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Procedures/Preferences

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.

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.

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.

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.

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.

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

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.

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.

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

10.Forms:

All Circuit Civil Forms can be located under our forms tab and under the link here provided https://www.fljud13.org/Forms.aspx


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). 

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.

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.

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 .

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.

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.