ADMINISTRATIVE ORDER S-2021-057 GOVERNS COUNTY CVIL OPERATIONS.  PLEASE ALSO REVIEW THIS ADMINISTRATIVE ORDER.

https://www.fljud13.org/Portals/0/AO/DOCS/S-2021-057.PDF

PERTAINING TO GENERAL COUNTY CIVIL MATTERS IN DIVISION M

Scheduling Hearings and Cancellation of Hearings in County Civil Division “M”:

• A motion must be filed with the Clerk of Court before setting the matter for hearing in JAWS. The movant must confer with the opposing party in good faith, pursuant to Rule 1.202(a), Fla.R.Civ.P., on non-dispositive motions and are encouraged to confer on dispositive motions prior to setting for a hearing. The motion must contain the certificate required by Rule 1.202(b), Fla.R.Civ.P.
• All matters requiring 59 minutes or less of hearing time must be scheduled through JAWS.
• Any matters requiring more than 60 minutes of hearing time must be scheduled through the Judicial Assistant. You may email the judicial assistant at civdivm@fljud13.org to obtain available hearing times lasting over 60 minutes.
• After obtaining a hearing time either through JAWS or the Judicial Assistant, a Notice of Hearing must be e-filed with the Clerk of Court and a copy emailed to chambers at civdivm@fljud13.org.
• Any hearing cancellation (except an Initial Pretrial Conference Hearing) must be made in writing, e-filed with the Clerk, and emailed to civdivm@fljud13.org at least 24 hours prior to the scheduled hearing. The Court will always review relevant motions and responses prior to a scheduled hearing. Accordingly, last minute cancellations (less than 1 business day notice) made without good cause may result in the Court ruling on the pending motion without a hearing. Even if the parties reach an agreement in regard to the pending motion, the movant must appear at the scheduled hearing time to inform the Court of the outcome unless a timely cancellation notice or a signed stipulation of the parties is emailed to civdivm@fljud13.org.

Submitting Orders:

• Attorneys should submit and upload proposed orders (in pdf format) to the Court for review via the e-filing portal.
• Please submit proposed orders to the Court within one (1) week of the hearing and/or ruling.

Appearing at Hearings:

• All hearings shall be held in person except as allowed below.

Zoom Hearings

• Zoom/Telephonic hearings and appearances are generally disfavored in County Civil Division “M”. However, pursuant to Rule 2.530(b)(1), Fla. R. Gen. Prac. & Jud. Admin., the Court will allow Zoom to be utilized for non-evidentiary hearings of 30 minutes or less. The Notice of Hearing must clearly indicate that both parties consent to the hearing being held via Zoom. It must also include the following language in the Notice of Hearing:

“If your hearing is scheduled to take place via Zoom, please participate using the Zoom video feature using the following link: https://fljud13-org.zoom.us/j/2374597628

 

Alternatively, you may enter the Meeting ID: 237 459 7628.  Please make sure to activate the audio settings so you can hear and speak during the hearing.  Please plan to WAIT PATIENTLY until your hearing is called.

If you do not have access to a computer with camera and speakers or a smart phone with video capability, you must still appear for the hearing by phone.  At the scheduled time of your hearing, you may access the hearing by calling 1 (305) 224-1968. When prompted, enter the Meeting ID: 237 459 7628.  Please note, if you appear by phone, your hearing may be rescheduled for another date where you will be directed to appear by video or in-person at the courthouse. “

The phone dial-in and Meeting ID may be utilized from any landline, cellular or internet phone.

You are REQUIRED to appear by video, or in the alternative, by phone.

If you have any additional questions, please contact the office, (813) 272-5353.

Requests for Zoom/Telephonic Appearances for In-Person Hearings

• Zoom/Telephonic appearances at in-person hearings are generally disfavored. Should a party request the use of communication technology for the appearance of counsel, presentation of testimony, or any other reason, that party must file a motion, pursuant to Rule 2.530(b), Fla. R. Gen. Prac. & Jud. Admin. requesting the ability to use such technology at least 14 days prior to the scheduled hearing and serve the motion on the opposing party or their counsel as well as provide a courtesy copy to the Court at civdivm@fljud13.org. If the non-moving party does not file any objection within 10 days of service of the motion, the movant may upload a proposed Order to the Division M work queue. If an objection is filed, a courtesy copy must be provided to the Court at civdivm@fljud13.org. The Court will then rule on the request.

Pre-Trial Conferences:

• Whoever appears for a party must have full authority to settle for all amounts from zero to the amount of the claim without further consultation. Failure to comply may result in the imposition of sanctions, including costs, attorney fees, entry of judgment, or dismissal.
• Defendant(s) must appear in Court on the date specified in order to avoid a default judgment.
• Plaintiff(s) must appear in Court on the date specified in order to avoid having the case dismissed.

E-Filing By Attorneys:

• All motions, affidavits, stipulations, responses, exhibits or similar pleadings (except proposed orders) should be electronically filed with the Clerk through the e-filing portal.

Case Law and Legal Authority:

• Please provide case law and any legal authority by hard copy to the Court at least 3 business days prior to a scheduled hearing.

SCHEDULING TRIALS

Jury Trial And Non-jury Trial Weeks

• The Court has designated weeks throughout the year for jury trials and non-jury trials. Parties scheduling either non-jury or jury trials must also schedule the designated final pretrial conference one month prior to the trial date. Attendance to the pretrial conference is mandatory and in person.

Scheduling Procedure

• In order to schedule a jury trial or non-jury trial date, parties must send an email to the division’s email, CIVDIVM@FLJUD13.ORG, requesting final pretrial and trial dates. ALL PARTIES MUST BE INCLUDED IN ANY EMAIL SENT TO THE COURT.

• The parties shall submit the desired trial month, and the judicial assistant (JA) will provide dates for the final pretrial hearing and the date of week for either the jury trial or non-jury trial. After the parties have selected the final pretrial and jury trial or non-jury trial dates, they will notify the JA via email of the agreed upon date. It is the responsibility of the parties to ensure that all JAWS notifications, hearing notices, trial orders, and any other paperwork are properly filed; and failure to do so may result in the trial hearing being stricken. The first day of the trial week at 9:00 a.m., should be the date and time used for all notices, subpoenas, trial orders, and any other documentation relating to scheduling the trial. On the first day of the trial week at 9:00a.m., the Court will hold a “trial call.”

Day Of Trial Procedure

• After the parties have announced their intention to go to trial at the mandatory final pretrial date, the Court will hold a “trial call” during the morning of the first day of the non-jury or jury trial week. Attendance at “trial call” is MANDATORY. Parties not at trial call will have the trial stricken from the trial calendar and may face other sanctions. At the trial call, the Court will take note of the parties ready for trial. The Court will call the parties, starting from earliest filed case and proceed to the latest filed case. Parties with older cases should expect to have their case tried first and shall be ready to try the case at the start of the trial week. All other parties may be on stand-by status, and do not have to remain at the courthouse after trial call, but must give the JA their cellular phone numbers, and they must be ready to be at the courthouse within 45 minutes or risk having their trial passed over. The JA will call the parties for the proceeding trial as soon as closing arguments have started in the previous trial. Witnesses are not required to attend the trial call, however, witnesses are expected to be ready to testify when they are called by their respective parties. Any case that is scheduled for a trial week but not tried will be continued to the following trial period.

Use of Artificial Intelligence 

• An attorney may ethically utilize artificial intelligence “AI” technologies but only to the extent that the lawyer can reasonably guarantee compliance with the lawyer’s ethical obligations. Attorneys must comply with Florida law and the applicable Rules Regulating the Florida Bar. (See Florida Bar Ethics Opinion 24-1 (Jan. 19, 2024)). 

• If any attorney or pro se party submits to the court any filing or submission containing AI generated content, that attorney or pro se party must disclosethe use of artificial intelligence on the face of the document and also must include a certification that the attorney or pro se party has personally reviewed and verified the content’s accuracy. Failure to include this certification or comply with this verification requirement will be grounds for sanctions, as permitted by law.

Contacting the Judge’s Office

Please note the Judicial Assistant is happy to assist with the Court’s cases and docket.  However, the Judicial Assistant may not provide legal advice or discuss specific case details.

Attire for Court

Please dress in business attire for court appearances. The Court is not the fashion police. However, at a minimum, a jacket and tie are expected for male lawyers and professional attire for female lawyers. Parties are expected, at a minimum, to be in business casual. Shorts, tank-tops, cut-offs, sleeveless shirts, t-shirts, etc. will not be tolerated.