STATE OF FLORIDA Ninth Judicial Circuit of Florida

Transcription

1 Chad K. Alvaro Circuit Judge STATE OF FLORIDA Ninth Judicial Circuit of Florida Counties of Orange and Osceola 425 N. Orange Avenue, Suite 1125 Orlando, Florida Hearing Room / Courtroom 18 B Shenise Baker Judicial Assistant ctjasb1@ocnjcc.org The following Guidelines are hereby adopted for those practicing in the Circuit Civil Division 39 in Orange County, Florida before Judge Chad K. Alvaro. REVISED AND EFFECTIVE September 1, Page 1 of 11

2 A. HEARINGS. 1. Setting of Hearings. 2. Attorney Telephone Hearings. 3. Video Conference Appearance. 4. Cooperation of Counsel/Unilateral Setting of Hearings. 5. Emergency Hearings. 6. Ex Parte/Short Matters. 7. Foreclosure Cases. 8. Discovery Motions. 9. Motions in Limine MIL. 10. Hearing Notebooks, Legal Memoranda, and Citations. 11. Limitation on Hearings. 12. Orders and Rulings of the Court. 13. Hearings on Motions for Rehearing, Reconsideration, or New Trial. B. SETTING OF TRIALS. 1. Notice for Trial. C. CASE MANAGEMENT CONFERENCE/COMPLEX LITIGATION. 1. Case Management Conferences. D. PRE-TRIALS. 1. Purpose. E. SETTLEMENT OR RESOLUTION. 1. Notice of Settlement. F. TRIALS. 1. Location. 2. Courtroom Etiquette and Decorum. 3. Cell Phones and Cameras, Etc. 4. Trial Briefs. 5. Voir Dire. 6. Opening and Closing. 7. Exhibits. 8. Demonstrative Aids. 9. Objections. Page 2 of 11

3 A. HEARINGS 1. Setting of Hearings. 1 a. Hearing time may be obtained by using the Judicial Automated Calendaring System JACS as follows: i ii iii iv v Select Civil Division 39 from the menu at the bottom of the page. Choose from available hearing times. Coordinate the date with opposing counsel or pro se parties. Contact the Judicial Assistant by at ctjasb1@ocnjcc.org with a copy to opposing counsel/pro se litigants for the hearing to be added to the docket. Your hearing time is not confirmed until you receive confirmation from the Judicial Assistant. b. Should counsel, their staff, or pro se litigants fail to respond to a request to coordinate hearing time within 3 business days, or refuse to cooperate in obtaining or in setting a hearing, the difficulty should be specifically set forth either in the motion or in the Notice of Hearing. See Admin. Order c. Your Notice of Hearing must comply with the various requirements of Admin. Order This order mandates the inclusion of a Certificate of Compliance with the meet and confer requirement for certain types of motions. d. In addition to filing the Notice of Hearing with the Clerk of Court, hearing materials notice of hearing, motions/responses, legal authority, etc. must be furnished to the Judicial Assistant via U.S. Mail or hand delivery no later than three 3 business days prior to the hearing. See also 10 below. e. Additional motions must not be piggy-backed by cross-notice unless counsel first confirms with opposing counsel and the Judicial Assistant that sufficient additional time can be reserved in which to hear them. Please note that only the party setting the hearing may cancel the hearing. 2. Attorney Telephone Hearings. a. Attorneys may appear by phone on non-foreclosure cases if there is no testimony or evidence presented and the hearing is less than thirty 30 minutes. b. A motion and order is required for all telephonic appearances. Proposed orders granting motions for telephonic appearances must contain the following language: Counsel appearing telephonically shall call five minutes prior to the start of the hearing. 1Also see Administrative Order at which mandates the filing of a Certificate of Compliance as a condition precedent to many types of hearings prior to their being heard by the Court. Page 3 of 11

4 c. The party making a telephonic appearance is responsible for calling in. If multiple parties are appearing by telephone, it is the scheduling attorney s responsibility to arrange and place the conference call. d. Telephonic appearances are not available for: i Ex Parte/Short Matters; ii Lack of Prosecution hearings; iii Pre-Trial Conferences; or, iv Foreclosure hearings/trials. See Admin. Order No Video Conference Appearance. a. Contact the Judicial Assistant for information about appearing by video conference. 4. Cooperation of Counsel/Unilateral Setting of Hearings. a. If opposing counsel does not cooperate when coordinating hearings, the requesting party may unilaterally set a hearing giving at least two weeks notice to the opposing counsel who failed to cooperate or respond. 5. Emergency Hearings. a. Counsel may contact the Judicial Assistant for an emergency hearing where the circumstances warrant it, and the following will apply: i ii iii iv The body of the motion must contain a detailed explanation of the circumstances constituting the emergency. The motion must contain a Certificate of Emergency wherein counsel of record certifies that he or she believes the facts and circumstances to constitute an emergency for which immediate hearing time is required and understands that designating a matter as an emergency may result in the Court cancelling or rescheduling other matters both professional and personal so as to accommodate the parties. The motion must be ed to the Court before a hearing will be set. The Judicial Assistant will contact counsel to set a hearing if the Court determines that emergency relief is warranted based on the description and certification contained in the motion. In light of the short setting, opposing counsel may attend the hearing via telephone if their schedule will not allow them to appear in person. 6. Ex Parte/Short Matters. a. Ex Parte and Short Matters are uncontested or very brief 10 minutes max. hearings held Monday through Thursday at 8:30 a.m. b. If no matters remain pending at 9:00 a.m. on trial weeks and 9:30 a.m. on hearing weeks, ex parte/short matters will close. Page 4 of 11

5 c. Telephonic appearances are not permitted at Ex Parte/Short Matters. d. Hard copies of motions to be heard, along with the notice of hearing and any hearing materials, must be provided to the Court at least 72 hours prior to the hearing. 7. Foreclosure Cases. a. Most foreclosure hearings can be scheduled for ex parte/short matters. Longer hearings should be set in accordance with the procedures set forth in Discovery Motions. a. Discovery motions motions to compel, motions for protective order, etc. must be set for hearing to bring the matter to the Court s attention. The mere filing of a motion is insufficient. b. Any motions filed but not set for hearing will be considered abandoned. c. All such motions must comply with the Florida Rules of Civil Procedure including, but not limited to, a certification of a good faith attempt to resolve that matter without court action. See Fla. R. Civ. P a 2 and Admin. R d. The filing of a motion for protective order, without attempting to set it for immediate hearing, is insufficient to protect from any discovery requested. e. The Court will make itself available for telephonic hearings on ore tenus motions made during the course of depositions so that depositions do not need to be terminated prior to their conclusions in order to obtain rulings. 9. Motions in Limine MIL. a. Before setting any MIL, counsel must meet either and confer on each and every requested Motion in Limine. See Admin Order b. Subsequent to the meeting referred to above, counsel filing the MIL shall prepare and file a stipulation indicating in writing which of the items in the MIL is agreed to by the opposing party and signed by the opposing party. c. Counsel filing the MIL shall submit to the Court a written memorandum of law, with supporting case law, 1 identifying each item in the MIL that has not been agreed to by opposing counsel at the meet and confer, and 2 setting forth any arguments and case law in support of the disputed items in the MIL. d. Opposing counsel will have five 5 business days to file a written response if they wish. e. The Court will review the memoranda and responses thereto, if any, and either 1 rule on the MIL, or 2 set the MIL for hearing. f. No additional case law will be considered that has not been set forth in the previously Page 5 of 11

6 submitted memoranda or responses unless that case law was decided subsequent to the submittal of the memoranda or responses. g. Any MIL not timely filed and timely set for hearing will be considered abandoned. h. The party filing the MIL will prepare the proposed order on any contested hearing reflecting the Court s rulings. i. All rulings on MIL are non-final orders subject to modification during trial as evidence is presented. See Fla. Stat j. MIL may not be scheduled for a hearing unless they contain a certification of a good faith attempt as to each item to resolve the matter without court action. Notices of hearing on MIL must specifically identify the specific issues which remain in controversy after counsel has conferred. k. All of the foregoing is designed to avoid the parties taking valuable hearing time only to stipulate at the hearing to the majority of the items for which rulings in limine have been sought. Hearing time on MIL is reserved for truly disputed evidentiary rulings. 10. Hearing Notebooks, Legal Memoranda, and Citations. a. Hearing notebooks, legal memoranda or briefs, along with hard copies of the significant cited authorities, must be provided to the Court at least three 3 business days before the hearing. b. The foregoing materials may be provided on a flash drive or other electronic data storage device or hard copy the Court will accept either and has no particular preference. Please do not fax or these items. For ease of reading, the Court appreciates case law in Original Image format available through most services i.e., the case appears just like it would in the hard bound reporter, but does not require it. c. Counsel need not provide copies of cases cited for well-established and/or undisputed issues of law summary judgment standard, etc.. d. Case law and memoranda provided to the Court for the first time during the hearing may not in the Court s discretion be considered. e. The Court, on occasion, may rule on motions without a hearing. Therefore, counsel are encouraged to timely file written argument supporting and opposing their positions with the Court. 11. Limitation on Hearings. a. All hearings related to discovery or trial matters must be filed and heard prior to the pretrial conference. b. NO MOTIONS DIRECTED TOWARDS MATTERS INVOLVING THE TRIAL WILL BE HEARD DURING THE ACTUAL TRIAL PERIOD absent extraordinary circumstances. Page 6 of 11

7 12. Orders and Rulings of the Court. a. If counsel are asked to prepare an order, the order should be drafted and circulated within three 3 working days and must be submitted to the Court within seven 7 days of the hearing, with a copy to opposing counsel. b. Proposed orders should be submitted to the Court in Word format via to 39orange@ninthcircuit.org. The foregoing address should be utilized for the submittal of orders only after a hearing has occurred. The submitting a proposed order must be copied to all parties to the case, and should specifically indicate whether the form and/or content of the order is agreed or not. c. All orders must describe, in the caption, the subject and ruling of the court, i.e. Order Granting Plaintiff s Motion for Partial Summary Judgment on Liability. See Fla. R. Civ. P c 1. If Agreed Orders are provided, the title must indicate the substance of the order in addition to the indication that it is an agreed order. d. If the parties bring proposed orders to the hearing, please make certain that 1 a copy is provided to opposing counsel; 2 the party has stamped, addressed envelopes; and 3 the caption contains more than the word order. e. If the parties are unable to agree on the form of the order, both sides shall present their proposed orders to the Court for consideration within the seven 7 days of the date of the hearing. f. Proposed agreed orders should be mailed to chambers with a cover letter indicating opposing counsel agrees to the content and form of the order and stamped, addressed envelopes for all parties. 13. Hearings on Motions for Rehearing, Reconsideration or New Trial. a. Upon filing one of the foregoing motions, please send a copy directly to the Judge for review. b. The Court will either i rule without a hearing, ii direct that a written response be filed by opposing counsel, or iii direct the JA to contact the moving counsel to schedule a hearing. 1. Notice for Trial. B. SETTING OF TRIALS a. A case is set for trial when a party files a notice for trial. Fla. R. Civ. P b. Counsel may request in their notice for trial, after consultation with opposing counsel, an agreed requested trial period that will allow sufficient time to complete discovery and facilitate out of court resolution. Page 7 of 11

8 c. If no trial period is requested in the notice for trial, the Court will issue an Order Setting Status Hearing to Determine Trial Date setting a status hearing and providing upcoming available trial dockets. The parties may agree to a trial docket and notify the Court in writing and the hearing will be cancelled. If no agreement can be reached amongst the attorneys, attendance at the hearing by the lawyers trying the case is mandatory. d. The Court issues a Uniform Order Setting Case for Trial; Pre-Trial Conference and Requiring Pre-trial Matters to be Completed in every case when setting the trial and pretrial conference pursuant to Fla. R. Civ. P Please remember that the fact that a case is still in the discovery stage does not prevent the filing of a notice for trial or prevent the Court from setting the pre-trial and trial. e. In the event the Court issues a Uniform Order Setting Case for Trial pursuant to a notice for trial without agreement of the parties, and either party believes that the trial date will not allow sufficient time to complete discovery, counsel should immediately move the Court for a status hearing and/or case management conference. Delays in advising the Court that there is not sufficient time to complete discovery, or that a conflict exists, may be considered a waiver of any objection to the trial date. 1. Case Management Conferences. C. CASE MANAGEMENT CONFERENCE/COMPLEX LITIGATION a. The Court will schedule certain cases for a formal Case Management Conference CMC and issue an order setting forth the matters to be covered at the conference. Certain cases may be deemed Complex Litigation pursuant to Fla. R. Civ. P Where so designated the procedures set forth under Rule will apply. b. Any case can be considered for a Case Management Conference by the filing of a written request with the Judicial Assistant. Once case managed, the action will be controlled, not only by the Pre-Trial Order, but also by any resulting Case Management Order s. 1. Purpose. D. PRE-TRIALS a. Pre-trials will be utilized to set the order of the trial docket, discuss witness problems, jury instructions issues, audiovisual equipment needs, need for interpreters, time allotment for voir dire, opening and closing, responsibility for obtaining the court reporter, and other trial related issues. b. Motions to continue, or discovery motions, will not be heard at the pretrial conference as these matters must have been raised and heard well before the pretrial conference. c. Pursuant to both the Uniform Order and most case management orders, discovery closes the day prior to the pretrial conference. Parties should essentially be ready to try their cases by the time of the pretrial conference. d. Parties shall bring to the Pre-Trial Conference a completed copy of the Pre-Trial Check Page 8 of 11

9 List and Order Controlling Trial which can be obtained on request for the Judicial Assistant. Copies will also be available outside the hearing room at the time of the pretrial conference. e. In person attendance at the pretrial conference by the attorneys who will try the case is mandatory. Substituted appearance by counsel other than trial counsel at the pre-trial conference is not permitted. The pretrial will usually last 20 to 30 minutes. 1. Notice of Settlement. E. SETTLEMENT OR RESOLUTION a. Plaintiff s counsel has the duty to immediately notify the Court of any settlement or resolution of any matter or of any parties to any matter, on the trial docket. However, the trial will not be removed from the actual docket, is subject to trial call, and the attorneys must appear, until such time as the Court receives written notice that the matter has been fully resolved. 1. Location. F. TRIALS a. Trials will take place in Courtroom 18-B unless otherwise indicated. Attorneys should check with the Judicial Assistant the day before the trial to confirm the actual courtroom that will be used. b. Counsel and their clients are to be in the courtroom and ready for trial no later than 9:00 a.m. Depending on other emergency matters, trial will commence at 9:00 a.m. or as soon thereafter as possible. 2. Courtroom Etiquette and Decorum. a. The Ninth Judicial Circuit Courtroom Decorum Policy is incorporated herein in its entirety. 3. Cell Phones, Communication Devices, and Cameras. a. Cell phones must be turned off or in the silent mode when in the courtroom. If it is necessary to make or take phone calls, please step out of the Courtroom. b. Witnesses will not be permitted to possess any type of communication device while on the witness stand. c. No photographs or recording, video or otherwise is permitted within the courtroom unless specifically permitted by the Court after formal request is made. 4. Trial Briefs. a. If a trial brief is to be filed with the Court it must be submitted to chambers in hard copy Page 9 of 11

10 5. Voir Dire. no later than three 3 business days before the trial is to commence. a. The Court will conduct a preliminary voir dire of the jury. Counsel are welcome to request that the Court initially explore certain areas of inquiry that may be important to the trial but sensitive in nature. b. Counsel are reminded to be considerate of the jurors personal lives during their inquiries as well as the jurors time constraints. c. While the Court will afford counsel significant latitude in questioning, the Court will limit repetitive questions. Counsel shall not attempt to explore the facts of their case nor explain the law that may apply in the case, nor attempt to curry favor with the venire. d. Time limits agreed to by the parties during pretrial will be enforced. 6. Opening and Closing. a. Only demonstrative aids or exhibits marked by the clerk, agreed to by all counsel or approved by the Court, may be used in either opening or closing. b. The Court will discuss with counsel the time requirements for both opening and closing at the pretrial conference and will expect that a reasonable estimate be provided by counsel. Counsel are expected to adhere to these time constraints. c. If Power Point presentations are to be used, a hard copy must be filed with the Court to create an appellate record. Further, unless the Power Point content is simply verbiage that could otherwise have been written on a large pad, the content must have been exhibited to opposing counsel prior to its presentation to the jury so any objections may be dealt with in advance of its use. 7. Exhibits. a. All exhibits are to be marked for identification by the clerk with tags provided by the clerk of court prior to the day of trial. Exhibits are marked for identification alphabetically Ex. A, Ex. B, Ex. C, etc.. Once admitted into evidence, they are marked numerically Plaintiff s Ex. 1, Plaintiff s Ex. 2, Plaintiff s Ex. 3, etc.. Counsel should ensure that adequate copies of exhibits placed in binders or bound where possible, are available for the witness, the Court, and opposing parties. b. Exhibits which will be stipulated into evidence, or which are not objected to, may be marked into evidence as exhibits. c. Once exhibits are marked in evidence or are offered but not admitted, they become the property of the Clerk of Court and may not be altered or removed from the courtroom without order of the Court. No exhibits are to be published or exhibited to the jury until admitted into evidence and/or authorized by the Court. Audiovisual and/or equipment questions should be addressed to the Ninth Circuit s Technology Support department at Page 10 of 11

11 8. Demonstrative Aids. a. Any demonstrative aid that is to be used at trial must be marked by the clerk and exhibited to opposing counsel and the Court prior to the week of trial. b. The Court will hear argument of any counsel opposing the use of the demonstrative aids prior to the trial week. 9. Objections. a. The Court will not allow speaking objections in front of the jury; only the legal basis for the objection should be stated. If elaboration is necessary the Court will call counsel to the Bench for a Bench Conference out of the presence of the jury. b. Once the Court has ruled, no further argument shall be permitted. Matters addressed at sidebar are not to be repeated in front of the jury. Page 11 of 11