Family Division 4 Information and Requirements. Regular office hours are from 8:30 am to 5:00 pm EST. Closed from 12:00 until 1:00 p.m.

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1 Diana L. Moreland Circuit Judge Gail Elliott Judicial Assistant Family Division 4 Information and Requirements Contact Information Office Hours: Courtroom: Regular office hours are from 8:30 am to 5:00 pm EST. Closed from 12:00 until 1:00 p.m. Proceedings are held in Courtroom 3E at the Manatee County Judicial Center, 1051 Manatee Ave West, Bradenton FL Mailing Address: PO Box 3000, Bradenton FL Telephone: (941) Fax: (941) The fax should be used for emergencies only, or with permission from the judicial assistant. Faxes are limited to ten pages. Any motion faxed to the judge must be faxed to all parties. familydiv4@jud12.flcourts.org s to the Court must be copied to all parties. Local Rules & Standards of Professionalism All attorneys must follow the Local Rules and the 12 th Judicial Circuit Standards of Professionalism, which are available via the internet at or NOTE: Local rules 5a and 5b regarding discovery motions are strictly enforced. Any discovery motions not in full compliance with these rules will not be heard. The Judicial Assistant cannot answer your legal questions, and will not explain your situation to the Judge. Your opportunity to speak to the Judge happens in Court only.

2 Scheduling Hearings General Rules: All motions shall be filed prior to reserving hearing time. An unlisted motion must have the exact name of the motion to be heard in the Notes section. Additionally, all motions to be heard shall be specifically listed in the Notes section on JACS. Any unlisted motion (without corresponding Notes section) will not be heard. Once a hearing is scheduled, no additional motions are to be added absent prior approval of opposing counsel and the Court. If multiple motions are being scheduled all motions shall be specifically listed in the Notes section on JACS. Any unlisted motions (without corresponding Notes section) on multiple motions will not be heard. Length of Hearing: Piggyback/Cross Notices Substitute motions: Courtesy Copies: Case Management: Hearings are limited to the time reserved. The scheduling party shall confer with opposing counsel and agree regarding the total time required. If unable for good cause to confer with opposing counsel, the party reserving and scheduling the hearing should determine how much hearing time they need and then double the estimate. It is recommended that 5 minute time slots be used for motions to withdraw, default, dispense with mediation or uncontested final hearings. Once a motion is scheduled via JACS or the Judicial Assistant, subsequent motions shall not be piggybacked or cross noticed, absent prior approval of opposing counsel and the Court. One scheduled time equates to one scheduled motion. Once a particular motion is scheduled via JACS or the Judicial Assistant, another motion shall not be substituted in the event the original motion is cancelled absent prior approval of opposing counsel and the Court. Copies of pleadings, memoranda of law, case law, notices of hearing, etc. must be received by the Court at least five (5) business days prior to the hearing. Please mail or hand deliver rather than faxing. If the courtesy copies have not been provided in a timely manner, the hearing may be cancelled without notice and will need to be rescheduled. Requests for Case Management Conferences must be in the form of a motion, filed with the Clerk of Court and served on opposing counsel/parties. The motion must specify the issues to be addressed at the conference. Fla.R.Civ.P (a).

3 Hearings 1 hour or less: All hearings 1 hour or less in length must be scheduled through the Judicial Automated Calendaring System (JACS). Available timeslots are 5, 15, 30 and 60 minutes. JACS can be accessed online at It is recommended that 5 minute time slots be used for motions to withdraw, defalt, dispense with mediation and uncontested final hearings. Do not set back to back hearings to obtain more hearing time. Hearings More Than All hearings estimated to last more than 1 hour must be scheduled 1 Hour: through the judicial assistant. Inmate Appearance: The attorney scheduling a hearing is responsible for notifying the bailiff s office 3 business days prior to the hearing if an inmate needs to be transported from the jail for a hearing. Failure to notify the bailiff s office will result in cancellation of the hearing. Domestic Violence Motions: All domestic, repeat, dating, sexual or stalking motions (other than the initial petition) are scheduled through the Judicial Assisant, not on JACS. Any injunction hearing scheduled on JACS will be cancelled. Relocation: Cancellation of Hearings: Emergency Hearings: An evidentiary hearing or nonjury trial on a pleading seeking temporary or permanent relief filed under F.S (shall be accorded priority on the court s calendar. JACS should be used to cancel hearings when possible. However, JACS will not authorize a cancelation when it results in short notice to the parties. When JACS does not permit a cancelation, the moving party shall cancel the hearing only by contacting the judicial assistant by telephone. The phone call shall be promptly followed by a Notice of Cancellation filed with the Clerk of Court and notice of the cancelation provided to all parties. EVERYONE IS ENCOURAGED TO PROMPTLY CANCEL THE HEARING SO THE TIME MAY BE REUSED. The filing of a Notice of Cancellation does not cancel the hearing in JACS. Emergency motions must be filed with the Clerk of Court and served upon opposing party, except in those rare cases which permit ex parte relief. All motions requesting emergency hearing time shall be delivered directly to the judge along with a cover letter. The motion shall be detailed and include the amount of hearing time required. The judge will review the motion and determine whether an emergency hearing is required.

4 Motions for Rehearing, DO NOT SET THESE FOR HEARING. All Motions for Reconsideration and Rehearing, Reconsideration or for New Trial are to be submitted New Trial: directly to the judge along with a cover letter. The motion should be detailed. The judge will review the motion to determine whether a hearing is required. Special Interrogatories: Interpreters: Special interrogatories submitted to the judge s office will be considered except in matters where less than shared parental responsibility is awarded. A final judgment may be entered without a hearing if all required paperwork is correct and in proper order. The person needing the interpreter or his/her attorney is responsible for scheduling the interpreter. The Court does not automatically schedule interpreters for you. Each scheduled court event must be scheduled separately, as one scheduled event does not automatically schedule an interpreter for the duration of the case. Requests for court interpreters should be made at least 5 business days in advance of the scheduled proceeding. Requests made with less than 5 business days notice may not be accommodated. In the case of less common languages, more time may be necessary to arrange for a qualified interpreter and/or a telephonic interpreting service may be used. Child Testimony: Testimony from children is not permitted unless the Court grants permission after a hearing on a Motion to Allow Child Testimony. The Court will not automatically honor stipulations for a child to testify in Court. Do not bring children to the Courthouse without prior approval. See Fla.R.Fam.P Telephonic Appearance/Video Conference Telephonic appearances are generally allowed on nonevidentiary hearings 15 minutes or less in length. The Court will not initiate the call. The attorney wishing to appear telephonically will call the judicial assistant at (941) at the scheduled hearing time. Requests to appear by phone must be in writing at least five (5) business days prior to the hearing. Please review Fla.R.Jud.Admin The motion and order must state the date time and subject of the hearing. Each party is responsible for preparing their own motion and order for telephonic appearance.

5 As more than one hearing is scheduled for the same time period, telephone hearings will be heard last. Conference Calls: Video Conference: The Court does not have the ability to accept more than one incoming call at a time. Therefore, if more than one person will be appearing telephonically, arrangements must be made for a conference call. If the parties cannot agree on who will initiate the conference call, the party first requesting to appear by telephone will be responsible for initiating the conference call. The Court should be contacted last at the scheduled time after all parties are on the line. The Court has the capability to offer video conferencing via WebEx for hearings. Please review Fla.R.Jud.Admin Requests must be in writing at least five (5) business days prior to the hearing. The motion and order must state the date, time and subject matter of the hearing, as well as the address for the participant. The conference participants will need an internet connection, a web camera attached to a PC for video, and PC speakers or telephone for audio. Agreed Orders The Court will not sign agreed orders without written proof of agreement or consent. Otherwise you must provide a cover letter with '5 day hold' language included or schedule the matter for hearing. Proposed Orders/Judgments Unless otherwise provided by Rule and/or Statute, it is mandatory that any and all proposed orders/judgments, and/or any other paperwork sent to the Court include a cover letter with a brief explanation of the enclosed document, and what is being requested from the Court. The face of the cover letter must indicate copies have been sent to all parties. Proposed orders/judgments must be accompanied with sufficient copies and self-addressed stamped envelopes for all parties. Proposed orders resulting from a hearing must indicate the date the matter was heard and what motions were heard. Proposed orders/judgments submitted for consideration without a hearing must also be accompanied with a copy of the motion. If you do not follow this procedure, the paperwork will be returned to your office. UNSIGNED ORDERS OR JUDGMENTS SHOULD NOT BE SENT TO THE CLERK S OFFICE FOR TRANSMISSION TO THE JUDGE.

6 Magistrate and Hearing Officer Child Support For purposes of child support, Fla.Fam.L.R.P permits appointment of a Support Enforcement Hearing Officer in proceedings for the establishment, enforcement or modification of child support. Administrative Orders and establishes that use of the Support Enforcement Hearing Officer is appropriate in both Title IV-D, as well as Non-Title IV-D cases. The Chief Judge has also issued Administrative Order which appointed General Magistrate David Caskey to serve as a Support Enforcement Hearing Officer. Finally, pursuant to Fla.Fam.L.R.P (d) and Heilman v Heilman, 596 So2d 1046 (Fla. 1992), neither consent of the parties, or an order of referral is required. Therefore, all Non-Title IV-D child support issues shall be scheduled before the Honorable David Caskey, sitting as acting Support Enforcement hearing Office. All Title IV-D child support issues shall be scheduled before the Honorable Charles Denton, sitting as Support Enforcement Hearing Officer. Orders of Referral are not required for hearings in same. Temporary Alimony, Time-Sharing and Related Contempt Hearings Unless an objection to General Magistrate is on file, all temporary alimony, time-sharing and civil contempt/enforcement issues shall be referred to the General Magistrate. The scheduling attorney shall submit a Motion and Order of Referral to General Magistrate, pursuant to Fla.Fam.L.R.P. for the following issues: Discovery Motions All discovery related issues such as compel, contempt re: discovery order, extend time, protective order, objection to interrogatories, objection to production, quash, sanctions re: discovery matters, and any additional discovery-related motion not listed; as well as motions directed to the pleadings, such as amend, strike, default, dismiss, intervene, set aside, etc. shall be scheduled before General Magistrate David Caskey. Discovery issues shall be in compliance with Local Rule 5. The scheduling attorney shall submit a Motion and Order of Referral to General Magistrate, pursuant to Fla.Fam.L.R.P.

7 Not Heard by Magistrate: The following motions are not heard by the Magistrate: Vacate Final Judgment, withdrawal of counsel, modify or dissolve domestic violence injunctions, and any trial related motions, strike witness/exhibit lists, continue trial, etc. Exceptions to Recommended Report of Magistrate The original exception must be filed with the Clerk and a copy furnished directly to the Court. The Court will then enter an Order for Transcript which will set forth deadlines to submit a transcript and have the Exceptions heard. Exception hearings are nonevidentiary and similar to an appeal. Trials Once the case is at issue, a Notice That Case Is At Issue and Ready for Trial is filed with the Clerk. A copy of the Notice shall be forwarded to the Judge s office. The Notice shall indicate the issue(s) to be tried, such as dissolution of marriage, modification of time-sharing, etc., how much time is required for the trial and whether requesting a magistrate or judge for the trial. The Court will then send out an Order Scheduling Case Management Conference. Currently Thursdays and Fridays have been set aside each week for trials. Trials will be individually scheduled with a date and time certain. If more time is needed, the Court will schedule accordingly. In no case (except where a Marital Settlement Agreement has been fully executed) shall a party schedule a final hearing/trial, no matter how short, without a Notice That Case Is At Issue and Ready for Trial. Trial weeks: Pre-Trial Memorandum: Commencing June 2018, trials will be scheduled on a one week trial docket, with a scheduling conference the Monday before the trial week. In all cases, parties shall confer at least ten (10) days prior to trial and complete a Joint Pre-Trial Memorandum. If the parties are unable to complete a Joint Pre-Trial Memorandum, they shall certify they have attempted and failed. Upon certifying failure to complete a Joint Pre-Trial Memorandum, each party shall complete his or her own Pre-Trial Memorandum. The Pre-Trial Memorandum shall have attached a fully executed Financial Affidavit for each party, a child support guideline worksheet where

8 applicable and an Equitable Distribution Matrix. Documents are available at either or Continuances: Trials are not continued by stipulation until a motion or stipulation stating the need for the continuance are received by the Court, the Court has reviewed same and the Judicial Assistant has notified the parties after the Court has made a determination. Pursuant to Rule 1.440(b) a notice for trial announces that the action is at issue and ready to be set for trial. Continuances to complete discovery or for other reasons that suggest that the action is not ready for trial at the time the notice of trial was filed and served will be strongly disfavored and may result in it not being placed on a trial docket. Pursuant to Rule 2.545(e), Florida Judicial Administration Rules, and Rule of the Florida Rules of Civil Procedure, motions for continuance shall be in writing and must be signed by the party, not just their counsel. The Court must approve stipulations to continue a trial, once the cause has been set on the trial docket. Mediation: Settlements: Final Judgments: Mediation is required prior to trial. Should a party desire NOT to participate in mediation, a motion will need to be filed and a hearing held. The judge s office shall be contacted immediately once a settlement has been reached. No Final Judgment after trial shall be submitted unless specifically requested by the Court. When requested, proposed Final Judgments shall be submitted in Word format. Parenting Classes Orders: All parties to a dissolution of marriage or a paternity proceeding with minor children are required by F.S to complete the Parent Education and Family Stabilization Course and file a Certificate of Completion prior to the entry of a final judgment. Orders to attend parenting course will not be entered. The law mandates time frames within which parents must expeditiously complete a DCF approved Parent Education and Family

9 Stabilization Course. It is the responsibility of counsel to ensure their client has completed this course and a Certificate of Completion is on file. Non-Compliance: Correspondence or Internet Courses: If one party has not complied at the time of the final hearing by filing a Certificate of Completion, the non-complying party may be limited to supervised time-sharing until compliance. If both parties have not complied, the hearing will be cancelled. A DCF approved course through correspondence or the internet may be used. If you wish to take advantage of such course, you must make a written request to the judge. The requesting party is responsible for preparing their own motion and order.