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Procedures/Preferences

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. CLICK HERE FOR IMPORTANT INFORMATION IF YOU ARE REPRESENTING YOURSELF (FAMILY LAW PROCEDURAL INFORMATION FOR SELF-REPRESENTED LITIGANTS)

 

COMMUNICATION WITH THIS OFFICE

The preferred form of communication for setting and cancelling hearings is by e-mail at FamLawDivA@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.


IN PERSON PROCEEDINGS

All matters scheduled for more than 30 minutes will be in-person, unless expressly agreed to by the Court or waived by the Court.

 

ZOOM HEARINGS

The following hearings will still be conducted via Zoom:  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. We are making every effort to hear cases using technology and creativity. 

 

Family Law Division A is using the Zoom videoconference platform.  You do not need an account to use Zoom and the service is free.. Join the Zoom Meeting through the following link: https://zoom.us/j/96980509625  OR go to www.zoom.us/join OR Dial: (301) 715-8592Enter the Meeting ID: 969 8050 9625

 

**Adoptions/TPR Hearings are assigned unique Zoom meeting IDs. Please contact the Judicial Assistant at FamLawDivA@fljud13.org for a Meeting ID once the hearing has been scheduled through JAWS.

 

AVAILABLE SCHEDULING ON JAWS

Uniform Motion Calendar (UMC) five (5) to seven (7) minutes per case. This Docket is a multi-case docket and designed for any uncontested matters.

 

Open Docket - seven (7) to ten (10) minutes per case. This Docket is a multi-case docket and is designed for status conferences, motions, and Uncontested Final Hearings.

 

Hearing time slots listed as: Daily – 15 minute hearing only or Daily – 30 minute hearing only. These Dockets are for hearings/case management conferences requiring more than 7 minutes, but not more 30 minutes.

 

Adoption and TPR Hearings – Adoptions and Termination of Parental Rights Hearings are 15 minute times slots. Due to confidentiality, only schedule adoption or TPR hearings in these times slots. If you need additional time, contact the Judicial Assistant at FamLawDivA@fljud13.org. (Adoptions may be in person if the parties so desire. After scheduling, please notify the Court if the hearing will be in person.)

 

SCHEDULING GUIDANCE

The preferred method for scheduling in Division A is by JAWS. Anything more than 30 minutes, the preferred method is e-mail request rather than telephone. For any scheduling request, the requesting party should e-mail the Judicial Assistant for hearing time(s) and copy the opposing party. The Judicial Assistant will provide 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 (2) business days of receiving the request. If the responding party or attorney fails to respond within two (2) business days of the request, the requesting party may pick the hearing date and time of his/her choice.

 

Please Note: If the opposing (or non-requesting) party fails to respond within two (2) business days of receipt of the proposed dates/times, the requesting party may select the date/time of his/her choice. The ability of the requesting party to select a date/time of his/her choice is an option ONLY IF there has been no response from the opposing (or nonrequesting) party within two (2) business days of receiving the proposed dates/times AND the requesting party has attempted in good faith to clear the dates/times with the opposing (or non-requesting) party AND has documented the scheduling attempts through e-mail.

 

Only after the court confirms date in the e-mail, file and serve Notice of Hearing. If the parties cannot agree on first set of proposed dates/times, they may request a second set of dates/times. If the parties cannot agree upon the second set of dates/times, the parties shall notify the Judicial Assistant of the scheduling impasse no later than two (2) business days of receiving the proposed dates/times. If the parties reach an impasse, the Judge will set the date/time for the hearing or other court appearance without regard to the schedules of either party (or their attorney).

 

PLEASE NOTE: HARD COPIES OF RESPONSES TO MOTIONS, EXHIBITS, AND CASE LAW MUST BE DELIVERED TO THE JUDGE’S CHAMBERS THREE (3) BUSINESS DAYS BEFORE THE HEARING TO ENABLE A REVIEW BY THE COURT. ANY RESPONSES TO MOTIONS, EXHIBITS, AND COPIES OF CASE LAW RECEIVED BY THE COURT LESS THAN THREE (3) BUSINESS DAYS BEFORE THE HEARING MAY NOT BE REVIEWED OR CONSIDERED AT THE HEARING.

 

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) and has been filed with the clerk of court.

NOTICES OF HEARING

Notices of hearing must include in the body of the notice the following elements in addition to those required by the applicable rules of procedure and local administrative orders:

1. The specific TITLE of the motion to be heard;

2. The DATE the motion to be heard was filed;

3. The LENGTH OF TIME of the hearing;

4. Zoom information if applicable (including meeting ID and a copy of a link to the Zoom meeting).

 

CONTINUANCES

If a continuance is agreed upon by all parties, contact the Judicial Assistant to remove the hearing and/or trial from the docket. Upload your AGREED proposed Order for continuance to E-portal for electronic signature. Before uploading to E-portal, please insure that the e-mail of all parties associated with the case is listed on JAWS under ‘Associated Parties’. The parties will receive an electronically signed conformed copy of the document.

 

NOTICE OF CANCELLATION/SETTLEMENT

DO NOT CANCEL A HEARING WITHOUT NOTIFICATION AND AGREEMENT OF ALL PARTIES. When the parties agree that a hearing or other court appearance needs to be cancelled or that the parties have reached a settlement in the case, 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 FamLawDivA@fljud13.org.

 

TELEPHONIC APPEARANCE

Telephonic Appearances are on a case-by-case basis. Telephonic appearances are allowed if both parties are in agreement. You will need to file a motion and order through E-Portal (Pro Se by paper, mail, or hand delivery). In the motion, it needs to state all parties’ position on the motion.  It is the responsible of the party appearing telephonically to call the courtroom phone line at on the designated date/time at: (813) 307-3228 to be connected to the Courtroom 411.

 

IMPORTANT NOTE: Any party appearing by telephonically must arrange in advance and ensuring that a state-licensed notary public is present with the party or witness to verify his/her identity.

 

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 THREE (3) business days prior to the hearing. If you fail to follow these requirements, you may not be able to introduce your exhibits.

 

 

CASE MANAGEMENT CONFERENCES

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 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.

 

TEMPORARY RELIEF HEARINGS

Administrative Order S-2020-054, § 16. Mediation is mandatory prior to attending hearing. Any party may set or schedule a temporary relief motion for hearing. If the moving party fails to schedule and/or cooperate in attending mediation prior to the temporary relief hearing, the hearing WILL BE CANCELLED by the Judge.

 

If the opposing (or non-moving) party fails to cooperate in attending mediation, the issue shall be addressed by the Judge at the temporary relief hearing where possible sanctions could be imposed.

 

At least two (2) business days prior to the scheduled temporary relief hearing, the moving party shall file the original Temporary Relief Hearing Memorandum with the Clerk of the Court and serve a copy on all parties, as well as deliver a copy to the Judge. A proposed Parenting Plan is also required if the case involves minor child(ren).

 

EMERGENCY MOTIONS

No party should file an emergency motion without first reviewing Smith v. Crider, 31 F.L.W. D1018 (2d DCA April 7, 2006). The moving party should file the original Emergency Motion with the Clerk of the Court, Edgecomb Courthouse, First Floor, 800 East Twiggs Street, Tampa, Florida 33602.

 

Please Note: Do not hand-deliver a copy of the Emergency Motion to the Judge’s chambers. A Deputy Clerk will bring the court file and the Emergency Motion to the Judge’s chambers for review. Once the Judge has reviewed the court file and the Emergency Motion, the Judicial Assistant will e-mail or mail a copy of the Judge’s ruling on the Emergency Motion to both parties. If a hearing is required, the Judicial Assistant will coordinate by email hearing dates/times with the parties.

 

TRIALS

Any trial request for over three (3) hours must be set for a Case Management Conference. 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 FamLawDivA@fljud13.org to request available pretrial/trial dates. Once a pre-trial/trial date has been agreed upon, it is the responsibility of the party(s) to prepare the Order setting trial and upload it through E-portal for the Judge's signature. The trial Order form can be found on this website under “forms”.

 

NOTE: A Pre-Trial Memorandum SHALL be electronically filed and served on each party by the other party, as well as a copy of both delivered to the Judge, at least three (3) business days prior to the Pre-Trial Conference.  The parties should be prepared to discuss provisions set forth in the Pre-Trial Memorandums and Pre-Trial Conference Order.

 

POST JUDGMENT HEARINGS

All post judgment matters must have an order of referral to the General Magistrate filed at the same time the motion is filed. All post judgment matters MUST be mediated prior to the scheduling of any hearings. You must e-mail the Judicial Assistant to schedule post judgment hearings. Copy of notice and motion need not be delivered to the court.

 

SUBMITTING PROPOSED ORDERS

Proposed Orders that are agreed upon by the parties should be submitted to the Judge in Family Law Division “A” electronically through the E-portal as a “PDF” formatted document. If one of the parties represents themselves, the Order can still be uploaded into 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 upload the order into the E-portal for electronic signature. If a party submits a proposed Order by mail, please include a cover letter containing explanatory information, copies of the Order and self-addressed envelopes for all parties.

 

Proposed Orders that are NOT agreed upon by the parties, in other words, competing Orders, should be submitted to the Judicial Assistant by e-mail and attached as a “WORD” formatted document, which will be forwarded to the Judge upon receipt of both proposed competing Orders. Incoming Withholding Orders can now be uploaded into E-portal.

 

FINAL DISPOSITION FORMS

A Final Disposition Form must be submitted at the time of submission of a proposed Final Order or Final Judgment in order to close the case in Family Law Division “A”.

 

DISSOLUTION OF MARRIAGE

Review the Requirements for Dissolution of Marriage.