Important Notice Regarding Administrative Order S-2024-046:
Administrative Order S-2024-046, promulgated by the Chief Judge of the Thirteenth Circuit and applicable to all Circuit Civil divisions, establishes requirements that apply to your case. Please familiarize yourself and your office staff with this order.
Circuit Civil Division J Division Preferences - The Top Ten
Division J allows use of remote appearances by ZOOM for all
UMC’s, 15min. and 30min hearings. Our Differentiated Cases Management
Conferences are all held by zoom.
All evidentiary matters, Pretrial
Conferences, Jury Trials/Non-Jury Trials, and hearings exceeding 30 minutes are
held in person.
For all ZOOM appearances, please be prepared to attend by
video. Here is a link to the Division J Zoom hearing room:
https://zoom.us./j/5765425279.
No password is required; you will be admitted from the waiting room.
Attorneys are required to appear by video, unless they file,
and Judge Ellison grants, a motion to appear telephonically. To facilitate
record-keeping, attorneys should file a notice of appearance in advance of the
hearing, and they should sign into Zoom using their full first and last names.
For parties with permission to appear by phone,
please call the zoom phone line at 1-253-215-8782 and then enter the meeting ID
(576 542 5279) when prompted.
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UMC’s, 15 and 30minute hearings are to be set by attorneys
through JAWS. Pro Se litigants may email the JA for hearing availability.
Anyone requesting a hearing of 60 minutes or longer must contact the JA for availability.
gencivdivj@fljud13.org
UMC Dockets. Paragraph 12(A) of Administrative Order
S-2024-046 governs the Uniform Motion Calendar. UMCs are reserved for hearings
that should take less than 5 minutes. As a general rule, any evidentiary
matters and dispositive motions (including motions for summary judgment, to
dismiss for failure to state a claim, and to strike affirmative defenses) are
not appropriate for a UMC docket, unless the issue is exceedingly narrow. If
the hearing exceeds 7 minutes, it may be summarily cancelled and rescheduled to
accommodate the other parties who are patiently waiting to be called. The Court
will not hear contempt matters or testimonial matters during a UMC docket. All
UMC Hearings are held by Electronic Zoom Appearance.
For Scheduling hearing time on the Determination on
the Amount of Attorney’s Fees
, please contact the divisional email gencivdivj@fljud13.org for
requested time.
If you have questions about availability or need more than
30minute hearing time, please contact chambers and please be sure to include
all parties.
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Proposed orders must be submitted in PDF
format
through the Florida
Courts E-Filing Portal
.
Proposed orders following a hearing should be submitted
within
5 days, but may be submitted within 10 days in some
instances.
See Admin. Order S-2024-046 para. 13(B). Failure to
timely submit a proposed order may result in denial of the motion without
prejudice or a rehearing. As required by paragraph 13 of Administrative Order
S-2024-046, the party charged with submitting the order must consult with all
parties within 3 days of the hearing and make a genuine effort to agree on the
language of the proposed order.
Cover Letters. Proposed orders should be
accompanied by a
cover letter identifying the hearing date (if
any) and stating whether all parties agree to the form of the order. It is not
sufficient to state that the proposing party has not heard back from others,
unless 5 days have elapsed without a response. The cover letter must
affirmatively state whether the other parties object or do not object to the
form of the order. Any party objecting to the form of an order must notify
chambers immediately and submit a competing order within
3 days.
(See below.)
Agreed orders. Proposed orders on agreed relief or
relief sought jointly by the parties should begin with “Agreed Order” in the
caption. The first paragraph of the order must state that the parties agree to
the relief afforded by the order, and it must identify the stipulation or
motion providing the basis for the relief. Except in rare circumstances, agreed
orders that are not preceded by a motion or stipulation will be rejected.
See
also
Admin. Order S-2024-046.
Competing proposed orders. If, following a hearing,
the parties disagree about the form of an order, they may submit competing
orders. Competing orders should be submitted in Word format to the division
email (
gencivdivj@fljud13.org) with
the words “Competing Proposed Order” in the subject line. The email may
briefly describe
why the party’s proposed form is correct, but additional legal argument
is
prohibited. Transcripts or excerpts may be submitted, if
appropriate.
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Please
contact chambers at
gencivdivj@fljud13.org or
813.272.6991 if you have any questions. We maintain open lines of communication
and are happy to help with scheduling. With any message, please include your
name, case number, and phone number, so that we can respond as soon as
possible. Please remember that court staff cannot give legal advice or discuss
orders, and emails must include all parties or they will be filed on the public
docket as ex parte communications. The JA will respond as efficiently as
possible.
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Please email courtesy copies to the JA at gencivdivj@fljud13.org. Please ensure
the email includes the case number, hearing date and time. If documents exceed
30pages, they will need to be provided in Hard Copy to our office. Documents
cannot be accepted via sharefile links.
Legal Authority for Hearings-
Any legal authority you would like Judge Ellison to consider
before a hearing should arrive in chambers no fewer than
3 days before
the hearing. Material received after that deadline will not be reviewed prior
to the hearing. Judge Ellison does not require authority to be submitted, but encourages
it and will gladly consider any material provided.
If the materials you submit to the Court have
any highlighting, identical copies must be provided to all other parties in
advance of the hearing.
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After
the motion is filed with the clerk and properly flagged as an emergency
pursuant to Administrative Order S-2024-046, Paragraph 19 (B), please email the
JA with a courtesy copy so the Court is aware of the need to act on the Motion.
gencivdivj@fljud13.org
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Canceling hearings within 24 hours of the hearing: Please
email the JA a copy of the notice of cancellation; if it is moments before the
scheduled time of the hearing, please also phone the JA, Jennifer, at 813-272-6991
so we know not to expect your attendance at the hearing.
If you are canceling more than 24 hours in advance and the
hearing was scheduled through JAWS, you may cancel it also through JAWS. If you
scheduled it by Emailing the JA, please email a notice of cancellation to her
at
gencivdivj@fljud13.org.
A Pretrial Conference or a Trial may not be cancelled unless the matter has
been completely settled. If so, please email the
Notice of Settlement or
the
Notice of Voluntary Dismissal to the JA to confirm the cancellation.
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Notice of Hearings should include the date filed and
docket number of the Matter being called up for hearing. Parties scheduling
hearings must ensure that the notice of hearing is timely filed and contain all
information necessary to access the hearing. A courtesy copy of the notice of
hearing should be emailed to the divisional email
gencivdivj@fljud13.org. If you have
any questions about how to schedule, notice, or attend a hearing, please do not
hesitate to contact chambers by phone or email. Please review paragraph 12(D)
of Administrative Order S-2024-046 before filing a notice of hearing.
Unilateral notices of hearing. Hearings may be
unilaterally noticed with a minimum of 60 days’ notice, and only due to a lack
of cooperation. A notice of a hearing set unilaterally due to a lack of
cooperation must describe, in detail, the efforts made to reach agreement on
the hearing date. A single email, letter, or ultimatum is insufficient.
Unilaterally set hearings that do not describe efforts to agree on a hearing
date may be cancelled without notice.
Cross-noticing. Cross-noticing hearings is absolutely
prohibited. If the parties agree to add certain motions to a hearing, they
should file an amended notice of hearing after clearing the addition with Judge
Ellison’s chambers. Motions unilaterally cross-noticed will not be heard and
may be denied without prejudice.
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Please refer to the administrative order. Please refer to the Clerk of Courts Trial Exhibits Memorandum for Jury/Non-Jury trial exhibits. https://hillsclerk.com/Court-Services/Circuit-Civil
Exhibits for Evidentiary hearings should be uploaded via the eportal: proposed documents, exhibits
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Additional Preferrences
Controlling documents. Our case management obligations
and processes are governed by rule and administrative order.
See Fla.
R. Civ. P. 1.200; Fla. R. Gen. Prac. & Jud. Admin. 2.250, 2.545; AOSC21-
17
Amendment 3 (Fla. Jan. 8, 2022); 13th Cir. Admin. Order
S-2021-060.
Requirements. All requirements for case management are
listed in the relevant rules, administrative orders, and differentiated case
management orders issued by the court. Read them carefully. It is the
parties’ obligation to ensure their case contains an active and effective case
management and trial order. Failure to timely submit proposed case management
orders may result in the court setting your case for trial on the earliest
possible calendar without further notice.
- Cases will be reviewed
prior to the DCM hearing. Cases deemed ready to be set for trial will
receive an Order Regarding DCM, indicating the presumptive trial period in
the DCM Order. Parties will be responsible for securing the Pretrial Conference date/time with our office prior to uploading the Circuit Civil
Uniform Order Setting Case for Trial and Pre-Trial (revised Apr. 30, 2021)
by a date indicated within the Order before the DCM hearing. Parties will
be excused from the DCM hearing once the Uniform Order Setting Case for
Trial has been entered by Judge Ellison. Parties that feel the trial date
is unreasonable or fail to submit a trial order must attend the DCM
hearing.
- Prior to the DCM hearing
parties may agree to the trial being set on or before the presumptive period
in the Differentiated Case Management Order, however they must contact our
office first to confirm agreement and then to be set on the Pre-Trial
Conference docket prior to uploading the Circuit Civil Uniform Order
Setting Case for Trial and Pre-Trial (revised Apr. 30, 2021).
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Forms. Judge Ellison uses the Circuit Civil
Uniform Order Setting Case for Trial and Pre-Trial (revised Apr. 30, 2021) and
the Uniform Pre-Trial Conference Order. They can be found
here. Pretrial orders should be
customized to the needs of the case. Please be sure to contact the judicial
assistant by email for a pre-trial conference time before uploading your trial
order.
Summary Procedure. All trials using the summary
procedure afforded by section 51.011 of the Florida Statutes must use the
Circuit Civil Uniform Order Setting Case for Trial and Pre-Trial, but the dates
may be customized to the needs of the case.
Except in extraordinary circumstances, or where time does
not allow it, mediation will be required before trial.
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Good-Faith Conference. Movants must comply
with paragraph 11(A) of Administrative Order S-2024-046, which requires
the movant to “confer with the opposing party or opposing counsel in a good
faith effort to resolve the issues raised by the motion.”
Failure to
confer and certify the appropriate statement with the motion—with the detail
required by the Administrative Order—will result in the motion being denied
without prejudice and any hearing cancelled
. *
Motions to Compel. Motions to compel should
describe with specificity the relief sought. The
motion must comply with the good-faith
conference certification requirements of Rule 1.380(a)(2) and paragraph 11(A)
of Administrative Order S-2024-046. Motions that do not comply will be denied
and hearings cancelled. Judge Ellison expects parties to undertake true,
good-faith efforts to resolve discovery disputes before filing a motion to
compel.
Motions to Compel without a hearing. Paragraph
11(B) of Administrative Order S-2024-046 allows the Court to issue orders
compelling discovery without a hearing in certain circumstances. Parties are
cautioned to read the administrative order closely before submitting a proposed
order.
Non-Evidentiary Pretrial Motions Without a Hearing. Paragraph
11(C) of Administrative Order S-2024-046 allows the Court to rule on certain
motions without a hearing. Parties must comply with the administrative order
before the request will be considered.
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The parties may agree that the Court may rule on the
pleadings for particular motions. If the parties agree, e-file motions and
responses and advise the judicial assistant via email of the title(s) of the
specific motions you want the Judge to resolve without a hearing.
gencivdivj@fljud13.org Parties
should submit proposed orders in accordance with the “Submitting Proposed
Orders” instruction
.
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Judge Ellison expects the highest standards of
professionalism, candor, and preparation in her courtroom. Any attorney or
party displaying conduct unbecoming of the proceeding may be subject to
sanctions without notice.
A keystone of professionalism is active cooperation.
In that spirit, Judge Ellison expects parties to actively discuss disputes
before presenting them to the Court for a ruling. She also expects attorneys to
expeditiously respond to inquiries and communications from opposing counsel and
other parties. Not responding is not acceptable.
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Litigation by emailing chambers is absolutely
prohibited
. All relief must be sought by motion or stipulation. Parties who
seek any form of relief by emailing chambers—other than for administrative
purposes allowed above—may be sanctioned without further notice.
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