NAVIGATION

You are here: Judicial Directory > James Giardina > Procedures/Preferences

Procedures/Preferences

Scheduling Hearings:
  • A motion must be filed with the Clerk of Court before setting the matter for hearing in JAWS or requesting hearing time from the Judicial Assistant.
  • All matters requiring 15 minutes or less of hearing time must be scheduled through JAWS, unless time sensitive or special circumstances exist.
  • Any matters requiring more than 30 minutes of hearing time must be scheduled through the Judge’s Judicial Assistant by calling (813) 272-5778 or emailing civdivh@fljud13.org to obtain available hearing times.
  • After obtaining a hearing time either through JAWS or the Judicial Assistant, a Notice of Hearing must be e-filed with the Clerk of Court using the Florida Courts E-Filing portal at myflcourtaccess.com/ and a copy emailed to civdivh@fljud13.org.
  • Unilateral notices of hearing.  Hearings may be unilaterally noticed only due to a lack of cooperation, and with a minimum of 30 days notice.  A notice of hearing set unilaterally due to a lack of cooperation must be accompanied by a cover letter describing, in detail, the efforts made to reach agreement on the hearing date.  At least three (3) attempts must be made to coordinate a 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 by the Court without notice.
Cancellation of Hearings:
  • All cancellations of hearing (except a Pretrial Conference hearing) shall be in writing, including hearings cancelled through JAWS.
  • All cancellations of hearing (except a Pretrial Conference hearing) shall be e-filed with the Clerk through the Florida Courts E-Filing Portal at myflcourtaccess.com/ at least 24 hours prior to the scheduled hearing, and a copy sent via email to civdivh@fljud13.org.  
  • Last minute cancellations. The Court is committed to preparing for all hearings by reviewing relevant motions and responses prior to all scheduled hearings.  Accordingly, last minute cancellations (less than 1 business day notice) made without good cause may result in the Court ruling on the pending motion without a hearing.

 

AT A GLANCE SCHEDULING

Matters That Can Be Heard Within 5-10 Minutes

Matters That Can Be Heard Within 15 Minutes

Matters That Can Be Heard Within 30-60 Minutes

Cancelling Hearings Within 24 Hours of Hearing

UMC CALENDAR
(Set on JAWS)

DAILY DOCKET
(Set on JAWS)

E-MAIL REQUEST TO JA

Attorneys and Self-Represented Litigants: Must be approved by the court.

E-mail JA a copy of the Notice of Cancellation AND file in E-Portal

 

Notices of Hearing:
  • All notices of hearing shall include the name, docket entry number, the date of filing of the motion to be heard and any responses/replies thereto, as well as the time reserved for the hearing.
Appearing at Hearings:
  • If you have a hearing scheduled in Division H, please refer to the notice of hearing you received.  It should have all of the information you need to attend your hearing.  If not, please contact the Judge’s Judicial Assistant by calling (813) 272-5778 or emailing civdivh@fljud13.org .
  • **Effective February 14, 2022 for hearings not yet scheduled: 

  • All hearings will be held in person, unless indicated otherwise by the Court. 
  • Any special request to appear by Zoom/phone at a hearing by any party or attorney must be submitted to the Court through a written motion e-filed with the Clerk of Court using the Florida Courts E-Filing portal at myflcourtaccess.com/ along with a proposed order. The motion shall provide good cause why such exception is necessary.

Telephonic / Zoom appearances
  • All hearings will be held in person, unless indicated otherwise by the Court.
Motions to Appear Via Zoom
  • Any special request to appear by Zoom/phone at a hearing by any party or attorney must:
    • Be filed at least at least 10 days prior to the scheduled hearing date. Last minute filings are disfavored.
    • Be submitted to the Court through a written motion e-filed with the Clerk of Court using the Florida Courts E-Filing portal at myflcourtaccess.com/.
    • Set forth good cause why such why telephonic appearance is necessary.
    • State whether the opposing party consents to the motion.
    • If the opposing party objects, set forth the efforts, made by the moving party to discuss the matter with the nonmoving party, including dates thereof.
    • Be accompanied by a proposed order meeting the requirements below.
Proposed Orders Permitting Zoom Appearance
  • Proposed Orders for Zoom Hearings must meet the following requirements:
    • Allow all parties to appear via Zoom
    • State the date and time of the hearing
    • State the title of the motion to be heard Via Zoom
    • State the Court’s Zoom information and call in number.


Videoconference Hearings:
  • All hearings are presumed to be in-person unless a Motion to Appear via Zoom has been filed and an Order has been granted by the Judge. 
  • Zoom courtroom information:
    • https://zoom.us/j/97219657408
    • Meeting ID: 972-1965-7408 
    • Password: 031612
    • One tap mobile: 1-253-215-8782; 1-301-715-8592; 1-312-626-6799; 1-646-558-8656
  • All videoconference attendees must display their first and last names and use both the audio and visual capabilities. Otherwise, they must be prepared to explain why they are unable to comply with these requirements, and the Court may continue a hearing or require in-person attendance.
  • Videoconference etiquette. All parties and attorneys are reminded of the following items of videoconference etiquette that will help make justice more accessible for all individuals who come before this Court: 
    • Keep your microphone and camera off until the Court calls your case.
    • Turn on your microphone and camera when your case is called.
    • Turn off your microphone when your hearing is concluded.
    • Mute your microphone when you aren’t speaking. 
    • Display your first and last name. 
    • Act and appear as if you’re in a courtroom. 
    • Be aware of what can be seen and heard through your camera and microphone. 
Pre-Trial Conferences:
  • Plaintiff(s) must appear in Court on the date specified in order to avoid having the case dismissed. Defendant(s) must appear in Court on the date specified in order to avoid a default judgment.  
  • Anyone appearing for a party must have full authority to settle for all amounts from zero to the amount of the claim without further consultation.  Failure to comply may result in the imposition of sanctions, including costs, attorney fees, entry of judgment, or dismissal. 
  • [ATTORNEYS ONLY]  The date and time of the pretrial conference CANNOT be rescheduled without good cause and prior Court approval.  In the event an attorney has an unavoidable calendar conflict, such attorney may file a written Motion to Continue Pre-Trial Conference and state with specificity the reason(s) why a continuance is necessary.  Except in the case of an unforeseeable emergency, accident, hospitalization, or other good cause, a Motion to Continue Pre-Trial Conference based on an attorney calendar conflict must be filed at least 5 business days prior to the scheduled Pre-Trial Conference AND the movant must email the Judicial Assistant at civdivh@fljud13.org at least 5 business days prior to the scheduled Pre-Trial Conference to inform the Court that a Motion to Continue Pre-Trial Conference has been filed and is pending.  An untimely Motion to Continue Pretrial Conference based on a calendar conflict will be denied.
Submitting Proposed Orders:
  • All proposed orders must be accompanied by a cover letter. The cover letter must identify the hearing date (if any) and must affirmatively state whether the other parties object or do not object to the form of the order (i.e. 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 3 days have elapsed without a response. 
  • Proposed orders must be submitted to the Court within one (1) week of the hearing and/or ruling.  The party charged with submitting the order must consult with all parties prior to submission of the proposed order to the Court.  Parties must make a genuine, good faith effort to agree on the language of the proposed order.
  • All proposed orders shall be submitted to the Court in PDF format via the e-filing portal.  If at least one party is proceeding as a pro se (self-represented) litigant, then after a hearing, proposed orders may be submitted to the Court on paper.  Proposed order submitted on paper must also be accompanied by three copies for conforming, pre-addressed, stamped envelopes for each party in the case, and a cover letter.
  • Competing proposed orders. If, following a hearing, the parties are unable to agree about the form of an order, they may submit competing orders. Competing orders should be submitted in Word format to the division email (civdivh@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. 
  • 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.
Case Law and Legal Authority:
  • Any legal authority you would like the Judge to consider prior to a hearing should arrive in chambers at least 3 business days before a scheduled hearing via mail or hand delivery.  The Judge does not require authority to be submitted, but will gladly review and consider any material provided.
Jury Trial and Non-Jury Trials:
  • Parties scheduling either non-jury or jury trials must also schedule the designated final pretrial conference one month prior to the trial date. Attendance to the pretrial conference is mandatory and in person.
  • All required documents must be filed before the court will permit the Parties to obtain a trial date.
  • The procedure for scheduling a trial. In order to schedule a jury or non-jury trial date, parties must send an email to the division’s email, civdivh@fljud13.org, requesting final pretrial and trial dates. ALL PARTIES MUST BE INCLUDED IN ANY EMAIL SENT TO THE COURT. The parties shall submit the desired trial month, and the judicial assistance (JA) will provide dates for the final pretrial hearing and the date of week for either the jury trial or non-jury trial. After the parties have selected the final pretrial and jury trial or non-jury trial dates, they will notify the JA via email of the agreed upon date. It is the responsibility of the parties to ensure that all JAWS notifications, hearing notices, trial orders, and any other paperwork are properly filed; and failure to do so may result in the trial hearing being stricken.
  • In a jury trial, proposed voir dire questions, proposed jury instructions, and a brief joint statement of the case to be read to the jury must be submitted to chambers at least 7 days before the trial starts.
  • 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.
Professionalism:
  • Judge Giardina expects the highest standards of professionalism, civility, candor, and preparation in his courtroom.  Any attorney or party displaying conduct unbecoming of the proceeding may be subject to sanctions without notice.
Contact:
  • If you have any questions regarding cases in County Civil, Division H, please contact the Division’s Judicial Assistant by calling (813) 272-5778 or emailing civdivh@fljud13.org