Loading…
31 verbatim requirements extracted from media-18042__Roby-Courtroom-Guidelines-and-Procedures-Civil-Jury.pdf, across 6 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: 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: MCJudge3@circuit19.org. The subject line must contain the case number, case name, and relevant matter (e.g., 2024 CA 001234 SC – Doe v. Doe - 2-Hour Hearing Requested.)”] 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. • • PAPERLESS OFFICE AND SUBMISSION OF HEARING MATERIALS: This office is paperless. All correspondence, motions, hearing materials, etc. should be sent by EMAIL in PDF format to the Judicial Assistant at MCJudge3@circuit19.org. Special set hearing materials, including memos of law, responses and case law, must be provided to the Court at least ten (10) business days before the hearing 1. Hearing materials must be provided to the Court at least five (5) business days before the hearing. Lengthy submissions (more than 10 pages) may be mailed or delivered to Judge Roby’s office 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. • 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. • Uniform Motion Calendar (5-10 minute, non-evidentiary hearings) and Special Set Hearings (1 hour or less) must be scheduled online by counsel. All UMC hearings must be noticed for 9 a.m. Please refer to Judge Roby’s on- line calendar to confirm and schedule available dates. Parties will be restricted to the time allotted for the hearing. Attorneys who repeatedly abuse the online scheduling requirements may be denied further privileges of self-scheduling. Any hearings requiring more than 1 hour must be scheduled by contacting the Judicial Assistant via e-mail, with the attached copy of the Motion already e-filed with the Clerk, and a statement explaining exactly why more than 1 hour is needed. • Hearings on UMC are limited to five (5) minutes per case (not per motion). • 1 Counsel/Parties are to set hearings accordingly to meet this deadline regarding submissions. • 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. PROPOSED ORDERS FOR ALL UMC HEARINGS MUST BE ELECTRONICALLY SENT TO THE COURT’S JA PRIOR TO THE UMC HEARING (IN WORD FORMAT). If a proposed order is not sent prior to the day of the UMC hearing, the hearing will be cancelled by the court and must be rescheduled by counsel or pro se party. • Contested motions for summary judgment, evidentiary motions and complex, highly contested motions will not be heard at UMC. The types of motions suitable for hearing on the Uniform Motion Calendar include simple motions, such as motions to strike affirmative defenses, amend pleadings, short discovery motions typically uncontested, etc. UMC is available to pursue a summary final judgment for liquidated damages, after a default based upon a proper motion with supporting documentation, unless a party appears to contest it. In that instance, the parties must reset on the on-line “special set” calendar. Please do not set a non-qualifying motion on UMC simply because special set hearing time is not available immediately. • • HEARING CANCELLATION: Cancellation of any hearing must be done: (1) through the online Court scheduling calendar: 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 business 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 Procedure1.202 regarding conferral of counsel prior to filing the motion. Also, all notices of hearing must contain a certification that the movant, in good faith, has personally conferred or attempted to personally 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 at minimum contain a certification signed by the scheduling attorney in substantially the following form: • I HEREBY CERTIFY that I have personally contacted opposing counsel (list method of communication and date) in an effort to resolve the issue(s), however, the matter cannot be resolved and a hearing is necessary. • Email communication alone is not sufficient; meaningful, personal conversation must take place. 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 will 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. • 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. • Zoom appearances are permitted for UMC hearings. Zoom appearances are also permitted for motions for summary judgment, any non- evidentiary special set hearings, and case management conferences. All evidentiary hearings and trials will be conducted in person, in the courtroom, as the court cannot efficiently or effectively conduct such proceedings remotely. Persons electing to make a Zoom appearance must notify all parties in writing no less than three (3) business days prior to the scheduled hearing date. • • MOTION TO DISMISS and/or 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 a 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 • Any party may furnish to the Court via email: the motion to dismiss; a proposed completed order; and transmittal letter to all counsel of record and pro se parties. The copy shall be accompanied by a proposed completed order. 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. • • MOTIONS FOR PROTECTIVE ORDERS: The filing of a motion for protective order, without presenting it to the Court, is insufficient. The party filing such order must email the motion to the Judicial Assistant, and set same for hearing. • • 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. 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. • or a hearing must be held after proper notice to the client. • Proposed orders must be submitted via email in Microsoft Word format to MCJudge3@circuit19.org. Proposed order’s title must describe the subject and ruling of the Court, i.e. “Order Granting Plaintiff’s Motion for Partial Summary Judgment on Liability”, 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. For special set hearings, it is preferred that you send your proposed orders by email in advance of the hearing date to the Court’s Judicial Assistant. 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 record 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: • • Requirements: 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 MCJudge3@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. In light of the short setting, opposing counsel may attend the hearing via Zoom appearance if their schedule will not allow them to appear in person. PROPOSED ORDERS • • EX PARTE 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 (attorney versus staff if the movant is represented) has personally and directly conferred or attempted to confer with the attorney or person failing to make discovery in good faith so as to obtain the information without court action. The motion must also set forth the specific efforts made to personally and directly communicate with opposing counsel and the dates involved. Upon the filing of such motion, the moving party shall send the motion, proposed order and transmittal confirmation to the Court via e-mail. • G. Pretrial Procedures • COMPLIANCE WITH AO 2024-15 MANDATORY/ CIVIL CASE MANAGEMENT: Please see Administrative Order 2024-15; 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. A fillable case management order is available on Judge Roby’s web page. The complete case management plan and order must be submitted to Judge Roby by Plaintiff/Plaintiff’s counsel for final approval no later than one hundred (100) days after commencement of the action as provided in Rule 1.050. For actions commenced before 1/1/2025, and which the court has not issued a case management order by that date, a case management order must be issued by 4/4/2025. 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 Roby by Plaintiff/Plaintiff’s counsel within forty-five (45) days after the stay or moratorium ends. • H. Case Management and Trial Orders All cases must submit a Proposed Agreed Case Management Plan and Order, available in SmartFill format on this Court’s webpage, within 100 days after commencement of the case. Deadlines are established and strictly enforced pursuant to such Order. After all attorneys sign the ACMPO, it must be emailed to the Court, which will sign and E-File the Order. Please do not E- File ACMPO without a signature from the Court. Failure to submit the ACMPO shall result in the Court issuing its ORDER REQUIRING FILING OF MANDATORY CASE MANAGEMENT PLAN; failure to comply with said order will result in sanctions which can include your case being administratively closed by the Clerk of Court without further notice and without further court order. The court has updated and revised the required Agreed Case Management Plan and Order. The new plan and order with e-docket form are on Judge Roby’s webpage at https://www.circuit19.org/judges/william-roby. All counsel and parties MUST complete the Court’s newly adopted Case • The Monthly Trial Schedule is posted on this Court’s webpage located online at www.circuit19.org . We will endeavor to have the Trial Schedule posted by noon on the day of the designated Docket Call date. *It will be the responsibility of counsel and pro se litigants to keep track of their position on the trial docket and to monitor whether the cases set ahead of your case are settled or continued. As of 12:00 p.m. on the Friday preceding your trial, the number one case is required to personally appear in the courtroom at 9:30 a.m. on the first day of trial ready to proceed. As to all backup cases, each case will be “on-call” to appear during the trial period unless specifically and directly released by the court. Counsel are encouraged to stay in touch with the case(s) set for trial before them so as not to be surprised when called to appear for trial if the case(s) settle on the eve of trial. The procedures, requirements and time limits imposed by this Case Management Plan Order are not to be deemed modified, affected, extended or changed in any manner unless by order of the court for good cause shown, even if the case is continued. If an order extending the life of trial subpoenas is needed, a proposed order should be submitted to the court. CASE MANAGEMENT • Management Plan immediately even if a prior case management plan has been filed and approved. Cases will automatically be set for trial during the e-docket month designated on the submitted and approved Case Management Plan and after considering the properly submitted E-Docket Call Form. • All other trial specific information is found on your Agreed Case Management Plan and Order or your Trial Order. REMOTE & VIRTUAL APPEARANCES • A. Communications with the Judicial Office ................................................................................ 1 B. Scheduling Procedures .................................................................................................................. 2 C. Remote Appearance ........................................................................................................................ 4 D. Motions ............................................................................................................................................... 4 E. Submission of Orders and Judgements .................................................................................. 6 F. Emergency and Other Urgent Matters ...................................................................................... 6 G. Pretrial Procedures ......................................................................................................................... 7 H. Case Management and Trial Orders ......................................................................................... 7 I. Artificial Intelligence (AI) ................................................................................................................. 9 FILING & INITIATION • communication. The Court’s staff is not permitted to relay ex-parte information to the Judge. All communication with the Court shall be in open court with all parties present, in writing or by email copied to opposing counsel/party, and/or filed with the Clerk of Court. No party or attorney shall otherwise communicate directly with the Court. All emails must include all parties, the style of the case, and the case number or they will be disregarded. 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 because both parties agree.
A. Communications with the Judicial Office ................................................................................ 1 B. Scheduling Procedures .................................................................................................................. 2 C. Remote Appearance ........................................................................................................................ 4 D. Motions ............................................................................................................................................... 4 E. Submission of Orders and Judgements .................................................................................. 6 F. Emergency and Other Urgent Matters ...................................................................................... 6 G. Pretrial Procedures .........................................................
Reviewer note: Document sha256: bf22bb444b594c0f25b85e9b820b9e975525f36321b2f3654e9de2779ee397d7. 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.