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33 verbatim requirements extracted from media-15768__2026-Courtroom-Guidelines-and-Procedures-Domestic-Relations-Judge-McNicholas.pdf, across 4 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.
HEARING TIME & ARGUMENT LIMITS • TABLE OF CONTENTS TABLE OF CONTENTS .................................................................................................................................... 2 COMMUNICATIONS WITH JUDGE’S OFFICE ............................................................................................ 3 PAPERLESS OFFICE ........................................................................................................................................ 3 ORDER PREPARATION & SUBMISSION ..................................................................................................... 4 COURT REPORTERS ........................................................................................................................................ 4 SETTLEMENT OF CASES ............................................................................................................................... 4 HEARING SCHEDULING ................................................................................................................................ 5 HEARING CANCELLATION AND RESETTING HEARINGS ..................................................................... 6 COOPERATION OF COUNSEL ....................................................................................................................... 6 DISCOVERY MOTIONS/MOTIONS TO COMPEL ........................................................................................ 6 MOTIONS FOR REHEARING, RECONSIDERATION OR NEW TRIAL ..................................................... 7 WITHDRAW OR SUBSTITUTION OF COUNSEL ........................................................................................ 7 MOTION TO CONTINUE ................................................................................................................................. 7 MOTION TO DISMISS/MOTION FOR MORE DEFINITE STATEMENT : ................................................. 7 CASE MANAGEMENT CONFERENCE:. ....................................................................................................... 8 TEMPORARY RELIEF MOTIONS, EMERGENCY MOTIONS, AND OTHER EVIDENTIARY MOTIONS ........................................................................................................................................................... 8 ZOOM ................................................................................................................................................................ 9 WITNESS LISTS/EXHIBITS ........................................................................................................................... 9 ARTIFICIAL INTELLIGENCE ………………… ……… ……………… … .………… ……… …………………….10 INFORMATION NOT COVERED ................................................................................................................. 10 • COMMUNICATIONS WITH JUDGE’S OFFICE: Please do not ask the Judicial Assistant or other Court personnel to communicate any message to the Judge. This is prohibited ex-parte communication. The Court’s staff is not permitted to relay ex-parte information to the Judge. This office can best respond to all communications via e-mail to: MortL@circuit19.org as emails will receive the quickest attention. E-mails must contain the case name, case number, subject matter and relevant date(s). Please ensure that all e-mails are also copied to all opposing counsel and/or pro se parties and indicate same in the body of your e -mail to prevent ex- parte communication to the Court. Email sent to this office must contain the following in the subject line: - Case Style Name (Jackson v. Jackson) - Case Number (short case number is acceptable, example: 25DR1234 or 25-1234 DR) - Purpose of the Email in the Subject line (Proposed Order, Notice of Cancellation of Hearing, Request for Hearing more than one hour, etc.) • If you are requesting an Emergency Hearing, you MUST indicate in the subject line “Request for EMERGENCY Hearing”—the labeling of non- emergency matters as “emergency” will be sanctioned. • The body of the email must contain a brief description of the purpose of the email. If a hearing date and time over one (1) hour is requested, then you must include a good faith estimate of time needed for the time for the entire hearing (after consultation with opposing counsel/party) and an explanation as to why more than (1) hour is needed. • *Do not include the Judicial Assistant on emails between attorneys. Failure to abide will result in the Court setting an in-person hearing on it’s own motion to discuss why the attorneys should not be sanctioned. • 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 Judge McNicholas 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. If you are self-represented and wish to inquire about your case status or are looking to schedule a hearing, you may complete a Form A or B (as applicable) at www.circuit19.org under Family Court Information and Resources. If you have a working/viable email address that you wish to use for eservice, please fill out a form and file it with the Clerk of Court. You will then be served with copies via your eservice address. PAPERLESS OFFICE: This office is paperless. Therefore, all correspondence, motions, hearing materials, etc. should be sent by EMAIL in PDF format to the Judicial Assistant at MortL@circuit19.org . Although discouraged, if you lack the ability to transmit documents by email, you may deliver or mail hard copy documents. Hearing materials should be provided to the Court at least five (5) business days before the hearing. Lengthy materials submitted in the form of tabbed PDF electronic binders are greatly appreciated. Highlighting pertinent sections and brevity is appreciated. Alternatively, lengthy submissions may be mailed or delivered to the Judicial • Assistant on a flash drive. Please do not mail binders or hard copies of hearing materials. An electronic copy of the submission, including any flash drive, must be simultaneously provided to all other parties. Case law and memorandum provided to the Court during the hearing may not be considered. • ORDER PREPARATION & SUBMISSION: Proposed orders must be submitted in Microsoft Word format. Proposed order’s title must describe the subject and ruling of the Court, i.e. “Order Granting Husband’s Motion for Contempt”, and shall contain the name and e- mail service address for all parties. See, Fla.R.Civ.P., Rule 1.100(c)(1). If any party does not have an e-mail service address, that party’s physical service address shall be contained in the proposed order and it must be noted that the moving party shall serve each party who does not have an email address and file a certificate of such service. It is preferable that you send your proposed orders by email in advance of the hearing date to the Court’s Judicial Assistant. If the matter involves adoption of a Settlement or Mediation Agreement which is to be incorporated and made part of the Final Judgment or Order, please be sure to submit a copy with the proposed order/judgment. • If counsel is asked to prepare an order, the order shall be drafted and circulated within 2 business days of the hearing, and submitted to the Court via e-mail to the Judicial Assistant, with a transmittal letter confirmation to all counsel and pro se parties within 7 business days of the hearing, advising the Court in writing of any objection to the form of the proposed order. The Court will not execute proposed orders, agreed orders, or stipulations without transmittal confirmation to all counsel of rec ord and pro se parties . The transmittal letter shall be authored by counsel of record versus an office paralegal or other staff. All proposed orders shall have the following language under the service list: • COURT REPORTERS: Fla. R. Jud. Admin. 2.535(b) requires that the party requesting a court reporter must arrange for and pay the reporting fees for any hearing or trial. This requirement shall not preclude taxation of costs as authorized by law. SETTLEMENT OF CASES : If your case settles , immediately notify the Judicial Assistant via e- mail, with transmittal confirmation to all parties , ATTACHING AN ALREADY E -FILED NOTICE OF SETTLEMENT, DISMISSAL DOCUMENTS AND FINAL DISPOSITION FORM. • HEARING SCHEDULING: All motions must be e -filed PRIOR to setting a hearing, however, the mere filing of a motion is insufficient to set a motion for hearing. The motion must be set for hearing to bring the matter to the Court’s attention. Provide the Judge’s office with the notice of hearing and hearing packet via e- mail only. Uniform Motion Calendar (5- 10 minute , non-evidentiary hearings) : UMC hearings must be scheduled online by counsel https://slccjis.stlucieco.gov/attorney_calendar . All UMC hearings must be noticed for 9:00 a.m. Please refer to Judge McNicholas’ on-line calendar to confirm and schedule available dates. Parties will be restricted to the time allotted for the hearing. Attorneys who repeatedly abuse online scheduling requirements may be denied further privileges of self-scheduling. • Hearings on UMC are limited to ten (10) minutes per case (not per motion). Additional motions may not be “piggy-backed” by cross-notice unless counsel first confirms with opposing parties and the online calendar, that sufficient additional time is available and can be reserved for same. UMC is heard on a “first come, first serve” basis. After proper notice, failure of any party to appear at the hearing shall not prevent a party from proceeding with the matter when the case is called. If the party noticing the matter for hearing chooses to wait for the absent party, the matter may be passed over until the end of the calendar. If UMC time expires, any remaining hearings will need to be rescheduled. All notices of hearing shall contain a certification signed by the scheduling attorney in substantially the following form: I HEREBY CERTIFY that I have personally contacted opposing counsel in an effort to resolve the issue(s), however, the matter cannot be resolved and a hearing is necessary. • The types of motions suitable for hearing on the Uniform Motion Calendar include simple motions. Please do not set a non-qualifying motion on UMC simply because special set hearing time is not available immediately. Special Set Hearings: Any Special Set hearings must be scheduled by contacting the Judicial Assistant via e-mail MortL@circuit19.org and include a copy of the filed motion and the amount of time requested for the hearing. Zoom appearance at evidentiary hearings and hearings scheduled for more than 30 minutes will be by court approval only. To obtain court approval, please submit a copy of the filed motion along with a proposed order in Word format to MortL@circuit19.org. The motion must contain the purpose of the hearing and reason requiring appearance by Zoom. Only parties that are testifying need permission to appear via Zoom. Parties must appear in person unless they are specifically authorized to appear via Zoom. All notices of hearing shall contain a certificate signed by the scheduling attorney in substantially the following form: I HEREBY CERTIFY that I have personally contacted opposing counsel in an effort to resolve the issue(s), however, the matter cannot be resolved and a hearing is necessary. • SCHEDULING HEARINGS OF MORE THAN 1 -HOUR: Please note any hearings that require more than one hour must be requested in writing with an explanation as to why more than one hour is needed and that attempts to resolve the issue have failed. Please contact the Judicial Assistant by email at MortL@Circuit19.org with your request for hearing and indicate whether opposing counsel agrees with the estimated time requested for hearing. A copy of the filed motion/petition MUST be attached. • HEARING CANCELLATION AND RESETTING HEARINGS: If a hearing on a motion is specially set for more than 15 minutes and is cancelled without resolving the motion, no subsequent hearing shall be scheduled for the same motion except under court order. To reset a hearing, the movant shall confer with opposing counsel and the court to obtain a mutually convenient date. The movant shall submit a proposed order which states the hearing date, time and length of time reserved and provides that no party may cancel the hearing without court approval and that the court may rule on the motion at the scheduled time without the appearance of counsel, or order sanctions for failure to appear. The proposed order shall have the email addresses for all counsel and for pro se par ties if available. Cancellation of any hearing must be done : (1) through the online Court scheduling calendar (for UMC): and (2) by e-filing a Notice of Cancellation of Hearing in advance of the hearing date; and (3) sending a courtesy copy of your Notice of Cancellation of Hearing to the Judicial Assistant via email, once you have e-filed same. COOPERATION OF COUNSEL: Hearings must be cleared with opposing counsel and/or pro se parties. Good faith cooperation is expected from counsel, their support staff, and pro se litigants . Should counsel, their staff, or pro se litigants fail to respond within 3 business days, or refuse to cooperate in obtaining or in setting a hearing, the difficulty should be set forth either in the motion or in the notice of hearing. After 3 days, the requesting party may unilaterally set a hearing. Notice of the hearing must be provided at least five (5) business days prior to the hearing. All motions must comply with the Florida Rules of Civil Procedure, including, but not limited to, a certification that the movant, in good faith, has conferred or attempted to confer with the person or party failing to make discovery in an effort to secure the information without Court action. See, Fla.R.Civ.P., Rule 1.380(a)(2). All notices of hearing shall contain a certification signed by the scheduling attorney in substantially the following form: I HEREBY CERTIFY that I have personally contacted opposing counsel in an effort to resolve the issue(s), however, the matter cannot be resolved and a hearing is necessary. • Please note that certifications containing language to the effect that an effort will be made to resolve the issue in the future is NOT sufficient. Failure to comply with this requirement may result in cancellation of the hearing by the Court. If it is determined that the certification is not true, other sanctions may be imposed, including a referral to the Florida Bar or local professionalism panel. • MOTIONS FOR EXTENSION OF TIME: When a motion for extension of time is filed, and there is no opposition for the extension, an order may be entered without a hearing. The movant shall submit the proposed order in Word format and include a cover letter that certifies that opposing counsel or unrepresented party has been contacted and agreed to the order or waived a hearing thereon. DISCOVERY MOTIONS/MOTIONS TO COMPEL: If a motion to compel discovery sets forth a complete failure to respond or object to discovery, the time for complying with the discovery request has lapsed, and there has been no request for an extension of time, an ex parte order may be entered requiring compliance with the original discovery demand within ten (10) days of the signing of the order. The motion must include a certification that the movant has conferred or attempted to confer with the attorney or person failing to make discovery in good faith so as to obtain the • MOTIONS FOR REHEARING, RECONSIDERATION OR NEW TRIAL: Upon the filing of such motion, the moving party shall send a copy to the Court for review via e-mail MortL@circuit19.org . 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. Please do not set a Motion for Rehearing or Motion for Reconsideration for hearing without first receiving permission from the Court. All proposed orders and motions MUST contain proper address certification—i.e. the FULL address or email address where the motion was served (or order will be served.) “I certify that a copy of the foregoing was emailed to all parties through the e-service portal” is NOT sufficient. Likewise, listing a party on the order “cc:” without listing the address is insufficient. The order will reflect that counsel will be required to mail copies of any orders that require US mail. • WITHDRAW OR SUBSTITUTION OF COUNSEL: Compliance with Fla. R. Jud. Admin. 2.505 is required. Written client consent must be filed, or a hearing must be held after proper notice to the client. • MOTION TO DISMISS/MOTION FOR MORE DEFINITE STATEMENT : All Motions to Dismiss filed pursuant to Fla.R.Civ.Pro.1.140 (b) and Motions for More Definite Statement filed pursuant to Fla.R.Civ.Pro.1.140 (e), will initially be considered without hearing. Motions to Dismiss must strictly comply with the requirements of the Rule in that the grounds and the applicable substantial matters of law shall be stated specifically and with particularity. Motions for More Definite Statement must strictly comply with the requirements of the Rule in that the motion must point out the defects complained of and the details desired. • Any party may furnish to the Court via email: the motion to dismiss; a proposed completed order; and transmittal confirmation to all counsel of record and pro se parties. The copy shall be accompanied by a proposed completed order in Word format. The motion will be held for ten (10) days to give the opposing side the opportunity to reply. If it is determined that a hearing is necessary, the movant will be advised to schedule a hearing and file the appropriate notice. If a hearing is not required, an appropriate order will be entered. No case dispositive ruling will be made without a hearing. • CASE MANAGEMENT CONFERENCE: In order to obtain a Final Hearing/Trial date on a contested Petition, the parties must attend a case management conference. Pursuant to Rule 12.200, Fla. Fam. L.R.P. or Rule 1.200, R.Civ.P., either upon the court’s own motion, or upon receipt of a Notice for Trial or Motion for Case Management Conference (CMC), a case management conference will be ordered by the court. ALL PARTIES, COUNSEL TRYING THE CASE AND THE IR CLIENTS, MUST BE PRESENT IN PERSON AT CASE MANAGEMENT CONFERENCES, UNLESS OTHERWISE EXCUSED BY THE COURT. CLIENTS’ PRESENCE IS NOT REQUIRED AT DOCKET CALL, IF THE ATTORNEY HAS THEIR CLIENT’S CALENDAR AND HAS PHONE ACCESS TO THE CLIENT AT THE TIME OF THE DOCKET CALL. The CMC order will require completion of the pre -trial statement. The petitioner (movant) shall write a letter to the court with a copy to the opposing party advising the court that the parties have filed their joint pre -trial statement and attach a copy of the filed joint pre -trial statement to the letter. The court will then review the pre - trial statement of the parties, to be sure that it complies with the requirements of the CMC order. If the Court is satisfied that the pre-trial statement is complete, and it otherwise appears that the parties are in compliance with the order, the Court will then order the case scheduled for the next docket call. If the court is not satisfied with the pre-trial statement, it will so communicate to the parties and require amendments. If a party submits a notice that the other party has refused to comply with the CMC order, the court will issue an order to show case as to why sanctions should not be imposed on the delinquent party. • TEMPORARY RELIEF MOTIONS, EMERGENCY MOTIONS, AND OTHER EVIDENTIARY MOTIONS: If an emergency situation arises, counsel may request that a hearing be set on short notice. The body of the motion must contain a detailed explanation of the circumstances constituting the emergency as well as the substance of the motion. The motion must be e- mailed to the Court at MortL@circuit19.org, along with a transmittal confirmation from counsel, before a hearing will be set. The Court will review the motion and, if it is determined an emergency exists, the Judicial Assistant will contact counsel to set the hearing. For procedures regarding temporary relief motions, emergency motions, and other evidentiary motions, please review Administrative Order 2015-12 Unified Family Court. The basic procedures are: a. Counsel must personally speak with opposing counsel first b. Mediation is required before a lengthy hearing whenever possible c. Movant must provide a copy of the motion to the court and opposing counsel/party d. The court will review and may set a hearing e. Moving Party shall provide the notice of hearing f. Motions to modify post-judgment parenting and child support will be referred to the magistrate unless it is a true emergency. TEMPORARY RELIEF HEARINGS: Pursuant to Administrative Order, parties must attend mediation before a Temporary Relief Hearing may be set. If you schedule a Temporary Relief Hearing without first having been to mediation your motion will not be heard and your hearing will be stricken. • NOTE: An emergency motion must recite sufficient facts to show a true emergency “…where, for example, a child is threatened with physical harm or is about to be improperly removed from the state” Gielchinsky v Gielchinsky, 662 So. 2d 732 (Fla. 4th DCA, 1995). An ex-parte motion and order require the same things as a temporary injunction. Rule 1.610; Smith v Crider, 932 So. 2d 393 (Fla 4th DCA, 2006). A full hearing after notice must be given ASAP. A post-judgment motion for temporary change of custody requires proof of change in the circumstances, and that the best interest of the child requires immediate relief. Kendall v Kendall, 832 So. 2d 878 (Fla. 4th DCA, 2002); Bon v Rivera, 10 So. 3d 193 (Fla 4th DCA, 2009). In light of the short setting, opposing counsel may attend the hearing via Zoom telephonic appearance if their schedule will not allow them to appear in person. • UMC and Non-evidentiary Hearings set for 30 minutes or less may be attended via Zoom. Case Management Conferences will be in person and will include all parties. To appear via Zoom parties must notify the Judicial Assistant via email to: MortL@circuit19.org at least 3 days prior to the hearing. • Parties may appear via the Court’s Zoom conference at the designated time and shall ensure prior to the hearing of sufficient band width and electronic devices are working appropriately to prevent delay. Failure to comply with this paragraph may result in the Court requiring personal appearance at all further hearings. • You will remain in the Zoom “waiting room,” until your case is called and the Court allows entry. You must appear via video (not just calling in via phone) to provide testimony. Instructions for using ZOOM are located on the Nineteenth Circuit’s Zoom page. It is not necessary to have a Zoom account to participate in a remote hearing. However, you may be prompted to download the software once you have clicked on the meeting link. Additionally, if using smartphone, you may be prompted to download the Mobile App. This is not necessary. However, you may wish to create an account. Additional information about Zoom is available at www.Zoom.US. • At the designated hearing time, you will appear through Zoom teleconferencing (without charge) via video by clicking https://zoom.us/j/3895744716 Meeting ID: 389 574 4716. WITNESS LIST/EXHIBITS: • If you have exhibits or witnesses for a hearing, a copy of the exhibit list and/or witness list must be filed with the clerk and provided to the court at least 5 days prior to the hearing. Please email a copy of the exhibit list to the evidence clerk evidence@martinclerk.com For all inquiries regarding pre-marking and templates for exhibits please email the evidence clerk at evidence@martinclerk.com. • INFORMATION NOT COVERED: If any matters concerning the conduct of the pre-trial or trial procedures are not covered herein, counsel is free to contact the Court, in writing via e-mail at MortL@circuit19.org A status hearing can be set at which time the Court will attempt to answer any inquiries. The Court appreciates counsels’ efforts to understand and comply with this Court’s procedures PROPOSED ORDERS • information without court action. Upon the filing of such motion, the moving party shall send the motion, proposed order and transmittal confirmation to the Court via e-mail. See, Fla.R.Civ.P. 12.380(a)(2). CONTINUANCES • MOTION TO CONTINUE: Any motion to continue must comply with Florida Rule of Civil Procedure 1.460, including requirement of signature by the party requesting continuance. Simply filing a motion to continue will not suffice to continue the case. Your case will not necessarily be continued be cause both parties agree. EXHIBITS & EVIDENCE • Parties should bring a minimum of four (4) copies of all exhibits with them to trial (original to clerk, copy for each party, copy for the witness, and copy for Court). Exhibits shall be organized in a binder. Once exhibits are marked, either for identification or in evidence, they become the property of the Clerk of Court and may not be altered or removed from the courtroom without order of the Court. Objections to exhibits not preserved in the pre-trial stipulation shall be deemed waived.
TABLE OF CONTENTS TABLE OF CONTENTS .................................................................................................................................... 2 COMMUNICATIONS WITH JUDGE’S OFFICE ............................................................................................ 3 PAPERLESS OFFICE ........................................................................................................................................ 3 ORDER PREPARATION & SUBMISSION ..................................................................................................... 4 COURT REPORTERS ........................................................................................................................................ 4 SETTLEMENT OF CASES ............................................................................................................................... 4 HEA
Reviewer note: Document sha256: 193197588f2697f083d6f678e183602a3457676b6125b77aeb99d604fd679afa. One rule per order rather than per topic, so an order's requirements stay together. Published during the completeness pass. | Title normalised 2026-07-26 for readability; the court's own asset name was "19th Cir. — media-15768__2026-Courtroom-Guidelines-and-Procedures-Domestic-Relations-Judge-McNicholas.pdf: published requirements". Only the display title changed — the requirement text, source URL and hash are untouched. Text layer cleaned 2026-09-08 (Phase 3g): 5 kerning-split words rejoined; wording untouched. Slug completed 2026-09-09 (fix program 2026-09-09, Phase 5, audit M7): was fl19-ao-media-15768-2026-courtroom-guidelines-and-procedures-domestic-relations- (truncated with a trailing hyphen). Verbatim from the order, captured 2026-07-24; whitespace normalised only. No OCR was used anywhere in this chain. [moved from the text 2026-09-14]
4 verbatim requirements on hearings.
2 verbatim requirements on hearing time in LAUREN N. PEFFER's division.