Beginning August 1, 2022 all matters will be returning to In-Person Hearings with the exception of Adoption/TPR Hearings, Initial Case Management Conference’s, Dismissal Docket Hearings, Uniform Motion Calendar, Non-Evidentiary Hearings, Uncontested Hearings and any hearing requiring less than (30) minutes. All Evidentiary Hearings set for (30) minutes or more will be held in-person. Either party may file a motion to appear electronically. We are making every effort to hear cases using technology and creativity.  Family Law Division B is using the Zoom videoconference platform.  You do not need an account to use Zoom and the service is free.  You may use a cellphone, tablet, or computer.  The Zoom Meeting ID for Judge Ellison is 606-668-2029.  Division B order for videoconference appearance is available under the “Forms” tab and you may use language from the order to create your notices of hearing.  The court is presently authorized to swear in witnesses and parties over Zoom; please have a picture identification with you to present at the videoconference. For any evidentiary hearings, please provide exhibit notebooks to the Court 48hrs before the hearing. Please review the tips below for your video hearings.

 

COURT HEARING VIDEO CONFERENCING TIPS

 

• Test equipment and connection ten minutes before the Electronic Court Proceedings (“ECP”) starts;  
• Properly identify participants at the beginning of the ECP:
• If attending via the videoconference function, participants should ensure that their name and role in the ECP (e.g. counsel for petitioner or witness, is reflected in the user’s identification.
• If attending by telephone, where possible the participant should announce their appearance to allow the court and court reporter to correlate the phone number with their identity.
• Wear proper attire. No hats please. Dress and look like you are going to court.
• Do your best to have a stable internet connection.  Ask others in your house or office to avoid large data use (game streaming; video streaming; etc.) while on a videoconference call.
• Use your full real name. Avoid using nicknames or the device’s default name setting.  
• Reduce or eliminate background noise;
• Turn off or mute other electronic devices that may create interruptions or distractions (e.g., mobile phones or notification settings with audible alerts);  
• Be as still as possible while speaking and waiting to speak. 
• Do your best to have a solid or non-distracting background, or utilize a virtual background. 
• Avoid "backlighting" by having a light source emanating from the direction of the screen and camera towards the participant. 
• Refrain from consuming food during the ECP;
• Be aware and alert of surroundings that might create background noise or a lack of privacy relating to sensitive discussions
• Have the camera face you straight on. Avoid leaning in or away from camera.
• Be aware of your microphone and audio set up.  Mute your microphone unless you are speaking.
• Speak slowly and clearly.  Avoid speaking over others and Do not speak over another participant unless making a lawful objection;
• Mute the session unless speaking;
• Raise a virtual hand before unmuting unless directly spoken to.
• Avoid typing during the conference.

 

EVIDENTIARY HEARINGS

If you intend to introduce evidence, you must file a notice that clearly indicates

your intent. Moreover, exhibit notebooks must be provided in hard copy to the Court at least 48 hours prior to the hearing. If you fail to follow these requirements, you may not be able to introduce your exhibits 

 

We are accepting motions and orders through JAWS (under the new e-filing process)

 

IF YOU DO NOT HAVE A LAWYER: THE JUDICIAL ASSISTANT CANNOT answer your legal questions, and will not explain your situation to the Judge. Your opportunity to speak to the Judge happens in Court only.

 

COMMUNICATION WITH THIS OFFICE: The preferred form of communication for setting and cancelling hearings is by e-mail at famlawdivb@fljud13.org. The following should be included in the email: case number, case name, what you are asking to be set, and how long you will need for the hearing.

 

CANCELLATION OF HEARING: DO NOT CANCEL A HEARING WITHOUT NOTIFICATION AND AGREEMENT OF ALL PARTIES. A notice of Cancellation MUST be immediately e-filed with the Clerk of Court AND a courtesy copy of said Notice of Cancellation sent to the division e-mail address at famlawdivb@fljud13.org.

UMC/Open DOCKET:

This Docket is used for a Status Conference, a 5-minute Motion, a Uncontested Motion or for a Uncontested Final Hearing. Each side has 3 minutes to argue the motion/issues.

 

TRIALS/CONTESTED FINAL HEARINGS

All CONTESTED Final Hearings, including default final hearings (requiring more than 30 minutes), MUST be set by an Order of the Court pursuant to Family Law Rule of Procedure 12.440 and Rule of Civil Procedure 1.440. Failure to do so will result in a cancellation of the Final Hearing. To schedule a trial, please schedule a case management conference. All required documents must be filed before the court will permit the Parties to obtain a trial date. If all required documents are filed, the court will enter an Order Directing Parties to Set Final Hearing. If the parties are ready, you may e-mail the judicial assistant at famlawdivb@fljud13.org for a case management conference or secure a time through JAWS. It is the responsibility of the party setting the trial to prepare the Order setting trial and to file through the E-PORTAL for the Judge's signature.

 

Incoming Withholding Orders

Income withholding Orders can now be filed through the E-PORTAL. If one of the parties are representing themselves, the Order can still be filed through the E-PORTAL. However, if the individual that is representing themselves does not have an email address associated with the case, then you will be responsible for mailing them a copy of the order, if you chose to file the order through the E-PORTAL for electronic signature. PLEASE DO NOT SUBMIT BOTH WAYS.

 

SCHEDULING HEARINGS

The preferred method for scheduling in Division B is by JAWS. Anything more than 60 minutes the preferred method is e-mail. For any scheduling request, the requesting party shall e-mail the Judicial Assistant for hearing time(s) and copy the opposing party.  The Judicial Assistant shall provide a minimum of two available dates/times to the requesting party, also with a copy to opposing party by “replying to all.”  IF the requesting party sends the dates to the opposing party or attorney (whichever is applicable) by e-mail, that responding party or the attorney’s office is responsible for responding with his/her availability within two business days of receiving the request.  If the responding party or attorney fails to respond within two business days of the request, the requesting party may pick the hearing date and time of his/her choice per the Administrative Order.
The ability of the requesting party to choose a hearing date of his/her choice is an option only if:

• There has been no response from the responding party or attorney within two business days of the request or
• The requesting party is not attempting to clear the date with the other party or attorney by telephone, as there will not be a paper trail of the scheduling attempts Only after the court confirms date in the e-mail, file and serve Notice of Hearing.  If the parties cannot agree on any of the offered dates, ask (once) for new set of dates.  If the parties cannot choose from the second set of dates, notify the court of the scheduling impasse.  When the parties impasse, the court sets the hearing without regard to the schedules of either party or attorney.. 

 

PLEASE NOTE:  RESPONSES TO MOTIONS AND COPIES OF CASE LAW MUST BE DELIVERED TO THIS COURT Seventy-two (72) hours BEFORE THE HEARING TO ENABLE A REVIEW BY THE COURT.   

 

BEFORE SCHEDULING A HEARING, PLEASE MAKE SURE THAT ALL PARTIES, INCLUDING THE JUDGE HAVE A COPY OF THE MOTION(S) TO BE HEARD.  A HEARING IS NOT TO BE SET UNTIL ALL PARTIES HAVE A COPY OF THE MOTION(S). YOU MAY E-FILE AND ELECTRONICALLY SERVE THE SAID MOTION TO ALL PARTIES. AS LONG AS THE MOTION THAT IS SET FOR A HEARING IS E-FILED, IT IS NOT NECESSARY TO EMAIL THE SAID MOTION TO THE JUDICIAL ASSISTANT.  

 

 

FAMILY LAW TEMPORARY RELIEF HEARINGS

1. MEDIATION IS MANDATORY PRIOR TO TEMPORARY RELIEF HEARINGS INVOLVING CHILDREN: Absent prior leave of Court, Division B requires mediation to have been completed before convening any hearing seeking any temporary relief involving children in accordance with Administrative Order S-2020.054. Any party may set or schedule a temporary relief motion for hearing in accordance with the applicable rules and orders governing scheduling of hearings. However, if a mediation conference has not been completed prior to the date and time set for the temporary relief hearing, that hearing will not go forward. If the non-moving party is the party not cooperating that matter will be addressed by the Court at the temporary hearing and sanctions may be entered. Please follow the administrative order that pertains to temporary relief hearings.

 

2. At least 72 hours prior to the temporary relief hearing, the moving party will file an original and serve a copy on all parties, including the Judge, a Temporary Relief Hearing Memorandum.   A proposed Parenting Plan is required if the case involves minor children.   

 

DEFAULT FINAL HEARINGS

You MAY NOT set a Default Final Hearing on a UMC Docket. You should set those on a 15 or 30 minute Docket. They must also be set by Court Order per FL Civil Rule 12.440. In the event a Default Final Hearing   will require more than 30 minutes the procedure provided for above with respect to Trials, Contested Final Hearings shall be followed.

Attorney's Fees Hearings for Requests exceeding $50,000

When a party seeks an award of attorney's fees and costs exceeding $50,000 after a final hearing or seeks an interim award of attorney's fees and costs exceeding $50,000 for which fees and costs have already been incurred, the hearing on the matter will be set using a uniform order that may be accessed at http://www.fljud13.org/Forms.aspx. The requesting party will be responsible for scheduling the hearing time and submitting a completed uniform order to the presiding judge.

EMERGENCY MOTIONS
1. No party or attorney should file an emergency motion without first studying
Smith v. Crider, 31 F.L.W. D1018 (2d DCA April 7, 2006).   

 

2. File the original motion with the Clerk of Circuit Court, Edgecomb Courthouse, First Floor, 800 East Twiggs Street, Tampa, FL 33602. DO NOT deliver a copy to the judge. 

 

3. The Clerk will bring the court file and the docketed motion to the Judge’s chambers for review.  

 

4. The judicial assistant will fax, e-mail or mail a copy of the Judge’s decision regarding the emergency status of the motion to both parties.  

 

1st CASE MANAGEMENT

The first case management conference will not be canceled or rescheduled absent good cause shown by written motion and an order canceling or rescheduling.  All parties and counsel shall appear in person at the first case management conference.  All post-judgment matters, whether referred to the general magistrate or objected to, shall be removed from the first case management docket, and parties and counsel shall schedule case management conferences as appropriate.