Circuit Civil Division H-1 Information And Requirements

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1 KIMBERLY C BONNER Contact Information Office Hours: Regular office hours are from 8:30 AM - 5:00 PM The office is closed for lunch daily from 12:00 PM to 1:00 PM Courtroom: Proceedings are held in Courtroom J, 2 nd floor at the R L Anderson Administration Building, 4000 South Tamiami Trial, Venice, Florida Mailing Address: 4000 South Tamiami Trail, Venice, Florida Telephone: (941) Please DO NOT CALL the judicial assistant without first reading these requirements To inquire about the outcome of a hearing, please consult the Clerk s website at wwwsarasotaclerkcom Fax: Bonner H1 JA- (941) (fax should be used for emergencies only and only after receiving permission from the judicial assistant) CirDivisionH@jud12flcourtsorg The Circuit for courtesy copies (incoming only) Parties may submit proposed orders via with copies to the opposing party See Page 5 dkeenan@jud12flcourtsorg only after receiving permission from the court CIRCUIT Website: wwwjud12flcourtsorg Case Assignments: Beginning June 1, Circuit Civil, Guardian, Probate, and Family Local Rules & Standards of Professionalism: All attorneys must follow the Local Rules and 12th Judicial Circuit Standards of Professionalism, which are available via the internet at wwwsarasotabarcom or wwwjud12flcourtsorg Courtesy Copies: Court files will not be available at motion hearings The scheduling attorney is requested to furnish the judge with copies of the Notice of Hearing, Motion, and all pertinent portions of any documents or pleadings referenced in the Motion These documents should be furnished three (3) days prior to the date of the hearing to ensure review Faxing is not permitted, except in rare instances (less than 10 pages) Scheduling Hearings: Twelfth Judicial Circuit Page 1 of 6 03/4/18

2 KIMBERLY C BONNER Hearings Under 1 Hour: Hearings More Than One Hour: All hearings 1 hour or less in length must be scheduled through the Judicial Automated Calendaring System ( JACS ) Available timeslots are 15, 30 & 60 minutes JACS can be accessed on the website Please do not combine hearing times All hearings estimated to last more than one hour must be scheduled by telephoning the Judicial Assistant Uniform Motion Calendar Check the Website for available UMC DATES On the UMC dates Judge Bonner s hearings begin at 9:00 AM UMC motions are to be unopposed, non-evidentiary and 5 minutes or less in length These hearings are not scheduled through the Judicial Assistant or through JACS The hearings will generally be taken in the order arrival No telephone appearances are permitted and no court files are available Attorneys are to bring a copy of the motion and notice of hearing and any case law for the Judge Counsel will comply with Florida Rules of Civil Procedure All dates for the Uniform Motion Calendar are listed on the website Residential Mortgage Foreclosure UMC s will not be heard on the South County UMC Calendar dates Emergency Hearings: Motions for Rehearing, Reconsideration, New Trial: All motions requesting emergency hearing time shall be faxed or delivered directly to the assigned judge, accompanied by a cover letter The motion should be detailed, and include the amount of hearing time needed and the nature of the emergency The judge will review the motion and determine whether an expedited hearing is required Emergency Hearings will be coordinated through the Judicial Assistant DO NOT SET THESE FOR HEARING: All Motions for Rehearing, Reconsideration, or for New Trial, are to be submitted directly to the judge, along with a cover letter The motion should be detailed The judge will first review the motion to determine whether a hearing is required Cancellation of Hearings JACS should be used to cancel hearings whenever possible However, JACS will not authorize a cancellation when it results in short notice to the parties When JACS does not permit a cancellation, the moving party may cancel a hearing by contacting the judge s judicial assistant by telephone The phone call shall be promptly followed by a Notice of Cancellation filed with the Clerk of Court and faxed to the judge s chambers In any event, when a hearing is canceled, the moving party shall promptly provide notice of the cancellation to all parties Telephonic Appearances: Twelfth Judicial Circuit Page 2 of 6 03/4/18

3 KIMBERLY C BONNER General Information: Toll Free Only: Telephonic appearances ARE NOT ALLOWED at UMC Motions, Docket Sounding or at Case Management Conferences Telephone appearances ARE ALLOWED on non-evidentiary hearings, 15 minutes or less in length The Court initiates the call when ready The attorney must provide a phone number on the JACS system, as well as on the Notice of Hearing, where the party can be called There are multiple hearings scheduled at the same time, and telephone hearings are usually taken last, therefore your hearing may not be at the exact hour When the judge is ready for your hearing, the court will place a call to the toll free number provided A toll-free number is requested for non-local calls, otherwise the party may be directed to call the JA and the call will be transferred into the courtroom Collect calls will not be placed from the Courtroom Conference Calls: The court does not have the ability to call more than one phone number at a time If more than one person would like to appear by phone, the parties must make the necessary arrangements for a conference call to take place The attorneys must provide a conference call phone number and login details on the JACS system, as well as on the Notice of Hearing Probate: In addition - See Probate Guardian requirement under separate section: As of 1/01/17, Submissions to the Probate Coordinator are no longer necessary and are NOT to be ed to the Probate Division address Originals pleadings should be e-filed and proposed orders should be forwarded to the judge along with copies of the motions/stipulations All matters requiring the Clerk s Audit must be e-filed for their review/audit Probate/Guardian Matters requiring hearings may be set by using the JACs system Probate hearings will not have a designated day Guardianship matters requiring the Clerk s Audit must be e-filed for their review/audit Motions That Must Be Heard By Magistrate Bailey: Referral to Bailey: The judges of the Circuit Civil Divisions require attorneys to Magistrate schedule certain motions before Magistrate Deborah A Bailey The scheduling attorney must prepare and forward an Order of Referral with the appropriate number of copies and stamped/addressed envelopes to the Twelfth Judicial Circuit Page 3 of 6 03/4/18

4 KIMBERLY C BONNER assigned judge for signature, unless an Order has previously been entered The form Order of Referral is available on the website Scheduling Hearings Before the Magistrate: Scheduling is to be done through JACS after obtaining the signed Order of Referral (If an objection has been filed, the motion should be set on the Division Judges calendar) HEARINGS REQUIRED TO TAKE PLACE BEFORE THE MAGISTRATE The following is a list of motions that are to be scheduled with Magistrate Bailey In addition to discoveryrelated motions and motions directed to the pleadings, there is a list of miscellaneous motions that Magistrate Bailey has been hearing, and will continue to hear The List Below Is Not All Inclusive If you should have a motion NOT listed below that is either discovery related or directed to a pleading, that motion should also be scheduled in front of the magistrate The only time one of these motions is to be scheduled in front of the assigned judge is if an Objection to Referral to Magistrate has been filed Discovery-Related Motions: Compel, Contempt re: Discovery Order (other than ex-parte), Extend Time, Objections to Interrogatories, Objections to Production, Protective Order, Quash Sanctions (re Discovery Matters), Any Additional Discovery-Related Motion Not Listed Motions Directed to Pleadings: Add/Drop Parties (including substitution of parties), Amend, Default, Default Final Judgment, Dismiss, Intervene, Judgment on Pleadings, More Definite Statement, Strike, Any Additional Motion Directed To Pleadings Not Listed Miscellaneous Motions: Abate, Compel Arbitration, Confirm Arbitration, Compel Mediation, Discharge Lis Pendens, Quash Service, Sever, Transfer Jurisdiction/Venue, Vacate/Set Aside (On Non-Trial related issues Withdrawal of Counsel: May be heard by magistrate or assigned judge MOTIONS NOT HEARD BY MAGISTRATE: Vacate Final Judgment, Summary Judgment, Writ of Possession any Trial Related (includes Motions in Limine, Strike witness/exhibit lists, Continue Trial Dates All Case Management Conferences are set before the Judge using order/master calendar dates Submitting Orders for Signature Following Hearing Following a hearing, the Court will often ask the prevailing attorney to draft a proposed order Do not e-file proposed orders When sending the order to the Judge (with copies and envelopes for all parties), the cover letter should state when the order was sent to the other parties, and if all parties have approved the order Twelfth Judicial Circuit Page 4 of 6 03/4/18

5 KIMBERLY C BONNER Attorneys must confer prior to sending an order to the judge If not an agreed order, please note the points of disagreement or advise the Court that more than one order is being submitted You may submit proposed orders by All instructions above pertain to proposed orders that are ed to the court The court prefers the parties provide stamped addressed envelopes for mailing signed orders to the parties If ing proposed orders, include addresses not just addresses Please use the circuit address CirDivisionH@jud12flcourtsorg The court will not consider ex-parte communication, therefore, all communication sent to the court by must be copied to the opposing parties before the matter will be considered Proposed orders may also be submitted on a disc Setting a Case for Trial: IMPORTANT NOTES: 1 Telephonic appearances and motion hearings are not permitted at Case Management Conferences, Pre-Trial Conferences or at Docket Sounding 2 See the Master Trial Calendar located on the website for Case Management, Jury Trial, Non- Jury Trial, Pre-Trial Conference and Docket Sounding dates and times 3 Forms, orders and information regarding trials are available on the website Case Management Conference (CMC): When a case is at issue and ready for trial, Counsel is responsible for selecting a case management date from the website, and preparing an Order Setting Case Management Conference The order, along with copies for conforming and stamped, addressed envelopes should be submitted to the court for signature The parties are required to appear at the Case Management conference unless a fully executed Stipulation For Trial and Order Setting Case for Jury Trial or Non-Jury Trial, are prepared by counsel and submitted to the court for signature AT LEAST Two (2) business days prior to the hearing Pre-Trial Conference (PTC): The Order Setting Case for Jury Trial contains a pre-trial conference date Attendance at the Pre-Trial Conference is optional if the joint Pre-Trial Conference Order is submitted to the court at least Three (3) business days prior to the hearing PROCEDURES ON DAUBERT MOTIONS/MOTIONS IN LIMINE A party which intends to file a Daubert challenge shall notify the court no later than the pre trial conference All Daubert hearings must be held prior to trial Some Daubert issues will require extended evidentiary hearings; therefore, all counsel are advised to plan ahead as Daubert matters will not be addressed after the deadlines set forth by the court absent a showing of good cause The court Twelfth Judicial Circuit Page 5 of 6 03/4/18

6 KIMBERLY C BONNER will typically schedule these hearings on the Friday prior to the trial period if the JACS calendar does not provide sufficient time Please contact the judicial assistant to schedule Motions in Limine that are expected to be contested and/or require lengthy argument should be filed no later than the pre trial conference If the motions cannot be accommodated on the regular JACS motion calendar prior to trial, the court will typically address them the Friday before trial to avoid delay in jury selection Please contact the judicial assistant to schedule The court will not address untimely Motions in Limine absent a showing of good cause Mandatory Docket Sounding: Docket Sounding is a mandatory appearance for all counsel Circuit Civil Procedures, Forms, and Calendars Please refer to the Circuit Civil Information Sarasota County section on the home page of the 12 th Judicial Circuit for links to the following documents and forms: Procedures and Protocols Case Management Protocol Pretrial Protocol for Non-Jury Trials Pretrial Protocol for Jury Trials Civil Forms Case Management Order Stipulation for Trial Period Jury Trial Information Statement Order Setting Case for Non-Jury Trial Order Setting Case for Jury Trial Pretrial Conference Order Pretrial Conference Order (Major Trials) Ex parte Discovery Motions and Orders Trial Dockets will be posted following docket sounding or as soon as practicable Twelfth Judicial Circuit Page 6 of 6 03/4/18

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