SCHEDULING AND DOCUMENT UPLOAD PROCEDURES
Revised 6/15/21:
All hearings scheduled for the month of July 2021 shall be conducted via Zoom video-conference. Going forward, pursuant to Administrative Order S-2021-041(3)(B) Court Operations and Judicial Proceedings During Recovery from the COVID-19 Pandemic, the types of proceedings which will presumptively proceed in person and remotely (absent a court order directing otherwise) are summarized below:
- Uniform Motion Calendar hearings (via Zoom);
- Case Management Conferences (via Zoom);
- Motions to Compel Discovery (via Zoom);
- Motions to Dismiss (via Zoom);
- Motions for Summary Judgment (via Zoom);
- Motions for Rehearing/Clarification (via Zoom);
- Motions for Injunctive Relief (in-person);
- Motions seeking Emergency or Expedited Relief (via in-person);
- All Evidentiary Hearings (in-person);
- Hearings on Motions for Contempt (in-person);
- Pre-Trial Conferences (in-person - see AO S-2021-041(2)(M));
- Non-Jury Trials (in-person);
- Jury Trials (in-person - see AO S-2021-041(2)(M)).
All testifying witnesses must appear in person for testimony – see Administrative Order S-2021-041 Court Operations and Judicial Proceedings During Recovery from the COVID-19 Pandemic for specific health and safety protocols.
The Parties’ stipulation to appear via Zoom for a presumptively in-person category above is not sufficient to excuse in-person appearance absent a Court order.
The Courts Zoom link:
https://zoom.us/j/4393837898 and the Meeting ID is 439-383-7898
Attorneys and Parties shall not upload to JAWS going forward – all orders or electronic exhibits may be uploaded through the Statewide Portal (www.myflcourtaccess.com)
Hearing Materials
The Court will accept and review hard copies of any hearing materials in three-ring binders received at least forty-eight (48) hours prior to any hearing.
SCHEDULING SHORT HEARINGS- 15 Minutes or Less
The Court available slots for Uniform Motion Calendar dockets on JAWS. After securing the hearing time in JAWS, make sure to list the document index number and title of the motion in the hearing description:
JAWS hearing description:
Doc# 26
Motion to Withdraw
then file the motion and notice of hearing:
All counsel or parties must be present at the commencement of the docket. Unopposed or shorter motions will be taken up first. Do not try to argue a longer motion or an evidentiary motion on these dockets. For these dockets only, cancellation can be accomplished by filing a notice with the clerk; cancelling through JAWS is not required.
SCHEDULING 30 MINUTE OR LONGER HEARINGS
30 minute hearings are also posted on JAWS and can be booked there. If no hearings are available,
- Contact the court by email at divisionL@fljud13.org (copying all sides). In the subject line, include an abbreviated style using the last name of the first plaintiff and the first defendant and the case number: SMITH/JONES 19-CA-012345. Complete the first three columns of this chart and paste it in the body of the e-mail request:
Doc#
(or, if filed before July 2017, the e-file date)
|
Motion Title
|
Time Requested
|
Time and date approved by all sides
|
|
|
|
|
|
|
|
|
- For the document index number, see the Clerk’s Hover System: https://hover.hillsclerk.com/html/home.html.
- The court will offer hearing choices (reply all).
- When the parties select the most agreeable time, complete the fourth column and re-paste the chart into an e-mail to the court. In the event parties are unable to agree on a hearing date, follow Local Rule 3.10.
- The court will schedule the matter in JAWS on behalf of the moving party;
- Upon receipt of the JAWS scheduling e-mail (within 24 hours), e-file and upload the initial motion(s) and notice as sampled below. IMPORTANT: Wait to receive the JAWS scheduling email before uploading, to ensure your hearing time is confirmed by the court.
SCHEDULING DOCUMENTS. The titles of all e-filed scheduling documents (notices of hearing, cross notices of hearing, orders setting hearings) must indicate the hearing date, time and document index number in parentheses.
- CROSS NOTICING. AO S-2017-070 p 11 c: "..There will be no cross-noticing on hearing time unless the opposing counsel or opposing counsel agree and contact the judicial assistant by e-mail and receives confirmation that the docket will accommodate hearing additional matters at the same time.”
To seek permission to cross-notice a motion, send an e-mail to DivisionL@fljud13.org and file a cross notice of hearing with hearing date, time and document number: Cross notice of hearing: Aug 20 9 30 (123); the body of the notice of hearing should state “TIME PERMITTING”
The court’s docket will bear the cross noticed motion under the caption: “ADDED”.
At the scheduled hearing time the court will consider whether cross noticed issues can be addressed. Priority will be given to the originally scheduled matter.
- CANCELLATIONS/LENGTHY HEARINGS: Filing a notice of cancellation of hearing with the e-filing portal does not update the court’s calendar. The title of the notice of cancellation must indicate the hearing date, time and doc index #:
Notice of Cancellation: January 2 1:30 (37)
The reason for cancellation must be indicated in the body of the notice. Cancelling or rescheduling lengthy hearings is permitted without giving a reason if done more than 21 days before the hearing is scheduled. The scheduling party will be able to cancel directly thru JAWS. After that, the hearing may only be cancelled (DivisionL@fljud13.org or (813) 272-5330) under the following circumstances:
- The scheduled matter is resolved: E-file and upload an agreed order or settlement letter, stating the matter set for hearing is resolved, or a notice withdrawing the motion;
- The entire case is settled: E-file and upload a settlement letter stating the entire case is resolved;
- An unanticipated hardship makes attendance impossible;
- Required notice was not given, or other good cause. Predictable scheduling conflicts do not constitute good cause.
SCHEDULING CASE MANAGEMENT CONFERENCES
Initial Case Management Conferences are heard on the UMC calendar. A Case Management Report must be uploaded and e-filed for this hearing, pursuant to Local Rule 3.13 (See Business Court Rules).
DIVISION Y (TOBACCO LITIGATION)
Orders:
In
Statewide Portal, use the DIVISION Y queue when uploading orders for the court’s signature.
Scheduling:
Schedule hearings on DIVISION L’s published availability for 30 minute, UMC or Telephonic Docket, or follow procedures to schedule lengthy hearings.
DIVISION Z (ASBESTOS LITIGATION)
Asbestos Court Contact:
After reviewing the courts procedures and preferences questions related to the scheduling of asbestos matters in Division “Z” or the procedures should be directed to divisionL@fljud13.org
Asbestos Motion Calendar
The asbestos motion calendar is GENERALLY held the third Thursday of each month at 10:30 a.m. Counsel will be notified of any changes to the time. The asbestos motion calendar hearing dates for the year 2020 and 2021 are:
2020 Asbestos Hearing Dates:
|
January 16
|
July 16
|
February 25
|
August 27
|
March – No Monthly Hearing
|
September 17
|
April 16
|
October – 29
|
May 21
|
November 17
|
June 30
|
December 17
|
2021 Asbestos Hearing Dates: TBC
|
January 21
|
July 22
|
February 18
|
August 19
|
March – No Monthly Hearing
|
September 23
|
April 22
|
October – No Monthly Hearing
|
May 20
|
November 18
|
June 17
|
December 16
|
Asbestos Motion Calendar Coordinator
Copies of all motions and notices of hearing must be delivered via e-mail, U.S. mail, fax, or hand delivery to the Asbestos Motion Calendar Coordinator (Coordinator) whose contact information is:
Bice Cole Law Firm
Attention: MONTHLY HEARINGS
999 Ponce de Leon Blvd., Suite 710
Coral Gables, Florida 33134
Tele: (305) 444-1225
Fax: (305) 446-1598
MonthlyHearings@bicecolelaw.com
Asbestos Motion Calendar Agenda
An Asbestos Motion Calendar Agenda (Agenda) will be created by the Coordinator. In order for a motion to be placed on the Agenda and heard by the Court, the motion and a notice of hearing must be received by the Coordinator by 5:00 p.m. on the Thursday one week prior to the asbestos motion calendar hearing date. The Coordinator will provide the Court and counsel who have a motion set on the asbestos motion calendar with the Agenda no later than 3:00 p.m. on the Friday prior to the asbestos motion calendar hearing date. Motions for which copies are not timely received by the Coordinator are subject to not being heard by the Court at the asbestos motion calendar hearing.
Hearing Materials Please deliver any hard copy materials for the Court’s review in three-ring binders for receipt at least forty-eight (48) hours prior to the hearing.
Notices of Cancellation
When a hearing on a motion on the asbestos motion calendar is cancelled, a notice of cancellation must be promptly filed with the Clerk’s Office and delivered to the Coordinator. Notice to the Court may be accomplished by e-mailing a copy of the notice of cancellation and uploading to the statewide portal. Upon receipt of a notice of cancellation, the Coordinator will update the Agenda to reflect the cancellation and provide a copy of an updated Agenda to the Court and counsel.
Special Set Hearings:
Motions that cannot be addressed at an upcoming asbestos motion calendar due to exigent circumstances may be considered by the Court for a special set hearing. To request a special set hearing, the motion subject to the special set request must be filed with the clerk’s office and a courtesy copy, along with detailed correspondence stating the reason for the need to special set the motion, must be mailed or hand delivered to the Court. The Court will review the motion and determine whether the matter should be special set for hearing. The Judicial Assistant will contact counsel and advise whether the motion will be special set for hearing and, if so, will provide a hearing date and time.
Emergency Motion Procedures:
An emergency motion must be filed with the Clerk’s office. The word “emergency” must appear in the title. The Clerk will notify the court. Do not send additional copies to chambers.
Proposed Orders:
In the Statewide Portal, use the DIVISION Z queue when uploading orders for the court’s signature. Please follow Division L’s Procedures and Preferences for submission of proposed orders.
APPEARANCE BY ELECTRONIC MEANS
See Scheduling and Document Upload Procedures Tab Above.
COMMUNICATION TO CHAMBERS
Communication to Chambers should be directed to the division’s e-mail address:
DivisionL@fljud13.org.
Every case-related e-mail must be copied to all other parties and counsel. Telephone should be used only when there is a reason
e-mail is unsuitable for the communication.
Counsel and parties are authorized to e-mail the court to –
(a) request hearing time of 45 minutes or more, or otherwise inquire about scheduling;
(b) bring to the court’s attention any matter that needs the judge’s immediate attention;
(c) inquire about any ruling or decision that has been outstanding for more than 30 days;
(d) inquire about the status of an order if 2 weeks have elapsed since its submission;
(e) serve any notice or other document required to be served upon the judge;
(f) ask the court, with the consent of the other parties, to rule on a motion without a hearing; or
(g) make any other request for administrative or scheduling action by the court.
Please note that e-mail to chambers does not take the place of filing through the e-filing portal and does not become part of the record of proceedings. Ex parte e-mails or e-mails arguing a party’s case will be sequestered and never seen by the judge.
Legal or Procedural Advice
The court cannot give parties or attorneys legal or procedural advice.
HCBA Lawyer Referral Service(813) 221-7780
SUBMISSION OF PROPOSED ORDERS
Electronic Submission of Proposed Orders
Business Court requires the electronic submission of proposed orders through the Statewide Portal in PDF format, subject to specific exceptions. Proposed papers orders that fail to meet these exceptions will not be processed.
1. When Electronic Submission Required; PDF Format.
Prior to submission: The filing party must ascertain that the list of recipients and associated parties contains the correct e-mail address of each person or entity entitled to receive a copy of the order.
Submit any proposed order in PDF format through when it is
ready for signature and can be fully served by e-mail. “Ready for Signature” means the submitting attorney has truthfully checked the box stating all parties have agreed to the content of the order, or has separately submitted a cover letter signed by the attorney explaining why it is appropriate to sign the order.
In submitting proposed orders through the Statewide Portal, use PDF format (not Word). PDF documents should be created directly from the word processor, using “save as” PDF or printing to PDF, not by printing a document on paper and scanning it. Exhibits or attachments may be scanned from paper documents.
2. Submission in paper form. The Statewide Portal efficiently automates the conversion of proposed orders into signed, filed orders of court, but cannot efficiently fill in blanks on orders or generate paper service copies. Accordingly, proposed orders may be submitted in paper (with a cover letter, supporting documents, copies and addressed envelopes for all parties), when:
2.1 The signed order must be served on one or more persons in paper form (unrepresented parties);
2.2 The order requires manual processing by court staff, for example orders scheduling foreclosure or other judicial sale, or orders to show cause, which necessarily contain a blank for the return date;
2.3 The parties cannot agree to the form and content - If one of the competing proposed paper orders has not been signed after 10 days, the matter must be placed on the UMC or Telephonic Docket;
2.4 The court has authorized the submission of a paper order.
3. Form and Content of Proposed Order
Specifically:
- The title should begin with the subject, such as “order”, “final judgment”, etc. This may be preceded by an appropriate adjective such as“amended” or “stipulated.”
- The subject is followed by the appropriate verb (i.e. granting, denying, dismissing, etc.) The verb may be preceded by an appropriate adverb, such as“partially”
- Uninformative language such as “Order On…” is not acceptable.
- After the verb comes the object – the motion, pleading or other matter upon which the verb acts. The object must be sufficiently detailed to identify it uniquely within the case.
4. Rejected Orders
The judicial assistant is not authorized to speak for Judge Farfante about order rejection e-mails sent from his work queue. If a reason is not stated, the court chose not to give one. If staff is unable to discern the reason after reviewing the proposed orders section of the procedures/preferences tab, the attorney can schedule the issue in
JAWS on the UMC or Telephonic Docket.
5. Order Status
Normally, orders submitted through the Statewide Portal in pdf format are reviewed and either signed or rejected within 10 days. Orders submitted on paper due to dispute or other need for editing may take up to 30 days. If it is thought that the order may have been overlooked or misplaced, e-mail the Judicial Assistant if 10 days have elapsed since its submission, or set the issue on the UMC or Telephonic Docket.
SETTING A CASE FOR TRIAL
SELF-REPRESENTED LITIGANTS
Viewing documents filed:
To view any documents filed in your case, please visit https://hover.hillsclerk.com.
The Hillsborough Online Viewing of Electronic Records (HOVER) provides remote viewing of court records maintained by the Hillsborough County Clerk of the Circuit Court. On this site, attorneys of record and Self-Represented Litigants (pro-se) will have access to search case indexes and view case progress dockets and images not sealed or made confidential by Florida Rules of Judicial Procedure or court order. For issues or concerns, e-mail
hover@hillsclerk.com or call (813) 307-7180.
Scheduling hearings:
The court only enters rulings on written documents which have been properly filed, either electronically through the Florida Courts E-Filing Portal, or in paper form by filing with the clerk. After a document is properly filed, the court will not take any action on it until a hearing is held. To schedule a hearing after the motion is filed, e-mail a request for hearing to DivisionL@fljud13.org copying all associated parties to the case.
If you do not have access to e-mail you may submit the request in paper form to Division L, Complex Business Division, 505 Edgecomb Courthouse, 800 East Twiggs Street, Tampa, FL 33602 (phone: 813-272-5330).
The request must contain:
a) the title of the motion requiring hearing time;
b) the date the motion was filed with the clerk;
c) the amount of hearing time requested;
d) the date of the trial, if applicable.
e) phone number for self-represented litigant (if no access to e-mail)
The Judicial Assistant will e-mail available times to all sides. After coordinating the responses (by either phone or e-mail), the court will schedule the hearing which will appear on the court’s daily JAWS docket (not the clerk’s docketing system). Upon receipt of the JAWS scheduling e-mail, it is the responsibility of the moving party to file the notice of hearing with the clerk to give legally effective notice to all parties. Scheduling through JAWS does not substitute for filing a notice of hearing with the clerk.
Legal or Procedural Advice
The court cannot give parties or attorneys legal or procedural advice. HCBA Lawyer Referral Service (813) 221-7780
Parties unable to e-file should file all original documents with the Clerk of Circuit Court:
Hand Delivery: Room 101, Edgecomb Courthouse, 800 East Twiggs Street, Tampa, FL 33602 Mail: Clerk of the Circuit Court, Circuit Civil Division, PO Box 989, Tampa, FL 33601 Telephone Contact: Clerk’s Office, Circuit/Civil Division: 272-8100 extension 4365
Weblink:
http://www.hillsclerk.com
TRANSFERRING A CASE INTO BUSINESS COURT
Transferring a case into the Business Court can be sought by asking the assigned judge to refer the case to Business Court. Upon referral from the originally assigned judge, the Business Court Judge will determine whether to accept the case and may generate and sign an order of transfer.
MOTIONS FOR REHEARING/RECONSIDERATION/CLARIFICATION/NEW TRIAL