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JUDGE WADDELL A. WALLACE III CIRCUIT CIVIL DIVISION CV-A NORMA PONDER, JUDICIAL ASSISTANT 501 West Adams Street, Room 7207 Hearing Room 743 Phone: (904) 255-1252 Fax: (904) 360-8480 EMAIL: NPONDER@COJ.NET WEBSITE: HTTP:/WWW.JUD4.ORG/EX-PARTE-PROCEDURES-AND-DATES |
Rules of Court
Duval County, Florida
All Divisions (Civil)
Division CV-A
SECTION 0 | CONTACT INFO (ZOOM)
SECTION 1 | SETTING CASES FOR TRIAL AND EX PARTE PROCEDURES
For any ex parte matters that need to be heard, counsel should forward the motion, supporting documentation and proposed order (in Word format) to the Judicial Assistant via the e-portal. The Court will review and act upon the paper record if appropriate. If a hearing is required, you will be notified of the need to set the matter for hearing and dates will be provided. Any items set during posted ex parte dates will need to be placed on the calendar and a confirmation email will be provided confirming the matter is set during ex parte.
SECTION 2 | SETTING HEARINGS FOR PENDING MOTIONS
Information needed by the Judicial Assistant to schedule the hearing: Case number in subject line of the email and brief case style. Include in the email Plaintiff or Defendant’s motion to be heard, the docket line #, and the amount of time needed for hearing to be conducted.
PLEASE NOTE: HEARING DATES PROVIDED ARE NOT HELD AND MAY BE GIVEN TO OTHERS; HEARING DATES ARE NOT SECURED UNTIL CONFIRMATION IS SENT FROM THIS OFFICE.
SECTION 3 | COURTESY COPY
If counsel would like the Judge to have courtesy copies for a hearing, motions, memorandum of law, or case law, and these are 20 pages or over, hard copies should be inside the Courthouse at least three to five days prior to the scheduled hearing date. Please provide hard copies via U.S. mail, FedEx, UPS, or hand delivery.
SECTION 4 | TELEPHONIC APPEARANCES AT HEARING
If counsel wish to appear telephonically at a hearing it is best to make this request when the hearing is being scheduled. Telephonic appearances are allowed provided there is no objection from opposing counsel. If there is an objection to a telephonic appearance, a motion to appear telephonic should be filed and a proposed order should be provided for the Judge’s consideration.
SECTION 5 | INSTRUCTIONS FOR PROPOSED ORDERS
2. PLEASE DO NOT SUBMIT THE SAME PROPOSED ORDER THROUGH THE EPORTAL AND BY EMAIL — sending it both ways may cause duplicate entry of an order.
3. Service list should contain appropriate email addresses for all parties to be copied.
4. A consented or agreed to order should have in the caption “Consent” or “Agreed”, or it should have both or all parties’ signatures.
5. A cover letter indicating what the Order is for... i.e. hearing (including the hearing date), consent order, etc. and if it is consented to or if opposing party objects, and all parties are copied with same. The cover letter, copy of motion and order should be submitted through the e-portal. (Order only should be in Word format). See instructions below.
6. Exceptions to submitting proposed orders through the e-portal:
If the Judge instructs council to submit order via email (in Word format), any complex Final Judgements following a hearing, or orders where counsel are not in agreement with the proposed order (competing proposed orders).
Orders submitted through the e-portal should contain: DDDD, JJJJ and CCCC
Orders submitted via email need to include place for the date to be inserted, year and line for the Judge’s signature. (… this ___ day of month, 2024.)
The word “Proposed” should NOT be in the title of the order.
Procedures for Submitting a Proposed Order for Division CV-A
*** PLEASE be sure you are using one of the Proposed Order templates found on our website at https://www.jud4.org/Proposed-Orders-EFiling.aspx. Save these templates to your own PC and re-use them for all Proposed Orders you submit in Duval County. Any Proposed Order received that does not include one of our templates will be subject to rejection by the Court. ***
2. A Cover Letter is also REQUIRED. Please submit a .pdf page as your Cover Letter with any details that would normally be given to the Judge/JA via email for the Proposed Order (Ex: Stipulation agreed upon by both attorney’s). This Cover Letter will be uploaded to the portal as a separate document from your Proposed Order.
3. The corresponding Motion MUST be filed along with the Proposed Order and Cover Letter. This Motion must be attached behind the Cover Letter as a combined single document before being uploaded to the E-Portal.
4. Proposed Orders in Duval County MUST include DJMCA formatting.
b. The codes MUST be in all CAPITAL LETTERS.
c. You must add ONLY 4 letters for each field.
d. These codes MUST ONLY be used once per line. Two codes per line will not work.
DJMCA Codes in Pairs:
| DDDD | Judge Signature Date |
| JJJJ | Judge Signature |
| RRRR | Reported and Recommended Date |
| GGGG | General Magistrate or Hearing Officer Signature |
| CCCC | Service list (pulls from the E-Portal service list) |
SECTION 6 | PROPOSED ORDER DOCUMENT FORMATTING GUIDELINES
*** Failing to abide by any of the following formatting guidelines will subject your Proposed Order to rejection by the Court ***
Proposed Order Document:• Once the Judge signs the Proposed Order electronically, all Proposed Orders are required to be converted to a PDF/A compliant document for E-Filing by the E-Portal. Therefore, check and save your Word document as a PDF to see if there are any potential formatting issues that need attention. This includes any of the DJMCA codes).
• Plain text must be used; Any additional formatting like TEXT boxes, macros, formulas, Word field codes, etc., could present an issue for the Judge when signing electronically.
• If you or your system is using any system or application to bulk generate Word documents, please check all hidden fields or special characters by clicking the “Show/Hide” button in Word to discover hidden characters like spaces, paragraph markers or hidden tab marks.
• Your Word document should be completely void of any page breaks, line breaks and section breaks, as they pose a significant risk for PDF/A conversion and electronic signing.
• If you are submitting multiple Proposed Orders within a single filing, each order MUST be uploaded as a separate document on the E-Portal.
• All Proposed Orders MUST include the Unified Case Number (UCN).
• Be sure NOT to include or attach any exhibits to your Proposed Order as it will present an issue for the signature and PDF/A conversion process.
• When working from the templates we have provided to you on our website, please keep in mind the DJMCA code for Judge’s signature will be replaced by a signature that will occupy 4 lines. Keep your formatting such that the signature does not land on a page by itself.
• Please be sure your Proposed Order is void of ANY images.
BELOW IS EXAMPLE OF THE PROPSED ORDER AND FORMATTING
NO BLOCK FORMATTING SHOULD BE USED
PLEASE DO NOT PUT “PROPOSED” IN THE TITLE OF THE ORDER
| Plaintiff, vs. Defendant. ____________________/ | CASE NUMBER:16-Year-CA-numberDIVISION:CV-A | |
| TITLE OF ORDER | ||
Accordingly, it is
ORDERED:
DONE and ORDERED in Jacksonville, Duval County, Florida on DDDD.
JJJJ
CCCC
SECTION 7 | EMERGENCY MOTIONS / MOTIONS FOR REHEARING / MOTION FOR NEW TRIAL
SECTION 8 | CANCELLATION OF HEARING AND/OR TRIAL
** When a case settles, please contact the Judicial Assistant ASAP to have the case removed from the trial docket/calendar.
SECTION 9 | VOICE MESSAGES AND EMAILS
If you get the voice message, please speak clearly and leave a brief message with your name, telephone number, and case number. The call will be returned as time permits. DUE TO THE HIGH VOLUME OF CALLS AND EMAILS PLEASE ALLOW at least 3 BUSINESS DAYS BEFORE A FOLLOW-UP REQUEST. Please do not send an email then immediately leave a voice message stating you sent an email or asking if the email was received. Kindly allow at least 3 business days for a return on either an email or voice message before a follow-up request unless it is a truly emergent matter.
Division CV-B
SECTION 0 | CONTACT INFO (ZOOM)
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JUDGE KATIE L. DEARING Fourth Judicial Circuit Court of the State of Florida Civil Division CV-B Hearing Room 701 Duval County Courthouse 501 West Adams Street, Suite 7029 Jacksonville, Florida 32202 Sandra Powell, Judicial Assistant Email: PowellS@coj.net Telephone: (904) 255-1246 Zoom ID: 275150751 Website: http://www.jud4.org/ex-parte-procedures-and-dates |
SECTION 1 | INTRODUCTION
SECTION 2 | SETTING MATTERS FOR TRIAL (JURY AND NON-JURY)
Non-jury trials are set date-certain on the Court’s regular hearing calendar, not during a jury trial week. The trial set memorandum should advise the Court of a requested time frame for trial (e.g., 12 months from the date of the trial set memorandum) and the number of days needed for trial.
SECTION 3 | IN-PERSON AND REMOTE APPEARANCES
For non-evidentiary hearings scheduled to take thirty minutes or less, counsel and unrepresented parties shall be permitted to appear in-person or via Zoom, pursuant to Rule 2.530(b)(1), Fla. R. Gen. Prac. & Jud. Admin. without further Order of the Court (unless the Court has specifically ordered otherwise in a particular case). Counsel or an unrepresented party do not have to agree on whether the hearing attendance is by Zoom or in-person. The Court will permit hearings to be conducted in a hybrid remote manner, with some counsel/parties appearing in-person and other counsel/parties appearing via Zoom.
Please notify the Court of counsel’s intention to appear via Zoom at the time the hearing is scheduled and include all necessary information in the Notice of Hearing. Unless notified otherwise, the Court shall assume that all counsel and unrepresented parties will be appearing in person.
The Court shall host all Zoom hearings using the following Zoom information:
One tap mobile
+19292056099,,2751507351# US (New York)
+13126266799,,2751507351# US (Chicago)
SECTION 4 | MOTION PRACTICE AND SCHEDULING HEARINGS
(b) for judgment on the pleadings,
(c) for summary judgment, or
(d) relating to the maintenance of a class action,
If the interested parties agree to all or part of the relief sought in any motion, the caption of the motion shall include the word “unopposed,” “agreed,” or “stipulated” or otherwise succinctly inform the reader that, as to all or part of the requested relief, no opposition exists.
All motions do not require a hearing, and the Court may rule on motions without a hearing.
If the parties jointly agree to submit a motion to the Court without the need for a hearing, the moving party should forward to the Court the motion, a proposed order and a request for resolution without a hearing.
Hearings will only be set on motions already filed with the Clerk. All hearings must be coordinated with opposing counsel or party if unrepresented. The party requesting a hearing on any pending motion should contact the Judicial Assistant with all other parties on the line or by email at PowellS@coj.net. Dates provided for hearings are not held and may be given to other cases. It is expected that all counsel will promptly respond to the moving party’s attorney with proposed dates received from the Judicial Assistant to facilitate this process. Hearing dates/times are not secured until confirmation is sent from the Court.
Once a hearing time is set, no party may add or notice additional matters for that time without the express consent of all parties.
The Court’s hearing schedule has very little, and sometimes no, time in-between hearings. If attending in person, please arrive early and allow plenty of time for parking. Failure to timely appear for a hearing may result in the motion being denied (if moving party) or the motion being heard without you (if the non-moving party). Moreover, the Court will enforce the time limits set for each hearing. Any matters not resolved during the scheduled hearing time will have to be re-scheduled or decided after an opportunity for written briefing.
Any motion for which counsel is seeking more than one hour of hearing time must be scheduled with the Court directly.
Once a hearing is set, it may not be cancelled without the consent of the Court. A party filing a “Notice of Cancellation” does not cancel a hearing.
SECTION 5 | USE OF SPECIAL MAGISTRATES
SECTION 6 | COURTESY COPIES
The Court encourages all parties to work together where possible to submit one copy of the supporting materials necessary for the Court’s consideration.
SECTION 7 | EMERGENCY MOTIONS, MOTIONS FOR REHEARING AND MOTIONS FOR NEW TRIAL
SECTION 8 | DISCOVERY DISPUTES
Once a Motion to Compel or Motion for Sanctions is scheduled on the Court’s calendar, it will not be removed for any reason, even if agreed to by counsel for all parties. The only exception is if the case is completely resolved and settled by the parties.
SECTION 9 | PROPOSED ORDERS FOLLOWING A HEARING
2. If all parties before the Court are using the e-Portal, the proposed Order shall be submitted to the Court via the Florida Courts e-Portal.
2. That all opposing counsel/unrepresented parties have been provided with the same materials being provided to the Court, and whether the parties agree with the language of the proposed Order.
SECTION 10 | PROPOSED ORDERS WITHOUT A HEARING
(ii) whether opposing counsel/unrepresented party consents to the relief requested in the motion and proposed order and, if so,
(iii) whether opposing counsel/unrepresented party agrees with the language of the proposed order.
C. All consent Orders shall include the word “Consent” or “Agreed” in the caption of the proposed Order.
SECTION 11 | TRIAL TECHNOLOGY
Division CV-C
CONTACT INFO (ZOOM)
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JUDGE ROBERT M. DEES Circuit Civil Division CV-C Foreclosure Division FC-C Duval County Unified Courthouse 501 W. Adams Street, Suite 7259 Jacksonville, Florida 32202 Linda Blackman, Judicial Assistant (904) 255-1234 Email: lblackman@coj.net Hearing Room 734 (Division CV-C) Courtroom 609 (Division FC-C) Website: HTTP://www.jud4.org |
SECTION 0 | SETTING CASES FOR TRIAL
2. After the Motion to Set Case for Trial appears on the Clerk’s docket, email the Motion and a completed Trial Set Memorandum for Division CV-C to lblackman@coj.net, and copy all other attorneys or pro se parties.
3. The Trial Set Memorandum can be found on the Court’s website. As noted on the form, please include telephone numbers and email addresses for counsel and e-filing addresses, as well as the name and e-filing address of the mediator chosen by the parties. All sections of the Trial Set Memorandum must be completed. Please type or print clearly.
4. The Judicial Assistant will provide via email available trial dates and will prepare the trial Order once all required information is received.
5. When a case settles, please contact the Judicial Assistant ASAP to have the case removed from the trial docket.
SECTION 1 | EX PARTE HEARINGS
SECTION 2 | SETTING HEARINGS FOR PENDING MOTIONS
If the parties come to an agreement to add a motion to an already scheduled hearing, this agreement must be properly communicated with the Court. A confirmation email must be received from this office that the motion has been added before a notice of hearing is filed.
When counsel file a motion to compel and notice of hearing, counsel must comply with First Amended Administrative Order 88-2.
SECTION 3 | CANCELLATION OF HEARING
SECTION 4 | COURTESY COPIES
SECTION 5 | EMERGENCY MOTION/MOTION FOR REHEARING/MOTION FOR NEW TRIAL
SECTION 6 | PROPOSED ORDERS AFTER A HEARING
If counsel does not have an email address for an unrepresented party, counsel must mail or hand deliver the proposed order and letter to the Court consistent with the instructions above.
SECTION 7 | PROPOSED ORDERS WITHOUT A HEARING
If counsel does not have an email address for an unrepresented party, counsel must mail or hand deliver the proposed order and letter to the Court consistent with the instructions above.
SECTION 8 | FC-C (RESIDENTIAL FORECLOSURE PROCEDURES)
2. The Judicial Assistant will respond via email with the hearing/trial date and time.
3. The requesting party is responsible for noticing the hearing. All hearings will be by telephone or video conference until further notice.
4. An Order Setting Non-Jury Trial must be submitted to the Court via hand delivery or U. S. mail after scheduling the non-jury trial. The order must be accompanied with a letter signed by counsel, which must be copied to opposing counsel/unrepresented party. Sufficient copies of the order are to be provided along with addressed, stamped envelopes for unrepresented parties not receiving e-filings. The Judicial Assistant will e-file the order once signed by the Judge. Counsel will receive the signed Order through the e-portal.
Division CV-D
CONTACT INFO (ZOOM)
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JUDGE VIRGINIA B. NORTON DIVISION CV-D 501 WEST ADAMS STREET, ROOM 7038 Hearing Room 703 Jacksonville, FL 32202 Alexis Gainers, Judicial Assistant Email: AGainers@coj.net Phone #: 904-255-1300 |
Please visit the Court Website (http://www.jud4.org/Ex-ParteProcedures-and-Dates.aspx) frequently to confirm that changes have not been made.
DATES & TIME can be obtained from the JA Alexis Gainers via email: AGainers@coj.net
Please be sure to add all parties to the email, as well as the amount of time needed for the hearing.
These procedures are not all inclusive. If you cannot find a topic that answers your questions, please email the J.A.
SECTION 1 | SETTING HEARINGS
SECTION 2 | SETTING A CASE FOR TRIAL
(2) Complete a Trial Set Memorandum.
(3) Choose and agree on a Trial date.
(4) Email the Motion to Set, Trial Set Memo, and agreed upon Trial date to JA.
SECTION 3 | PREPARING TRIAL ORDER
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IF A CASE SETTLES, IMMEDIATELY CONTACT THE
JUDICIAL ASSISTANT TO REMOVE FROM THE TRIAL DOCKET.
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SECTION 4 | EMERGENCY MOTIONS
B. DO NOT assume the hearing is automatically removed from the Court’s calendar. If you do not receive a telephone call or email confirming the cancellation, please try contacting the Judicial Assistant again. A Notice of Cancellation that has been e-filed with the Clerk is not sufficient notice of a cancellation. Cancellation of a hearing MUST be confirmed with and by the J.A.
SECTION 5 | COURTESY COPIES
SECTION 6 | COURT FILINGS
SECTION 7 | PROPOSED ORDERS AFTER A HEARING
2. If all parties before the Court are using e-Portal, the proposed Order may be emailed to the Court in Microsoft Word format.
3. The proposed Order service list must contain e-filing addresses for opposing counsel/unrepresented party. If an unrepresented party does not receive e-filings, counsel must immediately mail or hand deliver to the Court an addressed, stamped envelope.
2. That all opposing counsel/unrepresented parties have been provided with the same materials being provided to the Court, and whether the parties agree with the language of the proposed Order.
D. The Judge will direct when complex Orders are due.
SECTION 8 | PROPOSED ORDERS WITHOUT A HEARING
B. If counsel does not have an email address for an unrepresented party, counsel must mail or hand-deliver the proposed Order, cover letter and all attachments to the Court consistent with the instructions above. If an unrepresented party does not receive efilings, counsel must immediately mail or hand deliver to the Court an addressed, stamped envelope for that party.
C. All consent Orders shall include the word “Consent” or “Agreed” in the caption of the proposed Order.
SECTION 9 | TELEPHONIC APPEARANCES
SECTION 10 | UNAVAILABILITY
SECTION 11 | FORECLOSURE MATTERS (DIVISION FC-D)
2. The Judicial Assistant will respond via e-mail to all with available dates/times. PLEASE NOTE: HEARING DATES/TIMES PROVIDED ARE NOT HELD AND MAY BE GIVEN TO OTHERS. HEARING DATES/TIMES ARE NOT SECURED UNTIL CONFIRMATIN IS SENT FROM THE COURT.
3. The requesting party is responsible for noticing the hearing. All hearings are held in Courtroom 604 unless otherwise indicated.
4. An Order for Non-Jury Trial must be submitted to the Court after scheduling the non-jury trial. Sufficient copies of the order are to be provided along with addressed, stamped envelopes for unrepresented parties not receiving e-filings.
Division CV-E
CONTACT INFO
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DIVISION CV-E POLICIES AND PROCEDURES1 JUDGE BRUCE R. ANDERSON, JR. Fourth Judicial Circuit Court of the State of Florida Division CV-E Duval County Courthouse 501 W. Adams Street, Suite 7259 Jacksonville, Florida 32202 Paula Fields, Judicial Assistant Email: pfields@coj.net (904) 255-1258 Chambers 739 (904) 255-1636 (Telephonic Hearings Only) Division CV-E Website: HTTP://www.jud4.org/ex-parte-procedures-and-dates |
Footnotes
INTRODUCTION2
These policies and procedures have been revised in response to various legal developments since I was assigned to Division CV-E on January 1, 2020, including, but not limited to, the greater use of communication technology to participate in remote court proceedings, the amendments to Rule 1.510, various Florida Supreme Court Administrative Orders reemphasizing the trial court’s responsibility to actively case manage, and the anticipation of significant amendments to the Florida Rules of Court that will likely increase demands on trial court resources already stretched thin with duty obligations and hearing and jury trial responsibilities. These divisional policies and procedures are intended to streamline litigation, reduce the need for hearing time, avoid the unnecessary stress that arises during final trial preparations, and reduce the number of trial cases continued.
Judge Bruce Anderson
Authority
SECTION 1 | EX PARTE HEARING
B. Ex parte will be held from 9:00 a.m. to 10:00 a.m. on certain, identified dates. Ex parte dates are posted on the website above, as well as outside Chambers 739.
C. Given the nature of ex parte hearings, in-person appearances telephonic appearances and appearances via the Zoom videoconferencing platform (“Zoom”) will be allowed for both local and out-of-town counsel/parties pursuant to Rule 2.530, Fla. R. Jud. Admin.
D. Hybrid Zoom Ex Parte Hearings. The Court will permit ex parte hearings to be conducted in a hybrid remote manner, with some counsel/parties appearing in-person and other counsel/parties appearing via Zoom pursuant to Rule 2.530, Fla. R. Jud. Admin..
E. Hybrid Telephonic Ex Parte Hearings. In the event any counsel elect to attend ex parte in-person while other counsel/parties elect to attend telephonically, counsel must have a specific plan for the Court to either call a conference call-in number to reach all other counsel/parties or a direct dial phone number for the Court to call the counsel/party who shall be responsible for conferencing in any other counsel/parties electing to attend telephonically at the time of the commencement of the ex parte hearing. The brief time limits and format of ex parte hearings will not permit the Court to act as the phone operator to coordinate the connections, act as the “host” or otherwise connect counsel/parties together who separately call the Court’s hearing room to participate in ex parte hearings.
F. If any counsel, local and/or out-of-town counsel plan on attending the ex parte hearing by phone or by Zoom, please contact the Court to schedule a time-certain hearing and file a Notice of Hearing containing specific telephonic instructions or a Zoom invitation, identifying any parties/counsel appearing in-person at such hearing, and e-mail the Notice to the Court at pfields@coj.net.
G. All attorneys, parties, or other persons participating in or observing the ex parte hearing remotely through the use of communication technology shall comply with “The Florida Bar Recommended Best Practices for Remote Court Proceedings” that can be found on the Court's website.
SECTION 2 | SETTING CASE FOR TRIAL (JURY AND NON-JURY)
B. If the parties agree to set the case for trial via e-mail, the movant shall e-mail the Motion to Set and a fully completed Division CV-E Trial Set Memorandum to the Court. The Trial Set Memorandum form can be found on the Court's website. The movant’s enclosure e-mail to the Court shall copy all opposing counsel/parties and provide several trial dates agreed to by all counsel/parties. A list of all available Division CV-E trial dates can be found on the Court's website. The enclosure e-mail should also identify for the Court a mediator agreed to by all counsel/parties. In the event the parties are unable to agree to a mediator, then the enclosure e-mail should advise the Court that the parties were unable to agree to a mediator and provide a list of three (3) mediators for the Court to consider.
C. In the event the parties are unable to agree to a trial date, the movant may obtain ex parte dates from the Court's website and coordinate with opposing counsel which date is best for all parties. Ex parte hearings shall be coordinated between the parties and scheduled with the Court, if necessary, pursuant to the provisions for in-person, telephonic and/or remote appearances pursuant to Section I. supra.
D. The movant then must file a Notice of Ex Parte Hearing for the agreed-upon date. Courtesy copies of the uncontested Motion and Notice of Hearing do not need to be provided to the Court, unless any counsel plan on attending the ex parte hearing by phone or by Zoom pursuant to Section I. F. In that case counsel shall e-mail the Court courtesy copies of the Notice of Hearing, Motion to Set, and a fully completed Division CV-E Trial Set Memorandum.
E. At the ex parte hearing, the in-person movant must present to the Court a fully completed Division CV-E Trial Set Memorandum form. The form can be found on the Court's website and in Chambers. As noted on the form, please include telephone numbers and email addresses for counsel AND for e-filing. If the movant is appearing via telephone or Zoom, then the Trial Set Memorandum form shall be e-mailed to the Court.
F. The Movant shall be responsible for providing addressed, stamped envelopes for parties not receiving pleadings and orders via the e-Portal. Further, the Movant shall provide a blank, stamped envelope for the appointed mediator (if the mediator is not using e-Portal). Envelopes are not necessary for all individuals or entities using e-Portal.
G. The Court will prepare the Order Setting Case for Trial. For information purposes, the form Case Management Orders Setting Case for Jury Trial and Non-Jury Trial for Division CV-E can be found on the Court's website.
H. The parties must comply with the “Trial Conduct and Courtroom Decorum Policy” that can be found on the Court's website.
I. If a case settles, the parties must immediately contact the Court to have the case removed from the calendar/trial docket. In addition, the parties must comply with the Court’s “Procedures for Settlement or Dismissal of Cases” (See Section XV) infra.
SECTION 3 | SETTING HEARING FOR PENDING MOTION
B. The Judicial Assistant will “Reply to All” with available hearing dates/times. PLEASE NOTE: HEARING DATES/TIMES PROVIDED ARE NOT HELD AND MAY BE GIVEN TO OTHERS. HEARING DATES/TIMES ARE NOT SECURED UNTIL CONFIRMATION IS SENT FROM THE COURT.
C. For non-evidentiary hearings scheduled to take thirty (30) minutes or less, counsel shall be permitted to appear in-person, telephonically and/or via Zoom, regardless of whether they are local or out-of-town pursuant to Rule 2.530(b)(1), Fla. R. Gen. Prac. & Jud. Admin.
D. If counsel would like to attend a non-evidentiary hearing scheduled for thirty (30) minutes or less via telephone or Zoom, counsel may do so without further Order of the Court, pursuant to Rule 2.530(b)(1), Fla. R. Gen Prac. & Jud. Admin. Please notify the Court of counsel’s intention to appear telephonically or via Zoom at the time the hearing is scheduled and include all necessary information in the Notice of Hearing for the Court to dial into the conference call, direct dial counsel or log into the Zoom hearing room.
E. Should counsel desire to attend a non-evidentiary hearing scheduled for more than thirty (30) minutes via telephone or Zoom, counsel must seek leave of Court by filing a written Motion and providing a courtesy copy of the Motion setting forth good cause to grant the Motion pursuant to Rule 2.530, Fla. R Gen. Prac. &. Jud. Admin. and proposed consent Order to the Court via electronic mail. In the event all parties do not consent to use communication technology for a non-evidentiary hearing scheduled for more than thirty (30) minutes, any party desiring to use communication technology shall seek leave of court by filing a written motion setting forth why good cause exists pursuant to Rule 2.530, Fla. R. Gen. Prac. & Jud. Admin. to grant the motion and schedule a fifteen (15) minute hearing on such a motion to be heard prior to the non-evidentiary hearing scheduled for more than thirty (30) minutes.
F. Should counsel desire to participate in an evidentiary hearing or trial and present testimony through telephone, Zoom, or other communication technology, regardless of the duration of the hearing, counsel must seek leave of Court by filing a written motion setting forth good cause to grant the motion pursuant to Rule 2.530(b)(2), Fla. R Gen. Prac. & Jud. Admin. and providing a courtesy copy of the Motion and a proposed Consent Order to the Court via electronic mail. In the event all parties do not consent to use communication technology for an evidentiary hearing, any party desiring to use communication technology shall seek leave of court by filing a written motion setting forth why good cause exists pursuant to Rule 2.530(b)(2), Fla. R. Gen. Prac. & Jud. Admin. to grant the motion and schedule a fifteen (15) minute hearing on such a motion to be heard prior to the evidentiary hearing.
G. Telephonic appearance is a privilege. Counsel must call the Court’s Chambers at the number above promptly at the time of the telephonic hearing. If multiple attorneys will telephonically appear at a hearing, please have all counsel on the line prior to calling the Court’s chambers. Any difficulties may require the Court to not allow future telephonic appearances. If the telephone hearing is being held via a conference call-in number, the host shall dial-in no less than five (5) minutes before the hearing is scheduled to begin.
H. Zoom appearance is a privilege. Counsel hosting a zoom hearing shall promptly “start” the zoom meeting no less than five (5) minutes before the hearing is scheduled to begin. All non-hosting counsel/parties shall log in no less than five (5) minutes before the hearing is scheduled to begin. All attorneys, parties, witnesses, or other persons participating in or observing court proceedings remotely through the use of communication technology shall comply with “The Florida Bar Recommended Best Practices for Remote Court Proceedings” that can be found on the Court's website.
I. Courtesy copies: Courtesy copies (hard copies) of all Court filings pertaining to a motion set for a time certain scheduled hearing MUST be provided to the Court no later than ten (10) business days prior to the scheduled hearing or immediately if the hearing is scheduled within that time period. Courtesy copies are to be hand delivered with a cover letter or mailed with a cover letter. All opposing counsel/unrepresented parties must be copied with the letter and the enclosure(s), if the enclosure(s) not previously provided through the e-portal/service of process, and specify on letter. Not complying with the Court’s request for copies may result in the hearing being cancelled without notice.
J. Hearing Notebooks, Legal Memorandums and Citations: Any hearing notebooks, legal memorandums or briefs, along with hard copies of the significant cited authorities, must be provided to the Court at least ten (10) business days before the hearing, or immediately if the hearing is scheduled within that time period. Such item(s) are to be hand delivered with a cover letter or mailed with a cover letter. Please be sure to provide all opposing counsel with the same cover letter and item(s). The Court will attempt to review the motion(s) and the memorandums, and read the cases cited therein, prior to the hearing so that an immediate ruling may be rendered. Highlighting pertinent sections of case law is appreciated. Brevity is also appreciated. Case law and Memoranda provided to the Court less than ten (10) business days prior to the scheduled hearing or for the first time during the hearing may not (in the Court’s discretion) be considered. The Court, on occasion, may rule on motions without a hearing. Therefore, counsel are encouraged to timely file written argument supporting and opposing their positions with the Court.
K. Limitation on Hearings: All hearings related to dispositive motions and trial matters must be filed and heard prior to the pre-trial conference pursuant to the deadlines set forth in the Court’s Case Management Order Setting Case for Trial. Motions in Limine (MIL) are governed by Section XVIII infra. Motions for Summary Judgment (MSJ) are governed by Section XIV infra. NO HEARINGS DIRECTED TOWARDS MATTERS INVOLVING THE TRIAL, MSJ, OR MIL WILL BE HEARD DURING THE ACTUAL TRIAL PERIOD (absent unanticipated events occurring).
L. Meet and Confer Requirement: A mandatory meet and confer process is hereby established as set forth below, for all motions to be set for hearing in Circuit Civil Division CV-E and to occur before scheduling the hearing except for the following motions: injunctive relief without notice; judgment on the pleadings; default, default final judgment, default summary judgment; or to permit maintenance of a class action.
Counsel with full authority to resolve the matter shall confer before scheduling the hearing on the motion to attempt to resolve or otherwise narrow the issues raised in the motion and include a Certificate of Compliance (attached hereto as “Exhibit A” “First Option”) that the conference has occurred in the Notice of Hearing filed with the court. It shall be the responsibility of counsel who schedules the hearing to arrange the conference.
The term “confer” requires a substantive conversation in person or by telephone in a good faith effort to resolve the motion without the need to schedule a hearing and does not envision an exchange of ultimatums by fax, e-mail or letter. Counsel who merely attempt to confer have not conferred for purposes of this Order.
Counsel must respond promptly to inquiries and communications from opposing counsel who notices the hearing and is attempting to schedule the conference. If counsel who notices the hearing is unable to reach opposing counsel to conduct the conference after three (3) good faith attempts, counsel who notices the hearing must identify in the Certificate of Compliance the dates and times of the efforts made to contact opposing counsel (attached hereto as “Exhibit A” “Second Option”).
Counsel shall include in the Notice of Hearing the Certificate of Compliance certifying that the meet and confer occurred (or did not occur and setting out the good faith attempts to schedule the conference) and identifying the date of the conference, the names of the participating attorneys, and the specific results obtained.
Counsel who notices the hearing shall ensure that the court and the court’s judicial assistant are aware of any narrowing of the issues or other resolution as a result of the conference.
SECTION 4 | REQUEST FOR EMERGENCY HEARING
SECTION 5 | HEARING REQUIRING MORE THAN ONE (1) HOUR
SECTION 6 | CANCELLATION OF HEARING
B. DO NOT assume the hearing is automatically removed from the Court’s calendar. If you do not receive a telephone call or email confirming the cancellation, please try contacting the Judicial Assistant again. A Notice of Cancellation that has been e-filed with the Clerk is not sufficient notice of a cancellation. Cancellation of a hearing MUST be confirmed with and by the Court.
C. When a hearing on a motion to compel discovery or a motion for protective order has been placed on the Court’s calendar, the hearing may not be cancelled without the Court’s consent and an order or agreed order submitted to the Court ruling on said motion(s). See First Amended Administrative Order No. 88-2 on the Court's website.
SECTION 7 | MOTION TO COMPEL OR MOTION FOR SANCTIONS FOR FAILURE TO PRODUCE DISCOVERY AND MOTION FOR PROTECTIVE ORDER
(2) The Florida Bar Creed of Professionalism;
(3) The Florida Bar Ideals and Goals of Professionalism;
(4) The Rules Regulating The Florida Bar;
(5) the decisions of the Florida Supreme Court and
(6) the applicable code of conduct and standing orders promulgated by the Fourth Judicial Circuit and Division CV-E
Once a Motion to Compel or a Motion for Sanctions is scheduled on the Court’s calendar, it will not be removed for any reason, even if agreed to by counsel for the parties. See First Amended Administrative Order No. 88-2 on the Court's website. The only exception is if the case is completely resolved and settled by the parties.
All discovery motions and motions to compel must be set for hearing to bring the matter to the Court’s attention. The mere filing of a motion is insufficient. Any motions filed but not set for hearing will be considered abandoned. All such discovery motions must comply with the Florida Rules of Civil Procedure including, but not limited to, a certification of a good faith attempt to resolve that matter without court action. See Fla. R. Civ. P. 1.380(a)(2) and the “Meet and Confer Requirement” (See Section III. L.) supra for motion hearings.
The filing of a Motion for Protective Order, without attempting to set it for immediate hearing, is insufficient to protect from any discovery requested. The Court will make itself available for immediate hearings on said motions where the motion could not have been filed and heard in the due course of discovery. Where necessary, and when possible, the Court will hear and, if possible, rule by telephone on motions or substantive objections that occur during depositions where a failure to do so would require the stopping of a deposition and the resetting of same depending on the Court’s ruling.
SECTION 8 | COMPULSORY MEDICAL EXAMINATIONS (CME)
SECTION 9 | ELECTRONICALLY STORED INFORMATION DISCOVERY (ESI)
SECTION 10 | DISCLOSURE OF PROTECTED HEALTH INFORMATION
SECTION 11 | POST-ACCIDENT SURVEILLANCE VIDEO
It is also well-established that although the existence of the surveillance must be disclosed upon request whether or not it will be used at trial, the content of the surveillance is discoverable only if it will be used at trial for substantive, corroborative, or impeachment purposes. Thus, the contents of post-accident surveillance video not intended to be presented at trial are considered attorney work product and subject to protection, not discoverable unless a showing of extraordinary circumstances can be made. See Dodson, 390 So.2d at 707-08; Huet, 912 So.2d at 340-41; and Hunt, 239 So.3d at 177-78.
The type of post-accident surveillance video at issue in Dodson of a purportedly injured plaintiff taken after the accident occurred characterized by the Florida Supreme Court as work product should be distinguished from a static, permanent store security surveillance video of the accident itself which is generally considered non-work product, discoverable under the Rules of Civil Procedure, which are designed to “prevent the use of surprise, trickery, bluff and legal gymnastics.” Target Corporation v. Vogel, 41 So.3d 962, 963 (Fla. 4th DCA 2010) quoting Surf Drugs v. Vermette, 236 So.2d 108, 111 (Fla. 1970).
The Florida Supreme Court in Dodson held that judges have discretion to order the depositions of parties to be conducted before requiring production of post-accident surveillance video that is going to be used at trial. Dodson, 390 So.2d at 708. Post-Dodson, a bright line rule has been established that such surveillance video need not be produced until the surveilling party has had the opportunity to depose the subject of the video. Hankerson v. Wiley, 154 So.3d 511 (Fla. 4th DCA 2015).
Generally, post-accident surveillance video that is going to be used at trial is subject to discovery and may not be used as a last-minute surprise at trial. Therefore, late or surprise disclosures of such surveillance videos are discouraged and disfavored as such tactics frequently lead to, at best, otherwise unnecessary and inefficient extensions of the Court’s existing pretrial deadlines or at worst trial continuances resulting in the Court failing to manage a case to its presumptively reasonable time period for the completion of cases in the trial courts of this state. See Rules 2.250 and 2.545, Fla. R. Gen. Prac. & Jud. Admin. In order to permit adequate time to incorporate the disclosure of such surveillance videos into the natural flow of the fact and expert discovery proceedings and other pretrial deadlines in the Court’s Case Management Order Setting Case for Jury Trial and Pretrial Conference and Requiring Matters to be Completed Prior to Pretrial Conference the surveilling party must disclose such post-accident surveillance videos, together with a written disclosure filed with the Court containing the names and business addresses of each person (i.e., videographer, private investigator) involved in conducting the surveillance and obtaining the surveillance videos together with a brief description of the nature of their involvement, and produce such unedited surveillance video to opposing counsel, or the opposing party if pro se, no later than ONE HUNDRED EIGHTY (180) DAYS prior to the Pretrial Conference.
SECTION 12 | GUIDELINES REGARDING PRIVILEGE LOGS AND IN CAMERA REVIEW PROCEDURES
SECTION 13 | PROCEDURES FOR SCHEDULING F.S. 90.702 ( DAUBERT) TYPE HEARINGS
SECTION 14 | PROCEDURES FOR PLEADING, SCHEDULING AND HEARING SUMMARY JUDGMENT MOTIONS
SECTION 15 | PROCEDURES FOR SETTLEMENT/DISMISSAL OF CASES
SECTION 16 | MINOR’S SETTLEMENT
SECTION 17 | ATTORNEY’S FEES AND COSTS
SECTION 18 | MOTIONS IN LIMINE (MIL)
B. All case specific MIL shall be filed, served, noticed, and heard or agreed to by the parties no later than the deadline set forth in the case management order or the order setting case for jury trial. The MIL shall state with particularity the grounds upon which it is based and the substantial matters of law to be argued and shall identify any evidence or supporting material on which the movant relies.3 Opposing counsel shall have five (5) business days to file a written response if they wish. Courtesy copies of such MIL, Notices of Hearing, written response(s), hearing notebooks, legal memorandums and citations are governed by Sections III I. and J. supra.
C. The Court may summarily rule on any MIL not written with particularity as described above. Any MIL not timely filed and/or not discussed by counsel at the meet and confer and (if unresolved) not set for hearing will be considered abandoned.
D. The party filing the MIL will prepare the proposed order on any contested hearing reflecting the Court’s rulings(s). All counsel is reminded that rulings on MIL are non-final orders subject to modification during trial as evidence is presented.
Footnotes
(“Motions in Limine can serve an important function in streamlining a trial. The excessive use of them, however, can clog the docket and become a trap. Boilerplate motions in limine filed early in a case have dramatically increased since the amendment of section 90.104, Florida Statutes in 2003. This amendment modified the rule requiring a contemporaneous objection to preserve an objection to the admission of evidence on appeal…. Civil litigants now attempt to obtain blanket rulings well in advance of trial on every conceivable reason to object to evidence at trial, whether or not those matters apply to the facts of the case. Therefore, when the trial is held later, litigants believe that they do not have to object at all, and appellate issues will still be preserved. Trial judges may be put in the position of having to sua sponte strike evidence or hazard an appellate reversal with the requirement of a new trial…. Trial judges do not have to consider such motions well in advance of trial. Many times, they should not rule in advance. Evidentiary issues often depend upon the context in which they are raised or the other evidence which is admitted or developed through discovery. Where evidence excluded by a prior order in limine is admitted inadvertently, simply because it was not pointed out to the trial court that the evidence violated the order, this provides an appealable issue and an opportunity for a new trial, even though the error could have been easily corrected had it been pointed out by the parties. To prevent that from occurring in this case, the trial judge astutely required the parties to object to any evidence sought to be excluded. Because the Plaintiff did not object, this issue was not preserved for appeal”).
SECTION 19 | EMERGENCY MOTION/MOTION FOR REHEARING/MOTION FOR NEW TRIAL
SECTION 20 | PROPOSED ORDERS WHEN THE COURT MAKES A RULING
2. All orders must describe, in the caption, the subject and ruling of the court, i.e. “Order Granting Plaintiff’s Motion for Partial Summary Judgment on Liability.” See Fla. R. Civ. P. 1.100(c)(1).
3. If there is an unrepresented party involved in the case not using e-Portal, the proposed Order must be submitted to the Court in writing, with sufficient copies for an original to be entered by the Court and a copy for each party not using e-Portal. Further, the party presenting the proposed Order, shall be responsible for providing addressed, stamped envelopes for parties not using the e-Portal;
4. If all parties before the Court are using e-Portal, the proposed Order may be emailed to the Court in Microsoft Word format; and
5. The proposed Order service list must contain e-filing addresses for opposing counsel/unrepresented party. If an unrepresented party does not receive e-filings, counsel must immediately mail or hand deliver to the Court an addressed, stamped envelope.
6. If the parties are unable to agree on the form of the order that accurately reflects the Court’s ruling, both sides shall present their respective proposed orders to the court for consideration within seven (7) days of the hearing with copies to opposing counsel. The party objecting to the proposed order shall also present a “redline” or “blackline” version, in Microsoft Word format, of the proposed order to the Court, together with a transcript of the hearing if a Court Reporter was requested by any party. The purpose of providing the Court with a “redline” or “blackline” version, in Microsoft Word format, of the proposed order is to allow the Court to compare the versions of the competing proposed orders to consider and comprehend what has been changed, revised or added. Copies of any such “redline” or “blackline’ version of the proposed order and hearing transcript shall be provided to opposing counsel/unrepresented party.
7. If you want to know if a specific order has been signed by the Judge, you should first check the Clerk of Court’s records system to confirm it has been docketed as the Judicial Assistant is unable to track the signing of a specific order.
2. That all opposing counsel/unrepresented parties have been provided with the same materials being provided to the Court, and whether the parties agree with the language of the proposed Order.
SECTION 21 | PROPOSED ORDERS WITHOUT A HEARING
B. If counsel does not have an email address for an unrepresented party, counsel must mail or hand-deliver the proposed Order, cover letter and all attachments to the Court consistent with the instructions above. If an unrepresented party does not receive e-filings, counsel must immediately mail or hand deliver to the Court an addressed, stamped envelope for that party.
C. All consent Orders shall include the word “Consent” or “Agreed” in the caption of the proposed Order, and must describe in the caption, the subject and ruling of the court, i.e., “Agreed Order Granting Plaintiff’s Motion for Partial Summary Judgment on Liability.” See Fla. R. Civ. P. 1.100(c)(2).
D. The proposed Order service list must contain e-filing addresses for opposing counsel/unrepresented party. If an unrepresented party does not receive e-filings, counsel must immediately mail or hand deliver to the Court an addressed, stamped envelope.
E. If you want to know if a specific order has been signed by the Judge, you should first check the Clerk of Court’s records system to confirm it has been docketed as the Judicial Assistant is unable to track the signing of a specific order.
SECTION 22 | PROPOSED ORDERS AFTER COURT TAKES MATTER UNDER ADVISEMENT
2. generally, the Court will establish a reasonable deadline for filing the proposed orders within 7 days following the hearing;
3. a courtesy copy of the proposed orders must be emailed to the Court’s Judicial Assistant in Word format by the same deadline as the filing of the proposed orders;
4. not as an additional written argument or legal briefing requirement, but to provide counsel an opportunity to plead any exceptions or objections to the form of opposing counsel’s proposed orders (i.e., citing materials not in the record or citing to materials in the record, but not previously cited in the factual positions supporting the motion/response; findings not based on the record testimony/evidence), generally the Court will establish a reasonable deadline for filing the exceptions/objections pleading within 5 days following the filing of the proposed orders;
5. a courtesy copy of any such filed exceptions/objections pleading must be emailed to the Court’s Judicial Assistant by the same deadline as the filing of the same.
SECTION 23 | JURY TRIAL DEADLINES
SECTION 24 | NON-JURY TRIAL DEADLINES
SECTION 25 | MEDIATION
SECTION 26 | WITHDRAWAL OF COUNSEL
SECTION 27 | EX PARTE PERSONAL COMMUNICATIONS/CORRESPONDENCE
EXHIBIT A
CERTIFICATE OF COMPLIANCE
I HEREBY CERTIFY that a lawyer in my firm with full authority to resolve this matter had a substantive conversation in person or by telephone with opposing counsel in a good faith effort to resolve this motion before the motion was noticed for hearing but the parties were unable to reach an agreement.| /s/ | |
| Counsel for the party who noticed the matter for hearing. |
CERTIFICATE OF COMPLIANCE
I HEREBY CERTIFY that a lawyer in my firm with full authority to resolve this matter attempted in good faith to contact opposing counsel in person or by telephone on:2. ______(Date)________________ at _____(Time)______; and
3. ______(Date)________________ at _____(Time)______;
| /s/ | |
| Counsel for the party who noticed the matter for hearing. |
Division CV-F
CONTACT INFO (ZOOM)
|
JUDGE JAMES H. DANIEL DIVISION CV-F JENNIE PRATHER, JUDICIAL ASSISTANT 501 West Adams Street, Chambers # 736 Jacksonville, FL 32202 Phone: (904) 255-1240 jprather@coj.net |
SECTION 1 | EX PARTE
- For any ex parte orders counsel wish to have addressed, counsel should provide the Court with a cover letter, the motion, supporting documentation and proposed order (in Word format) via the e-portal. The Court will review and enter order if appropriate. If a hearing is required, you will be notified of the need to set the matter for hearing and dates will be provided.
SECTION 2 | SETTING CASE FOR JURY TRIAL
- Once a Motion to Set for Trial or Notice of Trial is filed, the moving party shall submit a copy of the motion/notice and completed trial set memorandum by email to the judicial assistant and copy all other attorneys and pro se parties. The parties shall complete all information in the form, including the desired mediator and trial date The trial set memorandum and available trial dates are posted on the judges’ webpage at https://www.jud4.org/Ex-Parte-Dates-Judge-s-Procedures/Duval-Judges.aspx.
- Judicial Assistant will set a time certain for a Motion to Set, if there are any disagreements on mediators, trial dates or if the JT will take longer than 5-days.
SECTION 3 | SETTING CASE FOR NON-JURY TRIAL
- Judicial Assistant will set a time certain hearing for a Motion to Set a Non-Jury Trial.
SECTION 4 | MOTION TO CONTINUE TRIAL
SECTION 5 | CANCELLATION OF TRIAL(S):
****All trials and pretrial conferences are set by the Judge and are subject to change.
SECTION 6 | SCHEDULING A HEARING FOR PENDING MOTIONS/CMC/SC
- Please include the case style, case number, length of time requested and docket line number of pleading. Hearings will only be set if the corresponding motion is on the docket.
- Hearing dates provided are NOT held and may be given to others. Hearing dates are NOT secured until confirmation is sent from the judicial assistant.
- Additional motions may NOT be added and will not be heard to previously scheduled hearings without court approval.
- Proposed orders for hearings should be submitted via email to the Judicial Assistant. For cases where any of the parties are not utilizing E-fling Portal, proposed orders must be submitted via U.S. mail with the appropriate number of copies and envelopes.
SECTION 7 | DURATION TIMES FOR A HEARING
SECTION 8 | TELEPHONIC/ZOOM APPEARANCES
The Court allows attorney(s) to appear telephonically or by Zoom for motion hearings consisting of thirty (30) minutes or less without permission from the Court. Please notify the judicial assistant of the telephonic/zoom appearance when setting a hearing. Hearings longer than 30-minutes require permission from the Court. Remote appearances are not permitted for hearings exceeding 1-hour in duration, except upon motion, good cause shown and leave of Court. The Court may deny remote appearances.
SECTION 9 | CANCELLATION OF HEARINGS
SECTION 10 | COURTESY COPY OF MOTIONS ON THE CALENDAR
SECTION 11 | EMERGENCY MOTIONS/MOTION FOR REHEARING/MOTION FOR NEW TRIAL
SECTION 12 | MOTION TO COMPEL OR MOTION FOR SANCTIONS FOR FAILURE TO PRODUCE DISCOVERY
SECTION 13 | INSTRUCTIONS FOR PROPOSED ORDERS
2. A consented or agreed to order should have in the caption “Consent” or “Agreed”, or it should have the agreeing parties’ signatures.
3. When an order is submitted where there is an unrepresented party or parties not receiving service through the e-portal, the attorney submitting the order is responsible for ensuring copies of the order(s) are mailed to any unrepresented party or parties and a Notice of Service is filed on the case. The following language should be on all orders for party or parties not receiving service through the e-portal:
Counsel shall serve a copy of this Order, by regular mail, to all parties not receiving service of court filings through the Florida Courts E-Filing Portal and shall file a certificate of service in the court file.
Division CV-G
CONTACT INFO (ZOOM)
|
JUDGE MICHAEL S. SHARRIT FOURTH JUDICIAL CIRCUIT OF THE STATE OF FLORIDA HEARING ROOM 705 DUVAL COUNTY COURTHOUSE 501 WEST ADAMS STREET JACKSONVILLE, FLORIDA 32202 LISA CARPENTER, JUDICIAL ASSISTANT LRCARPENTER@COJ.NET (904)255-1249 |
SECTION 1 | EX-PARTE - SCHEDULING CASES FOR TRIAL
SECTION 2 | MOTIONS, HEARINGS AND ORDERS
Hearing location information is as follows, unless other noted: Duval County Courthouse
501 West Adams Street, Hearing Room 705
Jacksonville, Florida 32202
• Additional motions may not be added to previously scheduled hearings without court approval.
• Proposed orders should be submitted via email to LRCarpenter@coj.net in Microsoft Word or PDF format. For cases where one or more of the parties is pro se, proposed orders must be submitted via U.S. mail with the appropriate number of copies and envelopes.
• Memoranda of law and supporting material should be submitted at least three days prior to the scheduled hearing.
• Requested hearing cancellations must be communicated to LRCarpenter@coj.net.
• Proposed orders submitted following a hearing should be accompanied by a cover letter verifying approval by opposing counsel.
• Consent orders submitted without a hearing should be accompanied by motion and cover letter certifying non-objection by opposing counsel.
• All motions do not require a hearing. The Court may issue rulings on a motion without a hearing, and without prior notice to counsel or parties.
SECTION 3 | USE OF SPECIAL MAGISTRATES
SECTION 4 | CASE SETTLEMENT
Division CV-H
CONTACT INFO (ZOOM)
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JUDGE G.L. FELTEL, JR. Circuit Civil Division CV-H Hearing Room 712 Duval County Courthouse 501 West Adams Street, Suite 7008 Jacksonville, Florida 32202 Tracy Hanrahan, Judicial Assistant Email: HanrahanT@coj.net Telephone: (904) 255-1303 Zoom ID: 876 863 2186 Website: http://www.jud4.org/ex-parte-procedures-and-dates |
SECTION 0 | INTRODUCTION
SECTION 1 | EX-PARTE HOURS
SECTION 2 | SETTING MATTERS FOR TRIAL (JURY AND NON-JURY)
(ii) the proposed trial week(s).
(ii) the proposed trial week(s).
In either event, the Court will then prepare and e-file the Trial Order.
If the case settles, the parties shall immediately notify the Court so that it may be removed from the trial calendar.
SECTION 3 | SCHEDULING HEARINGS
Once a hearing time is set, the moving party shall file and serve a Notice of Hearing within 2 business days emailing a courtesy copy to the Judicial Assistant after it has been filed. No party may add or notice additional matters for that time without the express consent of all parties and confirmation from the Court.
If the parties cancel a hearing, the parties shall immediately file a Notice of Cancellation and e-mail the Notice to the Judicial Assistant. It is imperative the Court have the opportunity to repost the hearing time for use in other cases.
Any party seeking to appear telephonically for a hearing shall move the Court for permission at the time the hearing is requested. Telephonic appearances are a privilege, not a right. Attendance by telephone is usually permitted in non-evidentiary hearings of 30 minutes or less. The Court may deny telephonic appearances if there is a history of problems or issues that impede the Court’s scheduled hearings. If permission to appear telephonically is granted, the counsel attending telephonically shall comply with Rule 2.530 of the Florida Rules of Judicial Administration and make all necessary arrangements in advance with the Judicial Assistant to be on the phone and ready to proceed at the scheduled hearing time. If more than one person is appearing telephonically, the parties are responsible for making arrangements in advance so that only one line is calling into the Court at the time of hearing. (Accordingly, the Ex Parte hearings are suspended until further notice.)
The Court’s hearing schedule has very little, and sometimes no time in-between hearings. Please arrive early and allow plenty of time for parking. Failure to timely appear for a hearing may result in the motion being denied (if moving party) or the motion being heard without you (if the non-moving party). Moreover, the Court will enforce the time limits set for each hearing. Any matters not resolved during the scheduled hearing time will have to be re-scheduled or decided after an opportunity for written briefing.
SECTION 4 | USE OF SPECIAL MAGISTRATES
SECTION 5 | COURTESY COPIES
Motions, pleadings and memoranda may be provided by e-mail as well as U.S. Mail or hand delivery. Any binders containing case law shall be received by the Court at least 5 days prior to the hearing, with copies provided to all other parties at the same time. Failure to abide by these terms may result in the hearing being canceled by the Court without notice.
The Court encourages all parties to work together where possible to submit one copy of the supporting materials necessary for the Court’s consideration.
SECTION 6 | MOTIONS FOR REHEARING, NEW TRIAL OR EMERGENCY MOTIONS
SECTION 7 | CERTAIN MOTIONS TO BE DECIDED WITHOUT HEARING
(ii) Motions for Judgment on the Pleading;
(iii) Motions to Strike;
(iv) Motions for Leave to Amend (except ones seeking to plead punitive damages); and
(v) Motions for Extension / Enlargement of Time to Respond.
SECTION 8 | DISCOVERY DISPUTES
Prior to filing a Motion to Compel the moving party shall confer in good faith with the non-moving party in an attempt to resolve the discovery dispute. The Court does not believe this is merely a “box to check” before filing such a motion. Indeed, the Court fully expects that the description of the good faith conferral may be the lengthiest part of the Motion to Compel. If, for any reason, the moving party is unable to confer with counsel for the non-moving party, there should be a detailed description in the motion of all actions taken by the moving party to confer. The good faith requirement imposes the obligation upon all counsel to promptly reply to a ‘meet-and-confer’ request and to provide availability for that meeting.
Once a Motion to Compel or Motion for Sanctions is scheduled on the Court’s calendar, it will not be removed without permission of the Court.
Florida law does not provide for “General Objections.” Any objections to discovery requests must be specific and detailed. Discovery responses listing “General Objections” will be stricken and subject to monetary sanctions.
SECTION 9 | PROPOSED ORDERS FOLLOWING HEARINGS
2. If all parties before the Court are using e-Portal, the proposed Order may be emailed to the Court in Microsoft Word format; and
3. The proposed Order service list must contain e-filing addresses for opposing counsel/unrepresented party. If an unrepresented party does not receive e-filings, counsel must immediately mail or hand deliver to the Court an addressed, stamped envelope.
2. That all opposing counsel/unrepresented parties have been provided with the same materials being provided to the Court, and whether the parties agree with the language of the proposed Order.
SECTION 10 | TRIAL TECHNOLOGY
You might need to reference them during your pursuit of justice.
For instance, you might need to understand certain local rules to recover from the damages that lawbreaking judges/lawyers have inflicted upon you (see this example of a Florida judge who outright committed perjury).
As always, please get the justice you deserve.
Sincerely,
www.TextBookDiscrimination.com
