CANCELING A 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@fijud13.org.
SCHEDULING
Before scheduling a hearing... please make sure that all parties have a copy of the motion(s) to be heard. A hearing is not to be scheduled 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.
To schedule a hearing... the party filing the motion 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 by e-mail, that responding party or the attorney's office is responsible for responding with their availability within two business days of receiving the request. If the responding party fails to respond within two business days of the request, the requesting party may pick the hearing date and time of their 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 within two business days of the request
or
-The requesting party is not attempting to clear the date with the other party by telephone, as there will not be a paper trail of the scheduling attempts
Only after the court confirms date via 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.
FIRST 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.
UMC
This Docket is 5-minutes motions only and status conference (ie: Motion to Withdrawal, Motion for Continuance, Uncontested Motions or for an Uncontested Final Hearing). Each side has 3 minutes to argue the motion/issues.
15 MIN/30 MIN MOTION DOCKET
The Motion Docket is for 15 or 30 minutes hearing, and Default Final Hearings. If you are unable to clear time on an available Motion Docket, you may e-mail the JA to obtain alternative hearing times, with all parties copied on email.
MORE THAN 30 MIN HEARINGS
Please email our office for any scheduling request for more than 30 minutes.
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 set them on a 15 min/30 min calendar.
DISSOLUTION OF MARRIAGE
Review the Requirements for dissolution of Marriage.
POST-JUDGMENT MOTIONS
If your Motion is a post-judgment Motion, IT MUST be referred to the General Magistrate, Mediated and not scheduled on this docket.
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.
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, 5 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 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.
CONTESTED FINAL HEARINGS
You should set those on a 15 min. or 30 min. 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 15 min. or 30 min. docket that is NOT a Default Final Hearing, you must also Submit an Order Setting the Final Hearing to Judge’s Workqueue for signature.
All contested final hearings, including default final hearings MUST ONLY 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.