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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 |
Rules of Court
Duval County, Division CV-B
SECTION 0 | CONTACT INFO (ZOOM)
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
You might need to reference it 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
