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Procedures/Preferences

AS OF SEPTEMBER 21, 2022, ALL CONTESTED EVIDENTIARY MATTERS (I.E. FINAL HEARINGS, TEMPORARY RELIEF MOTIONS, MOTIONS FOR CONTEMPT; ORDER TO SHOW CAUSE HEARINGS, CONTESTED TPR HEARING, AND MOTIONS TO COMPEL) AND PRETRIAL CONFERENCES WILL BE CONDUCTED IN PERSON AT 800 EAST TWIGGS STREET, COURTROOM 413, TAMPA FL 33602.

UNCONTESTED MATTERS (I.E. CASE MANAGEMENT CONFERENCES, UNCONTESTED HEARINGS) WILL TAKE PLACE VIA ZOOM.


ADOPTIONS CAN BE HEARD IN PERSON OR VIA ZOOM.


DISMISSAL DOCKETS WILL TAKE PLACE VIA ZOOM.


ALL EXHIBITS AND/OR CASE LAW, FOR ANY EVIDENTARY HEARINGS OR TRIALS SET WITH JUDGE GREEN, NEED TO BE SENT TO THE DOWN TOWN COURTHOUSE (800 E. TWIGGS ST, ROOM 429, 4TH FLOOR) NO LESS THAN 2 BUSINESS DAYS PRIOR TO THE HEARING, 3 BUSINESS DAYS IS PREFERRED


For hearing taking place electronically, Division E 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 Green is 917-102-0630. Please include the Court’s Zoom information on Notice of Hearing. The court is able to swear in witnesses and parties over Zoom; please have a picture identification with you to show the Court.


ZOOM LINK: https://zoom.us/j/9171020630 


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 famlawdive@fljud13.org. TThe 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. Please include all parties on all communication with this office.

SCHEDULING HEARINGS

The preferred method for scheduling in Division E is by JAWS. Anything more than 30 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 only notify the Judicial Assistant once the parties have coordinated a date/time.

NOTICES OF HEARINGS:

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, password, and a copy of a link to the Zoom meeting).

Please email the JA a copy of the Notice of Hearing to famlawdive@fljud13.org

CANCELLATION OF HEARINGS:

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 famlawdive@fljud13.org

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 the 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.

TELEPHONIC APPEARANCES

Telephonic Appearances are on a case by case basis. You will need to file a motion and order through JAWS (Pro Se by paper, mail or hand delivery). In the motion, it needs to state all parties’ position. If you are representing yourself, you will need to have a Notary present at the time of the hearing. The individual requesting to appear by phone will need to add their contact number into the proposed order. Please make sure that you will be readily available to be on the phone at the time of the hearing as the Court will be calling at the beginning of the hearing.

CLERK’S INITIAL 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 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.

CASE MANAGEMENT CONFERENCES:

This Docket is used for a Status Conference. This is a multi-case docket, each case is allowed five (5) to seven (7) minutes per case. Hearings set on this docket will be conducted via Zoom. Please email the JA a copy of the Notice of Hearing.

UMC/Open DOCKET:

This Docket is used for a Status Conference, a 5 minute Motion, and an Uncontested Motion or for an Uncontested Final Hearing. Each side has 3 minutes to argue the motion/issues. Hearings set on this docket will be conducted via Zoom. Please email the JA a copy of the Notice of Hearing.

MOTION DOCKET

If your Motion is a post-judgment Motion, IT MUST be referred to the General Magistrate and mediated if ordered to do so. This docket will be available on-line through JAWS (similar to our Open Docket) for you to schedule hearings up to 30 minutes in length. The Motion Docket is for 15- or 30-minute hearings. If you are unable to clear time on an available Motion Docket, you may e-mail the JA to obtain alternative hearing times, cc-ing all parties. Hearings set on this docket will be in person, please email the JA a copy of the Notice of Hearing.

 

PLEASE NOTE: RESPONSES TO MOTIONS AND COPIES OF EXHIBTS AND/OR CASE LAW MUST BE DELIVERED TO THIS COURT TWO (2) BUSINESS DAYS BEFORE THE HEARING TO ENABLE A REVIEW BY THE COURT. ANY RESPONSES TO MOTIONS AND COPIES OF EXHIBITS AND/OR CASE LAW DELIVERED TO THIS COURT LESS THAN TWO (2) BUSINESS DAYS BEFORE THE HEARING WILL 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). 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.

TEMPORARY RELIEF HEARINGS

Administrative Order 2016-030, § 15. 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

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 send and notify the Judge’s a copy of the Emergency Motion for review.
4. The judicial assistant will e-mail or mail a copy of the Judge’s decision regarding the emergency status of the motion to both parties.

TRIALS:

All CONTESTED Final Hearings, including default final hearings, 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 cancelation of the Final Hearing.

 

Any trial request for over two (2) hours must be also be set for a Pretrial Conference. The parties are to email the JA at FamLawDivE@fljud13.org for available Trial and Pretrial Conference dates. Parties may request half day or full day trial dates.
Once a pre-trial and trial date have 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. The date/time of the trial (or final hearing) will be determined by the Judge at the Pre-Trial Conference.

 

If you are setting a Contested Final Hearing on a 30 or 15 minute docket (even a Default Final Hearing), you must also submit an Order Setting the Final Hearing for the Judge's signature. Please upload the orders into the Judge's Work que through the E-portal.

 

FAMILY LAW 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 if ordered by the Court.

 

You must e-mail the judicial assistant to schedule post judgment hearings.

 

PLEASE NOTE:  RESPONSES TO MOTIONS AND COPIES OF EXHIBTS AND/OR CASE LAW MUST BE DELIVERED TO THIS COURT TWO (2) BUSINESS DAYS BEFORE THE HEARING TO ENABLE A REVIEW BY THE COURT. ANY RESPONSES TO MOTIONS AND COPIES OF EXHIBITS AND/OR CASE LAW DELIVERED TO THIS COURT LESS THAN TWO (2) BUSINESS DAYS BEFORE THE HEARING WILL 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). 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.

SUBMITTING PROPOSED ORDERS:

Proposed Orders that are agreed upon by the parties can be submitted to the Judge in Family Law Division “E” either by mail or electronically through the E-portal as a “PDF” formatted document. PLEASE DO NOT SUBMIT BOTH WAYS.  Please include a cover letter with a proposed Order indicating the proposed Order was submitted to the opposing party and if they are in agreement with the said document. 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, with a cover letter listing the objections, which will be forwarded to the Judge upon receipt of both proposed competing Orders.

 

Incoming Withholding Orders can be uploaded into E-portal. 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.

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 “E”.

DISSOLUTION OF MARRIAGE
COURT HEARING VIDEO CONFERENCING TIPS
  • Dress and look like you are going to court. No hats please.
  • 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.
  • 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.
  • 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. (Wireless earbuds are less distracting than large headphones and exclude outside noise. Wired earbuds can be distracting and the built-in microphone often rubs on your clothes.)
  • Speak slowly and clearly. Avoid speaking over others.
  • Avoid typing, eating or drinking during the conference.

Do your best to ensure privacy during the conference; everyone understands children, pets, and other members of the household might wander in.