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21 verbatim requirements extracted from media-15136__CIVIL-PROBATE-GUARDIANSHIP-PROCEDURES-BAUER-2026.pdf, across 2 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 • JUDGE SHERWOOD BAUER CIVIL/PROBATE/GUARDIANSHIP COURT PROCEDURES 1. Scheduling of all hearings – UMC/Special Set 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 contacting 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 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 within 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. CANCELLATION OF A HEARING: 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. 2. Motions to Compel / Motions to Dismiss: 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 5 th 1989) 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 dismiss 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. • 3. 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 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. 4. Notice for Trial: When your case is ready for trial, please provide the judge’s office with a Notice for Trial (with the anticipated full length of time necessary for the trial) and then your case will be scheduled on the next available Docket Call / Case Management date. 5. Continuances: 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. 6. Zoom Attendance at Court Hearings: Zoom attendance at Court Hearings may or may not be permitted by first requesting via motion / obtaining permission at least 120 hours before the hearing, 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. These matters are frequently based on personal relationships which can often only be resolved with actual fac e to face contact and an actual commitment to the resolution of the matter. 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. • Any 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. • 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. 8. “Emergency” Motions: 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 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. 9. Legal Advice: 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 10. E-Mail: You 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. 11. WITNESSES / EXHIBITS FOR MOTION HEARINGS: 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 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. 12. WITNESS LIST / EXHIBITS FOR TRIAL: Please follow the requirements of the pre-trial order. • 13. NOTICE TO PERSONS WITHOUT LAWYERS: 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 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. 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. 14. GUARDIANSHIP DIVISION PROCEDURES • 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. • Pursuant 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: • Submit checklists, petitions/motions, proposed order (in word format) and hearing packets the following via e-mail: GuardianshipMC@circuit19.org. • All 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. • All 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. • 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. • The Court will schedule certain cases for a formal Case Management Conference (“CMC”) and issue an order setting forth the matters to be covered at the conference. However, a request can be made by any party to set a CMC by simply filing a written motion. A copy of the motion to set CMC shall be sent to the Judge’s Judicial Assistant via email with a proposed order in Word format. Further, the Parties will be ordered to coordinate and set a fifteen (15) minute CMC on the Court's Civil Special Set Hearing docket within the month agreed to in the current Agreed Case Management Plan, or by a date otherwise designated by the Court. A written motion is not required if the Parties have been ordered to set the CMC. Parties shall file and submit to the Court via email a Notice of Hearing within five (5) days of setting the CMC. The court may schedule the case for trial at the case management conference if the court deems appropriate. Case Management Conferences will be in person and will include all parties and principals thereof unless specifically released by the Court. • 19. SETTING OF TRIALS: The Parties will be ordered to coordinate and set a CMC on the Court's Civil Special Set Hearing docket within the month agreed to in the current Agreed Case Management Plan, or by a date otherwise designated by the Court. A written motion is not required if the Parties have been ordered to set the CMC. Parties shall • file and submit to the Court via email a Notice of Hearing for the coordinated CMC date. The Court will issue an Order Setting Non-Jury Trial from the CMC. The parties are expected to be ready for trial by the projected trial date listed in the Agreed Case Management Plan unless extensions have been granted by Order of the Court. PROPOSED ORDERS • MOTION 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 • 1. Completed checklist 2. Proposed Order(s) in word format; and 3. A description of the documents being provided, as well as the action you wish to be taken. • 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 for 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 submitt ing 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 r easons the parties are unable to comply. The notice shall be filed in the court file and submitted to the Court for review.
JUDGE SHERWOOD BAUER CIVIL/PROBATE/GUARDIANSHIP COURT PROCEDURES 1. Scheduling of all hearings – UMC/Special Set 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 contacting 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
Reviewer note: Document sha256: 5238a0010f074701d93961563c96a1727008ad9cbdb672b1112654e4d3484f2c. 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.