GOVERNING ADMINISTRATIVE ORDER

Thirteenth Circuit Administrative Order S-2024-071 governs County Civil operations. Judge Johnson follows the order. Parties are encouraged to review it at  https://www.fljud13.org/Portals/0/AO/DOCS/S-2024-039.pdf

 

HEARINGS

If you have a hearing scheduled with Judge Johnson, please refer to the notice of hearing you received. It probably has all the information you need to attend your hearing. If not, please do not hesitate to contact chambers.

 

The following proceedings will be held in person: 

• Evidentiary hearings
• Pretrial conferences, except initial appearance pretrial conferences for small claims set by the Clerk
• Jury trials and non-jury trials 
• Landlord/Tenant Eviction cases
• Hearings scheduled for more than 30 minutes
• Any other matter in which evidence will be taken

 

All other proceedings will be held remotely through Zoom. You can download the Zoom application here for your phone or computer and participate by video. The Zoom Link for Judge Johnson’s courtroom is https://zoom.us/j/95711376746  with Meeting ID 957-1137-6746.

 

If you do not have access to a computer with camera and speakers or a smart phone with video capability, you must still appear for the hearing by phone.  At the scheduled time of your hearing, you may access the hearing by calling 1-786-635-1003.  When prompted, enter the Meeting ID: 957-1137-6746. Please note, if you appear by phone, your hearing may be rescheduled for another date where you will be directed to appear by video or in-person at the courthouse.

 

Attorneys are required to appear by video, unless they file, and Judge Johnson grants, a motion to appear telephonically. To facilitate record-keeping, attorneys should eFile a notice of appearance in advance of the hearing, and they should sign into Zoom using their full first and last names. 

 

**WHEN PREPARING YOUR NOTICE OF HEARING ALWAYS INCLUDE THE FILING DATE AND DOCUMENT INDEX NUMBER OF THE MOTION BEING HEARD**

Cancellation of Hearings: Any hearing cancellation must be made in writing and emailed to civdivj@fljud13.org. PLEASE NOTIFY THE COURT ASAP IF HEARING TIME IS NO LONGER NEEDED SO THAT THE TIME MAY BE UTILIZED FOR ANOTHER CASE. 

 

Notice of Voluntary Dismissal.  Please copy civdivj@fljud13.org when eFiling a Notice of Voluntary Dismissal so all hearing/trial dates may be cancelled in JAWS.

 

Exception to required in-person hearings. Any party or attorney may submit to chambers (civdivj@fljud13.org) a request to conduct any non-evidentiary hearing remotely through Zoom. The request must copy all parties; it must use the words “REMOTE HEARING REQUEST” in the subject line of the email; and it must contain (1) the case number and caption; (2) the motion being heard; (3) the reasons for requesting a remote hearing; and (4) whether the opposing party consents to the remote hearing. (A statement that you have not heard back from the other side is unacceptable.) If the request is granted, the requesting party will be responsible for timely serving and filing an amended notice of hearing at least 10 days before the hearing. 

 

Unilateral notices of hearing. Hearings may be unilaterally noticed with a minimum of 45 days’ notice, and only due to a lack of cooperation. A notice of a hearing set unilaterally due to a lack of cooperation must describe, in detail, the efforts made to reach agreement on the 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.

 

Cross-noticing. Cross-noticing hearings is absolutely prohibited. If the parties agree to add certain motions to a hearing and the additional motions will not exceed the time already allotted, they should file an amended notice of hearing after clearing the addition with Judge Johnson’s chambers. Motions unilaterally cross-noticed will not be heard and may be denied without prejudice. 

 

Bulk hearings.  Please email civdivj@fljud13.org to obtain hearing time to schedule a bulk hearing.

 

Locating hearing time. All available hearing times up to 15 minutes are listed on JAWS. If you have questions about availability or need more than 15 minutes for your hearing, please contact chambers.  THE UMC DOCKET IS FOR HEARINGS REQUIRING FIVE (5) MINUTES OR LESS.

**Please be advised the hearing dates provided by the Judicial Assistant will ONLY be scheduled on Judge Johnson’s docket in JAWS upon receipt of a copy of the eFiled Notice of Hearing.

 

 LEGAL AUTHORITY FOR HEARINGS

Any legal authority you would like Judge Johnson to consider before a hearing should arrive in chambers no fewer than 5 days before the hearing. Material received after that deadline will not be considered. Judge Johnson does not require authority to be submitted, but will gladly consider any material provided.

 

If the materials you submit to the Court have any highlighting, identical copies must be provided to all other parties in advance of the hearing. 

 

**ALL HEARING BINDERS PROVIDED TO THE COURT MUST BE PICKED UP NO LATER THAN 5 DAYS FOLLOWING THE COURT PROCEEDING.  ALL HEARING BINDERS NOT RETRIEVED WITHIN 5 DAYS WILL BE RECYCLED**

 

PROPOSED ORDERS

Proposed orders must be submitted in PDF format through the Florida Courts E-Filing Portal. 

 

Proposed orders following a hearing must be submitted within 10 days. Failure to timely submit a proposed order may result in denial of the motion without prejudice or a rehearing. As required by paragraph 23 of Administrative Order S-2024-071, the party charged with submitting the order must consult with all parties within 5 days of the hearing and make a genuine effort to agree on the language of the proposed order.

 

Proposed orders should be accompanied by a cover letter identifying the hearing date (if any) and stating whether all parties agree to the form and content of the order. It is not sufficient to state that the proposing party has not heard back from others, unless 5 days have elapsed without a response. The cover letter must affirmatively state whether the other parties object or do not object to the form and content of the order. Any party objecting to the form and content of an order must notify chambers immediately and submit a competing order within 3 days. (See below.) 

 

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. Except in rare circumstances, agreed orders that are not preceded by a motion or stipulation will be rejected. See also Admin. Order S-2024-071 ¶ 23(E). 

 

Competing proposed orders. If, following a hearing, the parties disagree about the form and content of an order, they may submit competing orders. Competing orders should be submitted in Word format to the division email civdivj@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. 

 

MOTIONS TO COMPEL

Motions to compel discovery must comply with the good-faith conference certification requirements of Rule 1.380. Motions that do not comply will be denied. Judge Johnson expects parties to undertake true, good-faith efforts to resolve discovery disputes before filing a motion to compel. 

 

Orders Without a Hearing. Paragraph 15 of Administrative Order S-2024-071 allows the Court to issue orders compelling discovery without a hearing in certain circumstances. Parties are cautioned to read the administrative order closely before submitting a proposed order. 

 

Jury Trial and Non-Jury Trials

Small claims non-jury trials will be set by the Court. Small claims jury trials must be set on the Court’s regular trial calendar.

 

For all cases subject to the Florida Rules of Civil Procedure: All motions, except motions in limine, must be heard before the Pre-Trial Conference. No motions will be heard after the Pre-Trial Conference. Attendance at the pretrial conference in person is mandatory.  Parties must first confer regarding Motion(s) in Limine before requesting hearing time from the court.

Pre-trial Conference dates and Trial weeks are available on the Division website under “Schedule”. If both parties agree to a trial date published on the website, they may prepare and submit through the E-filing portal a Uniform Order Setting Trial and Pretrial (available under “Forms” on division web page).

 

To schedule a jury or non-jury trial date, parties must send an email to the division’s email, civdivJ@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 Assistant will provide dates for the final pretrial conference 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 party setting the trial to prepare the Order setting trial and to file through the E-PORTAL for the Judge's signature.

 

ADDITIONAL PROCEDURES

Mediation

All cases must be mediated before trial.

 

Professionalism:

Judge Johnson expects the highest standards of professionalism, civility, candor, and preparation in her 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 J, please contact the Division’s Judicial Assistant by calling (813) 272-0243 or emailing civdivj@fljud13.org.  Please note the Judicial Assistant is happy to assist with the Clerk’s cases and docket.  However, the Judicial Assistant may not provide legal advice or discuss specific case details.