NAVIGATION

You are here: Judicial Directory > Alissa Ellison > Procedures/Preferences

Procedures/Preferences

MOTIONS

Good-Faith Conference. Movants must comply with paragraph 11(A) of Administrative Order S-2021- 014, 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-2021-014. 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-2021-014 allows the Court to issue orders compelling discovery without a hearing in certain circumstances. Parties are cautioned to read the administrative order closing before submitting a proposed order.

 

 

Non-Evidentiary Pretrial Motions Without a Hearing. Paragraph 11(C) of Administrative Order S-2021- 014 allows the Court to rule on certain motions without a hearing. Parties must comply with the administrative order before the request will be considered.

 

 

HEARINGS

Notices of Hearing. If you have a hearing scheduled with Judge Ellison, please refer to the notice of hearing you received. It should have all the information you need to attend your 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-2021-014 before filing a notice of hearing.

 

 

Hearings Using Communication Technology. Florida Rule of General Practice and Judicial Administration 2.530(b) governs the manner of conducting proceedings using communication technology. In other words, this rule controls whether a hearing may be set on Zoom. Judge Ellison adheres to the rule. As a general rule, non-evidentiary proceedings may be set on Zoom, but evidentiary hearings must be set in person. A court order is required to depart from the rule. A motion seeking such an order must comply with the elements listed in the rule. The motion may be addressed on the papers once the parties have conferred concerning the relief sought, and the results of that conference are listed in the motion.

 

 

All pretrial conferences and differentiated case management conferences are held on Zoom.

 

 

You can download the Zoom application here for your phone or computer and participate by video. The Meeting ID for Judge Ellison’s courtroom is https://zoom.us/j/5765425279

 

 

If you would like to participate by phone, please call +1 253.215.8782 and then enter the meeting ID (576 542 5279) when prompted.

 

 

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.

 

 

UMC Dockets. Paragraph 12(A) of Administrative Order S-2021-014 governs the Uniform Motion Calendar. UMCs are reserved for hearings that should take less than 10 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 10 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.

 

 

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.

 

Locating hearing time. All available hearing times up to 30 minutes are listed on JAWS. If you have questions about availability or need more than 30 minutes for your hearing, please contact chambers and please be sure to include all parties.

 

Cancellations. Please notify chambers as soon as hearings are cancelled. File a notice of cancellation on the public docket and email a copy to the divisional email at gencivdivj@fljud13.org. Paragraph 12(F) of Administrative Order S-2021-014 describes how hearings must be cancelled.

 

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 considered. Judge Ellison does not require authority to be submitted, but will gladly consider any material provided.

 

 

Materials for hearings must be provided in hard copy and delivered to Judge Ellison’s chambers unless, the hearing materials do not exceed 30pgs, then they may be delivered by email to the divisional email at gencivdivj@fljud13.org.

 

 

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.

 

 

PROPOSED ORDERS

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-2021-014 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-2021-014, 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-2021-035 ¶ 23(E).

 

 

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.

 

 

DIFFERENTIATED CASE MANAGEMENT

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.

 

 

TRIALS

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.

 

 

GOVERNING ADMINISTRATIVE ORDER

Thirteenth Circuit Administrative Order S-2021-014 governs Circuit Civil operations. Judge Ellison follows the order. Parties are encouraged to review it.

 

 

PROFESSIONALISM

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.

 

 

MISCELLANEOUS

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.

 

 

CONTACT

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 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.