HEARINGS

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

 

Florida Rule of General Practice & Judicial Administration 2.530 governs the use of communication technology for court proceedings. In other words, it controls whether a hearing should be scheduled on Zoom or in person. Considering that rule, the following proceedings will be held in person, subject to the exceptions described below:

 

• Hearings scheduled for more than 30 minutes.
• Evidentiary hearings.
• Pretrial conferences, except small claims pretrial conferences set by the Clerk.
• Jury trials, non-jury trials, small claims trials, and summary proceeding trials conducted under section 51.011.
• Any other matter in which evidence will be taken.

 

All other proceedings will be held remotely through Zoom, though Judge Murphy welcomes in-person hearings of any kind if the parties agree to appear in person.

 

You can download the Zoom application here for your phone or computer and participate by video. The Meeting ID for Judge Murphy’s courtroom is 957 1137 6746. You can also click this link to enter the courtroom.

 

If you would like to participate by phone, please call +1 253.215.8782 and then enter the meeting ID (957 1137 6746) when prompted.

 

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

 

Exception to required in-person non-evidentiary hearings. For any non-evidentiary proceeding longer than 30 minutes, the parties may agree to conduct the hearing by Zoom, with Judge Murphy’s approval. Any such request should be submitted to chambers by email (civdivj@fljud13.org). 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.

 

Exception to required in-person evidentiary hearings. A party wishing to appear by Zoom for an evidentiary hearing must file the motion required by Florida Rule of General Practice & Judicial Administration 2.530(b)(2)(A).

 

UMC Dockets. UMCs are reserved for hearings that should take less than 5 minutes. As a general rule, dispositive motions (including motions for summary judgment, to dismiss, and to strike affirmative defenses) are not appropriate for a UMC docket, unless the issue is exceedingly narrow. If the hearing exceeds 5 minutes, it may be summarily canceled and rescheduled to accommodate the other parties who are waiting patiently to be called.

 

Notice of Hearing. Hearing notices should identify the matters to be heard, the time of the hearing, the amount of time reserved, and the location of the hearing. If the hearing will occur on Zoom, the notice should include the Zoom information. Hearing notices should be served on all parties and filed with the Clerk of the Court. Hearings not properly or timely noticed will be canceled.

 

Unilateral notices of hearing. Hearings may be unilaterally noticed with a minimum of 60 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, they should file an amended notice of hearing after clearing the addition with Judge Murphy’s chambers. Motions unilaterally cross-noticed will not be heard and may be denied without prejudice.

 

Locating hearing time. All available hearing times up to 60 minutes are listed on JAWS. If you have questions about availability or need more than 60 minutes for your hearing, please contact chambers by phone or email. If you cannot locate hearing time or your matter is time-sensitive, please do not hesitate to reach out. Our office works hard to accommodate parties for hearings under any circumstance.

 

Right to set hearings, generally. Parties have a right to have their pending motions heard. It is not acceptable to refuse to collaborate or set hearings because other issues or discovery are outstanding. If a party believes the hearing should be continued or deferred because of pending matter, that request may be presented in a filing or at the hearing.

 

Appraisal motions. Motions to dismiss or to stay and compel appraisal filed in auto glass cases may be set for in any hearing slot for 15 minutes or more. Multiple motions may be set for the same hearing time if the policy and issues are similar or the same. Any evidentiary hearing must be properly noticed as such.

 

 

LEGAL AUTHORITY FOR HEARINGS

Any legal authority you would like Judge Murphy to consider before a hearing should arrive in chambers no fewer than 3 days before the hearing. Material received after that deadline may not be considered. Judge Murphy does not require authority to be submitted, but will gladly consider any material provided.

 

Materials may be submitted electronically by email or in paper. Electronic materials must be contained in one PDF file and each separate document must be bookmarked. Materials not properly bookmarked will not be considered. Assistance on how to bookmark a PDF can be found here. Materials submitted in paper should be tabbed with an index. Highlighting is helpful, but if you highlight a document, identical copies must be provided to all other parties in advance of the hearing.

 

 

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 5 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-2022-032, 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.

 

Cover letters. 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 3 days have elapsed without a response. The cover letter must affirmatively state whether the other parties object or do not object to the form of the order. Any party objecting to the form 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.

 

Competing proposed orders. If the parties disagree about the form 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(a)(2). Motions that do not comply will be denied and any hearing on the motion will be canceled. Judge Murphy expects parties to undertake true, good-faith efforts to resolve discovery disputes before filing a motion to compel. A single, terminal letter or email containing an ultimatum is insufficient.

 

Orders Without a Hearing. Paragraph 15 of Administrative Order S-2022-032 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.

 

 

DIFFERENTIATED CASE MANAGEMENT 

Differentiated Case Management Orders are enforced. The language of the DCM order, any order setting the case for trial, and Administrative Order S-2022-033 control continuances and the modification of case management deadlines. Please read them carefully. Please also review the governing rules and Supreme Court administrative order. See Fla. R. Civ. P. 1.200; Fla. R. Gen. Prac. & Jud. Admin. 2.250, 2.545; AOSC21-17 Amendment 3 (Fla. Jan. 8, 2022.

 

Requirements. All requirements for case management are listed in the relevant rules, administrative orders, and differentiated case management orders issued by the court. Read them carefully. It is the parties’ obligation to ensure their case contains an active and effective case management and trial order. Failure to timely submit proposed case management or trial orders may result in the court setting your case for trial on the earliest possible calendar without notice.

 

Extending deadlines. Orders simply extending case management deadlines a certain number of days (for example, “All deadlines are extended 180 days.”) will not be entertained. The parties must submit an amended DCM order in the same or similar form as the original DCM order. The Amended Circuit Civil General and Extended Differentiated Case Management Order, which can be found here, is an acceptable template. The parties may customize the deadlines to the needs of the case, but the general order of the deadlines should remain the same unless otherwise instructed. Judge Murphy does not permit discovery to occur until the pretrial conference except in extraordinary circumstances. Judge Murphy has Word versions of amended DCM and trial orders that he can provide upon request.

 

TRIALS AND FINAL HEARINGS

For all civil cases that are not governed by the Florida Small Claims Rules or by the summary procedure in § 51.011, Judge Murphy uses the Circuit Civil Uniform Order Setting Case for Trial and Pre-Trial and Uniform Pre-Trial Conference Order. They can be found here. Pretrial orders should be customized to the needs of the case.

 

If a case is at issue, any party may file a notice for trial and submit a proposed order setting the case for pretrial and trial. A hearing is not required unless the parties cannot agree on the date of the pretrial conference or the trial. A schedule of pretrial dates and trial weeks is located under the “Schedule” tab of Judge Murphy’s website.

 

Pretrial Conferences. Unless otherwise ordered, all pretrial conference are held in person at 2:00 p.m. At the pretrial conference, the parties should be prepared to discuss all pending matters, including discrepancies in jury instructions, pending motions, and objections to witnesses or exhibits.

 

Failure to comply with the pretrial order. Failure to do all things required by the order setting pretrial and trial or to meet its deadlines may result in cancelation of the pretrial conference or the imposition of sanctions at a separate hearing.

 

Small claims or summary procedure trials. For all small claims or summary procedure trials or final hearings, a detailed pretrial order is not required at this time. The Court will enter the order setting trial, which the parties should read carefully for any instructions.

 

Exhibit copies. When appearing for a trial, each party must supply enough copies of each exhibit for every party, the Court, and the Clerk. The Court greatly prefers the parties provide two binders with all potential exhibits—one for the Court and one for the Clerk.

 

Landlord-Tenant and Unlawful Detainer Trials. Non-jury trials in these cases should not be noticed as “Final Hearings.” The rules do not allow for a “final hearing”; they must be noticed properly as a trial. Failure to properly notice a case for trial may result in the judgment being rendered void, and the Court will cancel any trial that is not properly or timely noticed.

 

Mediation required. Except in extraordinary circumstances, or where time does not allow it, mediation will be required before trial.

 

 

GOVERNING ADMINISTRATIVE ORDER

Thirteenth Circuit Administrative Order S-2022-032 governs County Civil operations. Judge Murphy follows the order. Parties are encouraged to review it.

 

 

PROFESSIONALISM 

Judge Murphy expects the highest standards of professionalism, candor, and preparation in his courtroom. Any attorney or party displaying conduct unbecoming of the proceeding may be subject to sanctions without notice.

 

A keystone of professionalism is active cooperation. In that spirit, Judge Murphy expects parties to actively discuss disputes before presenting them to the Court for a ruling. He also expects attorneys to expeditiously respond to inquiries and communications from opposing counsel and other parties. Not responding is not acceptable.

 

 

MISCELLANEOUS 

Litigation by emailing chambers is absolutely prohibited. All relief must be sought by motion or stipulation. Parties who seek any form of relief by emailing chambers—other than for administrative purposes allowed above—may be sanctioned without further notice.

 

 

CONTACT 

Please contact chambers at civdivj@fljud13.org or 813.272.0243 if you have any questions. We maintain open lines of communication and are happy to help. With any message, please include your name, case number, and phone number, so that we can respond as soon as possible. Please remember that court staff cannot give legal advice or discuss orders, and emails must include all parties or they will be filed on the public docket as ex parte communications.