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43 verbatim requirements from the procedure documents published under "Judge James E. Kallaher".
Fourth Judicial Circuit, Clay County. Procedural information only; not legal advice.
Verbatim from the documents linked under "Judge James E. Kallaher" on https://www.jud4.org/ex-parte-dates-judge-s-procedures/clay-judges, harvested 2026-07-25; whitespace normalised only. • This checklist shall be completed and e-filed with your Petition. • The homestead property was not validly devised by will, or the decedent died intestate, and the following has occurred: ☐ There are descendants of the decedent and the surviving spouse is electing a life estate. ☐ There are descendants of the decedent and the surviving spouse is electing to take the homestead interest as a tenant in common within 6 months of the decedent’s death, or within 30-day extension period, and during the surviving spouse’s lifetime. ☐ There are descendants of the decedent, but no surviving spouse. ☐ There is a surviving spouse, but no descendants of the decedent. • If the Petitioner is represented by counsel, only counsel must complete the applicable Certification Clause. • If the Petitioners is pro se then the applicable Certification must be completed by the Petitioner. • The examination must not be referred to in front of the jury as an "independent medical exam." • Requests for an examination must set forth the time, place, manner, conditions, and scope of the examination as well as the name of, and the qualifications of, the person conducting the examination with some specificity. • If examinations under these rules are requested such written request should be made no later than 70 days before the pretrial date to allow time for objections, hearings on same, and an opportunity to reset the examination. • P. 1.360(a)(1)(A) must be filed no later than 30 days from the written request assuming service of process has occurred at least 15 days prior to the request being served. • The objections must state the specific reasons for the objections. • A hearing must be immediately requested on any objection filed. • P. 1.360(a)(1)(B) must be obtained with an order from this Court, or with a written agreement of all parties. • The date and time of the examination must be coordinated with opposing counsel. • If the attorneys can not agree on a mutually convenient date for the examination to occur within 20 days of the request, the Court, upon written motion, will pick the date without consultation with counsels' calendars. • Out of county examinations must be approved by the Court but only after an evidentiary hearing and the proper record having been made. • Tsutras to say that the examination must be at a "reasonable place," not that it required plaintiff to return to forum especially after -- 2 of 6 -- he had already come to Florida for a deposition]; • Co., 566 So. 2d 529 (Fla. 1st DCA 1990) (requesting party must obtain records through normal discovery process). • Written intake forms or histories that are deemed necessary by the examiner must be provided to counsel for the party to be examined no later than seven (7) days prior to the exam. • These forms can be reviewed by counsel and completed by the party to be examined and must be brought to the office of the examiner on the day of the exam. • If the person to be examined is not fluent in English and if the examiner is not fluent in the language of the person being examined, a certified interpreter must be utilized to interpret the examination. • The party being examined should arrive no later than 15 minutes before the start time of the examination. • Examinations which have been scheduled for a specific time should commence within 30 minutes of that time. • Retained experts must be produced for discovery deposition without the necessity of a subpoena. • If specific items are to be brought to the deposition by the retained expert witness, opposing counsel must be notified well in advance of the deposition. • P.1.360(b) a "detailed written report" will be issued by the examining physician or healthcare provider and provided to all counsel no later than 14 business days after the day of the examination. • The party requesting the examination shall also provide to opposing counsel, at the time the examination is scheduled, no less than three dates when the examiner will be available for oral deposition. • Should any of the dates be within 14 days of the examination the above referred to report shall be provided to deposing counsel no later than 5 days before the deposition date. • Any changes of opinions or conclusions based on new information must be made known to opposing counsel immediately, a revised or supplemental report provided and dates for updated depositions must also be provided. • However, the Court does require full payment to be remitted to the examiner no later than 10 business days from receipt of the invoice from the examiner's office. • Motions must appear on Clerk’s docket prior to requesting hearing time. • Please do not file a notice of hearing until hearing confirmation is provided. • Cancellation of Hearing should be emailed to brewerm@clayclerk.com. • Hearing location: • Counsel shall inform the Court at the time of scheduling whether they are scheduling a non-evidentiary hearing and wish to schedule an in-person or Zoom hearing hosted by the Court. • Counsel shall file a notice of hearing within 3 days of hearing confirmation that meets all requirements of Rule 2.530(b), including the specific form of communication technology and directions for access. • All other remote hearing requests: • For non-evidentiary hearings exceeding 30 minutes, evidentiary hearings, trials, and requests for presentation of testimony through communication technology, a motion is required pursuant to Rule • All proposed orders must be entered no less than one week prior to hearing so that court calendars may be printed and published without further changes. • Submission of Evidence. • Evidence for Zoom hearings shall be delivered to the Court a minimum of five (5) business days prior to hearing. • Motions and Proposed Orders – Civil • All motions must be consented to or set for hearing. • Motion to Compel require strict compliance with First Amened Administrative • Order No. 88-2. • Agreed/Consented/Stipulated Orders must show consent on the face and contain signatures of all parties. • Motions to Set for Trial / Lengthy Hearings • Motions to set are currently considered by email and set for hearing, if needed. • Motion to Withdraw requires consent or at least a non-objection to the form of order from all parties; otherwise, a properly noticed hearing is required. • Hearings over 1 hour: • Counsel shall agree upon the motions to be heard and length of time needed or request a hearing on a motion to set. • Following consultation with counsel, a courtesy copy shall be provided to the JA along with a trial set memo, preferred trial week (schedule on website), and name/e-mail of preferred mediator. • Rules of Civil Procedure, counsel for the moving party shall confer with counsel for opposing party in a good-faith effort to resolve by agreement the issues raised, and shall file with the court at the time of filing of the motion a statement certifying that he or she has so conferred with opposing counsel and that counsel have been unable to resolve the dispute. • The Pre-Trial Conference shall be attended by Lead Counsel for the parties, or the party if pro se. • This checklist shall be completed and e-filed prior to submission of the Order for
This checklist shall be completed and e-filed with your Petition.
Reviewer note: Page sha256: 2a4d274fd16955060e38f246d86bfb10bcf96384a2f0d91ea4b3197b7287f06a. Requirements taken from the judge's own procedure documents' text layers.
Judge Bell caps motions and responses at 5 pages for UMC hearings and 12 pages for special-set hearings.
Judge Alijewicz requires every motion for attorney's fees and/or costs to attach a document detailing time records — no records, no fee award.
Judge Corlew bars informal contact: every communication with the Court must be in writing, filed with the Clerk, with copies furnished to all parties — and no calls to the JA to schedule or cancel UMC.