The Court’s Zoom Information

 

URL:https://zoom.us/j/4205308406

Meeting ID:420-530-8406
Password: Not Required 

 

AT A GLANCE SCHEDULING

Matters That Can Be Heard Within 5 Minutes (No Prejudgment Discovery)	Matters That Can Be Heard Within 15 Minutes (No Prejudgment Discovery)	Matters That Can Be Heard Within 30 (No Prejudgment Discovery)	Discovery  Motons Only (Prejudgment)	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)	DISCOVERY DOCKET ONLY   (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

 

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 must be scheduled through JAWS, unless time-sensitive or special circumstances exist.
• Any matters requiring more than 30 minutes must be scheduled through the Judge’s Judicial Assistant by emailing a request with a copy of the motion(s) to civdivL@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 using the Florida Courts E-Filing portal at myflcourtaccess.com.
• If you need an interpreter, please provide your own.

Notices of Hearing:

• All notices of hearing must contain the document number (DN #) and corresponding title of each motion set for hearing. 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 hearing will be conducted virtually, the Court’s Zoom information (above) must be included in the Notice of Hearing.  See “Appearing by 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, one of which must be by telephone, must be made to coordinate a hearing date.  A single email, letter, phone call 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.

Cancellations:

• The Court makes time from canceled hearings available to other litigants. Please cancel any hearing as soon as the matter no longer needs judicial resolution by filing a notice of cancellation AND canceling in JAWS.
• A Pretrial Conference, Small Claims Pretrial Conference, or hearing scheduled by court order cannot be canceled by a party.
• Last minute cancellations -The Court is committed to preparing for all hearings by reviewing relevant motions and responses before all scheduled hearings.  Last minute cancellations (less than 1 business days’ notice) made without good cause may result in the Court ruling on the pending motion without a hearing.
• All cancellations of hearing by a party shall be in writing, including hearings cancelled through JAWS, and a notice of cancellation 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, with a copy sent via email to civdivL@fljud13.org.  

 II. Motions

• A motion must include — in a single document not longer than 25 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.
• The Court strongly prefers the parties to identify the document index 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 (DN #1)”. If no document index. number is available, the party should identify the date the document was filed.
• It is unnecessary to attach the full version of filings already in the Court file. For example, it is unnecessary to attach the final judgment to a motion. Instead, the parties should cite to the filing as necessary by title and document index number and pinpoint precisely the reference being made in the filing. For example, “the Final Judgment (DN #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. 

Discovery Motions (Prejudgment – DISCOVERY DOCKET ONLY):

•  Prejudgment discovery motions will only be heard on the DISCOVERY DOCKET by ZOOM. Such motions set for hearing on other dockets will be unilaterally canceled by the Court. The motion must document efforts to resolve the discovery dispute. If specific requests and responses are at issue, they must be identified in the motion and the disputed responses attached.
• Pursuant to County Civil Division Administrative Order – When a motion to compel discovery complying with Florida Rule of Civil Procedure 1.380(a)(2) alleges the absence of a response or objection to discovery and no request for extension of time has been filed, the Court will rule on the motion without a hearing by entering an order requiring compliance with the original discovery request within 10 days, provided no showing of good cause has been filed by the non-moving party. The moving party must submit a proposed order through JAWS. Motions to compel a deposition are not subject to this procedure and must be set for hearing.
• Post-judgment discovery motions may be scheduled during hearing times other than the discovery docket.

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. The unwarranted designation of a motion as an “emergency” may result in sanctions.
• If a party or counsel files an “emergency” motion, the Court expects counsel to 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 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 Court 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 L, 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) 272-6806 or emailing civdivL@fljud13.org . The following proceedings will be held in person:
  • Hearings scheduled for 60 minutes or more;
  • Evidentiary matters;
  • Jury and non-jury trials;
  • Small Claims Pre-Trial hearings; and
  • Final hearings.

 Appearing via Zoom:

• All  proceedings which do not require in-person attendance above can be noticed to held remotely through Zoom, which may be downloaded  here for free. The Court’s Zoom instructions (above) must be included in the notice of hearing.
• Any motion for a party, attorney or witness to appear by Zoom/phone at a hearing which requires in-person attendance 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.

Videoconference Etiquette:

• All parties and attorneys are reminded of the following items of videoconference etiquette that will help make justice more accessible for all 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 are in a Courtroom, including attire.
• Non-parties who attend Zoom hearings may be removed for inappropriate conduct.

Small Claims Pre-Trial Conferences:

• Plaintiff(s) and counsel must appear in Court in person on the date specified to avoid having the case dismissed. Defendant(s) and counsel must appear in Court in person on the date specified to avoid entry of a default judgment.
• Unless the claim is admitted and the parties agree to the entry of a final judgment, all cases will be referred to mediation prior to final hearing or the consideration of any motion for summary disposition.  
• [ATTORNEYS ONLY]  The date and time of the small claims pretrial conference CANNOT be rescheduled without good cause and prior Court approval.  If 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 Pretrial 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 Stipulated 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. (DN #).

 Submitting Proposed Orders:

• 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 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 3 copies for conforming, pre-addressed, stamped envelopes for each party in the case, and a cover letter.
• All proposed orders must be accompanied by a cover letter identifying the hearing date (if any) and affirmatively stating 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 five (5) days 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.

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 a motion for clarification, with said transcript attached, and set the matter for the soonest available hearing.

IV. Trials:
Jury Trial and Non-Jury Trials:

• Small claims non-jury trials will be set by the Court by order. 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.
• 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, civdivL@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.

Differentiated Case Management

• If the parties stipulate to amended case management deadlines, they may file a Uniform Stipulated Motion Establishing Good Cause for Entry of Amended Differentiated Case Management Order and submit through the e-filing portal an amended case management order. (See Forms page)
• If the parties are unable to agree on amended deadlines, they may set a case management conference for hearing.

Professionalism:

• Judge Martin 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 L, please contact the Division’s Judicial Assistant by calling (813) 272-6806 or emailing civdivL@fljud13.org.