I. Hearings:

 

Scheduling:

• 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 30 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 emailing civdivp@fljud13.org to obtain available hearing times.
• After obtaining a hearing time either through JAWS or the Judicial Assistant, a Notice of Hearing must include the documentation number (Doc #) and be e-filed with the Clerk of Court using the Florida Courts E-Filing portal at myflcourtaccess.com/ and a copy emailed to  civdivp@fljud13.org.
• If you need an interpreter, please provide your own.

Notices of Hearing:

• All notices of hearing must contain the document number (Doc #) and corresponding title of each motion set for hearing or the hearing maybe cancelled. The notice of hearing must be e-filed no later than 48 hours from the time of scheduling, otherwise the hearing will be stricken by the court and the time slot will be given to another party requesting a hearing.
• If the Notice of Hearing is amended, a courtesy copy of the Amended Notice of Hearing must immediately email to the Judicial Assistant.
• If the hearing will be conducted virtually, the following Zoom information must be included in the Notice of Hearing:
  https://fljud13-org.zoom.us/j/7850845875 Zoom Meeting ID is 785-084-5875.
• Please email a copy of the notice of hearing to civdivp@fljud13.org
• See “ Appearing via Zoom” below for further instructions

Unilateral Notices: 

• 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:

• 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.
• All cancellations of hearing (except a Pretrial Conference hearing and/or a Small Claims Pre-Trial Conference, which cannot be cancelled by a party) shall be in writing, including hearings cancelled through JAWS.
• All cancellations of hearing (except a Pretrial Conference hearing and/or a Small Claims Pre-Trial Conference, which cannot be cancelled by any party) 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 civdivp@fljud13.org.  

 

 

 AT A GLANCE SCHEDULING

Matters That Can Be Heard Within 5 Minutes	Matters That Can Be Heard Within 15 Minutes	Matters That Can Be Heard Within 30	Matters That Require More Than 30 Minutes	Cancelling Hearings Within 48 Hours of Hearing
UMC CALENDAR (Set on JAWS)	DAILY 15 DOCKET (Set on JAWS)	DAILY 30 DOCKET (Set on JAWS)	E-MAIL REQUEST TO JA, Attorneys, and Self-Represented Litigants: Must be cleared by the JA.	E-mail JA a copy of the Notice of Cancellation AND e-file in E-Portal

 

II. Motions

• A motion must include — in a single document not longer than twenty-five pages exclusive of all attachments— a concise statement of the precise relief requested, a statement of the legal basis for the request, and a legal memorandum (e.g., statute, rule of procedure, case law) supporting the request. Pleadings filed without appropriate legal authority may be stricken or denied as facially insufficient.
• It is not necessary to attach the full version of filings already in the court file. For example, it is not necessary to attach the final judgment to a motion. Instead, the parties should cite to the filing as necessary and pinpoint precisely the reference being made in the filing. For example, “the Final Judgment (Doc #72 at 12, ¶8(a)).”
• If the interested parties agree to the relief sought in a motion, the title must include “agreed,” “unopposed” or “stipulated,” as appropriate.
• The Court strongly prefers the parties to identify the document number of relevant items within the case file in the motion. E.g., a Motion to Dismiss a Complaint might read: “Motion to Dismiss Complaint (Doc #1)”. If no document number is available, the party should identify the date the pleading was filed.

Mediation:

• All cases must be mediated prior to the filing of a Motion for Summary Judgment.

Discovery Motion:

• Discovery disputes shall be handled in an expedited manner and in person. If the parties cannot resolve a discovery matter, the court will hold an in person hearing to resolve said issue and schedule them unilaterally if necessary. Either party can contact the Judicial Assistant at 813-272-6873 for an expedited hearing date and time.
• Similar to Unilateral Notices, please be prepared to document efforts to resolve the discovery dispute.

 
Emergency Motions:

• Emergency motions are treated as emergencies and are reviewed by the Court forthwith. The designation of something as an “emergency” accords the pleading extraordinary treatment. No party or attorney should file a motion as an “emergency” without first studying Smith v. Crider, 932 So.2d 393 (Fla. 2d DCA 2006). The unwarranted designation of a motion as an “emergency” may result in a sanction.
• If a party or counsel files an “emergency” motion, the Court expects that they will be immediately available for an “emergency” hearing including at night or on weekends and in-person. A prayer for “emergency” relief signals to the Court that the parties will treat the issue as an “emergency” that requires their and the Court’s immediate attention.
• If a party or counsel files an “emergency” motion, the correct contact information for the opposing party must be included, if at all possible. This includes email addresses and potentially phone numbers. This includes motions filed ex parte. If the movant does not have any contact information for the opposing party, please state that in the motion.

Case Law and Legal Authority: 

• Memorandums of law are preferred and strongly recommended, including memorandum in opposition to motions. Any memorandum or authority filed less than 5 business days before the hearing may not be considered or may require the hearing to be rescheduled.
• Any legal authority you would like the Judge to consider prior to a hearing should arrive in chambers at least 5 business days before a scheduled hearing via mail or hand delivery.
• If authority is submitted, it should be highlighted consistent with the memorandum of law.

 

Appearing in Person:

• If you have a hearing scheduled in Division P, 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) 272-6873 or emailing civdivp@fljud13.org. Thirteenth Judicial Circuit Administrative Order S-2021-051 governs proceedings during the mitigation of and recovery from the COVID-19 pandemic. Considering that order, the following proceedings will be held  in person:
• All Discovery Disputes;
• Hearings scheduled for 15 minutes or more;
• Evidentiary matters;
• Jury and non-jury trials;
• Small claims Pre-Trial hearings; and
• Final hearings;
• All other proceedings can be noticed to held remotely through Zoom, which may be downloaded  here for free.
• Unfortunately, Courtroom 416 is not equipped to handle hybrid hearings. All parties must appear in person, unless allowed consistent with the rules governing “Appearing in Person” and all parties agree to appear remotely.
• Please indicate as such in the Motion and proposed Order.
• Any requests that are not rule upon by the courts are deemed denied until ordered otherwise by the court.

 

Appearing via Zoom:

• 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
• Unfortunately, Courtroom 416 is not equipped to handle hybrid hearings. All parties must appear in person, unless allowed consistent with the rules governing “Appearing in Person” and all parties agree to appear remotely
• Zoom courtroom information:
  • https://fljud13-org.zoom.us/j/7850845875
  • Meeting ID: 785-084-5875  

 

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.
• Be aware of what can be seen and heard through your camera and microphone.
• Act and appear as if you’re in a courtroom, including attire.

 

Small Claims Pre-Trial Conferences:

• Plaintiff(s) and counsel must appear in Court in person on the date specified in order to avoid having the case dismissed. Defendant(s) and counsel must appear in Court in person on the date specified in order to avoid a default judgment.
• [ATTORNEYS ONLY]The date and time of the small claims pretrial conference CANNOT be rescheduled without good cause and prior Court approval. In the event an attorney has an unavoidable calendar conflict, such attorney must file a written Motion to Continue Pre-Trial Conference and notice it for a hearing prior to the Small Claims Pre Trail Hearing state with specificity the reason(s) why a continuance is necessary. Any Motion to Continue Pre-Trial Conference based on an attorney calendar conflict must be filed and heard at least 5 business days prior to the scheduled Pre-Trial Conference. An untimely Motion to Continue Pretrial Conference based on a calendar conflict will be denied.
• Cases involving parties with counsel on both sides can agree to waive the Small Claims Pre-Trial Conference by submitting a Motion and Order to the Court. The order must include a requirement for the parties to attend mediation within 120 days.

 

III. Orders:

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 docket entry number of the stipulation or motion providing the basis for the relief E.g. (Doc #).

 

Submitting Proposed Orders:

• All proposed orders must be accompanied by a cover letter and include the document number of motion being referenced. 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. It is not sufficient to state that the proposing party has not heard back from others.
• Proposed orders must be submitted to the Court within ten (10) days of the hearing and/or ruling. The party charged with submitting the ordermust 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(s) 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 must order any available transcript and file motion for clarification by the Court, with said transcript attached.

 

IV. Trials:

Jury Trial and Non-Jury Trials:

• All motions must be heard before the Pre-Trial hearing, no motions will be heard after the Pre-Trial Hearing.
• 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.

 

The Procedure:

• In order to schedule a jury or non-jury trial date, parties must send an email to the division’s email, civdivp@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 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.
• 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

Professionalism:

• Judge Makholm 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 P, please contact the Division’s Judicial Assistant by calling (813) 272-6873 or emailing civdivp@fljud13.org.