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12 verbatim requirements extracted from judge-sherwood-bauer-jr__BAUER-PROCEDURES-UA.pdf, across 3 topics.
Nineteenth Judicial Circuit (Indian River, Martin, Okeechobee, St. Lucie). Check the order's own effective and rescission dates before relying on it. Procedural information only; not legal advice.
Verbatim from the order, captured 2026-07-24; whitespace normalised only. No OCR was used anywhere in this chain. HEARING TIME & ARGUMENT LIMITS • • Method of Communication: All communications to the judicial office must be submitted by e-mail toBauerja@circuit19.org. The subject line must contain the case number, case name, and relevant matter (e.g., 2024 DR 001234 SC – Doe v. Doe - 2-Hour Hearing Requested.) • 2 • Unsolicited Communications: Unsolicited communications from non-parties will not be considered by the c ourt. Parties may only contact the judicial office in accordance with these practices and procedures. • E-Filing Portal Contact Information: All attorneys and self -represented litigants must provide an e-mail address to receive signed orders electronically , unless excused. Fla. R. Gen. Prac. & Jud. Admin. 2.516. It is the responsibility of attorneys and self -represented litigants to update their contact information using Form 2.603 any time there is a change in the e-mail account registered for electronic service. • Should you contact this office with any legal questions and/or advice, please be advised we are not at liberty to provide any legal advice but do advise that you contact an attorney of your choosing. Should you have questions about scheduling or any of the office procedures please feel free to contact my assistant, Emily, by e- mail Bauerja@circuit19.org • Y ou may e-mail correspondence or copies of any pleading, notice of hearing, or proposed order (in Word only) to Bauerja@circuit19.org You must include the opposing counsel or party (if pro -se) as a copy recipient on all e -mail correspondence and CLEARLY indicate that you have done so in the e-mail. B. Sc heduling Procedures • Court Schedule: You can find the Court Schedule on the 19th Judicial Website. • Scheduling Hearings: • DO NOT USE THE ONLINE CALENDAR SYSTEM TO SCHEDULE ANY MOTION HEARING TIME (EXCEPT UMC HEARING TIME). • All (EXCLUDING UMC motions) hearings must be scheduled by co ntacting Judicial Assistant (Emily) by e-mail at Bauerja@circuit19.org . The hearing dates are labelled as “Motions” on my calendar also found on the website, however the Judicial Assistant will provide you with available dates and times. • After the motion has been filed with the clerk of court, you may obtain possible hearing dates and times by contacting my Judicial Assistant). If an e-mail contact is impossible the office number is: 772-288-5585. • Hearing time must be cleared with opposing counsel/party and a certificate that the date and time was coordinated with the opposing counsel/party must be clearly reflected on your Notice of Hearing • IF THE OPPOSSING PARTY DOES NOT REPLY TO YOUR REQUEST TO COORDINATE HEARING TIME WITHIN 3 DAYS, AND WITHIN 24 HOURS OF YOUR SECOND REQUEST (AFTER THE 3 DAYS) THE HEARING MAY BE UNILATERALLY SET, explaining in the notice of hearing the attempts to coordinate. • Please do not include the Judicial Assistant on the back and forth emails between the attorneys/parties, as we get enough emails and do not need to review your exchange. • • YOU MUST provide via e-mail (1)a copy of the motion, (2) any proposed Orders (in Word Format), and (3) the Notice of Hearing to Bauerja@circuit19.org w ithin 5 (five) working days of obtaining the possible date/time – failure to do so may result in the Court striking that possible date/time and providing that time to another. Please provide all e-mail addresses, if available, so that any Orders/Final Judgments can be provided to all parties. Should you not have an e -mail address please provide self -addressed stamped envelopes to the Court the day of your hearing. • All motions must have been filed with the Clerk of Court BEFORE you contact this office for hearing time. • THE NOTICE OF HEARING MUST CONTAIN THE TITLE OF THE MOTION TO BE HEARD; THE DATE WHEN THE MOTION TO BE HEARD WAS FILED IN THE COURT FILE; AND THE TIME ALLOTED FOR THE HEARING • You may also send/efile any case law with the motion which you think may be helpful to the Court. I have no opposition to you highlighting the relevant portions of any text. Please copy to the opposing party. Memorandum is also appreciated, if in brief form and it must be provided at least 5 days before the hearing. • The motion must also contain the necessary certification contained in Rule 1.202. This requires that “before filing a non-dispositive motion, the movant must confer with the opposing party in a good- faith effort to resolve the issues…” Failure to confer and to include the necessary certificate of conferral will result in the striking of the motion. The certification must “at the end of the motion and above the signature block the movant must include a certificate of conferral in substantially the following form: • ‘I certify that prior to filing this motion, I discussed the relief requested in this motion by [method of communication and date] with the opposing party and [the opposing party (agrees or disagrees) on the resolution of all or part of the motion] OR [the opposing party did not respond (describing with particularity all of the efforts undertaken to accomplish dialogue with the opposing party prior to filing the motion)]." OR "I certify that conferral prior to filing is not required under rule 1.202.’” • UMC HEARINGS: UMC dates are on the calendar at 9:00 a.m. Please note all UMC Hearings are 10 minutes or less and are non-evidentiary in nature. You may schedule these using the on line calendaring system. You still must comply with requirements to request to appear by Zoom, see below. • Order of Proceedings: The Court will call the cases in the order it deems in the most judicially efficient manner. • • Continuance Procedure: Continuances are disfavored and will be granted only upon good cause shown. A request for continuance must be submitted at least three (3) days prior to the scheduled court date. Except for good cause shown, the motion must be signed by the party requesting the continuance, as required by Florida Rule of General Practice and • Judicial Administration 2.545(e). If you desire a continuance (for motion hearing, CMC, or any set cause), you must first contact the other party (attorney) and determine if they will stipulate to a continuance. If so, please submit a stipulated motion for continuance and proposed order. If stipulated, the Court will almost always agree. If there is no stipulation, file the motion and contact the Court for a hearing date and time, just as with any other motion. Any such motion must be filed as soon as you are aware of the need for a continuance. If an emergency occurs, contact the other party and the Court as soon as possible to resolve such an issue. • • Cancelling Hearings: Cancellation of any hearing must be done by Efiling a Notice of Cancellation of hearing and sending a copy to the Judicial Assistant at Bauerja@circuit19.org. • • Motions to Compel: Discovery should not be an issue, yet somehow it is. If there is a Motion to Compel a response to discovery or other request, you may submit a copy (as the original would have to have been filed with the clerk) of said motion to the Court with a proposed order (in Word Format) You must comply with 12.380 Fla.Fam.L.R.P. There is no requirement for a hearing on such a motion and the Court will often issue an order without a hearing being held. Gaspar, Inc. v. Naples Fed. Sav. & Loan Ass’n., 546 So.2d 764 (Fla 5th 1989) • • Motions to Dismiss: If there is a Motion to Dismiss filed, you may provide that motion to the Court to Bauerja@circuit19.org and to the opposing party – please request that the Court review. The Court will review the motion and any response to the motion to dismiss (the Court will wait 10 days from receipt of the motion to receive any response) and rule on the motion to dismis s without a hearing, if it can, and enter an order. The Court, if necessary based on the motion and response, will order that the motion be set for hearing. • • Motions for Contempt: If a motion for Contempt or Enforcement is file, for a failure of the other party not following an existing Court Order, it should be sworn to – with the appropriate oath affirming that the information contained in the motion is true and accurate – which permits the Court to, if it chooses, to issue a Rule to Show Cause why the person should not be held in Indirect Criminal Contempt of Court. It also permits the Court to take action against the movant if the facts sworn to are proven to be false. Additionally, a false affidavit is perjury and a crime. The purpose for this potential action of Indirect Criminal Contempt is to ensure that a Court Order is followed. A Court Order, if not followed, is a very serious matter and this Court believes that a wilful failure to obey a Court Order is potentially criminally contemptuous. Likewise, if a false claim is made (as proven by the evidence at the hearing) in a sworn motion, that is equally, and potentially more, serious. Attorneys should caution their client that only accurate and true information should be presented to the Court. All motions for non -compliance with a Court Order shall be sworn to. • • Filing of Pleadings: Please note, all original pleadings must be filed with the Clerk of Court. It is not this office ’s responsibility to file original pleadings. The Court will only file the orders of the Court with the Clerk of Court, and possibly documents received by • 5 the Court relating to a case, but that requires no action. For any hearing set it is your responsibility to file a notice of hearing with a copy to the judge’s office. Also, note that a pleading filed in the Court file does not result in the Judge getting a copy. C. Remote Appearance • R emote Appearance P rocedure: T he court maintains a hybrid virtual courtroom, allowing parties to appear either in person or remotely, as provided by Florida Rule of General Practice and Judicial Administration 2.530. Requests to use communication technology for an appearance must be made by motion, but see below for details. • P latform Used: ZOOM • P latform Meeting ID#: 503 389 0737 • Requirements: Zoom attendance at Court Hearings may or may not be permitted by first requesting via motion / obtaining permission at the time of setting the hearing or at least 120 hours before the hearing once the case is set, from the Court, by request to chambers at Bauerja@circuit19.org Do not assume that you may appear by Zoom. While many have gotten used to appearing remotely in the last few years, there is a benefit, in the interest of justice, to in person contact in the resolution of Court matters . Exceptions will be made, if justified. In person will be the norm, as the Court finds good cause for the reasons stated herein. Best Practice: If you know at the time of setting the hearing that an appearance by Zoom is necessary, ask for the appearance by Zoom at that time, if permitted, that notation can be in the notice of hearing. Once hearing is set: Pursuant to Florida Rule 2.530, upon a motion to appear remotely for a non-evidentiary hearing lasting 30 minutes or less, your request to appear remotely will be granted, unless the judge determines that this shall not be permitted for good cause. If the request is for an evidentiary hearing or non-evidentiary hearing scheduled for more than 30 minutes, a motion is required which sets forth good cause why a party or witness should be allowed to appear remotely . The Court will exercise its discretion and grant or deny the request. The Court requires that the motion must be filed with an email copy to the Court at least 120 hours (5 full days) before the scheduled hearing time or it will not be addressed and the hearing will be in person. A ny objection must be filed with an email copy to the Court at least 96 hours (4 full days) before the scheduled hearing time. The Court will issue order at the expiration of this period of time. • 6 Email requests do not fulfill the motion requirements. The Court reserves the right to modify the requirements if deemed necessary. • T echnology Needs: It is the responsibility of the Zoom participant to ensure that the connection, video, sound is made. Hearings will not be reset due to a failure of connection, unless there are unique circumstances. ∆. Submission of Orders and Judgments ∆Ι. Format: All proposed orders must be submitted in Word Format. All proposed orders must be accompanied by a cover letter either (1) certifying that all parties agree to the order or (2) containing a statement identifying any disagreement of the parties as to the proposed order. The file name of the proposed order MUST CONTAIN THE CASE NAME, CASE NUMBER, AND WHAT THE ORDER IS FOR, an example is: JONES 24CA000871 ORDER ON MOTION TO DISMISS ∆ΙΙ. Submission Method: By email to Bauerja@circuit19.org EXCEPT PROBATE, THAT SHOULD BE EMAILED TO ProbateMC@circuit19.org ∆ΙΙΙ. Deadline for Submissions: Proposed orders must be submitted within 2 days after any hearing. E. C ourtesy Copies of Case Law and Other Documents • When Required: Courtesy copies of case law or other specified document can be submitted to the court, with a copy to other party, for any evidentiary proceeding. • Format: PDF or Word document. • Submission Method: By email to Bauerja@circuit19.org • Deadline for Submissions: 2 days before any hearing. F. E mergency and Other Urgent Matters • Requirements: If a party believes there is a factual basis for setting an emergency hearing, a detailed motion setting forth the following must be filed: (1) the issues to be resolved and (2) the reasons why an emergency hearing is necessary . If you file a motion labelled “Emergency” this Court is obligated to review that motion in a swift manner. Therefore, a motion labelled “Emergency” which is not an emergency is disruptive to the schedule of the Court. DO NOT label a motion, unless it is a real emergency, as an emergency. The Court upon review of the motion, if it is determined not to be an emergency, will deny the motion in its entirety and if you wish to pursue the issue you must file a new motion and it • 7 will be addressed as any other motion. If the issue is one which factually could create an urgent or time sensitive issue, then label the motion accordingly and provide the information which makes the party believe it is urgent or time sensitive at the beginning of the motion. Additionally, a motion labelled as an “emergency” which is filed with the clerk of court does not automatically get provided to the Court. Therefore, if you believe a motion is an emergency or urgent, it must be provided to the Court to be addressed in a prompt manner. • • Scheduling: I f the court determines that an emergency exists, a hearing will be scheduled unilaterally by the court. All parties shall make themselves available for the emergency hearing, barring exigent circumstances . The hearin g will be set for a time not to exceed one (1) hour, unless the motion details why more time is necessary and a specific amount of time is requested. G. E xhibits for Evidentiary Proceedings • Submission Method: S ubmit all exhibits to the Court electronically by e- mail to Bauerja@circuit19.org at least three (3) days before the hearing/trial commences. • Format: Exhibits must be submitted to the clerk of court in paper format. All attorneys and self-represented litigants must bring sufficient copies of each exhibit for the clerk, the court, and each party to review during the hearing or trial. Exhibits must be labeled in the following format: ‘Petitioner/Plaintiff 1’ or ‘Respondent/Defendant A.’ The clerk must be provided the paper exhibits at least 48 business hours befor e the hearing/trial commencing. • Witness and Exhibit List: If you have witnesses or exhibits for a motion hearing, a copy of the witness list and a list of the exhibit(s) must be filed with the Clerk and provided to the Court via email, mail, or by hand delivery – received - at least three (3) days before the hearing or it will not be considered by the Court. An order setting trial may have a different time requirement, An exception to this rule for exhibits will determined by the Court at the time and only be for short or brief documents which can be read in a minute or so, or a photograph which can be quickly reviewed – these items can be provided to the Court at the hearing and please have a copy for the opposing party. There is no need to list as required above. H. P retrial Procedures and Conferences • Case Management Conference: • Status Conference: Any party may request a status conference when a case requires. • Requirements: Any request for a CMC or status conference must articulate the reasons for the necessity of the conference. • 8 I. Setting Case for Trial P rocedure: File a notice for trial to set the case for trial. For Civil Matters specifically: The Case Management Plan O rder (CMPO) can be confu sing as to how a case will be set for trial. The CMPO sets forth the desired trial month. T his Court will hold a Case Management Conference (CMC) in order to set the matter for a specific trial day or days. This Court will not provide a specific CMC date in the CMPO. It intends to include the wording of: “ TRIAL MONTH / Case Management Conference: will be set about 60 days prior to the first business day of the trial month upon either party requesting the CMC – please do so 90 days prior to the trial month. ” What the intention of those words are is that when the parties want a CMC they need to contact by email at Bauerja@circuit19.org and request a CMC date. This email should be approximately 90 days prior to the 1st day of the trial month. This 90 day period is so that the Court can set a CMC approximately 60 days prior to the trial month where it will provide a trial date. If the Court does not receive a request for a CMC none will be set and the case will not get set for trial. It is the responsibility of the parties to ensure that a CMC date gets set. • Notice Period: After the CMC/pre-trial conference, the Court will assign cases to specific days during the trial period and may assign back -up cases. Attorneys, self-represented litigants, parties, and witnesses are expected to be available during the entire trial period. J. F orms – N/A K. O ther Division Procedures • ADA Accommodations:If you need an ADA accommodation, please contact Court Administration for the 19th Judicial Circuit. • Interpreter Requests: If an interpreter is needed for a hearing or trial you should arrange for an interpreter, if it is for a cause for which Florida law requires the Court to provide an interpreter, please contact the Court Administration for the 19th Judicial Circuit. • M otions for Rehearing.Reconsideration/New Trial: Upon the filing of such motion, the moving party shall send a copy to the Court for review via e-mail. The copy of the motion shall be accompanied by a proposed order and transmittal confirmation to all counsel. If the Court determines that a hearing is necessary, the movant will be given dates and times to coordinate with opposing counsel or pro se litigants , and the movant must file the appropriate notices. • NOTICE TO PERSONS WITHOUT LAWYERS/Pro Se Litigants: The Code of Judicial Conduct governing behavior by judges forbids judges from discussing court cases or legal issues with the parties and their lawyers out of court. The judge is only allowed to consider arguments made in the courtroom and in documents properly filed by parties in the case as authorized by law and the rules of court. The judge cannot respond to • 9 letters seeking a judicial ruling in favor of a party. Please do not call or write expecting to communicate with the Judge about any case. In Court hearings you will be held to the same rules of procedure and evidence code as an attorney. If you want to make a request for some judicial action, you must file a motion with the Clerk of Court and send a copy to all attorneys and all unrepresented parties in the case. You must contact the judicial assistant for a hearing date. Pursuant to the local rules, the judicial assistant may direct you to send a copy of the motion to her. G UARDIANSHIP DIVISION PROCEDURES I. _INCAPACITY PROCEEDINGS S ubmit the following in WORD format via e-mail to GuardianshipMC@circuit19.org: 1. Notice of Petition to Determine Incapacity with the Hearing date filled in, if possible (refer to and schedule using the online scheduling system); 2. Order Appointing Attorney/Elisor; and 3. Order Appointing Examining Committee. If there is information on the proposed or that can be filled in by your office, please do so before submitting to the Court, inclu case number and e -mail service addresses. Do not include Certificate of Service by Clerk. 4. In order for the Court to determine who shall be appointed to represent the AIP, an Application to Determine Indigency Status MUST be submitted to the Clerk of Court the time of filing. II. EXAMINING COMMITTEE FEES: P ursuant to Administrative Order 2017-10 in RE: Order for Compensation of Examining Commi this office will only accept the Order for Compensation of Examining Committee posted under “Forms” on Judge Bauer’s webpage on www.circuit19.org. This order must be sent within (5) days after the hearing for incapacity is held. Concerning payment of Examining Committee where the Ward has been found indigent, these fees are preset and must be as follows: Physicians: $350.00 Psychologists: $250.00 Lay People: $125.00 S ubmit checklists, petitions/motions, proposed order (in word format) and hearing packets the following via e-mail: GuardianshipMC@circuit19.org. M OTION TO WITHDRAW: A certification that all plans, accountings and mandatory reports up to date is required. Guardian Advocate: Follow procedures outlined in F.S. 393.12 & Florida Probate Rule 5.64 submit proposed orders accordingly III. CONTESTED GUARDIANSHIP • 10 A. REQUIREMENTS FOR COURT REPORTERS: A ll evidentiary matters (both trials and hearings) must be recorded by a court reporter. It is moving party’s responsibility to arrange to have a court reporter present. B. SETTLEMENT OF CASES: I f your case settles immediately notify the Court’s Judicial Assistant via e -mail at Bauerja@circuit19.org, with a transmittal confirmation to all parties, ATTACHING AN ALREAD FILED NOTICE OF SETTLEMENT, DISMISSAL DOCUMENTS AND FINAL DISPOSITION FORM. PRO BATE DIVISION PROCEDURES: C hecklists are required for both Opening and Closing Estates. The checklists are posted on Judge Bauer’s web page under “forms” on www.circuit.19.org: 1. O pening a Formal Estate; 2. Closing a Formal Estate (Discharge); 3. Summary Administration; and 4. Disposition of Personal Property with Administration A ttorneys must verify completion and correctness of the Checklists by personal signature. No signature stamps are allowed. Once the checklist is complete, the attorney’s office shall submit via email to ProbateMC@circuit19.org: 1. Completed checklist 2. Proposed Order(s) in word format TO ProbateMC@circuit19.org ; and 3. A description of the documents being provided, as well as the action you wish to be taken. O riginal documents and monies are not to be sent to the Judge’s office, and the Judge’s office take no responsibility for such items. CO NTESTED PROBATE – I. REQUIREMENTS FOR COURT REPORTERS: A ll evidentiary matters (both trials and hearings) must be recorded by a court reporter. It is the moving party’s responsibility to arrange to have a court reporter present. II. SETTLEMENT OF CASES: If your case settles immediately notify the Court’s Judicial Assistant via e -mail at COURTESY COPIES • Table of Contents A. Communications with the Judicial Office ................................................................................ 1 B. Scheduling Procedures ............................................................................................................. 2 C. Remote Appearance ................................................................................................................. 5 D. Submission of Orders and Judgments ...................................................................................... 6 E. Courtesy Copies of Case Law and Other Documents ............................................................... 6 F. Emergency and Other Urgent Matters ..................................................................................... 6 G. Exhibits for Evidentiary Proceedings ....................................................................................... 7 H. Pretrial Procedures and Conferences ........................................................................................ 7 I. Setting Case for Trial ............................................................................................................... 8 J. Forms ....................................................................................................................................... 8 K. Other Division Procedures ....................................................................................................... 8 GUARDIANSHIP PROCEDURES …………… …… ………… ……… ……… … ………… ……… ……..9 PROBATE PROCEDURES ………… ……… ……… ………… ……… ……… … ………… ………... …10 CIVIL CASE MANAGEMENT REQUIREMENTS ………… ……… ……… … ………… ……… …….11 PROPOSED ORDERS • 11 Bauerja@circuit19.org, with a transmittal confirmation to all parties, ATTACHING AN ALREADY E-FILED NOTICE OF SETTLEMENT, DISMISSAL DOCUMENTS AND FINAL DISPOSITION FORM. CI VIL CASE MANAGEMENT REQUIREMENTS: COMPLIANCE WITH AO 2021-05 MANDATORY/ CIVIL CASE MANAGEMENT AND RESOLUTION: Please see Administrative Order 2021 -05; Compliance is required. The party initiating a civil action in this division must serve a case management plan and order with the summons and complaint. The Court’s approved template for the case management order is available on Judge Bauer’s web page in a fillable format. The complete case management plan and order must be submitted to Judge Bauer ’s office by Plaintiff/Plaintiff’s counsel fo r final approval no later than thirty (30) days after the last defendant is served with the complaint. For cases subject to a statutory stay or moratorium that prevents prosecution of the case, the completed case management plan and order must be submitted to Judge McNicholas’ office by Plaintiff/Plaintiff’s counsel within forty-five (45) days after the stay or moratorium ends or within thirty (30) days after service of the complaint or the last of all defendants (whichever date is later). The case management plan and order must be submitted to the Court for review and approval. DO NOT E-FILE the case management plan and order prior to submitting it to the Court. The case management plan and signed order will be entered by the Court and delivered to the parties via the e-portal. A Notice of Non-Compliance shall be e-filed and submitted to the Court if the parties are unable to comply with the case management plan and order procedures or an Order Requiring Submission of Mandatory Case Management Plan. The notice shall include the reasons the parties are unable to comply. The notice shall be filed in the court file and submitted to the Court for review.
Table of Contents A. Communications with the Judicial Office ................................................................................ 1 B. Scheduling Procedures ............................................................................................................. 2 C. Remote Appearance ................................................................................................................. 5 D. Submission of Orders and Judgments ...................................................................................... 6 E. Courtesy Copies of Case Law and Other Documents ............................................................... 6 F. Emergency and Other Urgent Matters ..................................................................................... 6 G. Exhibits for Evidentiary Proceedings ........................................................................
Reviewer note: Document sha256: 089d54278e97b967a305f13e40e9eef0e3e64e61765a3ee84acf104e64df39a3. One rule per order rather than per topic, so an order's requirements stay together. Published during the completeness pass.
1 verbatim requirement published by Palm Beach magistrate 01 on hearing time & argument limits.
1 verbatim requirement published by Palm Beach magistrate 02 on hearing time & argument limits.
1 verbatim requirement published by Palm Beach magistrate 03 on hearing time & argument limits.