Securing Emergency, Expedited or Extended Hearing Time The Court recognizes that there are times when emergency, expedited or extended hearing time is necessary and appropriate, and strives to make hearing time available to parties on short-notice as follows: Prerequisites & Procedures for Emergency & Exigent Circumstance Motions. (1) Detailed, Sworn Motion. If a party believes there is a good faith factual basis for an expedited hearing without prior mediation, that party shall file a detailed, sworn motion that includes the following information: the basis for the Court s personal and subject matter jurisdiction; the issues that need to be resolved on an expedited basis; the factual basis for the exigent circumstances; that the moving party first conferred with opposing counsel and the parties were unable to resolve the issue or there was no response; the basis for waiving any required mediation; whether this matter should be heard by the Magistrate; the amount of time needed for both sides to present their case. Verification Form STATE OF FLORIDA COUNTY OF SARASOTA VERIFICATION BEFORE ME, the undersigned authority, personally appeared [Movant], who, after being duly sworn, deposes and says: I have reviewed the foregoing facts set forth in the motion regarding emergency or exigent circumstances and find the same to be true and correct and I understand that I am swearing or affirming under oath as to the truthfulness of each and every claim made in the motion. I also understand that I am subject to penalties and punishment for knowingly making any false statements. FURTHER AFFIANT SAYETH NOT. Signature of Movant: SWORN TO AND SUBSCRIBED before me this [date] by [Movant] who is [ ] personally known to me or [ ] produced a valid identification and who did take an oath. Signature of Notary: My Commission Expires: (2) Submission of Motion. The moving party must e-file the original motion and Verification Form with the Clerk, provide a copy to opposing counsel, and, after contacting the JA, submit a copy to the Court via the Court s Division 1 email. The Court may direct the opposing party to submit a written response by a Court-set deadline. After reviewing the motion and the response, the Court will determine whether an
Securing Emergency, Expedited or Extended Hearing Time emergency or exigent circumstances exist to justify an expedited hearing without mediation and enter an Order advising the parties how to proceed. Prerequisites & Procedures for Motions that Require Extended Hearing Time. Extended hearing time is any hearing longer than one hour. Extended hearings may only be scheduled with the JA s assistance and the Court s prior approval. The moving party must first submit a copy of the motion to the Court via the Court s Division 1 email along with a cover letter that sets forth the agreed amount of hearing time needed. If the parties cannot agree on the time needed, the letter should state each sides estimated time and reasoning. Hearing Time For Hearings under One Hour Please Check JACS First. Parties may schedule hearings one hour or less using JACS (Judicial Automated Calendaring System) without first contacting the Judicial Assistant. If one hour hearing time is not available within the time desired, please consult with opposing counsel and choose three dates where the parties could be available (morning or afternoon) for a one hour hearing before contacting the Judicial Assistant by telephone at (941) 861-7933. Hearing Time During Administrative Weeks. The Court has dedicated the hearing time below for emergency, expedited or extended hearings during administrative weeks. Please consult with opposing counsel and choose three potential hearing times before contacting the Judicial Assistant by telephone at (941) 861-7933 or the Division 1 email at to reserve hearing time. Before requesting specific hearing time, please ensure that all necessary preparations can be timely-made and witnesses secured. Hearing Time During Trial Weeks Check Division 1 s Posted Trial Docket. In addition to the hearing time set aside by the Court during administrative weeks, for additional hearing time, please check the Court s trial schedule, as published on the Division 1 web page at www.jud12.flcourts.org/home/attorney/circuitfamilydivisionsarasota.aspx The trial calendar is updated as trials are set or canceled and shows available trial dates that could also be used for emergency, expedited or extended hearings. Court s Standing Order re Emergency, Expedited or Extended Hearing Time. Once hearing time is set, the Court will enter an order setting the hearing and directing all attorneys and parties to abide by the Court s Standing Order re Emergency, Expedited or Extended Hearing Time. A copy of that order is included in this attachment. IF ALL ELSE FAILS... CONTACT THE DUTY JUDGE. For absolute emergencies when the Court is unavailable and the issue must be addressed immediately, please contact Court Administration at (941) 861-7800 and request the Duty Judge for immediate assistance.
Standing Order re: Emergency, Expedited or Extended Hearing Time This Standing Order for Emergency, Expedited & Extended Hearings is incorporated by reference into the Court s Order Setting Emergency, Expedited or Extended Hearing Time. All attorneys and parties are must to abide by the requirements set forth below. I GENERAL REQUIREMENTS A Local Rules, Standards of Professionalism and Good Faith Certifications In all pre-trial and trial conduct, attorneys shall comply with the Local Rules and Standards of Professionalism of the Twelfth Judicial Circuit, and Judge Berlin s requirements, all of which are available on Judge Berlin s web page on the Twelfth Judicial Circuit s web site at www.jud12.flcourts.org. B Division 1 E-Mail Address All electronic communication with the Court must be sent by email to CirFamDiv1@Jud12.FlCourts.org The opposing side must be copied to avoid ex parte communication with the Court. All e-mail must include the relevant case numbers in the subject line, for example: 2014 DR 001234 SC Extended/Emergency Hearing Materials Attached II SPECIFIC REQUIREMENTS A Witness Availability for Trial Parties shall ensure that witnesses will be available for the selected hearing date. Subpoenas should be issued once a hearing date is certain. B Submission of Pre-Hearing Memorandum At least two business days prior to the pre-hearing conference, each party shall submit a Pre-Hearing Memorandum to the Court via the Division 1 email and the opposing party. A sample Pre-Hearing Memorandum is attached to this Order and is available in Word format for downloading at the Division 1 webpage at www.jud12.flcourts.org/home/attorney/circuitfamilydivisionsarasota.aspx C Mandatory Appearance at Pre-Hearing Conference Attorneys and litigants are required to appear in person at a 15-minute pre-hearing conference generally one to three days before the hearing. D Settlements Petitioner s attorney shall notify the Court within one business day of a settlement or cancellation to allow the Court to remove the hearing from the Court s calendar and open up that time for other cases as soon as possible.
Standing Order re: Emergency, Expedited or Extended Hearing Time II SPECIFIC REQUIREMENTS E Continuances This Court strictly adheres to Fla.R.Jud.Admin 2.545(e) and Fla.R.Civ.P 1.460. Opposed continuance may be granted upon a showing of good cause, such as an emergency or other unanticipated event. Parties agreeing to continue a hearing must submit a stipulation to the Court that (1) sets forth good cause based on detailed reasons for the continuance, (2) is signed by all attorneys and litigants, and (3) includes a separate proposed order either continuing the case to a Case Management Conference, new hearing date, or removes the case from the Court s hearing docket until further notice of the parties. III PERSONS WITH DISABILITIES In accordance with the American With Disabilities Act, persons needing a reasonable accommodation to participate in this proceeding should, no later than seven (7) days prior, contact the Clerk of Court Jury Office at (941) 861-8000, Post Office Box 3079, Sarasota, Florida, 34230. If hearing impaired, contact (TDD) 1-800-955-8771 via Florida Relay Service. IV SANCTIONS Failure to comply with this Standing Order for Emergency & Extended Hearings shall subject any attorney or party to potential sanctions, including but not limited to the cancelation hearing. ORDERED in Sarasota, Sarasota County, Florida, on January 6, 2017. DONNA PADAR BERLIN Circuit Judge
Hearing Date Pre-Hearing 9:00 am Emergency, Expedited or Extended Hearing Time Docket Time Available May 23 May 21 2:30 pm 4:30 pm Reserved or Available 2013 DR 003759: Busi v. Busi (Crary / Coyne) 2015 DR 002387: McKay v. Osborne (Pro Se / Casciola) May 24 May 21 2:30 pm 4:30 pm 2017 DR 001252: Denham v. Denham (Poole / J. Young) May 25 May 21 9:00 am 4:30 pm 2017 DR 005403: Meister v. Meister (Loftus / Ostman) June 2018 June 6 June 4 2:30 pm 4:30 pm Available June 7 June 4 2:30 pm 4:30 pm Available June 8 June 4 9:00 am 12:00 pm Available 2:00 pm 4:30 pm Available June 20 June 18 2:30 pm 4:30 pm 2015 DR 002669: Beckwith v. Milligan (Baily / Pro Se) Trial Continuation June 21 June 18 2:30 pm 4:30 pm Available June 22 June 20 9:00 am 1:00 pm 2014 DR 004809: Brambilla v. Land (Schipani / Drumm) 2:00 pm 4:30 pm Available July 2018 July 18 July 16 2:30 pm 4:30 pm 2017 DR 001870: Crea v. Gayner (Schipani /Kowtko) July 19 July 16 2:30 pm 4:30 pm 2002 DR 002408: Jacobson v. Jacobson (Ostman / Halvorson) July 20 July 16 9:00 am 4:30 pm 2017 DR 006048: Kravitz v. Sprouse (Kleinberg / Daniels) August 2018 August 1 July 30 2:30 pm 4:30 pm Available August 15 August 14 2:30 pm 4:30 pm Available August 29 August 27 2:30 pm 4:30 pm 2017 DR 004611: Nichols v. Nichols (Wade / Rudd) August 30 August 27 2:30 pm 4:30 pm Available
Emergency, Expedited or Extended Hearing Time Docket September 2018 September 12 September 11 2:30 pm 4:30 pm Available September 13 September 11 2:30 pm 4:30 pm Available September 14 September 11 9:00 am 4:30 pm 2012 DR 002667 NC: Nelson v. Nicholson (Murphy / A. Flaherty) October 2018 October 10 October 8 2:30 pm 4:30 pm Available October 11 October 8 2:30 pm 4:30 pm Available October 12 October 8 9:00 am 4:30 pm 2013 DR 007026: King v. King (Lundy / A. Flaherty) November 2018 No extended hearing time currently available December 2018 December 5 December 3 2:30 pm 4:30 pm Available December 6 December 3 2:30 pm 4:30 pm Available December 7 December 3 9:00 am 4:30 pm Available December 19 December 17 2:30 pm 4:30 pm Available December 20 December 17 2:30 pm 4:30 pm Available December 21 December 17 9:00 am 4:30 pm Available