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Procedures/Preferences

*** DIVISION J:  PROCEDURES AND PREFEREMCES ***

Steps to Upload proposed Orders to the Florida ePortal

Courtroom Decorum


HEARINGS:

  1. PRE TRIAL CONFERENCES, TRIALS AND EVIDENTIARY HEARINGS REQUIRE THE PRESENCE OF COUNSEL AND THEIR CLIENTS AT THE COURTHOUSE.
  2.  

  3. UNIFORM MOTION DOCKET HEARNGS, AND MOST OTHER HEARINGS UNLESS OTHERWISE INSTRUCTED BY THE COURT are to be scheduled/noticed for hearing on Zoom.
  4.  

  5. THE COURT WILL NOT SCHEDULE HEARINGS ON WEBEX.
  6.  

  7. The Court will predominantly utilize ZOOM.  The Court’s Zoom link
    is: https://zoom.us/j/8207378005 and Zoom Meeting ID is 820 737 8005.  No additional password is required for attendance.  The Zoom App is available for free for IOS and Android devices, and it may also be accessed via desktop computer.  The Zoom Help Center is at  https://support.zoom.us. 
  8.  

  9. You do not need to be together (i.e. in the same room) to use Zoom; parties and counsel may plan to appear separately.  YOU MUST input your actual name (and party represented) for the video conference or change the name of your device, and anyone else (other than Staff counsel) attending must do the same. Refusal to properly identify oneself may result in removal from the Zoom hearing.
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  11. The Notice of Hearing filed with the clerk and served upon all counsel and copied to the Court MUST CLEARLY indicate the platform (LIVE IN COURT or ZOOM) for the hearing with the correct courtroom or Zoom Meeting ID or Zoom link.
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  13. DO NOT select a 30 minute hearing slot for a matter “Unopposed” that will take 15 minutes or less.
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  15. DO take into consideration opposing party’s time to respond/agree during a hearing. No piggybacking of matters is permitted without consent of the Court via the the J.A.
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  17. Unless Ordered by the Court, the Court will not accept or hear matters set for hearing without parties agreeing to time and date of hearing.
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  19. Parties canceling a hearing must file a Notice of Cancelation as soon as possible, and copy the Court’s Judicial Assistant.
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  21. Any Zoom hearing is considered an “in court session” and it is required that all attendees wear appropriate Court attire.
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  23. DO NOT SUBMIT PROPOSED ORDERS in the Queue prior to the hearing being held.
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  25. MOTION DOCKET
    Division J has a MOTION DOCKET for non-post-judgment cases.  If your Motion is a post-judgment Motion, IT MUST be referred to the General Magistrate, Mediated and not scheduled on the Court docket.  This docket will be available on- line through JAWS (similar to our Open Docket) for you to schedule hearings up to 30 minutes in length.  The Motion Docket is or 15- or 30-minute hearings. If you are unable to clear time on an available Motion Docket, you may e-mail the JA to obtain alternative hearing times, cc-ing all parties.
  26.  

  27. UMC/OPEN DOCKET:
    This Docket is used for a Status Conference, a 5 minute Motion (ie: Motion to Withdrawal or Motion for Continuance), a Uncontested Motion or for an Uncontested Final Hearing. Each side has 3 minutes to argue the motion/issues.
  28.  

  29. TRIALS:
    All CONTESTED Final Hearings, including default final hearings, MUST be set by an Order of the Court pursuant to Family Law Rule of Procedure 12.440 and Rule of Civil Procedure 1.440. Failure to do so will result in a cancelation of the Final Hearing. To schedule a trial, please visit the Judge's website at www.Fljud13.org and look under schedule in Judge Bauman to find available trial periods. Coordinate with opposing counsel or pro-se litigant. Once the period is agreed upon, please e-mail the Judicial Assistant with the agreed period. (include in the email, the amount of time that the parties believe the trial will take).  The Judicial Assistant will give you the pre-trial time and trial day(s) for the trial. It is the responsibility of the party setting the trial to prepare the Uniform Order Setting Final Hearing and Pretrial Conference and upload it through the E-Portal for the Judge's signature.
  30.  

  31. INCOME WITHHOLDING ORDERS:
    can now be uploaded into JAWS. If one of the parties are representing themselves, the Order can still be uploaded through the E-Portal. However, if the individual that is representing themselves does not have an email address associated with the case, then you will be responsible for mailing them a copy of the order, if you chose to upload the order through the E-Portal for electronic signature. PLEASE DO NOT SUBMIT BOTH WAYS.
  32.  

  33. SCHEDULING HEARINGS:
    The preferred method for scheduling in Division J is by JAWS. Anything more than 30 minutes the preferred method is e-mail. For any scheduling request, the requesting party shall e-mail the Judicial Assistant for hearing time(s) and copy the opposing party.  The Judicial Assistant shall provide a minimum of two available dates/times to the requesting party, also with a copy to opposing party by “replying to all.”  If the requesting party sends the dates to the opposing party or attorney (whichever is applicable) by e-mail, that responding party or the attorney’s office is responsible for responding with his/her availability within two business days of receiving the request.  If the responding party or attorney fails to respond within two business days of the request, the requesting party may pick the hearing date and time of his/her choice per the Administrative Order.  The ability of the requesting party to choose a hearing date of his/her choice is an option only if:
    • There has been no response from the responding party or attorney within two business days of the request or
    • The requesting party is not attempting to clear the date with the other party or attorney by telephone, as there will    
    not be a paper trail of the scheduling attempts Only after the court confirms the date in an e-mail, file and serve Notice of Hearing.  If the parties cannot agree on any of the offered dates, ask (once) for a new set of dates.  If the parties cannot choose from the second set of dates, notify the Court of the scheduling impasse.  When the parties impasse, the Court will set the hearing regardless of prior attorney scheduling conflicts.
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  35. FAMILY LAW POST JUDGMENT HEARINGS
    TEMPORARY RELIEF HEARINGS:
    IMPORTANT- If the moving party fails to schedule and cooperate in attending mediation prior to the temporary hearing, or the parties fail to follow the A.O. as it pertains to the memos for the hearings, the hearing WILL BE CANCELLED by the Court.  If the non-moving party is the party not cooperating with the mediation requirement, that matter will be addressed by the Court at the temporary hearing and sanctions may be entered. Please follow the Administrative Order that pertains to Temporary Relief Hearings.
  36.  

  37. CONTESTED FINAL HEARINGS:
    Setting a Contested final hearing. You MAY NOT set a Default Final Hearing on a UMC Docket. You should set those on a 15 or 30 minute Docket. They must also be set by Court Order per FL Civil Rule 12.440. Additionally, if you are setting a Contested Final Hearing on a 30 or 15 minute docket that is NOT a Default Final Hearing, you must also Submit an Order Setting the Final Hearing for the Judge's signature. Please upload the orders into the Judge's Work queue through the portal.
  38.  

           MEDIATION IS MANDATORY PRIOR TO TEMPORARY RELIEF HEARINGS: Absent prior leave of Court, Division J requires mediation to have been completed before convening any hearing seeking any form of temporary relief in accordance with Administrative Order 2013-075, § 15. Any party may set or schedule a temporary relief motion for hearing in accordance with the applicable rules and orders governing scheduling of hearings. However, if a mediation conference has not been completed prior to the date and time set for the temporary relief hearing, that hearing will not go forward.

           At least 72 hours prior to the temporary relief hearing, the moving party will file an original and serve a copy on all parties, including the Judge, a Temporary Relief Hearing Memorandum.  A proposed Parenting Plan is required if the case involves minor children.

     

  39. EMERGENCY MOTIONS:
    No party or attorney should file an emergency motion without first studying Smith v. Crider, 31 F.L.W. D1018 (2d DCA
    April 7, 2006).

       PLEASE NOTE:  RESPONSES TO MOTIONS AND COPIES OF CASE LAW MUST BE DELIVERED TO THIS COURT FIVE (5) BUSINESS DAYS BEFORE THE HEARING TO ENABLE A REVIEW BY THE COURT.  ANY RESPONSES TO MOTIONS AND COPIES OF CASE LAW DELIVERED TO THIS COURT LESS THAN FIVE (5) BUSINESS DAYS BEFORE THE HEARING WILL NOT BE REVIEWED OR CONSIDERED AT THE HEARING.

 

       BEFORE SCHEDULING A HEARING, PLEASE MAKE SURE THAT ALL PARTIES, INCLUDING THE JUDGE HAVE A COPY OF THE MOTION(S) TO BE HEARD.  A HEARING IS NOT TO BE SET UNTIL ALL PARTIES HAVE A COPY OF THE MOTION(S). YOU MAY E-FILE AND ELECTRONICALLY SERVE THE SAID MOTION TO ALL PARTIES. AS LONG AS THE MOTION THAT IS SET FOR A HEARING IS E-FILED, IT IS NOT NECESSARY TO EMAIL THE SAID MOTION TO THE JUDICIAL ASSISTANT. 

 

       1st CASE MANAGEMENT:
The first case management conference will not be canceled or rescheduled absent good cause shown by written motion and an order canceling or rescheduling.  All parties and counsel shall appear in person at the first case management conference.  All post-judgment matters, whether referred to the general magistrate or objected to, shall be removed from the first case management docket, and parties and counsel shall schedule case management conferences as appropriate.

 

       ADOPTIONS:
For adoption and termination of right cases, please schedule those matters through JAWS under the coordinating docket. If you have questions, please email the division email, do not just set them on a 15/30 minute calendar.

 

       DISSOLUTION OF MARRIAGE:
Review the Requirements for dissolution of Marriage.

 

NOTE:  Discovery Motions (Motions to Compel, Motions to Strike, Objections to Requests, etc.) are scheduled Friday afternoons from 2:00-4:30 p.m. twice a month.  Any such hearing on discovery is a LIVE-IN COURT PROCEEING.  The Court will not tolerate “gamesmanship” with discovery.

 

ALL PROPOSED ORDERS MUST CONTAIN “DIVISION J” IN THE CASE STYLE.  Proposed Orders Continuing Trial must include the new Pre-Trial Conference date and Trial date.  Counsel for the Petitioner is responsible for providing the new Uniform Order Setting Final Hearing and Pretrial Conference. 

 

For opposing proposed Orders requested by the Judge, please provide in Word format and email the proposed Orders to the Judicial Assistant at FamLawDivJ@fljud13.org, in the event the Court may want to revise the proposed Order.

 

 

AT A GLANCE SCHEDULING ON JAWS


UMC's

Methods of
Conducting
Hearings

15 or  30
Minute Hearings

Requesting Hearings 60 Minutes and Longer

Cancelling Hearings within 24 Hours of Hearing

Cancelling Hearings prior to 24 Hours of Hearing

Set on JAWS.
Matters can only be scheduled if they can be heard within 10 minutes  

Div. J, will be conducted
 on the Zoom video conference platform  
   
ZOOM 
The Court’s Zoom
link is:
  https://zoom.us/j/8207378005
and
Zoom Meeting ID is
820 737 8005

Attorneys:
Set on JAWS
Pro-Se Litigants:
 E-mail JA
    

30 minutes or longer requires courtroom
presence                   

Attorneys and
Self-Represented Litigants: Must be approved by the court; E-mail request to JA 

E-mail JA a copy of the
Notice of Cancellation  

Scheduling party can cancel on JAWS.
If hearing was scheduled via
E-mail, notice of cancellation must be
e-mailed 

 

 

 

AT A GLANCE PREFERENCES


Cancelling Trial and Pre-Trial

Emergency Motion

Providing Judge with documents for Hearings 30 Minutes or less

Providing Judge with documents for Hearings more than 30 Minutes

How to upload Orders to the E-Portal for Electronic Signature

If case has settled, one of the parties must e-mail JA with documentation
 

 

After Motion is filed with clerk, email JA to notify 

Documents 10 pages
or less may be e-mailed, documents more than 10 pages must be received at least five business days prior to hearing via
mail or hand delivery

Deliver hard copy at least five business days prior to hearing via mail or
hand delivery 

Submit AGREED Orders only, Upload in PDF format to
Documents for
Judicial Review
,
Verifying correct division letter

 

 

ORDERS

a.  Court’s signature line should read:  ______________________________________________
ROBERT A. BAUMAN, Circuit Court Judge
Thirteenth Judicial Circuit, State of Florida

b.  DO NOT Electronically file through the E-Portal for Division J any Order to the Court in advance of a hearing (or otherwise):
1.  Which is Opposed by other counsel/parties) and the Court has not held a hearing on the Motion which is the subject of the Order;
2.  the Order was not requested by the Court;
3.  Contradicts the ruling of the Court;
4.  Presents fact(s)/issue(s) beyond those presented in a written motion, was/were not presented in a hearing to this Court, infers or provides ambiguity opposite to the Court’s ruling.
5.  Contact the Court’s Judicial Assistant to let the Judge know there is an Order to sign – send an email request for the Judicial Assistant and/or Court to confirm file status, and review of the Order.