ALL MATTERS WILL BE CONDUCTED BY ZOOM UNTIL FURTHER NOTICE, OR BY PERMISSON FROM THE COURT.

ALL EXHIBITS FOR ANY EVIDENTARY HEARINGS OR TRIALS SET WITH JUDGE TIBBALS DURING THE   PANDEMIC NEED TO BE SENT TO THE DOWN TOWN COURTHOUSE (800 E. TWIGGS ST, ROOM 428) NO LESS THAN 5 DAYS PRIOR TO THE HEARING. PREFERRED 7 DAYS.

During these difficult times, your local courts are making every effort to hear cases using technology and creativity.  Family Law Divison F is using the Zoom videoconference platform.  You do not need an account to use Zoom and the service is free.  You may use a cellphone, tablet, or computer.  The Zoom Meeting ID for Judge Tibbals is 555-753-7628.  A sample order for videoconference appearance is available on the Division F “Orders” page and you may use language from the order to create your notices of hearing.  The court is able to swear in witnesses and parties over Zoom; please have a picture identification with you to show the Court.  Please review the tips below for your video hearings.

The Link for Judge Tibbals zoom is:

https://zoom.us/j/5557537628

COURT HEARING VIDEO CONFERENCING TIPS

• Dress and look like you are going to court. No hats please.  
• Do your best to have a stable internet connection.  Ask others in your house or office to avoid large data use (game streaming; video streaming; etc.) while on a videoconference call.  
• Use your full real name. Avoid using nicknames or the device’s default name setting.  
• Be as still as possible while speaking and waiting to speak.  
• Do your best to have a solid or non-distracting background, or utilize a virtual background.  
• Have the camera face you straight on. Avoid leaning in or away from camera.  
• Be aware of your microphone and audio set up.  Mute your microphone unless you are speaking.  (Wireless earbuds are less distracting than large headphones and exclude outside noise. Wired earbuds can be distracting and the built-in microphone often rubs on your clothes.)  
• Speak slowly and clearly.  Avoid speaking over others.  
• Avoid typing, eating or drinking during the conference.  
• Do your best to ensure privacy during the conference; everyone understands children, pets, and other members of the household might wander in.    

You must efile your motions and upload orders through the portal

IF YOU DO NOT HAVE A LAWYER: THE JUDICIAL ASSISTANT CANNOT answer your legal questions, and will not explain your situation to the Judge. Your opportunity to speak to the Judge happens in Court only.

COMMUNICATION WITH THIS OFFICE: The preferred form of communication for setting and cancelling hearings is by e-mail at FAMLAWDIVF@fljud13.org. The following should be included in the email: case number, case name, what you are asking to be set, and how long you will need for the hearing.

 

CANCELLATION OF HEARING: DO NOT CANCEL A HEARING WITHOUT NOTIFICATION AND AGREEMENT OF ALL PARTIES. A notice of Cancellation MUST be immediately e-filed with the Clerk of Court AND a courtesy copy of said Notice of Cancellation sent to the division e-mail address at FAMLAWDIVF@fljud13.org.

 

MOTION DOCKET:  

Division F now offers 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 this new 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 for 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.

  

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 a Uncontested Final Hearing. Each side has 3 minutes to argue the motion/issues.

TRIALS: 

All CONTESTED Final Hearings, include 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 Fljud13.org and look under schedule in Judge Tibbals 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 Order setting trial and upload it through the E-Portal for the Judge's signature.

TELEPHONIC APPEARANCES

Telephonic Appearances are on a case by case basis. You will need to file a motion and order through E-Portal (Pro Se by paper, mail or hand delivery). In the motion, it needs to state all parties position. If you are representing yourself, you will need to have a Notary present at the time of the hearing. The individual requesting to appear by phone will need to add their contact number into the proposed order.  Please make sure that you will be readily available to be on the phone at the time of the hearing as the Court will be calling at the beginning of the hearing.

SUBMITTING ORDERS

Proposed Orders for the Court to review/signoff on, are to be submit through the E-Portal. If there is a self-representing party on the case, please either make sure that all parties are associated in JAWS, or  ONLY mail in the proposed order to the Judge's Chambers. DO NOT submit through JAWS and Mail. If the order must be mailed, please mail it to 800 E. Twiggs Street Room 428, Tampa, FL. 33602, Include a cover letter with copies for each party and a self addressed stamped envelop. If the order is uploaded the E-Portal, please provide a cover letter. DO NOT attached the motion to the order when upload the order into the Que. It will be rejected.

 

Incoming 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 a 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.

SCHEDULING HEARINGS

The preferred method for scheduling in Division F 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 date in the e-mail, file and serve Notice of Hearing.  If the parties cannot agree on any of the offered dates, ask (once) for 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 sets the hearing without regard to the schedules of either party or attorney.  

 

FAMILY LAW POST JUDGMENT HEARINGS

TEMPORARY RELIEF HEARINGS
1.  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.

 

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 a Order Setting the Final Hearing for the Judge's signature. Please upload the orders into the Judge's Workque through the portal.

MEDIATION IS MANDATORY PRIOR TO TEMPORARY RELIEF HEARINGS: Absent prior leave of Court, Division F 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.

2. At least 48 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.

EMERGENCY MOTIONS
1. 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).

 

2. File the original motion with the Clerk of Circuit Court, Edgecomb Courthouse, First Floor, 800 East Twiggs Street, Tampa, FL 33602. DO NOT deliver a copy to the judge. 

3. The Clerk will bring the court file and the docketed motion to the Judge’s chambers for review.

 
4. The judicial assistant will fax, e-mail or mail a copy of the Judge’s decision regarding the emergency status of the motion to both parties.

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.