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181 verbatim requirements extracted from media-19131__2026-DR-Judicial-Practices-and-Procedures-1.pdf, across 5 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.
• If you do not have an attorney: The Judge must apply the same rules to all parties, regardless of whether you have an attorney. • The Judge will not speak with you about your case outside of the courtroom. • Your opportunity to speak with the Judge is only during your scheduled hearing. • Please remember anything you file with the Clerk must be provided to the opposing attorney or party. • Pro se/Self-represented parties: Petitioners and/or Respondents without an attorney are Pro se. • If both parties are Pro se/self-represented, the case will be referred to a Pro se Case Manager. • If your case is Pro se and you wish to inquire about your case status or are looking to schedule a hearing, you may complete a Form A or Form B (as applicable). • Carefully review the instructions prior to submitting the applicable form. • Please make sure you select the county your case is filed in and that the form is filled out completely. • Your assigned case manager will receive the Form A or Form B and will contact you via email at the earliest possible opportunity. • If the other party is represented by an attorney, you must submit your inquiries via email to IRCjudge4@circuit19.org and include opposing counsel in your communication. • Scheduling Hearings: All motions/petitions must be filed with the Clerk of Court before you contact this office for hearing time or set the motion for hearing on the online calendaring system. • Good faith cooperation is expected and required from counsel, their support staff, and pro se litigants. • Should counsel, their staff, or pro se litigants fail to respond within three (3) business days or refuse to cooperate in obtaining or in setting a hearing, the difficulty should be set forth in the Notice of Hearing. • Notice of the hearing must be provided at least five (5) business days prior to the hearing. • The Clerk will provide the filed petition to the Court, and the Court will issue an appropriate order and set the date for the hearing. • If you have filed a motion in an injunction case, you must submit the motion via email to IRCJudge4@circuit19.org, and the Court shall set the motion for hearing on the next available “DV docket”. • These hearings may not be cancelled or continued without a court order. • All Injunction for Protection/Domestic Violence hearings are conducted in-person. • Prior to setting a matter on the UMC, the party or attorney noticing the motion shall attempt to resolve the matter and shall, in the Notice of Hearing, certify what attempts have been made to resolve the issue without the need for a hearing and the outcome of those attempts. • Hearings on the UMC are limited to five (5) to ten (10) minutes per case (not per motion) and only non-evidentiary motions will be heard on the UMC. • Prior to setting a matter for a hearing, the party or attorney noticing the motion shall attempt to resolve the matter and shall, in the Notice of Hearing, certify what attempts have been made to resolve the issue without the need for hearing. • All motions hearings may be scheduled on the Family Hearings motion docket. • DO NOT schedule motions on the Family Final Hearings docket. • Your email must include: a copy of the filed motion/petition, the amount of time requested for all parties to be heard, and that attempts to resolve the issue have failed. • Prior to the scheduling of a final hearing, the moving party shall first complete and file the Verified Checklist for the specific case type located on the judge’s webpage. • For reference, please review Required Documents for Final Hearings also located on the Judge’s webpage. • Failure to complete the verified checklist and ensure all required documents are filed will result in your final hearing being stricken from the Court’s docket by order without further notice or warning. • Uncontested final hearings on a petition for dissolution of marriage require a final hearing and will be limited to five (5) to ten (10) minutes. • This office does not accept affidavits and waivers of final judgment hearing. • Uncontested adoptions, name changes, petitions for support, petitions for legal custody, and paternity actions that require fifteen (15) minutes or less may be scheduled on the Family Final Hearings docket. • If more than fifteen (15) minutes is needed, you must schedule on the Family Hearings/Motions docket. • It is preferred that uncontested final hearings be scheduled on the Family Final Hearings docket, however, the UMC and Family Hearings/Motions docket may be utilized if needed. • Prior to the scheduling of a default final hearing, the moving party shall first complete and file the Verified Checklist for the specific case type located on the judge’s webpage. • The default final hearing should be scheduled for 15 minutes to 1 hour, depending on the issues involved. • If the final hearing is set for more than 15 minutes, you must schedule on the Family Hearings/Motions docket. • If the final hearing is set for fifteen (15) minutes or less, you may schedule on the Family Final Hearings docket. • If there is no physical evidence and only testimony is required, the default final hearing may be scheduled via Zoom. • Notice of Hearing: It is the moving party’s responsibility to file a Notice of Hearing no later than two (2) business days after the hearing is added to the online judicial calendar. • A notice of hearing involving any remote appearance must list the judicial Zoom credentials. • In-person notices of hearing must include a copy of Florida Rule of General Practice and Judicial Administration 2.530. • All notices of hearing must contain the ADA notification required by Florida Rule of General Practice and Judicial Administration 2.540. • Failure to file a notice of hearing will result in the hearing being stricken from the Court’s online calendaring system by order without further notice. • The day of the hearing does not count as the fifth day. • The Proposed Order/Proposed Final Judgment must reflect the date of the hearing and contain a complete service list. • Hearing Packets for Final Hearings should contain copies of exhibits to be attached to the Final Judgment (e.g. Marital Settlement Agreement/Mediation Agreement, Parenting Plan, and Child Support Guidelines Worksheet – if applicable, in PDF format) and must be properly marked as referenced in the Final Judgment. • The document file name must indicate that it is an exhibit. • (Example: Doe v Doe 21DR37 Exhibit A MSA or simply Exhibit A). • Hearing packets for matters involving child support to be paid through a withholding order must include a completed Supreme Court approved Income Deduction Order (Form 12.996(a)) and a completed Federal Income Withholding Order (Form 12.996). • Failure to provide the hearing packet will result in the hearing being stricken from the Court’s docket by order without further notice or warning. • Order of Proceedings: Matters will be heard in the order they appear on the docket unless a special request is made directly to the Court with opposing party/counsel’s consent. • Continuance Procedure: Continuances are disfavored and will be granted only upon good cause shown. • Prior to submitting a request for continuance to the Judge, you must first contact the other party/attorney and determine if they will stipulate to a continuance. • If there is no stipulation, you must file a motion and schedule a hearing on the UMC docket. • Any such motion must be filed as soon as you are aware of the need for continuance. • If an emergency occurs, contact the other party and the Court as soon as possible to resolve such an issue. • Except for good cause shown, all motions for continuance must be signed by the party requesting the continuance, as required by Florida Rule of General Practice and Judicial Administration 2.545(e). • Cancelling Hearings: If your case (or motion) settles and you no longer require a hearing, you must file a Notice of Cancellation and email to the Judge to IRCJudge4@circuit19.org no later than 12:00 noon, the business day before the hearing, with a copy to all parties, so that it may be removed from the Court’s docket. • Simply filing a Notice of Cancellation does not automatically remove the hearing from the Court’s docket. • Only the party noticing the matter for hearing may cancel the hearing. • Trials or hearings scheduled by Court order (including Injunctions for Protection) may not be cancelled by a Notice. • Cross-notice, Piggybacks, or Substitutions: Once a motion has been set for hearing, additional motions may not be cross-noticed, piggy- backed, or substituted during the time reserved for the original motion without the express consent of opposing counsel AND the Court. • The scheduling party should be contacted for consent BEFORE seeking the Court’s approval to add additional motions. • Reserving Multiple Dates: DO NOT reserve hearing time on the online judicial calendaring system unless you have coordinated the hearing date and time with opposing counsel/parties. • The calendar system will not allow duplicate case entries on the same hearing date. • If you need additional time on a scheduled hearing date, and there is time available on the calendar, you must FIRST confer with opposing counsel/parties. • If multiple dates and times are reserved for the same matter/case, and there is no Notice of Hearing filed, the hearing will be stricken from the docket by order without notice or warning. • C. Court Attendance and Remote Appearance • Remote Appearance Procedure: Uniform Motion Calendars, Case Management Conferences, Uncontested Final Hearings, and Non- Evidentiary Hearings thirty (30) minutes or less shall be held via Zoom teleconference, unless otherwise directed by the Court. • You will remain in the Zoom “WAITING ROOM” until your case is called, and the Court allows entry. • YOU MUST APPEAR BY VIDEO AND AUDIO TO TESTIFY AT THE REMOTE HEARING. • It is not necessary to have a Zoom account to participate in a remote hearing. • Additionally, if you use a 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. • In-Person Appearance Procedure: All Trials, Evidentiary Hearings, Injunction for Protection Hearings, and hearings that require more than thirty (30) minutes are held in-person, in Courtroom 8, of the Indian River County Courthouse, located at 2000 16th Avenue, Vero Beach, Florida, unless otherwise directed by the Court. • Requests for Remote Appearances: Any party requesting a remote appearance must comply with Rule 2.530, Fla. R. Jud. Admin. D. Submission of Orders and Judgments • Format and Submission Method: All proposed orders must be submitted via email to IRCJudge4@circuit19.org in WORD format along with a copy of the e-filed motion/petition in PDF format. • The email must either (1) certify that all parties agree to the order or (2) contain a statement identifying any disagreement of the parties as to the proposed order. • The proposed order must reflect if it is ex-parte (considered in chambers) or heard in Court, indicating the date of the scheduled hearing. • Please ensure that the motion being addressed in the proposed order is filed through the E-Portal. • Do not file or submit proposed orders through the E-Portal. • Service List: All proposed orders must contain a complete service list, setting forth e-service addresses, as well as any postal addresses if there is no e-service address on file. • Do not reflect that service was made on “all counsel of record.” • SIGNED ORDERS WILL BE E-FILED AND E-SERVED THROUGH THE PORTAL ONLY. • If a Pro se party does not have an e-service address, THE MOVING PARTY SHALL BE RESPONSIBLE to serve the opposing party via U.S. mail, including but not limited to copies of any filed document that contains the parties’ physical service address (e.g. Motion, Notice of Hearing, and executed Orders signed and e-filed by the Judge). • Deadline for Submitting Proposed Orders before a scheduled hearing: At least five (5) business days before the hearing. • The revised proposed order must be submitted by the deadline provided by the Court and include opposing counsel/Pro se party in the submission email. • Counsel must advise the Court of any objection to the form of the proposed order upon submission. • The Court does not allow the hearing/motion to be reargued through email. • If there are still outstanding issues, the Court will give instruction on how to proceed and possibly set an additional hearing. • Stipulations: If the parties have reached an agreement, a signed stipulation must be e-filed through the E-portal. • Submit a copy of the filed stipulation to the Court via email along with a proposed Order Approving Stipulation in WORD format. • Following up on Proposed Orders: If the Court takes a matter under advisement, the Court makes every effort to rule as quickly as possible. • Do not call the judicial assistant to ask about the status of the Order. • The four (4) weeks begin upon the Court’s receipt of the last post-hearing submission (e.g., transcripts, supplemental briefs, legal authority, proposed orders). • When following up on a proposed order submitted to the Court for review or from a scheduled hearing, please respond to the original email containing your submission/hearing packet. • E. Courtesy Copies of Case Law and Other Documents • When Required: When counsel/party intend to rely on case law or other documents for a hearing, an electronic courtesy copy must be submitted to the Court, and a copy of same must be made available to the opposing party. • Format: Proposed Orders must be submitted in WORD format. • All other documents may be submitted in PDF format. • Pertinent sections must be highlighted. • Deadline for Submissions: Courtesy copies must be emailed to the court no later than five (5) days prior to any scheduled hearing. • F. Emergencies 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) That the movant first conferred with or made a good faith effort to contact opposing counsel/pro se party to resolve the matter without Court intervention (efforts to be delineated in the motion re: contact and resolution); (2) the issues to be resolved; (3) reasons why an emergency hearing is necessary; and (4) the amount of time needed for each party’s presentation. • Scheduling: The emergency motion shall be filed with the Clerk of Court and a copy emailed to the Court at IRCJudge4@circuit19.org advising of the motion, along with a proposed Emergency Handling Order located on the judge’s webpage. • The word “EMERGENCY” should appear in the subject line as well as the short style of the case and case number. • If, after review, the Court determines that the issue(s) qualify as an “emergency” under the prevailing case law or whether a hardship exists thus justifying the waiver of mediation or the setting of an expedited hearing, a hearing will be scheduled unilaterally by the court. • All parties shall make themselves available for the emergency hearing, barring exigent circumstances. • Failure to follow the steps as outlined in this section will constitute a basis for denial of the motion. • Failure to plan does not constitute an emergency. • G. Exhibits for Evidentiary Proceedings • Submission Method: Hard copies of all evidence/exhibits, including electronic media, must be brought to the hearing/trial and be pre-marked using the evidence template. • Do not submit evidence/exhibits directly to the judge’s office. • The Court will not review or consider any evidence/exhibit before being admitted during the scheduled hearing/trial. • Video, audio recordings, and any other electronic media must be forwarded to the Clerk on a CD. • The CD must be labeled with the case number, case style, and evidence/exhibit number. • Thumb drives will not be accepted. • Deadline for Submissions: All evidence/exhibits and a copy of the Exhibit List must be provided to the opposing party/counsel within the deadlines established by your pre-trial order or Florida rule. • IF NONE, then, at least five (5) business days prior to the hearing/trial. • Pre-marking: Attorneys shall pre-mark their own exhibits for identification. • Pro se/self-represented parties shall deliver their exhibits fo the Clerk of Court, in-person, for pre-marking no less than five (5) business days prior to the hearing/trial. • The clerk will mark the exhibits and return them to the party with instructions to bring them as marked to the hearing/trial. • ALL EVIDENTIARY HEARINGS AND TRIALS ARE REQUIRED TO BE IN-PERSON UNLESS REMOTE APPEARANCE IS GRANTED BY MOTION. • H. Pretrial Procedures and Conferences • Case Management Conference/Status Conference: The Court, upon its own motion, may set a case for a case management conference (CMC) or status conference at any time. • Any party requesting a specific CMC or status conference must file a motion that details the reasons for the request. • Scheduling: If the court agrees that a CMC or status conference is required, the moving party may schedule the CMC or status conference through the online calendaring system. • Notices for Trial are scheduled by the Court by Order and should not be set on the online calendaring system. • I. Setting Case for Trial • Procedure: After the parties have attended and completed mediation as required by Administrative Order 2015-12, a Notice for Trial must be filed containing a Good Faith estimate of time required for trial after conferring with opposing party/parties and set forth the relevant pleadings that are to be disposed of. • After receipt of the Notice for Trial, you will receive an Order Setting Case Management Conference/Pre- Trial/Docket Call. • ALL PARTIES AND COUNSEL ARE REQUIRED TO BE PRESENT AT THE CASE MANAGEMENT CONFERENCE/PRE-TRIAL/DOCKET CALL. • Back-up Trials: Due to the volume of cases and the Court’s availability for scheduling trials, the Court may find it necessary to schedule a case as a back-up trial. • If this occurs, at the Case Management Conference/Pre-Trial/Docket Call hearing, the Court will provide the parties/counsel with the case information for the trial scheduled before them. • The Court will contact the parties/counsel in the event the case scheduled before them has settled. • All parties and counsel shall be prepared to move forward on the back-up trial date and shall comply with the provisions set forth in the Order Setting Trial unless otherwise directed by the Court. • Sanctions: Failure to appear for trial will be grounds for sanctions being imposed, including, but not limited to, attorney fees, costs, striking of pleadings, default, or dismissal. • Interpreters: The responsibility for scheduling and securing an interpreter rests solely with the person in need of interpreting services. • Court Reporters: In absence of agreement otherwise, it is the responsibility of the moving party to arrange for a court reporter to be present, if deemed necessary, and to be responsible for payment of the court reporter's services. • The Court does not require a court reporter to be present; however, failure to provide a transcript for an appeal is likely to prevent a successful appeal. • Daubert Motions: Any Daubert motion must be filed at least fifteen (15) days prior to the first day of trial and a copy provided to IRCJudge4@circuit19.org. • Daubert motions will be considered waived if not filed at least fifteen (15) days prior to the first day of trial. • Case Dispositions: If at any time after the entry of the Order Setting Trial, a case is dismissed, or results in a complete settlement, counsel must immediately notify the judicial assistant by email at IRCJudge4@circuit19.org. • A final hearing may be held on the trial date; however, if a sooner date is needed, counsel may schedule on the Family Final Hearings docket once the trial is removed/canceled from the trial docket. • Counsel is required to follow the procedures for moving forward with a final hearing. • If the necessary paperwork is not filed in the court file, the Court will not move forward with a final hearing. • J. Forms and Motion Practices • Access: Family Law Forms are available on the State Court’s website at Family Law Forms - Florida Courts. • Standard orders and final hearing materials are available on the judge’s webpage. • Usage: Division forms must be used for all relevant filings. • Injunctions for Protection Forms: You must contact the Domestic Violence Clerk in person or at (772) 226-3100 to obtain or file a petition for injunction. • Motions to Compel: If there is a Motion to Compel a Response to Discovery for a complete failure to respond, you may submit a copy of the filed motion to the Court with a proposed order giving the opposing party ten (10) days from the date of the order to comply. • You must comply with Fla.Fam.L.R.P. 12.380. • There is no requirement for a hearing on such a motion, and the Court will issue an order. • Gaspar, Inc. v. Naples Fed. • Sav. & Loan Ass’n., 546 So.2d 764 (Fla. 5th DCA 1989). • Motions to Withdraw as Counsel: Rule 2.505(f)(1) Fla. R. Jud. Admin and Fla. Fam. L.R.P. 12.040 – The motion must contain the client’s last known address, phone number (including area code), and e-service address (if available). • If not available, the motion must state, not available. • Additionally, the motion must set forth the next court date or that there are no future court dates. • If set for trial, the motion must state the date of trial. • You must obtain the client’s consent, in writing, which shall be filed with the Clerk of Court, or a hearing must be held after proper notice to the client. • Motions to Withdraw may be scheduled by using the online judicial calendaring system on the UMC or Family Hearings motion docket. • If the client’s consent is obtained after the motion has been filed, you must file an amended motion referring to the consent. • Motions for Rehearing/Reconsideration: DO NOT schedule a Motion for Rehearing/Reconsideration on the online judicial calendaring system. • The Court shall issue an order accordingly. • If a temporary relief hearing is set without first having been to mediation, your motion will not be heard, and your hearing will be stricken from the Court’s docket by order without further notice or warning. • If the temporary relief motion involves financial issues, both parties must have up-to-date Financial Affidavits filed in the court file prior to the scheduling of the motion for hearing. • Motions to Allow Child Testimony: No other entity can permit attendance of a child to a hearing other than the Court’s office. • See Rule 12.407, Florida Rules of Family Procedure. • Child testimony is not permitted unless a Motion to Allow Child Testimony has been filed, set for hearing, and granted by Court order. • Do not bring children to the courtroom without prior approval of the Court. • Litigation by letter or email: The Court does not allow litigation by letter or email. • If the parties cannot agree on an issue, the appropriate motion should be filed and set for hearing. • Parties not qualifying for the Circuit’s Mediation Program shall attend mediation with a private mediator as coordinated by counsel. • Counsel shall submit to the Court a proposed Order of Referral to Mediation. • Order of Referral to Family Mediation Program: When submitting a Proposed Order of Referral to Family Mediation, the proposed order must state the combined income for the parties and that both parties have current Financial Affidavits on record. • The Proposed Order of Referral must be filled out completely and correct service/e-service addresses listed. • Court Reporters: Only injunction hearings (domestic violence, dating violence, sexual violence, sexual violence, repeat violence and/or stalking) and adoption hearings are recorded. • The Court does not provide a court reporter or digital recording for any other proceeding. • It is the responsibility of the parties/attorneys to arrange for a court reporter to be present, if deemed necessary, and to be responsible for payment of the court reporter's services. • Information on obtaining a transcript from a digitally recorded proceeding can be found on the Digital Court Reporting webpage located on the circuit’s website. • Interpreter Requests: If an interpreter is needed for a hearing or trial where a fundamental interest is at stake, please visit the Court Interpreters webpage located on the circuit’s website. • Incarcerated Parties: In-person appearance is required unless remote appearance is granted by motion. • Attorneys and pro se parties are responsible for notifying the Court whether their client or opposing pro se party is incarcerated. • The Indian River County Jail does not require an Order to Transport for inmates to appear in-person. • Attorneys: If the incarcerated party is located outside of Indian River County, you must file a Motion to Transport. • Submit the e-filed motion to the Court for review, via email to IRCJudge4@circuit19.org, along with a proposed Order to Transport in WORD format, no later than fifteen (15) business days prior to the hearing/trial or as soon as counsel is made aware that their client or opposing party is incarcerated. • Courtroom Etiquette and Decorum: All parties and attorneys will be expected to conduct themselves in accordance with the Standards of Professional Courtesy outlined in Amended Administrative Order 2015- 06.
If you do not have an attorney: The Judge must apply the same rules to all parties, regardless of whether you have an attorney.
Reviewer note: Document sha256: 349d546125fe976bd7b6b9b46981608147678dbc972f9db7d6c2cd5ea9cd0bbd. 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-19131__2026-DR-Judicial-Practices-and-Procedures-1.pdf: published requirements". Only the display title changed — the requirement text, source URL and hash are untouched. Text layer cleaned 2026-09-08 (Phase 3e): running page headers/footers removed; wording untouched. Text layer cleaned 2026-09-08 (Phase 3g): 1 kerning-split word rejoined; wording untouched. 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] [Rebuilt 2026-09-27: the published text had been cut at line and page breaks (79 fragments, many beginning or ending mid-sentence); it now publishes the 181 whole sentences those fragments belong to, verbatim from the rule's own source (live re-fetch, bytes equal), with printed page markers and running headers removed; 3 fragments not found in the source were dropped.]
4 verbatim requirements on hearings.
2 verbatim requirements on hearing time in LAUREN N. PEFFER's division.