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4 verbatim requirements on continuances.
Eighth Judicial Circuit — DIVISION/CIRCUIT-WIDE - Probate only. Practices change without notice; the court's own published text controls. Procedural information only; not legal advice.
• d. The Federal estate tax return (if required) and the "Notice of Federal Tax Return Due" e. Any litigation pending or contemplated and the "Notice of Civil Action" f. The distribution of assets and payment of claims g. The final accounting and petition for discharge h. Any matter that prevents the estate from being closed i. Estimate of the time when the estate will be ready for closure and for each related civil action the status report shall also include the status of: (aa) Pending motions (bb) Pending discovery (cc) Anticipated date of mediation (dd) Anticipated date of trial (ee) Estimate of the time needed to conclude the litigation 3. Status reports th at are timely filed and that show good cause for continuance of the case management conference may be grounds to continue the case management conference at the discretion of the court. If the court finds good cause then the case management conference will be continued. It is the responsibility of the attorney for the personal representative to contact the court's law clerk to confirm the continuance of the case management conference. The court will sanction parties who fail to appear for case management where the parties have failed to confirm continuance of the hearing. On estates where an order of discharge has been docketed prior to the case management conference, the estate will be automatically removed from the case management calendar. 4. No motions or petitions or issues other than case management of the estate may be scheduled for hearing during the case management conference, unless specifically authorized by the court. 5. Cases rescheduled for case management upon a continuance may be further continued by filing status reports as set forth above. AO 7.01 (v1) Page 2 Probate Case Management Effective: November 29, 1995 • AO 7.01 (v1) Page 3 Probate Case Management Effective: November 29, 1995 6. The court has the discretion to continue case management for such time as the court deems appropriate to allow sufficient time for the estate to be properly administered. 7. The Clerk of Court shall report to the court all cases where the inventory is past due and the court shall order the personal representative and the personal representati ve's attorney to appear before the court to show cause why the inventory was not filed as required by law. Where the inventory in such cases is filed 10 days prior to the scheduled compliance hearing, the case will be removed from the calendar. 8. Administrative Order 6.690(A), titled Directing Compliance With Probate Code and Rules of Probate Procedure, is hereby rescinded and superseded by this order. This order renumbers and reformats prior Administrative Order No. 6.690(B) entitled “Case Management of Probate Cases.” ORDERED ON this 5th day of October, 2012 nunc pro tunc November 29, 1995. Robert E. Roundtree, Jr., Chief Judge • 4. Education . Within one year of becoming a professional guardian, each professional guardian must receive a minimum of 40 hours of instruction through the Statewide Pubic Guardianship Office and a minimum of 16 hours of continuing education every 2 calendar years after the year of meeting the initial requirement. The expenses of these educational requirements may not be paid with the assets of any ward. This requirement does not apply to licensed Florida attorneys in good standing. § 744.1085, Fla. Stat. 5. Credit Investigation . Professional guardians are required to submit to a credit investigation at their own expense. To comply with this requirement each professional guardian shall apply for a credit report with a recognized credit reporting agency. Some recognized credit agencies are Equifax, Transunion and Experian, however this list is not exhaustive. The professional guardian shall file the credit report with the clerk of court, who shall file the credit report in the guardian’s professional guardian file. Every two years after the date of their appointment professional guardians must resubmit a credit investigation at their own expense. § 744.3135, Fla. Stat. 6. Criminal Investigation . Professional guardians are required to submit to a security background investigation as required under section 435.04, Florida Statutes. The clerk of court will obtain fingerprint cards and make them available to guardians. The guardian is responsible for getting fingerprints taken and forwarding the fingerprint card and the necessary fee to the Florida Department of Law Enforcement for processing. The results of the fingerprint checks will be forwarded to the clerk of court who shall maintain the results in the professional guardian file. Every 2 years after the date of their appointment professional guardians must undergo a background screening as required by section 435.03, Florida Statutes. § 744.3135, Fla. Stat. 7. Expenses and Fees . The professional guardian shall be responsible for bearing the expense of obtaining the credit report, getting fingerprinted, and having the criminal investigation done. The professional guardian is also required to pay a filing fee to each clerk of court where the guardian is serving as a professional guardian. None of these expenses or fees may be paid from the assets of any guardianship. • E. The court reserves the right to determine whether the estate qualifies for a simplified accounting. Where the guardian has filed a simplified accounting and the court determines that the estate does not qualify for a simplified accounting, the guardian shall file the full accounting required by §744.3678, Fla. Stat. II. BUDGETS AND EXPENDITURES A. Guardians have the power pursuant to §744.444(8), Fla. Stat., to pay for reasonable living expenses for the ward. Pursuant to this power, guardians who are required to make such payments shall file a budget on an annual basis setting forth the monthly living expenses of the ward. An order approving such a budget is authorization to make the budgeted expenditures without further order of court and is a determination that the budgeted expenses are reasonable. Attorneys fees, guardians fees or other professional fees must be petitioned for separately and cannot be approved as budget expenditures. B. Expenditures that are not categorized as reasonable living expenses must have court approval pursuant to §744.441, Fla. Stat. The guardian shall follow the procedures set forth in §744.447, Fla. Stat., and Fla. Probate R. 5.630, unless there is an emergency, in which case the expense may be ratified by the court. If the court denies ratification of an expenditure the guardian shall reimburse that expenditure to the guardianship. III. SELECTION OF ACCOUNTING YEAR The volume of guardianship cases in Alachua County necessitates fiscal year accounting for more efficient utilization of audit and court resources. Unless otherwise ordered in individual cases, all accountings are hereby ordered to be filed on a fiscal-year basis, which begins on the first day of the month following the date the letters were issued. A petition for authorization to file accountings on a calendar-year basis must allege good cause and may be granted upon a showing of good cause within the discretion of the court. IV. CLERK'S DUTIES A. Verified Inventory. The Clerk of Court or the Clerk's auditor (“auditor”) shall audit
d. The Federal estate tax return (if required) and the "Notice of Federal Tax Return Due" e. Any litigation pending or contemplated and the "Notice of Civil Action" f. The distribution of assets and payment of claims g. The final accounting and petition for discharge h. Any matter that prevents the estate from being closed i. Estimate of the time when the estate will be ready for closure and for each related civil action the status report shall also include the status of: (aa) Pending motions (bb) Pending discovery (cc) Anticipated date of mediation (dd) Anticipated date of trial (ee) Estimate of the time needed to conclude the litigation 3. Status reports th at are timely filed and that show good cause for continuance of the case management conference may be grounds to continue the case management conference at the discretion of the court. If the court finds good cause then the case man
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1 verbatim requirement on continuances in JEREMY I. FRANKER's division.
1 verbatim requirement on continuances.
Judge Weiss: case law and memos to chambers five business days before the hearing, and every exhibit a party intends to use listed on a notice of discovery and provided to the other side five business days out.