Judge Lisa S. Small
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Courtesy Copies
Exhibits
Filings > 25 pages
- Mail • No Less Than 48 Hours After Hearing
Motion To Appear Remotely
Courtesy copies
Court-wideAdjournments
- Absent an emergency, a written continuance motion for a specially set hearing must be filed at least one week beforehand, obtain Court approval, and state all parties' agreement or objection or explain meet-and-confer efforts.
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Document Format Requirements4 rules
Each proposed exhibit must be numerically pre-marked for identification.
Each proposed exhibit must be pre-marked for identification purposes numerically.
Proposed exhibits exchanged under the exhibit-exchange requirement must be in PDF format.
No less than 48 hours prior to each hearing, the parties must exchange all proposed exhibits which they intend to reference during the hearing, by email in .pdf format.
The exhibit set should include any items that might be used for impeachment or other testimonial purposes.
Exhibits should include any items which might be used for impeachment or other testamentary purposes.
For an agreed case plan, each party may submit a separately signed copy rather than signing one physical document.
Signatures are not required to be on the same physical document. Each party can submit copies of the same document with their signatures.
Document Filing Requirements40 rules
Absent good cause and prior Court approval, the Court will not accept Agreed Orders approving case plans in dependency matters.
In Dependency matters, absent good cause and prior approval by the Court, the Court will not accept Agreed Orders for Case Plan Approvals.
Document Type
Agreed Order
Every Notice of Hearing must certify good-faith efforts to confer with affected parties, with reasonable efforts requiring at least three meet-and-confer attempts.
In addition, all Notices of Hearing must include a certification by the moving party that either counsel has conferred with all pertinent parties who may be affected by the relief sought in the motion in a good faith effort to resolve the matter without a hearing or narrow the issues raised; or counsel has made reasonable efforts to confer with all pertinent parties but has been unable to do so. Reasonable efforts require at least three (3) good faith attempts to meet and confer by the moving party.
Document Type
Notice Of Hearing
In delinquency cases, Witness and Exhibit Lists must be exchanged before calendar call, and newly identified witnesses or exhibits require prompt disclosure and an explanation to the Court and parties.
Witness and Exhibit Lists: Witness and Exhibit Lists are to be exchanged prior to calendar call. Any party desiring to use an exhibit or witness which is not included on their initial Witness or Exhibit List must promptly give the Court and the parties a description of the exhibit, or the witness's name and contact information, and an explanation for the late discovery.
Document Type
Witness And Exhibit Lists
A party seeking to use an omitted witness or exhibit must promptly disclose the required information and explain the late discovery to the Court and all parties.
Any party desiring to use an exhibit or witness which is not included on their initial Witness or Exhibit List must promptly give the Court and the parties a description of the exhibit, or the witness's name and contact information, and an explanation for the late discovery.
Document Type
Late Disclosure Notice
A motion hearing request emailed to the Judicial Assistant and copied to all parties must include the case information, hearing estimate, anticipated witness count, and motion copy.
Upon the filing of a motion, an email request for a hearing must be sent to the JA, with a copy to all parties. Please include the case name and number, the amount of time anticipated for the hearing, the number of anticipated witnesses, and a copy of the Motion for the Court's review.
Document Type
Hearing Request
Absent party agreement, good cause, or prevention of manifest injustice, trial use is limited to witnesses and exhibits disclosed in the initial lists.
Absent specific agreement by the parties or a showing of good cause or prevention of manifest injustice, the parties will be limited at trial to the witnesses and exhibits disclosed in their initial Witness and Exhibit Lists.
Document Type
Witness And Exhibit Lists
Agreed jury instructions must be emailed to the Judicial Assistant at least 48 hours before trial; disputed instructions must instead be submitted in the parties' alternative formulations.
Jury Instructions: Agreed Jury Instructions are to be emailed to the JA no later than 48 hours prior to the first day of trial. If the parties do not agree on instructions, they must send alternative instructions to the Court.
Document Type
Jury Instructions
An Agreed Order must use the specified title, identify the agreeing parties and attorneys, state the factual and legal basis, and explain priority review if time-sensitive; incomplete orders are returned.
All Agreed Orders are to be entitled "Agreed Order" with the subject matter of the order. In addition, the Agreed Order must include: 1) a listing of all parties and attorneys of record agreeing to the relief sought in the Order; and 2) the factual and legal basis for the relief sought. If the Agreed Order is time-sensitive, include the basis for priority review in the Order. Submissions of Agreed Orders that do not include this information will be returned for re-submission.
Document Type
Agreed Order
In dependency cases, Witness and Exhibit Lists must be filed and exchanged within one week after trial setting and must contain the specified witness, expert, business-record, and judicial-notice information.
Witness and Exhibit Lists: To be filed and exchanged no later than one (1) week after the trial-setting hearing. Witness Lists shall include the names, positions, and contact information of each potential witness. They shall also identify any potential expert witnesses and their areas of expertise. Exhibit Lists shall include all Business Records and Notices of Intent to Introduce Business Records; and all records for which Judicial Notice is sought and Notices of Intent to rely upon those records.
Document Type
Witness And Exhibit Lists
After a hearing or trial, the prevailing attorney ordinarily prepares the proposed order, the Department prepares it in dependency matters, and it must be circulated to all parties for accuracy before submission unless the Court orders otherwise.
After the Court has ruled at a Hearing or Trial, unless otherwise ordered by the Court, the attorney for the prevailing party shall prepare a proposed Order. In Dependency matters, unless otherwise ordered by the Court, the Department of Children and Families shall prepare a proposed Order. The proposed Order shall be circulated to all parties for accuracy prior to submission to the Court.
Document Type
Proposed Order
A proposed order must be titled "Order," state its subject, list those present, summarize admitted evidence and testimony when applicable, and accurately recite the Court's factual and legal findings; incomplete submissions are returned.
All proposed Orders are to be entitled "Order" and include the subject matter of the order. In addition, the Proposed Order must include: 1) a listing of all parties and attorneys of record who were present at the hearing; 2) if evidence was taken, a recitation of each exhibit admitted, and the names and positions of all witnesses with a summary of testimony; and 3) an accurate recitation of the factual and legal findings of the Court. Submissions of Proposed Orders that do not include this information will be returned for re-submission.
Document Type
Proposed Order
The parties must meet and confer, jointly draft, and file a Joint Case Brief within four weeks after trial setting containing the specified sections, with pertinent case law emailed to the Judicial Assistant by the same deadline.
Joint Case Brief: To be filed no later than four (4) weeks after the trial-setting hearing. The parties are ordered to meet and confer regarding the Joint Case Brief, which shall be drafted jointly and include:Statement of the Case: A concise, impartial and accurate statement of facts. Procedural History: A listing of those items in the court docket that may be pertinent at trial. Order of Proof: A joint proposed order of witnesses and evidence to be presented at trial. Stipulations: All stipulated facts that require no proof at trial and can be read into the record. Issues: A statement of issues of law and fact that the parties agree will need to be determined at trial. Case Law: Any case law pertinent to legal issues which may arise at trial is to be emailed to the JA no later than four (4) weeks after the trial-setting hearing.
Document Type
Joint Case Brief
A party requesting a remote appearance must file a written Motion to Appear Remotely at least three days before the hearing and provide courtesy copies electronically to the Judicial Assistant and all parties.
Effective September 1, 2024, all hearings will be IN PERSON. Any party requesting to appear remotely MUST file a written Motion to Appear Remotely, no less than three (3) days prior to the hearing with a courtesy copy of the Motion being provided to the Judicial Assistant via email (CAD-DivisionJM@pbcgov.org or CAD-DivisionJA@pbcgov.org), as well as all parties.
Document Type
Motion To Appear Remotely
The moving party must submit through OLS a proposed order containing the Court Zoom information.
It is the Moving party's responsibility to submit a proposed order (via OLS) with the Court Zoom information in the proposed order.
Document Type
Proposed Order
The moving party must confer about the remote-appearance request and disclose in the motion whether any party objects.
Parties must confer and advise the court in the motion if any party objects to the motion.
Document Type
Motion To Appear Remotely
Every hearing notice, subpoena, summons, and other official hearing notice must identify the courthouse location.
All Notices of Hearings, subpoenas, summons, and any other official notice of any hearing shall include the courthouse location, and shall also clearly state that the hearing is to be conducted remotely via Zoom.
Document Type
Hearing Notice
A notarized consent signed by the parent must be submitted to the divisional JA and filed before the arraignment court date.
No appearance is necessary if a CONSENT signed by the parent and notarized is submitted to the divisional JA and filed prior to the arraignment court date.
Document Type
Consent
The consent must use standard language stating that the consent is freely and voluntarily given and that the parent conferred with counsel.
The CONSENT must include the standard consent language, including that the consent is given freely and voluntarily, and must state that the parent has conferred with counsel.
Document Type
Consent
A proposed agreed order for case plan approval must be submitted to the divisional JA within one week of the original approval hearing date.
A proposed Agreed Order for Case Plan Approval must be submitted to the divisional JA within one week of the original case plan approval court date.
Document Type
Proposed Order
The proposed order must state the agreement to reset the case plan approval hearing and identify the divisional JA-approved reset date, time, and location.
The proposed order must include: a. that there is agreement to reset the case plan approval hearing and the agreed reset date, time, and place (remote and/or physical location) previously approved by the divisional JA;
Document Type
Proposed Order
The proposed order must state that each parent's counsel notified the client of the reset date and advised the parent of the consequences of failing to attend.
that each parent’s counsel has notified his/her client of the reset date, and that the parent has been advised that a failure to attend the reset date may be considered their refusal to sign the case plan, and that the Court may approve the case plan without their consent.
Document Type
Proposed Order
When parents have remote-appearance issues, their attorneys must file a motion at least 48 hours before the PCA hearing identifying the issues and presenting compliant appearance alternatives.
If there are issues with remote appearance for parents, then at least 48 hours prior to the PCA date, parent attorneys are to file a motion advising the Court and parties of the specific issues and present appearance alternatives in keeping with directives of the Florida Supreme Court, the Fifteenth Judicial Circuit, and federal, state and local government advisories regarding COVID-19.
Document Type
Motion
When respondents have remote-appearance issues, DCF or the respondent must file a motion at least 48 hours before the injunction hearing identifying the issues and presenting compliant appearance alternatives.
If there are issues with remote appearance for Respondents, then at least 48 hours prior to the Injunction hearing date, DCF and/or the Respondent is to file a motion advising the Court and parties of the specific issues and present appearance alternatives in keeping with directives of the Florida Supreme Court, the Fifteenth Judicial Circuit, and federal, state and local government advisories regarding COVID-19.
Document Type
Motion
After the hearing date is confirmed with the divisional judicial assistant, the filing party must file a Notice of Hearing containing a good-faith narrowing-and-resolution affirmation, hearing date and time, and remote hearing information.
After a date has been confirmed with the divisional JA, the filing party shall file a Notice of Hearing. The Notice shall include an affirmation that the parties have made a good faith effort to narrow and resolve the issues prior to setting it for hearing. The Notice shall also include the date, time and remote hearing information.
Document Type
Notice Of Hearing
When the parties agree that a matter must be reset, the filing party must file a proposed Agreed Order Resetting Motion and Notice of Hearing stating a new date and time confirmed by the divisional judicial assistant, with all parties included on communications.
If the parties agree that a matter needs to be reset, the filing party shall file a proposed Agreed Order Resetting Motion and Notice of Hearing, with a new date and time confirmed by the divisional JA. All parties are to be included on any communications with the divisional JA.
Document Type
Proposed Agreed Order Resetting Motion
When a dependency matter is resolved without a hearing, the filing party must file a Notice of Cancellation and promptly email the divisional JA.
If the parties are able to resolve the dependency matter without a hearing, the filing party shall file a Notice of Cancellation and email the divisional JA as soon as possible so that calendar time can be freed up on the divisional calendar.
Document Type
Notice Of Cancellation
All parties must file a Response to the Objection within 48 hours of the Objection’s filing.
All parties must file a Response to the Objection within 48 hours of the filing of the Objection.
Document Type
Response To Objection To Remote Hearing
Attorneys must give dependency hearing clients the Zoom information and assist clients and potential witnesses with accessing Zoom.
ATTORNEYS ARE RESPONSIBLE FOR NOTICING THEIR CLIENTS WITH THE ZOOM INFORMATION FOR THEIR HEARINGS, AND FOR ASSISTING THEIR CLIENTS AND ANY POTENTIAL WITNESSES WITH ACCESSING THE ZOOM APPLICATION.
Document Type
Client Hearing Notice
A dependency remote-hearing objection must state the constitutional, statutory, or unsuspended-rule conflict or the technological or emergency-related staffing infeasibility of remote conduct.
The Objection shall note 1) how the remote conduct of the proceeding is inconsistent with the United States or Florida Constitution, a statute, or a rule of court that has not been suspended by administrative order; or 2) how remote conduct of the proceeding would be infeasible because the court, the clerk, or other participant in the proceeding lacks the technological resources necessary to conduct the proceeding or, for reasons directly related to the state of emergency or the public health emergency, lacks the staff resources necessary to conduct the proceeding.
Document Type
Objection To Remote Hearing
A party objecting to a remote adjudicatory hearing must file a written Objection to Remote Hearing within 72 hours of the hearing being set.
If any party objects to an adjudicatory hearing proceeding remotely, within 72 hours of the adjudicatory hearing being set, the party shall file an Objection to Remote Hearing, in writing.
Document Type
Objection To Remote Hearing
If the parties resolve a matter without a hearing, the filing party must file a Notice of Cancellation and email the divisional JA as soon as possible.
If the parties are able to resolve a matter without a hearing, the filing party shall file a Notice of Cancellation and email the divisional JA as soon as possible
Document Type
Notice Of Cancellation
A Notice Resetting Hearing for a disposition hearing must include remote appearance information, including specific Zoom hearing information, and the child’s detention status, including expiration of any fifteen-day detention period.
the new hearing date. Notice must include remote appearance information, including specific Zoom hearing information. The Notice must also include the child’s detention status, including the expiration of any fifteen (15) day detention period.
Document Type
Notice Resetting Hearing
A Notice Resetting Hearing for another delinquency docket matter must include remote appearance information, including specific Zoom hearing information, and the child’s detention status, including expiration of any twenty-one-day detention period.
the new hearing date. Notice must include remote appearance information, including specific Zoom hearing information. The Notice must also include the child’s detention status, including the expiration of any twenty-one (21) day detention period.
Document Type
Notice Resetting Hearing
A Notice of Hearing for a contested motion must affirm that the parties made a good-faith effort to narrow and resolve the issues and must include the hearing date, time, and remote-hearing information.
The Notice shall include an affirmation that the parties have made a good faith effort to narrow and resolve the issues prior to setting it for hearing. The Notice shall also include the date, time and remote hearing information.
Document Type
Notice Of Hearing
When parties agree that a motion matter needs a reset, the filing party must submit a proposed agreed order resetting the motion and a notice of hearing with a new date and time confirmed by the divisional JA.
f. Resets: If the parties agree that a matter needs to be reset, the filing party shall file a proposed Agreed Order Resetting Motion and Notice of Hearing, with a new date and time confirmed by the divisional JA. All parties are to be included on any communications with the divisional JA.
Document Type
Proposed Order
If a delinquency matter is resolved without a hearing, the filing party must file a Notice of Cancellation and email the divisional JA promptly, copying all parties.
f. Cancellations: If the parties are able to resolve the delinquency matter without a hearing, the filing party shall file a Notice of Cancellation and email the divisional JA as soon as possible so that calendar time can be freed up on the divisional calendar. All parties are to be included on any communications with the divisional JA.
Document Type
Notice Of Cancellation
A delinquency hearing notice must identify who will notify the child, provide specific remote Zoom appearance information, and state the child’s detention status and any expiration of a 21-day detention period.
i. The Notice must note that defense counsel is to notice the child for the new hearing date. Notice must include remote appearance information, including specific Zoom hearing information. The Notice must also include the child’s detention status, including the expiration of any twenty-one (21) day detention period.
Document Type
Notice Of Hearing
Notices of Hearing and Orders Setting Hearing must include the static Zoom information, except for TPR and adoption hearings.
This link will be the same for all hearings (with the exception of TPR and adoptions). The static zoom information above should be included in all Notices of Hearing and Orders Setting Hearing filed with the Court.
Document Type
Notices Of Hearing And Orders Setting Hearing
A party objecting to the proposed case plan must file written objections identifying the disputed tasks or issues and the basis for the objections.
If any party does not agree with the Case Plan proposed by DCF, then the party should file written Objections specifying which tasks or other issues are in dispute, and the basis for the objections.
Document Type
Objection
The parties must tell the divisional judicial assistant the expected length of the motion hearing and any other issues affecting court time.
The parties shall advise the divisional JA of how long the motion hearing is expected to last and any other issues potentially impacting Court time.
Document Type
Motion Hearing Notice
Filing & Service rules
Electronic Filing Rules
All orders must be submitted through the OLS application for Court review.
All Orders are to be submitted through the OLS application for the Court's review.
Page 1 | Orders
The proposed order for a remote-appearance motion must be submitted electronically through OLS.
It is the Moving party's responsibility to submit a proposed order (via OLS) with the Court Zoom information in the proposed order.
Page 1 | Remote Appearance Procedure
An Agreed Order may be emailed to Chambers for review when all pertinent parties agree.
Upon agreement of all pertinent parties, an Agreed Order may be sent to the Court for review in Chambers.
Page 1 | Orders — Agreed Orders
Filing Timing and Cure Windows
Delinquency motions in limine must be filed and emailed to the Judicial Assistant at least 48 hours before the first day of trial.
Motions in Limine: Motions in Limine are to be filed and emailed to the JA no later than 48 hours prior to the first day of trial.
Page 1 | Pre-Trial/Adjudicatory Hearing Procedures — Delinquency
Delinquency business-record and judicial-notice notices are due within two days after calendar call, and objections to them are due within two days after filing the notices.
Business Records and Judicial Notice: Notices of Intention to Introduce Business Records and Judicial Notice records are to be filed within two (2) days of calendar call. Objections to the introduction of such records are to be filed within two (2) days of the filing of any Notices.
Page 1 | Pre-Trial/Adjudicatory Hearing Procedures — Delinquency
Anticipated legal-issue memoranda and case law must be emailed to the Judicial Assistant at least 48 hours before trial and copied to all parties, which must also receive any later case law relied upon at trial.
Legal Issues: Memoranda of law and case law pertinent to any legal issues anticipated by the parties are to be emailed to the JA no later than 48 hours prior to the first day of trial, with copies to all parties. Counsel may highlight or otherwise mark key language in cases. Copies of the highlighted cases must be provided to all parties. If any party is going to rely on case law at trial that has not been previously provided, copies must be provided to the Court and to all parties.
Page 1 | Pre-Trial/Adjudicatory Hearing Procedures — Delinquency
Unless otherwise directed, written responses to motions are due at least five days before the hearing and written replies at least two days before it.
Unless otherwise directed by the Court, written Responses to a Motion are to be filed at least five (5) days prior to the scheduled hearing, and written Replies at least two (2) days prior.
Page 1 | Motions/Special Set Hearings
A post-hearing proposed order is due within 14 days unless the Court orders otherwise or grants leave for an extension, and a disagreeing party must submit an alternative by the same deadline.
The proposed Order shall be provided to the Court no later than fourteen (14) days from the date of the hearing, unless otherwise ordered by the Court or unless leave of court for an extension is granted. If any party disagrees with the Proposed Order, that party must send an alternative proposal to the Court by the same deadline.
Page 1 | Orders — Post-Hearing Proposed Orders
Dependency pre-trial motions must be filed no later than two weeks after the trial-setting hearing and comply with the division's motion and special-set-hearing instructions.
Pre-trial Motions: To be filed no later than two (2) weeks after the trial-setting hearing. The parties shall follow the Instructions relating to Motions/Special Set hearings for all Pre-trial Motions.
Page 1 | Pre-Trial/Adjudicatory Hearing Procedures — Dependency
Responses to dependency pre-trial motions and objections are due no later than three weeks after the trial-setting hearing.
Responses to Pre-trial Motions and Objections: To be filed no later than three (3) weeks after the trial-setting hearing.
Page 1 | Pre-Trial/Adjudicatory Hearing Procedures — Dependency
At least two days before the hearing, pertinent case law and all written filings must be emailed to the Judicial Assistant and copied to all parties, with key language optionally marked.
Please provide copies of all pertinent case law for the Court's review at least two (2) days prior to the scheduled hearing. Counsel may highlight or otherwise mark key language in cases and exhibits. All written filings and copies of case law are to be emailed to the JA with copies to all parties.
Page 1 | Motions/Special Set Hearings
Delinquency pre-trial motions must be filed before calendar call so they may be set for hearing at that call.
Pre-trial Motions: Pre-Trial Motions are to be filed prior to calendar call so that they can be set for hearing at the calendar call.
Page 1 | Pre-Trial/Adjudicatory Hearing Procedures — Delinquency
A Motion to Appear Remotely must be filed no less than three days before the hearing.
Any party requesting to appear remotely MUST file a written Motion to Appear Remotely, no less than three (3) days prior to the hearing
Page 1 | Remote Appearance Procedure
A party with relevant information must file a status report and provide the divisional JA a copy at least 48 hours before the hearing.
At least 48 hours prior to the scheduled hearing, any party with information regarding the matter at issue is to file a status report with the Court and submit a copy to the divisional JA.
Page 9 | STATUS CONFERENCES
The Approval Hearing and Notice of Hearing must be submitted to the divisional JA by 3:00 p.m. on the day before the court date.
Approval Hearing and Notice of Hearing is submitted to the divisional JA by 3:00 p.m. the day prior to the court date.
Page 9
When there is no agreement and a motion has been filed, written objections must be made within 10 days.
If there is no agreement and a Motion has been filed, Objections are to be made in writing within 10 days of the Motion, Reply in writing within 5 days.
Page 9 | DILIGENT SEARCHES
A party objecting to a remote motion hearing must file a written Objection to Remote Hearing within 72 hours after the hearing is set.
If any party objects to a motion hearing proceeding remotely, within 72 hours of the hearing being set, the party shall file an Objection to Remote Hearing, in writing.
Page 11 | D. MOTIONS
All parties must file a response to an objection to remote hearing within 48 hours after the objection is filed.
All parties must file a Response to the Objection within 48 hours of the filing of the Objection.
Page 12 | D. MOTIONS
A party objecting to a remote dependency adjudicatory hearing must file a written objection within 72 hours after the hearing is set.
If any party objects to an adjudicatory hearing proceeding remotely, within 72 hours of the adjudicatory hearing being set, the party shall file an Objection to Remote Hearing, in writing.
Page 13 | b. Dependency Adjudicatory Hearings — Objection to Remote Hearing
A resolved dependency matter's Notice of Cancellation and divisional JA email must be submitted as soon as possible.
If the parties are able to resolve the dependency matter without a hearing, the filing party shall file a Notice of Cancellation and email the divisional JA as soon as possible so that calendar time can be freed up on the divisional calendar.
Page 13 | e. Dependency Adjudicatory Hearings — Cancellations
All parties must file a Response to the Objection within 48 hours after the Objection is filed.
All parties must file a Response to the Objection within 48 hours of the filing of the Objection.
Page 13 | b. Dependency Adjudicatory Hearings — Response to Objection
If the parties resolve a matter without a hearing, the filing party must file a Notice of Cancellation and email the divisional JA as soon as possible.
If the parties are able to resolve a matter without a hearing, the filing party shall file a Notice of Cancellation and email the divisional JA as soon as possible
Page 14 | F. ADJUDICATORY HEARINGS – TERMINATION OF PARENTAL RIGHTS — Cancellations
A party objecting to a remote motion hearing must file a written Objection to Remote Hearing within 72 hours after the hearing is set.
If any party objects to a motion hearing proceeding remotely, within 72 hours of the hearing being set, the party shall file an Objection to Remote Hearing, in writing.
Page 18 | DELINQUENCY MOTION HEARINGS
Service and Proof of Service Rules
At least 48 hours before each hearing, the parties must email each other all proposed exhibits they intend to reference.
No less than 48 hours prior to each hearing, the parties must exchange all proposed exhibits which they intend to reference during the hearing, by email in .pdf format.
Page 5 | E. EVIDENCE
The pre-marked PDF exhibits must be emailed to the divisional judicial assistant at the same time they are emailed to the other parties.
The pre-marked .pdf exhibits are to be emailed to the divisional JA at the same time as to the other parties.
Page 5 | E. EVIDENCE
Courtesy Copy Requirements
A courtesy copy of a remote-appearance motion must be emailed to the appropriate Judicial Assistant and provided to all parties.
Any party requesting to appear remotely MUST file a written Motion to Appear Remotely, no less than three (3) days prior to the hearing with a courtesy copy of the Motion being provided to the Judicial Assistant via email (CAD-DivisionJM@pbcgov.org or CAD-DivisionJA@pbcgov.org), as well as all parties.
Page 1 | Remote Appearance Procedure
The Clerk's Office requires hard copies of every exhibit.
The Clerk’s Office still requires hard copies of all exhibits.
Page 6 | E. EVIDENCE
When the documents comprising exhibits exceed 25 pages, hard copies must be mailed to the divisional judicial assistant no less than 48 hours after the hearing.
If the documents comprising your exhibits exceed 25 pages, then you must submit hard copies of the documents to divisional JA by mail no less than 48 hours after the hearing.
Page 6 | E. EVIDENCE
Sealing & Redaction Procedures
Agreed record redactions must be blacked out, while proposed redactions requiring a Court ruling must be highlighted.
All agreed redactions are to be blacked out from records; any proposed redactions on which the Court will be asked to rule are to be highlighted.
Page 1 | Pre-Trial/Adjudicatory Hearing Procedures — Dependency
Unless the Court schedules argument otherwise, proposed record redactions are to be addressed at the pre-trial status conference.
Unless otherwise scheduled by the Court, argument on any proposed redactions of records shall be heard at the pre-trial status conference.
Page 1 | Pre-Trial/Adjudicatory Hearing Procedures — Dependency
Pre-Motion Conference Requirements
A Notice of Hearing may be filed only after the moving party receives the Judicial Assistant's confirmation email containing the hearing date and time.
The JA will then send an email with the confirmed date and time of hearing, and the moving party will be advised to file a Notice of Hearing. Notices of Hearing may be filed only after a confirmation email with the hearing date and time has been received from the JA.
Page 1 | Motions/Special Set Hearings
A motion must be filed and docketed before requesting a hearing, after which the moving party must email the Judicial Assistant and copy all parties.
Motions must be filed and docketed with the Clerk BEFORE a hearing time is requested. Upon the filing of a motion, an email request for a hearing must be sent to the JA, with a copy to all parties.
Page 1 | Motions/Special Set Hearings
Adjournment & Extension Requirements
Absent an emergency, a written continuance motion for a specially set hearing must be filed at least one week beforehand, obtain Court approval, and state all parties' agreement or objection or explain meet-and-confer efforts.
Absent an emergency, a Motion for Continuance of any specially set hearing, including trials and adjudicatory hearings, must be in writing and filed at least one (1) week prior to the scheduled hearing date. The Court must approve all continuances. The Motion must note the agreement or objection of all parties to the continuance, or must include an explanation of reasonable efforts made to meet and confer.
Page 1 | Continuances
Chambers Communication Rules
Out-of-court court communications must go through the Judicial Assistant, be copied to all parties, and concern only scheduling, pleadings, or draft orders unless the Court directs otherwise.
Unless otherwise directed, all out-of-court communications with the Court are to be through the Court's Judicial Assistant (JA). All case-related correspondence must be copied to all parties and shall be limited to scheduling matters or providing pleadings and draft orders for the Court's review.
Page 1 | Communications with the Court
For trial or adjudicatory hearings, each party must confirm interpreter and courtroom-technology arrangements to the Judicial Assistant at least two days beforehand.
Each party is responsible for arranging for interpreters and any courtroom technology needs prior to the hearing. An email confirming that all such arrangements have been made must be sent to the JA at least two (2) days prior to the scheduled hearing.
Page 1 | Pre-Trial/Adjudicatory Hearing Procedures
Each party must arrange needed interpreters and courtroom technology and confirm those arrangements to the Judicial Assistant at least two days before the hearing.
Each party is responsible for arranging for interpreters and any courtroom technology needs prior to the hearing. An email confirming that all such arrangements have been made must be sent to the the JA at least two (2) days prior to the scheduled hearing.
Page 1 | Motions/Special Set Hearings
After filing a contested motion, the filing party must contact the divisional judicial assistant so the matter can be set for a hearing, with all parties included on communications.
Upon the filing of a contested Motion, the filing party shall contact the divisional JA so that the matter can be set for a hearing. All parties are to be included on any communications with the divisional JA.
Page 11 | D. MOTIONS
After filing an objection to remote hearing, the filer must contact the divisional judicial assistant to set a hearing date, copying all parties on the communication.
Upon the filing of an Objection, the filer must contact the divisional JA to set down a hearing date for the Objection. All parties are to be included on any communications with the divisional JA.
Page 12 | D. MOTIONS
If a matter is resolved without a hearing, the filing party must file a Notice of Cancellation and email the divisional judicial assistant promptly to free calendar time.
If the parties are able to resolve a matter without a hearing, the filing party shall file a Notice of Cancellation and email the divisional JA as soon as possible so that calendar time can be freed up on the divisional calendar.
Page 12 | D. MOTIONS
Non-attorney litigants' case-related emails will be placed in the court file and sent to counsel of record, and the Court will not accept case-related telephone calls.
Any case-related emails from non-attorney litigants will be filed in the Court file and sent to all attorneys of record. The Court will not accept case-related calls.
Page 1 | Communications with the Court
A party seeking hearing time for a qualifying priority matter that is not an emergency should advise the Judicial Assistant when requesting the hearing.
If a party has a priority matter that does not qualify as an emergency, please advise the JA at the time a hearing is requested.
Page 1 | Emergency and Priority Motions and Hearings
An objecting party must contact the divisional JA to schedule a remote hearing.
The party objecting to the Motion is to contact the divisional JA to set the matter for remote hearing.
Page 9 | DILIGENT SEARCHES
All parties must be copied on communications with the divisional JA.
All parties are to be included on any communications with the divisional JA.
Page 9
When a respondent has not been served, DCF may contact the divisional JA to request a reset injunction-hearing date at least 24 hours before the hearing.
If a Respondent has not been served, at least 24 hours prior to the scheduled hearing DCF may contact the divisional JA for a reset Injunction Hearing date.
Page 10 | B. CHAPTER 39 INJUNCTIONS
When parents have not been served, DCF may contact the divisional JA to request a reset PCA date at least 24 hours before the hearing.
If parents have not been served, at least 24 hours prior to the scheduled hearing DCF may contact the divisional JA for a reset PCA date.
Page 10 | PERMANENT COMMITMENT ADVISORY HEARINGS
The divisional JA must be emailed about a dependency hearing cancellation as soon as possible, with all parties included.
If the parties are able to resolve the dependency matter without a hearing, the filing party shall file a Notice of Cancellation and email the divisional JA as soon as possible so that calendar time can be freed up on the divisional calendar. All parties are to be included on any communications with the divisional JA.
Page 13 | e. Dependency Adjudicatory Hearings — Cancellations
The parties must email the divisional JA to confirm a dependency-docket time for the Court to consider an agreed or requested reset.
If the parties agree that a matter needs to be reset, or if any party requests a reset, the parties shall email the divisional JA to confirm a time on the Court’s dependency docket for the Court to consider the reset.
Page 13 | f. Dependency Adjudicatory Hearings — Resets
If the parties resolve a matter without a hearing, the filing party must file a Notice of Cancellation and email the divisional JA as soon as possible.
If the parties are able to resolve a matter without a hearing, the filing party shall file a Notice of Cancellation and email the divisional JA as soon as possible
Page 14 | F. ADJUDICATORY HEARINGS – TERMINATION OF PARENTAL RIGHTS — Cancellations
When the parties agree, counsel may submit a proposed agreed order to the divisional judicial assistant, and all parties must be included on communications with that assistant.
If the parties are in agreement, counsel may submit a proposed Agreed Order to the divisional JA. All parties are to be included on any communications with the divisional JA.
Page 11 | D. MOTIONS