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139 verbatim requirements on hearings.
Twentieth Judicial Circuit — HEARING_OR_TRIAL_TIME_LIMIT only. Practices change without notice; the court's own published text controls. Procedural information only; not legal advice.
Verbatim from the published source, captured 2026-07-24; whitespace normalised only. No OCR was used. • If the Court gives me the authority to use the financial assets of the Ward for the benefit of the Ward, I will strictly comply with any limitations the Court places on the use of said funds. I also agree to keep all written records necessary to provide accountings that are required by law. If the Ward’s assets are placed into a restricted account, I will not attempt to gain access to the funds in said account unless the Court authorizes me, in writing, to withdraw said funds to pay expenses of the Ward, or the Court authorizes me to be reimbursed for the Ward’s expenses that I had previously paid with my own funds. I acknowledge that willful failure to comply with the above requirements (which specifically includes the failure to comply in a timely fashion) may subject me to penalties for contempt of Court, and may result in my removal as guardian and the imposition of other sanctions that are provided for by law. I acknowledge that if I fail to appear for a mandatory Court appearance, I may be subject to sanctions, including finding of contempt or the issuance of a bench warrant for my arrest, and I may be held in custody until a bond may be set. I acknowledge that if I am arrested, I may be held in jail up to 48 hours before a hearing is held. I also acknowledge that my failure to appear may result in additional sanctions. I further acknowledge that if I am removed as Guardian, I must file the final accounting within twenty (20) days of removal, and remaining final reports within forty-five (45) days of removal. I will comply with the requirements of F.S. §744.441, entitled “Powers of guardian upon court approval” and I understand that the actions below require an Order of this Court before I may act. If I have questions, I will contact my attorney for guidance. Powers of guardian upon court approval.—After obtaining approval of the court pursuant to a petition for authorization to act, a plenary guardian of the property, or a limited guardian of the property within the powers granted by the order appointing the guardian or an approved annual or amended guardianship report may: • In the interest of the efficient administration of justice and in consideration of the court's docket, as well as opposing parties' or their counsel's time and expense, it is incumbent upon the parties and their counsel to notify promptly the court and all interested parties of an objection or substantial dispute which will affect the court's ability to proceed with a scheduled hearing. c. Notice Requirement of Section 744.3031(2), F.S. and Rule 5.648(b), Fla. Prob. R. Part III “(2) Notice of filing of the petition for appointment of an emergency temporary guardian and a hearing on the petition must be served on the alleged incapacitated person and on the alleged incapacitated person’s attorney at least 24 hours before the hearing on the petition is commenced, unless the petitioner demonstrates that substantial harm to the alleged incapacitated person would occur if the 24-hour notice is given.” 8. Court Reporters The court will not provide court reporters for hearings. If an attorney or unrepresented interested person wishes to have a court reporter present during any hearing, it is that attorney's or unrepresented interested person's responsibility to contact a court reporter to arrange for the presence of such reporter. However, all guardianship hearings are electronically recorded by the Court. A party may request an electronic certified copy of the proceeding on CD, at that party's expense, and may then have the recording transcribed, at that party's expense. Media request forms, procedures, and fees, and a list of approved transcriptionists are available on the Court's website, www.ca.cjis20.org, or by calling the Court's Electronic Court Reporting Department at 239-533-8207. • 9. Proposed Orders a. Electronic Submission Proposed Orders related to Petitions for ETG must be submitted electronically in Microsoft Word format to the Court with copies via E-mail to counsel for the A.I.P. at least 24 hours prior to the ETG hearing. Full instructions may be found on the Court’s website in ‘Procedures’ under the Emergency Temporary Guardianship section. b. Description of the E-mail Counsel shall ensure that the subject line of the E-mail is flagged so that the • The title of every proposed order submitted must contain the subject matter of the pleading or motion upon which the ruling is made and must fairly apprise the reader of the action being ordered. Phrasing such as "order granting ... " or "order denying ... " is preferred over "order on". d. Objections Any attorney or party who objects to the entry of a proposed order or report which has been submitted to the presiding judge or magistrate must immediately notify the judge's office via E-mail (preferably) or telephone. If the objection notification is made by E-mail, the opposing attorney or party must be copied on the E-mail message. The objecting attorney or party must submit an alternative proposed order or report at least one hour prior to the hearing on the ETG. 10. Notice of Change of Emergency Temporary Guardian's Contact Information An emergency temporary guardian must promptly advise the court, via written notice filed with the Clerk with copies to all parties in each case in which the ETG has been appointed and is serving, of any change of his or her name, address, telephone number, or E-mail address. Notice should be filed with the Clerk within ten (10) days of such change and must list the case number. • 9. Hearings a. Non-Emergency Hearings Any petition, pleading, motion, or other document that is the subject of a hearing or a conference set before the court must be filed with the clerk no later than five business days before the matter is to be considered. A hearing on any such petition, pleading, motion, or other document not so filed may be postponed until another hearing is scheduled. Memoranda of law and courtesy copies of any case law to be presented at the hearing must be delivered to the judge's or magistrate's chambers at least 48 hours prior to the hearing, unless otherwise specified in the judge's or magistrate's guidelines. b. Emergency Hearings (excluding petitions to appoint emergency temporary guardian) Application for emergency relief in a case must be made to the presiding judge. Matters scheduled for hearing as an emergency shall be noticed and heard as the circumstances permit based upon judicial discretion. • A petition seeking court approval of the settlement of a claim on behalf of a minor or incompetent must comply with Florida Probate Rule 5.636 and Sections 744.301, .3025, and .387, Florida Statutes. All settlements arising out of an action filed in civil court must be approved by the civil court judge having jurisdiction over the action. With respect to settlements reached prior to the filing of an action in civil court, the guardianship court will conduct a hearing to determine if the settlement is in the best interest of the minor and if the attorney's fees and costs are fair and reasonable. The parent, next friend or guardian, unless excused by the court must attend but the minor is not required to attend the hearing unless otherwise directed by the court. The attorney must have available for the court the most recent medical report of the treating physician in tort claims. In situations where approval of a settlement for less than the actual value of the claim is requested because of policy limits, evidence indicating the amount of insurance coverage must be produced at the hearing. If a guardian ad litem report is required based on the amount of the settlement or otherwise ordered by the court, a courtesy copy of the report must be provided to the court at least 48 hours prior to the hearing. As noted above, in accordance with Section 744.3025, F.S. and Rule 5.636(d) Fla. Prob. R. Part III, in cases involving a minor in which the gross settlement exceeds $15,000, the Court may appoint a guardian ad litem to represent the minor's interests if the Court believes a guardian ad litem is necessary to protect the minor's interest. In cases involving a minor in which the gross settlement equals or exceeds $50,000, the Court is required to appoint a guardian ad litem to represent the minor's interest. In cases requiring the appointment of a guardian ad litem or where a guardian ad litem is otherwise requested, a petition for appointment of guardian ad litem must be filed and a proposed order granting same may be submitted to the Court for entry without a hearing. 10. Mandatory Depository • 14. Proposed Orders a. Electronic Submission Proposed Orders related to Guardianship of Minor petitions must be submitted electronically in Microsoft Word format to the Court with copies via E-mail to opposing counsel, if any, at least 24 hours prior to the Guardianship of Minor hearing as provided for in the following instructions and on the Court's website in Procedures under the Guardianship of Minors section. b. Description of the E-mail Counsel shall ensure that the subject line of the E-mail is flagged so that the • The title of every proposed order submitted must contain the subject matter of the pleading or motion upon which the ruling is made and must fairly apprise the reader of the action being ordered. Phrasing such as "order granting ... " or "order denying ... " is preferred over "order on". d. Objections Any attorney or party who objects to the entry of a proposed order or report which has been submitted to the presiding judge must immediately notify the judge's office via E-mail (preferably) or telephone. If the objection notification is made by E-mail, the opposing attorney or party must be copied on the E-mail message. The objecting attorney or party must submit an alternative proposed order or report at least one hour prior to the hearing. 15. Notice of Change of Guardian's Contact Information A guardian must promptly advise the court, via written notice filed with the Clerk with copies to all parties in each case in which the guardian has been appointed and is serving, of any change of his or her name, address, telephone number, or E-mail address. Notice should be filed with the Clerk within ten (10) days of such change and must list the case number. • CourtCall to conduct telephonic appearances by counsel (“CourtCall Appearances”). CourtCall Apperances are permitted if the hearing is scheduled for 15 minutes or less. See: Fla.R.Jud. Admin. 2.530 (c). If the hearing is scheduled for more than 15 minutes, no telephone appearances are permitted. All telephone appearances must be scheduled • CourtCall Apperances are permitted if the hearing is scheduled for 15 minutes or less. See: Fla.R.Jud. Admin. 2.530 (c). If the hearing is scheduled for more than 15 minutes, no telephone appearances are permitted. All telephone appearances must be scheduled through CourtCall at least seven (7) business days in advance of the scheduled • Therefore, the Court will not allow this practice to continue. The Court will not establish a policy nor will it set strict time limits on the presentation of cases. It is understood that the size of dockets varies and sometimes unexpected events cause cases to take longer than expected to be completed. • HOW DOES THIS WORK IN PRACTICE? Trial days are typically from 9-5. Although this is literally 8 hours of time the Court considers it to be 6 hours (considering lunch, breaks and unexpected delays). So, if you agree to a one-day trial then you will be awarded 3 hours (timed) total for your part of the case. • Trial days are typically from 9-5. Although this is literally 8 hours of time the Court considers it to be 6 hours (considering lunch, breaks and unexpected delays). So, if you agree to a one-day trial then you will be awarded 3 hours (timed) total for your part of the case. For example, you represent a respondent (in a one-day dissolution trial) and the petitioner • requested in your subject line. Hearings 60 minutes or less All hearings 60 minutes in length or less will be placed on the Court’s “regular” motion calendar. Back to back slots will not be reserved to obtain additional hearing time. • Hearings 60 minutes or less All hearings 60 minutes in length or less will be placed on the Court’s “regular” motion calendar. Back to back slots will not be reserved to obtain additional hearing time. • Motion for ZOOM Attendance Pursuant to Fla.R.Jud.Admin 2.530, attorneys are allowed to appear via zoom for any NON-EVIDENTIARY hearing less than 15 minutes in length. The following procedure is required for attendance zoom a hearing • File a motion or stipulation • k) The parties shall attend and complete mediation prior to the trial date. The Petitioner is required to file with the Court no later than 48 hours prior to trial either: 1. A pre-trial stipulation listing the facts and evidence that are agreed upon and which is • being held (See Standing Order for Domestic Relations with Children –paragraph 2). Unless stated otherwise, hearings of 60 minutes and under (not including: Adoption, Simplified Page 2 of 6 • may unliterally set the case for a hearing based on the Court’s availability. Hearings of more than 60 minutes must be in person. Hearings are limited to the time reserved. A party/attorney scheduling a hearing must concurrently notice the matter in conformance with the Florida Rules of Civil Procedure and ensure timely notice is served on all pro se parties and • what is submitted to the Clerk. If your hearing is in person, pleas bring the binder to court with you. If your hearing is via Zoom, please deliver the binder to the Judge’s mailbox in Court Administration no later than 48 hours before the hearing. The Clerk does not want binders submitted to it for evidence. It is the party’s responsibility to have the evidence properly filed. Please contact the Clerk of Court for further information at (239) 252-2646. • Canceling Hearings Hearings Set for 60 minutes or less: Please notify the Court of cancelations as soon as possible to make that time available for other hearings. A Notice of Cancelation of Hearing must be filed with the Clerk and a courtesy copy of the Notice provided to the JA via email. Your hearing will • not be canceled on the Judge’s docket until the JA is in receipt of the courtesy copy. Hearings Set for more than 60 minutes: The Court will not honor any Notices of Cancelation for hearings 60 minutes or more in length, unless the issue set for hearing has been resolved by written agreement. • Hearings Set for more than 60 minutes: The Court will not honor any Notices of Cancelation for hearings 60 minutes or more in length, unless the issue set for hearing has been resolved by written agreement. • o Yes • How do I request a hearing for a Civil Case that requires 20 minutes or less? o By using the JACS link on the 20th Judicial Circuit’s Website. • counsel and the Court will unilaterally schedule the hearing. • How do I request a hearing for a Civil Case that will require 30 minutes or more? o By cover letter e-mailed to the Judicial Assistant which Judge Brodie then will review. • ☐ Only uncontested motions shall be scheduled for 5 minutes. ☐ Hearings of 15 minutes or less must be scheduled using the court’s online scheduling platform Judicial Automated Calendaring System. If you receive an error message in JACS “Record not • scheduled in Courtroom 4-O. ☐ Hearings of 20-30 minutes must be scheduled by e-mailing the judicial assistant at LabodaPleadings@ca.cjis20.org and copying opposing counsel and any self-represented litigant. • opposing counsel and any self-represented litigant. ☐ For all hearing requiring 45 minutes or more, counsel shall send a formal request to the Judge at LabodaPleadings@ca.cjis20.org. The • 6 (e.g., scheduling two 5- minute hearings to acquire 10 minutes, etc.). Any hearings scheduled in this manner may be canceled and sanctions may be assessed. • of the hearing and shall serve a copy on all parties entitled to notice of the proceeding. If attending a hearing by phone, you should call into the hearing at least five to ten minutes prior to the scheduled hearing time to ensure your timely appearance and to provide ample time to address connection problems, if any. Also, • Order Granting Video Appearance. Video-Conference appearances will only be available for hearings 15 MINUTES OR LONGER. If all parties cannot agree to appear via Zoom Video, you may appear telephonically pursuant to the procedure above. • If you are attending a hearing by video (by order), the hearing must be noticed accordingly. If attending a hearing by video, you should log-in into the hearing at least five to ten minutes prior to the scheduled hearing time to ensure your timely appearance and to provide ample time to address connection problems, if any. Also, • will then contact the assigned Magistrate’s office with direction to schedule a trial. If the trial time requested is less than two hours, the Magistrate Assistant will then contact the attorneys of record via e-mail to coordinate an agreed trial date and time. Attorneys and their staff must coordinate their trials via e-mail. The Magistrate’s Assistant will prepare all Notices • C. If a hearing is required and exigent circumstances exist, the Court is required to hold said hearing within 72 hours. 39 The Guardian is responsible for alerting the Judge’s office to the filing of a Petition for a Do Not Resuscitate Order and the necessity of a hearing. When contacting the Judge’s office for hearing time in this circumstance, inform the • the filing of a Petition for a Do Not Resuscitate Order and the necessity of a hearing. When contacting the Judge’s office for hearing time in this circumstance, inform the Judicial Assistant that this hearing must be held within 72 hours. 40 2. Section 744.4431 and Rule 5.631 set forth the pleading requirements for a Petition for a Do- • F. Notice of the filing of the Petition for Appointment of an Emergency Temporary Guardian and of the hearing on said Petition must be served on the Alleged Incapacitated Person and his/her attorney at least 24 hours prior to the hearing on said Petition commencing. Fla.Stat.§744.3031(2)(2025);Fla.Prob.R.5.648(b)(2025) • hearing on the petition. “Notice of filing of the petition for appointment of an emergency temporary guardian and a hearing on the petition must be served on the alleged incapacitated person and on the alleged incapacitated person’s attorney at least 24 hours before the hearing on the petition is commenced, unless the petitioner demonstrates that substantial harm to the alleged incapacitated person would occur if the 24-hour notice is given.”2 • §744.3031(2), F.S., “Notice of filing of the petition for appointment of an emergency temporary guardian and a hearing on the petition must be served on the alleged incapacitated person and on the alleged incapacitated person's attorney at least 24 hours before the hearing on the petition is commenced, unless the petitioner demonstrates that substantial harm to the alleged incapacitated person would occur if the 24-hour notice is given.” • and letters, may no longer be handed in hard copy form to the Court or Clerk at the time of the hearing. These proposed orders must be submitted electronically to the Court with copies via E-mail to counsel for the A.I.P. at least 24 hours prior to the hearing as provided for the following instructions at the Court’s web page here: https://www.ca.cjis20.org/pdf/Charlotte/ElectronicSubmissionOrders_GeneralProbateGuardiansh • and letters, may no longer be handed in hard copy form to the Court or Clerk at the time of the hearing. These proposed orders must be submitted electronically to the Court with copies via E-mail to counsel for the A.I.P. at least 24 hours prior to the hearing as provided for the following instructions at the Court’s web page here: • IN CHARLOTTE COUNTY 1. Proposed orders that are entered after the incapacity and guardianship hearings including orders determining incapacity, orders appointing guardians, and other related orders and letters, may no longer be handed in hard copy form to the Court or Clerk at the time of the hearing. These proposed orders must be submitted electronically to the Court with copies via E-mail to counsel for the A.I.P. at least 24 hours prior to the hearing as provided for in the following instructions and on the Court’s website in Procedures under the Incapacity/Guardianship section. 2. Counsel shall ensure that the subject line of the E-mail is flagged so that the Court's Judicial Assistant can bring the proposed order(s) to the Court's attention prior to the hearing. Use all caps language and include the date and time of the upcoming hearing such as "***UPCOMING HEARING ON XX/XX/XXXX at YYYY a.m./p.m.***". Also include the normal case description that must be placed in the subject line of the E-mail. • and passcodes for each type of proceeding. These Zoom codes are not published for security reasons. Please email the Judicial Assistant for a list of Judge Adams’s Zoom codes at least 48 hours prior to your hearing and/or to include in your notice of hearing. The Zoom App is available at no charge for all iOS (Apple) and Android • Trials, Evidentiary hearings, and Non-evidentiary hearings scheduled for longer than 30 minutes. If a party seeks to present testimony via Zoom, please refer to the procedure set forth in Rule 2.530(b)(2), Florida Rules of General Practice and Judicial • (AGrover@ca.cjis20.org) ZOOM HEARINGS: All hearings under 60 minutes, Status Conferences, Pre- Trial Conferences and Docket Soundings will be held via Zoom. Judge Brodie’s Zoom Information: • to CollierJacs@ca.cjis20.org. For all hearings longer than 20 minutes, please contact the Judge’s office to schedule same at AGrover@ca.cjis20.org.You do NOT need to send a letter to the Judge for a hearing of up to 1 hour. Just email Judge Brodie’s Judicial Assistant and all parties. Judge Brodie’s • NO BACK TO BACK SCHEDULING: Attorneys may NOT schedule the SAME Motion for back to back hearings to acquire a longer block of hearing time (e.g. scheduling two 5- minute hearings to acquire 10 minutes, etc.) Any hearings scheduled in this manner may be cancelled. Contact Judge Brodie’s Judicial Assistant via email if you are having difficulty scheduling. • Judicial Assistant, including all parties on said email. (mpelle@ca.cjis20.org ) ZOOM HEARINGS: All hearings under 30 minutes, Status Conferences, Pre-Trial Conferences and Docket Soundings will be held via Zoom. Any hearings 60 minutes or longer will be held in-person unless approval to appear remotely is obtained from Judge Brown’s office. • ZOOM HEARINGS: All hearings under 30 minutes, Status Conferences, Pre-Trial Conferences and Docket Soundings will be held via Zoom. Any hearings 60 minutes or longer will be held in-person unless approval to appear remotely is obtained from Judge Brown’s office. • CollierJacs@ca.cjis20.org. For all hearings longer than 30 minutes, please contact Judge Brown’s Judicial Assistant to schedule. You do NOT need to send a letter to the Judge for a hearing of up to 1 hour, just email the Judicial Assistant and all parties, and she will provide you with the Court’s availability. • For all hearings longer than 30 minutes, please contact Judge Brown’s Judicial Assistant to schedule. You do NOT need to send a letter to the Judge for a hearing of up to 1 hour, just email the Judicial Assistant and all parties, and she will provide you with the Court’s availability. The movant or movant’s attorney then must coordinate with the other parties or their attorneys. • NO BACK-TO-BACK SCHEDULING: Attorneys may NOT schedule the SAME Motion for back to back hearings to acquire a longer block of hearing time (e.g. scheduling two 5-minute hearings to acquire 10 minutes, etc.) Any hearings scheduled in this manner may be cancelled. Contact Judge Brown’s Judicial Assistant via email if you are having difficulty scheduling. • online scheduling system. Please call the office to obtain hearing time (239-533-8268). Once confirmed with all parties, please contact the office to have the hearing set on Judge Gagliardi’s calendar. Hearings 15 minutes or less may be held telephonically. The Judge initiates the call at the time of the hearing, but you must contact the JA with the phone information. No order is required. • (5) business days for hearings.”) Scheduling standard hearings (30 minutes or less) All hearings of 30 minutes or less will be considered a standard hearing. Standard hearings must be scheduled through the Judicial Automated Calendar System (“JACS”). JACS can be accessed online at • Scheduling standard hearings (30 minutes or less) All hearings of 30 minutes or less will be considered a standard hearing. Standard hearings must be scheduled through the Judicial Automated Calendar System (“JACS”). JACS can be accessed online at https://www.ca.cjis20.org/Services/jacs.aspx. Timeslots are available in 5 and 15 minute increments. To • be scheduled through the Judicial Automated Calendar System (“JACS”). JACS can be accessed online at https://www.ca.cjis20.org/Services/jacs.aspx. Timeslots are available in 5 and 15 minute increments. To locate 30 minute hearing time, find two consecutive 15 minutes timeslots. Pretrial Conference • Should the Court adopt and sign the agreed order, the parties are not required to attend the PTC. Scheduling extended hearings (45 minutes or more) All hearings that require 45 minutes or more will be considered an extended hearing. The procedure for scheduling an extended hearing will be as follows: • Scheduling extended hearings (45 minutes or more) All hearings that require 45 minutes or more will be considered an extended hearing. The procedure for scheduling an extended hearing will be as follows: 1) The party seeking the extended hearing time shall file a Motion for Extended Hearing Time that • • To schedule a hearing, view available dates/times on JACS at https://www.ca.cjis20.org/jacsattCharlotte/AvailableSlotFrame.as p. Available hearing time is listed in durations of 15 minutes. Hearings up to 30 minutes can be scheduled in the 15-minute time slots. For hearings longer than 30 minutes, please contact the • https://www.ca.cjis20.org/jacsattCharlotte/AvailableSlotFrame.as p. Available hearing time is listed in durations of 15 minutes. Hearings up to 30 minutes can be scheduled in the 15-minute time slots. For hearings longer than 30 minutes, please contact the Judicial Assistant to obtain available hearing dates/times. • p. Available hearing time is listed in durations of 15 minutes. Hearings up to 30 minutes can be scheduled in the 15-minute time slots. For hearings longer than 30 minutes, please contact the Judicial Assistant to obtain available hearing dates/times. • SCHEDULING HEARINGS: All hearings 15 minutes or less in length must be scheduled through the Judicial Automated Calendaring System ("JACS"). Available timeslots for motion calendar are 5, 10 & 15 minutes. JACS can be accessed online at www.ca.cjis20.org. Hearings for a commercial foreclosure case or a post- • in JACS even if you are appearing via Zoom. For all hearings 15 minutes or longer that need to be special set, please email the Judicial Assistant (“JA”) at strask@ca.cjis20.org , cc all counsel of record on the email, and provide the type of motion(s) to be scheduled and how much time is needed. The JA will then provide proposed dates. • APPEARANCES THROUGH ZOOM FOR MOTION CALENDAR ONLY: For hearings 15 minutes or less set on Motion Calendar, use the following information for ZOOM: Find your local number on line at: https://zoom.us/u/abbCgI5ExR and use the Zoom Link: https://zoom.us/j/95818196610?pwd=dVpjdVg5Z3p0WTdNWHNNM1pEeWpsUT09, Meeting ID: 958 • payment of their own ZOOM fees (if any) and ensuring the hearing notice reflects the ZOOM attendance is planned with the confirmation information. If attending a hearing, you should log into ZOOM at least five to ten minutes prior to the scheduled hearing time to ensure your timely appearance and to provide ample time to address connection problems, if any. Also, please and remain quiet until your case is called. • • Attorneys may not schedule back-to-back hearings to acquire a longer block of hearing time (e.g. scheduling two 5-minute hearings to acquire 10 minutes or select two different time slots on the same day). Any hearings scheduled in this manner may be canceled and sanctions may be assessed. • Effective October 27, 2014, the Civil Magistrate will no longer be restricted to a limited variety of motions that can be heard. All discovery motions will still be heard by the magistrate. All other motions requiring more than a 10 minute hearing (excluding pre-judgment, non-commercial foreclosure motions) may be referred to the civil magistrate by the assigned judge on a case-by-case basis. Upon referral from the assigned judge, please contact Kaylee at (239) 533-3343 to schedule your hearing. • have not received a JACS Confirmation Number, your hearing time has not been reserved. All hearings of 60 minutes or less in length can be scheduled through the Judicial Automated Calendaring System (“JACS”). You must be logged in to JACS to reserve a hearing time. Available time slots. JACS can be accessed online at • Any objection to the Magistrate must be filed in the court file. Extended Hearings: Hearings requiring one hour or more shall be scheduled directly with the Judicial Assistant. To request hearing time, please email cphillips@ca.cjis20.org. In the email, please indicated the pleading that you need set, when it was filed with the court, and how much • • Back-to-Back Scheduling. Parties may not schedule the same case or same motion for back-to-back hearings to acquire a longer timeslot (e.g. scheduling two 5-minute hearings to acquire 10 minutes of hearing time). Timeslot Reserved • Scheduling with JACS (Judicial Automated Calendaring System) All hearing timeslots of 30 minutes or less must be scheduled online through the Judicial Automated Calendaring Systems (“JACS”), which is available at https://www.ca.cjis20.org/Services/jacs.aspx. • number to JACSLee@ca.cjis20.org. Extended Hearings (45 Minutes or More) Hearings requiring forty-five (45) minutes or more shall be scheduled directly with the Judicial Assistant. To request hearing time, please email Chambers at • counsel and any self-represented litigant. • Other Scheduling Procedures: Any hearing request longer than one hour in duration requires court review and approval. • Assistant via email address including all parties on the email. (mfechner@ca.cjis20.org) ZOOM HEARINGS: All hearings 30 minutes and under, Status Conferences, Pre- Trial Conferences and Docket Soundings will be held via Zoom. Judge Mañalich’s Zoom Information: • are unable to successfully log-in, send an email with your bar number to CollierJacs@ca.cjis20.org. For all hearings longer than 30 minutes, please contact the Judge’s office to schedule same at mfechner@ca.cjis20.org.You do NOT need to send a letter to the Judge for a hearing of up to Page 3 of 7 • NO BACK TO BACK SCHEDULING: Attorneys may NOT schedule the SAME Motion for back to back hearings to acquire a longer block of hearing time (e.g. scheduling two 5-minute hearings to acquire 10 minutes, etc.) Any hearings scheduled in this manner may be cancelled. Notices of Hearings: All Notices of Hearing shall reflect the following in addition to the date and time of the Motion: • NO PASSCODE REQUIRED HEARING REQUESTS: Hearings up to 30 minutes can be scheduled online through JACS. The nature of the motion and the docket entry number must be entered in JACS. If this information is not entered, the Court will cancel the hearing. Hearing requests for longer than 30 minutes need to be emailed to • Hearings up to 30 minutes can be scheduled online through JACS. The nature of the motion and the docket entry number must be entered in JACS. If this information is not entered, the Court will cancel the hearing. Hearing requests for longer than 30 minutes need to be emailed to mfechner@ca.cjis20.org. Also, parties may consent to the Magistrate to set a hearing also. To do so, the parties must submit an order of referral to the Judge through the portal. Every hearing • Practice and Judicial Administration 2.530 for non-criminal matters and Florida Rule of Criminal Procedure 3.116 for criminal matters. Requests for remote appearance must be made at least 24 hours before a hearing. • Continuance Procedure: Continuances are governed by Florida Rule of • GENERAL MOTION AND PLEA SCHEDULING: Criminal Motions and Pleas will be set through the JACS calendaring (automation) for hearings that require 20 minutes or less. Criminal Motions requiring 30 minutes or more shall be coordinated with opposing counsel as to both length of time needed and date and set by email with the Judicial Assistant CJohnson@ca.cjis20.org • JACS (AUTOMATION CALENDARING SYSTEM) REQUIREMENTS: All hearings, 20 minutes or less in length (PER CASE ON ONE GIVEN JACS CALENDAR DATE) must be scheduled through the “JACS” system. You may not schedule back- to-back hearings to acquire a longer block of hearing time (e.g. scheduling two 20-minute hearing • CALENDAR DATE) must be scheduled through the “JACS” system. You may not schedule back- to-back hearings to acquire a longer block of hearing time (e.g. scheduling two 20-minute hearing times to acquire 40 minutes). If you schedule a hearing improperly, the hearing may be cancelled by the Judicial Assistant, sanctions may be assessed, and you may be blocked from the “JACS” system for future use. Once a motion is scheduled through “JACS” subsequent motions may not be • CIRCUIT WEBSITE: http://www.ca.cjis20.org/jacsattCollier/AvailableSlotFrame.asp HEARINGS 30 MINUTES OR LONGER: All hearing requests of 30 minutes or longer may be made through email to the Judicial Assistant, Crystal at CJohnson@ca.cjis20.org All hearing time is divided equally between the parties. All motions must be scheduled PRIOR TO • will not be scheduled. For hearing time over fifteen minutes, most of the fifteen minutes time spots can be extended up to one hour provided time is available. For hearing time over one hour, a letter must be submitted to Judge McHugh indicating the motions you wish to have heard and the duration of times needed. The motions will either be set by the Court or the case will be set for docket sounding at which • Jury Trials Non-jury trials scheduled for longer than 1 hour. Evidentiary hearings scheduled for longer than 1 hour. Small claims trials and evidentiary hearings involving self- • Jury Trials Non-jury trials scheduled for longer than 1 hour. Evidentiary hearings scheduled for longer than 1 hour. Small claims trials and evidentiary hearings involving self- represented individuals scheduled for longer than 15 • to do so, your Notice of Hearing should reflect that the matter was unilaterally scheduled with permission of the Court. o Standard Hearings (30 minutes or less): All hearings of 30 minutes or less will be considered a standard hearing. Standard hearings can be scheduled using JACS. • Timeslots are available in 5, 10 and 15 minute increments. Parties may schedule back-to-back 15 minute time slots for hearings of 30 minutes. o Extended Hearings (more than 30 minutes): Hearings of more than 30 minutes must be scheduled by emailing the judicial assistant at • Parties may schedule back-to-back 15 minute time slots for hearings of 30 minutes. o Extended Hearings (more than 30 minutes): Hearings of more than 30 minutes must be scheduled by emailing the judicial assistant at msouza@ca.cjis20.org and copying opposing counsel and any self- • otherwise, the following categories of hearings shall be in person: Jury Trials Non-jury trials scheduled for longer than one hour. Evidentiary hearings scheduled for longer than one hour. Small Claims trials and evidentiary hearings involving self- • Jury Trials Non-jury trials scheduled for longer than one hour. Evidentiary hearings scheduled for longer than one hour. Small Claims trials and evidentiary hearings involving self- represented individuals scheduled for longer than 15 minutes. • After you have reviewed all of the procedures below, please visit JACS to view available time slots. You can view and coordinate hearings that are 3 hours or less. Judicial Automated Calendaring System • Please visit JACS to view available time slots. Judicial Automated Calendaring System You can view and coordinate hearings that are 3 hours or less. Once your date and time has been coordinated and approved by all counsel/parties, you will need to submit your request to reserve your hearing time to DivisionNHearings@ca.cjis20.org. • been coordinated and approved by all counsel/parties, you will need to submit your request to reserve your hearing time to DivisionNHearings@ca.cjis20.org. For all 30 minute hearings, please view JACS and look for two 15 minute spots that are back to back on the same date. For all 45 minute hearings, please view JACS and look for three 15 minutes spots that • For all 30 minute hearings, please view JACS and look for two 15 minute spots that are back to back on the same date. For all 45 minute hearings, please view JACS and look for three 15 minutes spots that are back to back on the same date, once the date and time has been coordinated. For a two hour hearing, please view JACS to look for two back to back 1 hour time • For all 45 minute hearings, please view JACS and look for three 15 minutes spots that are back to back on the same date, once the date and time has been coordinated. For a two hour hearing, please view JACS to look for two back to back 1 hour time slots. • slots. For a three hour hearing, please view JACS to look for three back to back 1 hour time slots. All hearing requests for hearing time that requires four hours or longer will need to be • For a three hour hearing, please view JACS to look for three back to back 1 hour time slots. All hearing requests for hearing time that requires four hours or longer will need to be submitted by email to DivisionNHearings@ca.cjis20.org. • submitted by email to DivisionNHearings@ca.cjis20.org. Hearings 45 minutes or less are currently being held remotely via ZOOM, unless the court orders otherwise. • +14702509358,,9244755405# US (Atlanta) ALL hearings for one hour or longer are IN-PERSON unless the court orders otherwise. All IN-PERSON Hearings will be held in Courtroom 4-I, at the Lee County Justice Center, • SCHEDULING HEARINGS: After you have reviewed all of the procedures below, please visit JACS to view available time slots. Judicial Automated Calendaring System You can view and coordinate hearings that are 3 hours or less. File Motions: • hearing time to DivisionNHearings@ca.cjis20.org. For all 30 minute hearings, please view JACS and look for two 15 minute spots that are back to back on the same date. For all 45 minute hearings, please view JACS and look for three 15 minutes spots that are back • For all 30 minute hearings, please view JACS and look for two 15 minute spots that are back to back on the same date. For all 45 minute hearings, please view JACS and look for three 15 minutes spots that are back to back on the same date, once the date and time has been coordinated. For a two hour hearing, please view JACS to look for two back to back 1 hour time slots. • For all 45 minute hearings, please view JACS and look for three 15 minutes spots that are back to back on the same date, once the date and time has been coordinated. For a two hour hearing, please view JACS to look for two back to back 1 hour time slots. For a three hour hearing, please view JACS to look for three back to back 1 hour time slots. All hearing requests for hearing time that requires four hours or longer will need to be submitted • to back on the same date, once the date and time has been coordinated. For a two hour hearing, please view JACS to look for two back to back 1 hour time slots. For a three hour hearing, please view JACS to look for three back to back 1 hour time slots. All hearing requests for hearing time that requires four hours or longer will need to be submitted by email to DivisionNHearings@ca.cjis20.org. • For a two hour hearing, please view JACS to look for two back to back 1 hour time slots. For a three hour hearing, please view JACS to look for three back to back 1 hour time slots. All hearing requests for hearing time that requires four hours or longer will need to be submitted by email to DivisionNHearings@ca.cjis20.org. • by email to DivisionNHearings@ca.cjis20.org. Hearings 45 minutes or less are currently being held remotely via ZOOM, unless the court orders Page 4 of 11 • +14702509358,,9244755405# US (Atlanta) ALL hearings for one hour or longer are IN-PERSON unless the court orders otherwise. All IN-PERSON Hearings will be held in Courtroom 4-I, at the Lee County Justice Center, 1700 • Zoom/Remote Attendance: The following procedure is required for attendance by remote means at a hearing that is one hour or longer: File a motion or stipulation. • objections will be deemed a waiver of the objections. 5. Hearings on Motions lasting more than 30 minutes may not be cancelled without Court approval. • Too often, the court will set aside valuable court time for a lengthy hearing, only to be told the day of the hearing that the attorney "cancelled" the hearing. This hearing time is then unavailable to other litigants. Hearings in excess of 30 minutes will not be canceled unless: (1) a hearing is held to continue the hearing for extraordinary and unforeseen grounds; or (2) the movant waives the relief requested in writing; or (3) a stipulation and order is submitted to the • SCHEDULING HEARINGS All hearings 45 minutes or less can be scheduled online through Judicial Automated Calendaring System (“JACS”). JACS can be accessed online at JACS Online Available timeslots range from 5-30 minutes. Enter the case in the following format: 2 digit year, • Scheduling a 30 – 45 minute hearing: Parties may search the live JACS calendar for example: 2 - 3 15 minute time slots, 3 • provided for the notice of hearing. For hearings 1 hour or longer, will be held in person, submit a request in writing to the Judge with the motion attached for which you are requesting extended 12.27.24 • ZOOM: For hearings 45 minutes or less set on the Motion Calendar, you may use the following information for ZOOM: • attend a hearing via ZOOM will be responsible for the payment of their own ZOOM fees (if any) and ensuring the hearing notice reflects the ZOOM attendance is planned. If attending a hearing, you should log into ZOOM at least five to ten minutes prior to the scheduled hearing time to ensure your timely appearance and to provide ample time to address connection problems, if any. Parties are to appear on screen with their name and case number. Also, please remain quiet until your case is called. • g) Other: Necessity of taking judicial notice: PENDING MOTIONS & MOTIONS IN LIMINE: (Motions not timely filed and noticed to be heard prior to docket sounding may be deemed waived/withdrawn. All motions should be discussed between lead trial counsel by telephone, in person or by video-conference at least 48 hours prior to hearing.) Settlement possibilities: Trial Date, Docket Sounding, and Conflicts. All parties and counsel must be ready to go to trial on day #1 of the trial period, regardless of position on the docket. The docket will proceed in the manner established at docket sounding – generally numerical order, unless time utilization can be enhanced or scheduling conflicts with other courts occur. In such instances, the sequencing of cases for trial may be adjusted by the Court. Prior to docket sounding, a notice of potential trial conflicts should be filed, including information for any other potentially conflicting case(s), including case style, case number, filing date, trial period, judge (with contact information/telephone number), whether such case has been continued previously or has been special set, etc. You are under obligation if/when you attend any pretrial conference and/or docket sounding for such other cases to advise the presiding judge of the pending trial of this case. LEAD TRIAL COUNSEL SHALL BE IN ATTENDANCE AT DOCKET SOUNDING. • NO If there are disagreements regarding the admissibility of any portion of a deposition transcript, such matters must be resolved prior to trial absent extraordinary circumstances. Any objections will be deemed waived if not addressed in advance. JURY INSTRUCTIONS & VERDICT FORM. Unless specifically directed otherwise by the Court, jury instructions and verdict forms shall be fully discussed and submitted prior to docket sounding. All trial counsel and any pro-se parties are to meet in person or by video-conference at least 48 hours before docket sounding for this purpose. Any unresolved issues are subject to resolution at docket sounding or such other time as the Court may so designate. The submitted instructions and verdict forms shall include any of the Florida Standard Jury Instructions and verdict forms with appropriate adaptations for the specifics of the case. This paragraph shall not foreclose the right of each party to request modifications of the jury instructions and/or verdict form(s) based upon the evidentiary presentation at trial. Counsel/parties shall submit to the Court both an electronic version in Microsoft Word and a printed copy of the jury instructions and verdict form at docket sounding. Jury instructions shall be submitted in one agreed upon package in appropriate order of presentation, with any disputed instructions flagged for review and discussion. EXHIBITS. Listed below are all proposed exhibits. ALL EXHIBITS SHALL BE MARKED AND EXCHANGED AT LEAST FIVE FULL BUSINESS DAYS PRIOR TO DOCKET SOUNDING. All composite exhibits shall be satisfactorily marked and bound before presentation to the Court. Exhibits to be introduced which are larger than 8 ½ x 11” may be used at trial, but if practicable, same shall be reduced to 8 ½ x 11”, and the reduced size copy shall be the exhibit retained by the Clerk in the court file. Oversized exhibits, if reduced, shall be returned to counsel for their retention at the end of the trial. COURT REPORTING/RECORD. The Court does not provide a Court Reporter. If a party wants a record of the proceedings, it is the responsibility of that party to arrange for such services sufficiently in advance of trial and at their own expense. • CIVIL MAGISTRATE PAMELA BARGER Please be advised that as of October 26, 2022 hearings with Magistrate Barger for 45 minutes or less with be conducted via Zoom and can be scheduled through JACS. Hearings 60 minutes or longer, evidentiary hearings and non-jury trials may be conducted in person in the Collier County Courthouse • Please be advised that as of October 26, 2022 hearings with Magistrate Barger for 45 minutes or less with be conducted via Zoom and can be scheduled through JACS. Hearings 60 minutes or longer, evidentiary hearings and non-jury trials may be conducted in person in the Collier County Courthouse and MUST be scheduled through the Magistrate’s assistant. • Once the assigned Judge has signed the Order of Referral, please schedule your hearings with Magistrate Barger, following the procedures below. All hearings 30 minutes or less are to be scheduled through the Judicial Automated Calendaring System ("JACS"). Timeslots will be 10, 15, 20 or 30 minute increments. • or 30 minute increments. Hearings more than 60 minutes must be requested in writing and approved by the Magistrate before hearing time will be scheduled. The administrative assistant will contact the attorney's office to schedule these hearings. • You may not schedule back-to-back hearings to acquire a longer block of hearing time when using JACS (e.g. scheduling two 15-minute hearings to acquire 30 minutes, etc). If you schedule hearings improperly, the hearing(s) may be cancelled, sanctions may be assessed, and you may be blocked from the JACS system. • FOR THE COURT’S REVIEW. All family hearings scheduled for one hour or longer will be scheduled for an in-person court appearance. • THE MOTION TO VACATE. This change only applies to Family Hearings. All family hearings scheduled for 90 minutes or more will be scheduled for in-person appearance. If Parties are requesting a ½ day or longer hearing by Zoom their request must be put in writing and may be set for a status hearing. • put in writing and may be set for a status hearing. All evidentiary hearings scheduled for less than 90 minutes may be set in-person or by Zoom by the Magistrate’s office based on the particular issues. If Party(ies) are specifically requesting in- person or Zoom appearance the request shall be in writing. • Future Non-evidentiary Hearings: Any non-evidentiary hearings where the movant requests 15 minutes or less of hearing time may be held through Zoom application at the Court’s discretion. Parties requesting a hearing by Zoom must make the request at the time of scheduling. Beginning June 21, 2021, all non-evidentiary hearings scheduled for more than 15 • NON-EVIDENTIARY PROCEEDINGS All non-evidentiary hearings for which hearing time longer than 15 minutes is requested will be conducted in-person unless a party requests a hearing by Zoom. Parties requesting a hearing by Zoom must make the request at the time of scheduling. • Assistant for hearing time. Instructions for Telephonic Hearings 15 minutes or less: NO motion/order is required. Once the hearing is scheduled, you must contact the Judicial Assistant ASAP to provide a toll free number. The Judge calls from the bench. • in the absence of anything to the contrary, should email copies of any materials the participant intends to present to the court during the hearing to the court and opposing parties no later than 48 hours in advance of the hearing. 2.2. A court may allow a participant to share case law, documents, photos, or other • Non-Evidentiary Hearings All non-evidentiary hearings scheduled to be heard for less than thirty minutes will be conducted as remote proceedings. Pursuant to Rule 2.530 of the Florida Rules of Civil Procedure and the Florida Supreme Court acting in Case No. SC22-1, remote proceedings shall • Evidentiary Hearings and Trials All evidentiary hearings and trials scheduled to be heard for more than fifteen minutes will be conducted as in-person proceedings. Requests for remote appearances will be addressed on a case by case basis by a timely motion being filed and hearing if necessary pursuant to the • and time with the Court and between themselves. Such rescheduled hearings will not displace other scheduled hearings merely because the rescheduled date is to finish the hearing. Requests for hearing time in excess of two hours must be submitted in writing with an explanation as to the reasons for exceeding two hours. Any hearings scheduled by the parties that do not comply with the requirements previously stated shall be canceled. . • other scheduled hearings merely because the rescheduled date is to finish the hearing. Requests for hearing time in excess of two hours must be submitted in writing with an explanation as to the reasons for exceeding two hours. Any hearings scheduled by the parties that do not comply with the requirements previously stated shall be canceled. . • If required by the General Magistrate, the attorneys shall prepare a Recommended Order of General Magistrate. Failure to submit said Recommended Order of General Magistrate in a timely manner may result in sanctions being imposed by the presiding Circuit Court Judge. REVIEW OF THE REPORT AND RECOMMENDATION MADE BY THE GENERAL MAGISTRATE SHALL BE BY EXCEPTIONS FILED WITHIN 10 DAYS AFTER IT IS SERVED, AS PROVIDED IN RULE 1.490(i), FLORIDA RULES OF CIVIL PROCEDURE. ANY PARTY MAY FILE CROSS-EXCEPTIONS WITHIN 5 DAYS FROM THE SERVICE OF THE EXCEPTIONS. IF NO EXCEPTIONS ARE TIMELY FILED, THE COURT SHALL TAKE APPROPRIATE ACTION ON THE REPORT. IF EXCEPTIONS ARE TIMELY FILED, THE COURT SHALL RESOLVE THE EXCEPTIONS AT A HEARING ON REASONABLE NOTICE. Any party filing exceptions will be required to provide the Court with a record sufficient to support the exceptions, or the exceptions may be denied. A record sufficient to support exceptions may require a written transcript of the relevant proceedings. The record shall include the court file, designated portions of the transcript of proceedings before the General Magistrate, and all depositions and evidence presented to the General Magistrate. The designated transcript portions must be delivered to the Court and all other parties at least 48 hours before the hearing. If the party filing exceptions has less than a full transcript of the proceeding before the General Magistrate prepared, that party must promptly file a notice designating the portions of the transcript that will be transcribed, and the other parties must be given reasonable time after service of the notice to arrange for the preparation and designation of other portions of the transcript for the Court to consider at the hearing. Though civil proceedings before a Judge are not electronically recorded by the Court, parties are advised that civil proceedings before a Magistrate ONLY will be electronically recorded by the Court, or alternatively, any party may elect to provide a live Court Reporter at that party’s own expense. If a live Court Reporter is provided by a party, requests for transcripts must be submitted to that Court Reporter. If no live Court Reporter is provided by a party, a party may request an electronic certified copy of the proceeding on CD, at that party’s expense, and may then have the recording transcribed, at that party’s expense. Providing the Court with a copy of the CD, instead of a certified written transcript, is insufficient for review by the Court of exceptions. Media request forms, procedures, and fees, and a list of approved Transcriptionists are available on the Court’s website, www.ca.cjis20.org, or by calling the Court’s Electronic Court Reporting Department at 239-533-8207. DONE AND ORDERED in Chambers at Punta Gorda, Charlotte County, Florida. • Telephonic Pursuant to Fla.R.Jud.Admin 2.530, attorneys are allowed to appear Appearances telephonically for any non-evidentiary hearing less than 15 minutes in length. The following procedure is required for attendance by phone at a hearing • appearance will not be allowed for evidentiary hearings or trials unless otherwise as indicated herein. Persons unable to participate through the Zoom teleconferencing app must inform the Court in writing electronically (via email) no later than 72 hours prior to the Zoom hearing. All attorneys and pro se litigants must contact the Judge’s office by e-mail no later than 2 weeks • responsible to provide the meeting code to clients, court reporters, witnesses, interpreters and all other individuals they wish to participate in the Zoom hearing. The Court will attempt to send Zoom hearing invitations to attorneys and pro se litigants no later than 24 hours prior to the hearing. If you do not receive a Zoom invitation at least 24 hours prior to the hearing, please contact the Court’s Judicial Assistant. • individuals they wish to participate in the Zoom hearing. The Court will attempt to send Zoom hearing invitations to attorneys and pro se litigants no later than 24 hours prior to the hearing. If you do not receive a Zoom invitation at least 24 hours prior to the hearing, please contact the Court’s Judicial Assistant. • If a participant is unable to download the Zoom app, the participant must contact the Judge’s office no later than 72 hours prior to the hearing to provide a phone number for the Court to call at the time of the hearing. Any participant requesting to appear by phone shall be available at the hearing time and for all time thereafter until contacted to allow for multiple hearings on the same meeting.
If the Court gives me the authority to use the financial assets of the Ward for the benefit of the Ward, I will strictly comply with any limitations the Court places on the use of said funds. I also agree to keep all written records necessary to provide accountings that are required by law. If the Ward’s assets are placed into a restricted account, I will not attempt to gain access to the funds in said account unless the Court authorizes me, in writing, to withdraw said funds to pay expenses of the Ward, or the Court authorizes me to be reimbursed for the Ward’s expenses that I had previously paid with my own funds. I acknowledge that willful failure to comply with the above requirements (which specifically includes the failure to comply in a timely fashion) may subject me to penalties for contempt of Court, and may result in my removal as guardian and the imposition of other sanctions t
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46 verbatim courtroom requirements published by Judge Michael Rudisill.
16 verbatim courtroom requirements from Judge Jessica G. Costello's published division procedures.