARINGS WILL BE DIGITALLY RECORDED; however, if an attorney or party wishes to utilize the services of their own court reporter, they will be required to provide all information necessary for the court reporter to attend the hearing.
Scheduling: Hearing times for the General Magistrate are not available in JAWS. You must contact the office by emailing gmfam5@fljud13.org to obtain hearing dates and times from the Administrative Assistant. The following information should be included in all emails: case number, case name, what you are asking to be set, and how long you will need for the hearing. Please request sufficient time for both parties to present their case, the time requested will be equally divided between the parties.
Please note any hearing greater than two hours requires an Order Setting Pre-trial Final Hearing and Pre- Trial Conference (see pre-trial conference hearings below).
Contact the General Magistrate’s Administrative Assistant for details (see pre-trial conference hearings below).
Order of Referral: All matters must have an Order of Referral to the General Magistrate with the exception of cases that are limited to child support issues only. If you do not have an Order of Referral, the form can be obtained by clicking on the following link and following the instructions included on the form:
Mediation Requirements: All issues with the exception of Motion(s) for Contempt MUST be mediated prior to the hearing. However, you may schedule a hearing with the General Magistrate (for a date and time after mediation) before the mediation is held.
Notice of Hearing: The original of the Notice of Hearing before General Magistrate should be filed with the Clerk of Circuit Court by either party at least 5 business days prior to the hearing at http://www.flcourts.org/core/fileparse.php/293/urlt/920c.pdf. A copy of the Notice of Hearing must be served upon opposing counsel/unrepresented party and a courtesy copy emailed to gmfam5@fljud13.org, or delivered to the Magistrate’s mailbox, located on the fourth floor. All notices of hearing must be consistent with the current administrative order for Domestic Relations/Family Law Cases. All pleadings or motions seeking relief must be served on the party or counsel not less than five (5) business days prior to the hearing. If motions or pleadings are not timely served, the Court may continue the hearing to a later date. The Notice of Hearing form can be accessed by clicking on the following link: Notice of Hearing before General Magistrate.
Documents/Exhibits:If you would like to have the Court consider any documents/exhibits at your hearing, at least five (5) days before your scheduled hearing, you must drop off a hard copy of your exhibits to Suite 407 at the Edgecomb Courthouse and provide copies to the opposing party. Please DO NOT file these documents. Your documents must contain your case number and be pre-marked using numerals only.
PLEASE NOTE: Your documents must be received at least five (5) days prior to your hearing date in order for the documents to be considered at the hearing. This will be strictly enforced.
PLEASE NOTE: Any document entered into evidence becomes a public record, so it is your responsibility to redact any confidential or sensitive information prior to filing (e.g. social security number(s), bank account number(s), etc.).
SPECIAL RULES FOR EVIDENTIARY HEARINGS:
- No later than five (5) days prior to the hearing, each party must provide to the Court, and the opposing side, copies of any exhibits, summaries, or case law to be used or referred to during the hearing or offered into evidence. No additional documents or exhibits may be emailed to the General Magistrate.
- All exhibits shall be pre-marked using numerals only.
- All documents submitted must include the style of the case and the case number.
- All confidential information shall be redacted by the individual submitting the proposed exhibit (including, but not limited to, information such as account numbers, Social Security numbers, and dates of birth).
- All parties are responsible for securing the attendance of any witnesses they wish to call via Zoom, by providing those witnesses with any and all procedural requirements for attending a Zoom hearing listed herein, as well as the Zoom Meeting ID and password.
- All parties SHALL reserve and schedule sufficient time for the hearing to be concluded, while affording BOTH sides equal hearing time. This means that if you believe you need 30 minutes to present your case, you must reserve 60 minutes for your hearing so that each party has an equal amount of time to present their respective cases.
ZOOM INFORMATION
The Court’s Zoom™ link is https://fljud13-org.zoom.us/j/97719951726.
Zoom™ meeting ID is 977-1995-1726
Zoom™ password is 473583
***PLEASE BE IN A QUIET ROOM OR AREA WHEN APPEARING FOR YOUR HEARING AND DRESS AS THOUGH YOU ARE APPEARING IN COURT***
No other parties should be present in the room, absent Court approval.
Please make arrangements for childcare while the hearing is being conducted.
Please dress, look, and behave as if you are in the courthouse.
Please have a stable internet connection.
Please identify (rename yourself) with your full legal name; avoid identifying yourself with nicknames or with the device’s default name setting.
Please do not walk around while the hearing is taking place; do not appear while driving a vehicle.
Please have the camera directed toward your face.
Failure to comply with the Zoom™ requirements set forth above may result in your hearing being canceled, rescheduled, and/or all future hearings being conducted in-person only.
If you have issues connecting to a hearing, immediately contact the General Magistrate's Administrative Assistant, Janice Hernandez, DURING YOUR HEARING TIME by phone at 813-276-2335, or by email at Janice.Hernandez@fljud13.org for further instructions or assistance.
GENERAL COURTROOM CONDUCT AND BEHAVIOR (INCLUDING ZOOM HEARINGS)
All Court proceedings shall be conducted with dignity, decorum, courtesy, and civility.
The use of cellular telephones, pagers, iPods, video and voice recording devices, PDAs and other forms of electronic equipment are prohibited in the hearing rooms. All cellular telephones and pagers must be turned off prior to entering the hearing room. Failure to comply with this order may result in the initiation of contempt proceedings against you by the Court.
CHILDREN IN COURT
Pursuant to Florida Family Law Rule of Procedure 12.407: "No minor child shall be deposed or brought to a deposition, to court to appear as a witness or to attend a hearing or be subpoenaed to appear at a hearing without the entry of a prior order of the court authorizing same, based on good cause shown unless in an emergency situation."
EMERGENCY HEARINGS
If a matter is emergency, as defined by case law and the Circuit's Local Rules, then, by definition, it is not appropriate for referral to a General Magistrate and should be referred to the presiding Circuit Judge for processing and immediate action. If the Circuit Judge deems the issue not an emergency and refers it to a General Magistrate, it shall be set in the normal course.
HEARING CANCELLATION
Hearing(s)/Trial(s) greater than two hours: All hearings scheduled for two (2) hours or more may not be canceled without approval of the court, after notice to all parties of record.
Hearings for less than 2 hours may be canceled upon 24-hours’ notice by the attorney or party scheduling them after notifying the opposing party or their counsel and the Court. If a hearing needs to be cancelled, the party scheduling the hearing shall also file a Notice of Cancellation with the Clerk of Circuit Court and email a copy to gmfam5@fljud13.org.
PRE-TRIAL CONFERENCE HEARINGS
All hearings scheduled for two hours or more require a pre-trial conference hearing and will be scheduled by order of the Court. Said hearing may not be cancelled without prior approval of the Court, after notice to all parties of record.
The party/attorney requesting the hearing should file with the Clerk of Circuit Court an Order Setting Final Hearing and Pretrial Conference on Post Judgment Relief:
http://www.fljud13.org/Portals/0/Forms/pdfs/family/Final%20Hrg%20Pretrial%20Conf_postjud.pdf
PIGGYBACKING MOTIONS
There will be no cross-noticing of hearing time or “piggybacking” one motion upon a previously scheduled
motion(s) without timely notice to the parties and the Court.
No “piggybacked” motion(s) will be heard unless it is determined by the Court that the docket will accommodate the hearing of the additional matter(s) at the scheduled time.
DISCOVERY MOTIONS
All motions to compel discovery, for compulsory physical examination, and to set case for trial must contain a certificate by the attorney filing such motion that the attorney has discussed the subject matter of the motion with opposing counsel and has been unable to reach agreement concerning the disputed discovery of setting of the case for trial, or that opposing counsel has failed to respond.
MOTIONS FOR CONTINUANCE
Pursuant to Florida Rule of Judicial Administration 2.545(e) and Florida Family Law Rule of Procedure 12.460, all motions for continuance must be signed by the litigant requesting the continuance as well as the litigant’s attorney, unless made at trial, or upon good cause shown.
TEMPORARY RELIEF MATTERS
The party seeking temporary relief must first:
- File with the Clerk a motion using the uniform Motion for Temporary Relief, which may be accessed at: http://www.flcourts.org/core/fileparse.php/293/urlt/947c.pdf http://www.flcourts.org/core/fileparse.php/293/urlt/947a.pdf
- Attach to the motion a proposed temporary time-sharing plan if the case involves minor children. http://www.flcourts.org/core/fileparse.php/293/urlt/995a.pdf http://www.flcourts.org/core/fileparse.php/293/urlt/995b.pdf
- Attach, if not previously filed, a Financial Affidavit in compliance with Florida Family Law Rule of Procedure 12.285(d)(1).
- File a notice of hearing reflecting the date and time obtained from the Court.
- Serve a copy of the above documents on the opposing party, and serve on the opposing party/counsel, but do not file with the clerk, the documents required under Florida Family Law Rule of Procedure 12.285(d)(2)-(4). Any temporary relief sought by the responding party may be asserted by cross-motion at that time.
HEARING PREREQUISITES OF RESPONDING PARTY
Within 10-days after being served with the Motion for Temporary Relief (15-days if service was made by mail), the party against whom the temporary relief is sought will file and serve a response to the motion stating what, if any, temporary relief the responding party contends is appropriate. When applicable, the responding party will propose an alternate time-sharing plan.
TEMPORARY RELIEF MEDIATION
Temporary relief matters must be mediated prior to being heard by the court.
TEMPORARY ATTORNEY’S FEES
If the relief sought includes temporary attorney’s fees, the seeking party must file an attorney’s fee affidavit at least seven (7) business days before the hearing. The attorney’s fee affidavit must set forth fees and costs to date and anticipated hours, fees, and costs reasonably expected to be incurred through the final hearing.
EXHIBITS AND TEMPORARY RELIEF MEMORANDUM
At least 72-hours prior to the scheduled temporary relief hearing, the parties shall exchange exhibits, file and serve a copy of the Temporary Relief Hearing memorandum using the uniform Temporary Relief Hearing memorandum which may be accessed at: http://www.fljud13.org/Portals/0/Forms/pdfs/family/TemporaryReliefMemorandum2.pdf
Exhibits shall be pre-marked for identification and provided to the opposing party or counsel. The parties shall further deliver a complete set of pre-marked exhibits along with an index to the Court no later than five (5) days before the final hearing. Exhibits and evidence not clearly and timely disclosed may be excluded at hearing.
JAWS
Please do NOT upload orders in JAWS for the Magistrate to sign. The General Magistrate does NOT process orders using JAWS. If you are asked to prepare the proposed order, upon completion please e-mail the proposed order to the assistant in WORD format along with a cover letter.
INTERPRETERS
It is not the obligation of the Court to furnish a language-interpreter in any family division proceeding. If a party or witness requires interpreter services, it is the responsibility of the party to provide a disinterested, Court certified interpreter at their expense. The interpreter cannot be a friend or family member. Parties needing assistance may also contact the Court Interpreter Center at 813-272-5947 to obtain a list of certified interpreters. Please be certain to make the appropriate arrangements in advance of the hearing or non-jury trial. Failure to timely make the appropriate arrangements may result in your hearing being canceled or rescheduled.
ADA SERVICES
If you are a person with a disability who needs any accommodation in order to participate in a proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the ADA Coordinator, Hillsborough County Courthouse, 800 E. Twiggs St., Room 604, Tampa, Florida 33602, or by phone at (813) 272-7040, at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days. If you are hearing or voice impaired, call 711.