Judge Craig A. McCarthy
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Courtesy Copies
Motion
Memoranda, Case Law, Other Hearing Materials
Court-wide- Before Hearing
Memoranda, Case Law, Other Materials
Court-wide- At Least 5 Court Days Before Scheduled Hearing
Adjournments
Court-wideRequest must include
Communication
Chambers
Phone
Court-wideClerk
Phone
Court-wideClerk
Clerk
Phone
Court-wideChambers
Document Format Requirements1 rule
The proposed Final Judgment must be emailed to the court in Microsoft Word format.
The proposed Final Judgment should be emailed to the Court in Microsoft Word format.
DOCX
Document Filing Requirements25 rules
A Certificate of Compliance must accompany every Notice of Hearing.
A Certificate of Compliance must be attached to the Notice of Hearing.
Document Type
Notice Of Hearing
A Notice of Hearing for a Webex proceeding must contain the prescribed Webex appearance and telephone-access instructions.
If the hearing will be conducted via Webex, the Notice of Hearing must also include the following language: All Parties MUST appear via Webex Meetings. When it is time for your hearing, cut and paste this address into your internet browser: https://ninthcircuit.webex.com/meet/30osceola You will then wait in a waiting room until your Hearing is called and the Judge joins the Conference. To appear via telephone dial: Audio connection United States Toll (Jacksonville) +1-904-900-2303 Access code/meeting ID# 2347 557 1705
Document Type
Notice Of Hearing
An attorney-represented uncontested dissolution final judgment requires a completed checklist, proposed final judgment, and previously filed agreements to be emailed to the court.
The Attorney Uncontested Dissolution Checklist must be completed and emailed to the Court, along with the proposed Final Judgement and all previously filed agreements.
Document Type
Final Judgment
A party noticing a case for short matters must email chambers the Notice of Hearing, motion, and proposed order at least three business days before the hearing.
Any party who notices a case for short matters MUST provide an email copy of the Notice of Hearing, the Motion and a proposed order to chambers at least three business days before the hearing date.
Document Type
Notice Of Hearing
A final judgment in a case involving children must include the child's full name and date of birth and all child-support details.
Please remember that any Final Judgement in a case with children must include full names and dates of birth of the child and all child support details.
Document Type
Final Judgment
An emergency motion must include “Emergency Motion” in its title and detail the nature of the emergency.
A party requesting emergency action must include the words “Emergency Motion” in the title of the motion and must set forth in detail the nature of the emergency
Document Type
Motion
The Obligor's full Social Security number must be entered in the order.
Ensure that the Obligor’s full Social Security number is entered.
Document Type
Income Deduction Order
An order or final judgment directing payments to the State Disbursement Unit must be accompanied by an Income Deduction Order and, for child support, an attached Income Withholding Order for simultaneous entry by the court.
When submitting an order or Final Judgment directing a party to make payments to the State Disbursement Unit, please submit an Income Deduction Order (with attached Income Withholding Order if there is child support) to be entered simultaneously by the Court.
Document Type
Income Deduction Order
The Written Final Hearing checklist, applicable agreements, and proposed Final Judgment must be emailed to the court, with the proposed judgment in Word format.
The Written Final Hearing checklist must be submitted to the Court by email along with all applicable agreements and the proposed Final Judgment in Word format.
Document Type
Final Judgment
An expedited motion must include the words “Expedited Motion” in its title.
An expedited motion must include the words “Expedited Motion” in the title
Document Type
Expedited Motion
After Division 30 signs and electronically files an order, the attorney must provide a copy to any pro se litigant.
Once Orders have been signed and e-filed by division 30 it is the attorney’s responsibility to produce a copy to the Prose litigant if any
Document Type
Order
Every proposed order must clearly state the opposing party's position regarding the motion being ruled on.
ANY/ALL PROPOSED ORDERS SUBMITTED TO THE COURT MUST CLEARLY STATE THE OPPOSING PARTY’S POSITION WITHIN THE MOTION BEING RULED ON OR WILL NOT BE CONSIDERED
Document Type
Proposed Order
When requested at a hearing, counsel must prepare and email the proposed order within seven days unless the Court sets a different deadline.
If the Court requests counsel to prepare an order at a hearing, counsel will prepare and submit the order to the Court via email within 7 days unless a different deadline is set by the Court at the hearing.
Document Type
Proposed Order
A party using AI to prepare a filed paper must disclose that use in a clear factual statement and certify that all legal and record citations were independently verified.
if any party or self-represented party has used AI in the preparation of any complaint, answer, motion, brief, or other paper filed with the Court, and assigned to Judge McCarthy or Division 30, the party MUST, in a clear and plain factual statement, disclose that AI has been used in the filing, and CERTIFY, that each and every citation to the law or the record in the paper, has been independently verified as accurate.
Document Type
Court Paper
A Notice of Hearing should state the motion’s full name and filing date, the hearing length, and include the required Certificate of Compliance.
Notice of Hearing: Notice of Hearing should include the full name of the motion and filing date, the length of the hearing, and a Certificate of Compliance per Administrative Order No. 2014-19.
Document Type
Notice Of Hearing
A short matter may not be heard if its notice and motion are not received by the required deadline.
If the notice and motion is not received, the matter may not be heard.
Document Type
Notice Of Hearing
An emailed notice of hearing must identify itself in the subject line as NOH and include the hearing date and case number.
When Emailing Your Notice of Hearing Be Sure to Include in Your Email: Subject Line: NOH, Date of Hearing, And Case Number
Document Type
Notice Of Hearing
The email submission to the Judicial Assistant must include a cover letter stating whether the Final Judgment is agreed upon.
Please provide an email copy to the Judicial Assistant and include a cover letter stating whether the Final Judgment is agreed upon.
Document Type
Cover Letter
An uncontested final judgment may be conducted in writing without appearances by filing a Motion/Waiver for Written Final Hearing in the court's approved format.
Uncontested Final Judgements may also be conducted in writing without the need for attorneys or parties to appear by filing a Motion/Waiver for Written Final Hearing in the Court’s approved format.
Document Type
Motion
When differences cannot practicably be highlighted, the lawyers may submit two separately marked proposed orders in the same email.
If the differences in the proposed Orders are so significant that a highlight is not practical, the lawyers may submit two separate proposed Orders within the same email, (marked Petitioner or Respondent, for clarification purposes).
Document Type
Proposed Order
When represented parties cannot agree on an order, their lawyers must email one proposed order with the differences highlighted to the Judicial Assistant.
If the parties cannot agree on the form of the order, and both parties are represented, the lawyers shall email ONE proposed order with their differences highlighted to the Judicial Assistant.
Document Type
Proposed Order
When either or both parties are unrepresented, each side must email its proposed order to the Judicial Assistant for the Court's review, with both submissions sent in the same email.
If one or both parties are unrepresented, then each side shall email their proposed Order within the same email to the Judicial Assistant for the Court to review.
Document Type
Proposed Order
If the other side does not timely respond to a proposed-order approval request, a party must email its proposed order to the Judicial Assistant and explain that the response period lapsed without opposition counsel responding.
If the other side does not respond timely to a request for approval of a proposed Order, email your proposed Order to the Judicial Assistant explaining that the time frame has lapsed and opposing counsel was unresponsive.
Document Type
Proposed Order
Every order must be titled with the name of the motion and include a complete certificate of service.
All Orders should be titled with the name of the Motion and include a complete certificate of service.
Document Type
Order
Counsel must seek approval from the opposing counsel or pro se litigant before submitting the proposed order by an email advising the Court that it is agreed upon.
Counsel should provide the proposed order to opposing counsel/pro se litigant for approval before submitting it to the Court via an email that advises the Court that the Order is agreed upon.
Document Type
Proposed Order
Filing & Service rules
Filing Timing and Cure Windows
A motion requesting an individual remote appearance must be submitted at least seven days before the hearing and identify whether the opposing party agrees or objects.
If a party requests that an individual party, attorney, or witness be permitted to appear remotely at an in-person hearing, a motion for the individual to appear remotely must be submitted at least 7 days prior to the hearing. The motion must state whether the opposing party agrees or objects to the requested remote appearance.
Page 3 | Courtroom
Service and Proof of Service Rules
Within five days after Division 30 electronically files the signed order, the attorney must file a certificate of compliance or certificate of service with the clerk.
Within 5 days and file a certificate of compliance/or certificate of service with the clerk of court.
Page 9 | Orders
Courtesy Copy Requirements
Courtesy copies of motions for rehearing should be emailed to the court for review.
Courtesy copies of Motions for Rehearing should be emailed to the Court for review.
Page 8 | Motions for Rehearing
Chambers Communication Rules
The hearing time must first be coordinated with the opposing counsel or pro se litigant, and hearings cannot be arranged by telephone.
You must coordinate the hearing time with opposing counsel/pro se litigant PRIOR to emailing the Judicial Assistant. Once a date/time has been confirmed by both parties, you must email the Judicial Assistant, include opposing counsel or pro- ===== PAGE 4 ===== se litigant, in order to secure hearing time. No hearings are set via phone.
Page 3 | Hearings
All emails to the judicial assistant must include the opposing counsel or pro se litigant.
WHEN EMAILING THE JUDICIAL ASSISTANT FOR ALL MATTERS, THE OPPOSING COUNSEL OR PRO SE LITIGANT MUST BE INCLUDED.
Page 3 | Courtroom
A hearing canceled fewer than 24 hours before the scheduled hearing remains on the docket, and parties are expected to appear.
If the Notice of Cancellation is not received at least 24 hours prior to the scheduled hearing, that hearing will remain on the Docket and parties are expected to appear.
Page 5 | Cancellation of Hearings
The court must be notified at least 24 hours in advance of a hearing cancellation so the hearing time can be offered to other parties.
Cancellations: Please notify the Court at least 24 hours in advance of any cancellations so that the hearing time can be offered to other parties.
Page 5 | Cancellation of Hearings
A party represented by a pro se opposing party must provide immediate notice of the hearing, while fully represented parties must provide notice no later than two weeks before the hearing date.
Parties Must Provide Notice of Hearing to The J.A. Immediately If Other Party Is Pro se, If Both Sides Are Represented Than No Later Than 2 Weeks Prior To The Hearing Date To Allow It To Appear On The Docket; Otherwise The Matter Will Not Be Heard
Page 5 | Courtroom/Setting a Hearing
Emergency motions must be emailed to the Judicial Assistant for court review.
Emergency motions must be e-mailed to the Judicial Assistant for the Court’s review.
Page 7 | Emergency & Expedited Motions
Email is the preferred method of communicating with the judge's office and should be sent to the dedicated division account; the office cannot receive ex parte communications, and all parties must be copied on communications with the office.
The preferred method of communication is e-mail. All emails should be sent to 30osceola@ninthcircuit.org, the dedicated division e-mail account. PLEASE NOTE, THE JUDGE’S OFFICE CANNOT RECEIVE EX-PARTE COMMUNICATIONS FROM ANYONE. YOU MUST ALWAYS COPY ALL PARTIES ON ANY AND ALL E-MAILS, CORRESPONDENCES AND/OR COMMUNICATION WITH THIS OFFICE.
Page 1 | Unified Family Court - Division 30-C Procedures
Any motion related to an uncontested dissolution final judgment, including a motion to deviate, must be emailed to the court.
If there are any Motions related to the Final Judgement (i.e., motions to deviate), please provide an email copy to the Court.
Page 5 | Attorney Uncontested Final Hearings
The Notice of Cancellation must be emailed to the Judicial Assistant when it is filed with the Clerk.
A Notice of Cancellation should be emailed to the Judicial Assistant at the time the Notice of Cancellation is filed with the Clerk.
Page 5 | Cancellation of Hearings
Uncontested paternity and supplemental final judgments may be emailed to the Judicial Assistant for judge review without a hearing when all required documents have been filed.
Uncontested Paternity Final judgements and Supplemental Final Judgements may be emailed to the Judicial Assistant for review by the Judge without a hearing if all required documents have been filed.
Page 6 | Uncontested Paternity Final Judgements/Supplemental Final Judgements