Judge James Moody III
Individual Rules, Standing Orders & Policies
Limits & Logistics
Document Limits
Courtesy Copies
Notice Of Cancellation
- Email • Immediately Upon Filing
Chambers Copy
Court-wideCourtesy copies
Court-wideExtraordinary Writ Petition
Court-wide- Immediately Upon Filing
Adjournments
- A motion to continue the first Case Management Conference must be emailed through the judicial assistant no later than two business days before the conference.
- A Case Management Conference continuance motion must state the reasons, include a joint statement signed by the parties, and include a proposed ratifying order.
- The rescheduled Case Management Conference must occur within 60 days of the original conference date.
Request must include
Communication
Chambers
Chambers
Phone
Chambers
Chambers
Clerk
Clerk
Clerk
Document Format Requirements4 rules
Exhibits intended for introduction must be submitted in a tabbed binder with an index.
– ALL EXHIBITS INTENDED TO BE INTRODUCED IN HEARING/TRIAL MUST BE SUBMITTED NO LATER THAN 3 DAYS BEFORE HEARING/TRIAL AND BE SUBMITTED IN A BINDER WITH AN INDEX AND TABBED.
Provide one Excel equitable-distribution worksheet using different highlight colors for agreed and disputed items.
If equitable distribution (ED) is an issue, please provide a single ED Worksheet in Excel highlighting those items the parties agree upon and a different highlight color for those items not agreed upon.
A non-agreed or competing proposed order emailed to the judicial assistant must be attached in Word format.
Proposed Orders that are NOT agreed upon by the parties or competing Orders should be submitted to the Judicial Assistant by email and attached as a “WORD” formatted document, which will be forwarded to the Judge upon receipt of both proposed competing Orders.
DOCX
An agreed-upon proposed order submitted through ePortal must be in PDF format.
Proposed Orders that are agreed upon by the parties can be submitted to the Judge for signature through ePortal as a “PDF” formatted document.
Document Filing Requirements15 rules
Each party must provide a copy of the final financial affidavit highlighting only contested entries five days before the specified family-law trial.
Five (5) days prior to family law trials in which alimony, child support and/or attorney’s fees are an issue, each party is required to provide to the court a copy of their respective final financial affidavit highlighting only the entries that are contested.
Document Type
Final Financial Affidavit
Every post-judgment matter must include an Order of Referral to the General Magistrate.
All post judgment matters must have an Order of Referral to the General Magistrate uploaded through the ePortal for signature at the same time the motion is filed.
Document Type
Post Judgment Motion
An attorney must upload an order through the Division W e-portal only after confirming that it is the correct court division.
PROBATE DIVISION W IS PAPERLESS. PLEASE DO NOT SEND IN HARD COPIES OF ORDERS TO BE SIGNED. ALL ORDERS MUST BE UPLOADED THROUGH THE E-PORTAL to EAST CIRCUIT PROBATE DIVISION W. Please be sure to check that it is the correct Division.
Document Type
Order
Attorneys must submit all case-law authorities cited or relied upon at contested hearings.
– Attorneys must submit all case law authority being cited or relied upon at all contested hearings.
Document Type
Case Law Authorities
A notice of hearing must include the Court's Zoom login information.
Please include the Court’s Zoom log-in information on Notice of Hearing.
Document Type
Notice Of Hearing
All signatures on a pro se summary administration petition must be notarized.
In addition to the requirements listed above, all signatures related to petitions for summary administration filed pro se must be notarized.
Document Type
Petition For Summary Administration
A notice for a hearing conducted by Zoom must include the Court's Zoom login information.
IF HEARING WILL BE CONDUCTED VIA ZOOM, PLEASE INCLUDE THE COURT’S ZOOM LOG-IN INFORMATION ON NOTICE OF HEARING.
Document Type
Notice Of Hearing
A formal administration petition in an intestate estate must be accompanied by an affidavit of heirs.
All petitions for administration in intestate estates must be accompanied by an affidavit of heirs.
Document Type
Petition For Administration
A summary administration petition in an intestate estate must be accompanied by an affidavit of heirs.
All petitions for summary administration in intestate estates must be accompanied by an affidavit of heirs.
Document Type
Petition For Summary Administration
All signatures on a pro se formal administration petition must be notarized.
In addition to the requirements listed above, all signatures related to petitions for administration filed pro se must be notarized.
Document Type
Petition For Administration
A summary administration petition must be accompanied by a paid funeral bill or satisfactory proof of payment when the decedent died less than two years before filing.
If the decedent died less than two years before the date of the filing, the petition for summary administration must be accompanied by a paid funeral bill or other satisfactory proof that the funeral expenses have been paid.
Document Type
Petition For Summary Administration
A formal administration petition must be accompanied by a paid funeral bill or satisfactory proof of payment when the decedent died less than two years before filing.
If the decedent died less than two years before the date of filing, the petition for administration must be accompanied by a paid funeral bill or other satisfactory proof that the funeral expenses have been paid.
Document Type
Petition For Administration
An order uploaded following a hearing must include the hearing date in its opening paragraph.
– Every Order that is uploaded to e-portal as a result of a hearing MUST include the date of the hearing in the opening paragraph of the Order
Document Type
Order
Every order must have substantive material on the judge's signature page and may not contain a hanging signature.
– ALL Orders MUST carry something of substance on the judge’s signature page, i.e., no hanging signatures.
Document Type
Order
A Notice of Hearing must include the Court's Zoom login information.
Please include the Court’s Zoom log-in information on Notice of Hearing.
Document Type
Notice Of Hearing
Filing & Service rules
Electronic Filing Rules
All motions must be filed in writing through the ePortal or directly with the Hillsborough County Clerk of Court.
Any motions must be filed in writing through the ePortal or directly with the Hillsborough County Clerk of Court.
Page 1 | HEARINGS
When all parties agree to cancel a hearing or settle the case, immediately e-file a Notice of Cancellation and email a courtesy copy to the division.
When the parties agree that a hearing or other court appearance needs to be cancelled or that the parties have reached a settlement in the case, a Notice of Cancellation MUST be immediately e-filed with the Clerk of Court AND a courtesy copy of said Notice of Cancellation emailed to the division at EastDivT@fljud13.org.
Page 1 | CANCELLATION OF HEARING
An Order of Referral to the General Magistrate must accompany every post-judgment motion through ePortal for signature.
All post judgment matters must have an Order of Referral to the General Magistrate uploaded through the ePortal for signature at the same time the motion is filed.
Page 2 | POST JUDGMENT HEARINGS
Division W is paperless, and orders for signature must be uploaded through the e-portal rather than submitted as hard copies.
PROBATE DIVISION W IS PAPERLESS. PLEASE DO NOT SEND IN HARD COPIES OF ORDERS TO BE SIGNED. ALL ORDERS MUST BE UPLOADED THROUGH THE E-PORTAL to EAST CIRCUIT PROBATE DIVISION W.
Page 1 | PROBATE DIVISION W IS PAPERLESS
Attorneys may not upload an order until all required documents have been filed in the court file.
– Attorneys please do not upload any orders until all required documents have been filed in the Court file.
Page 1 | PROBATE DIVISION W IS PAPERLESS
All proposed orders must be uploaded to the Division W e-portal and must not be mailed as hard copies.
East Circuit Probate Division W is electronic and ALL ORDERS MUST be uploaded to the e-portal - see www.fljud13.org PLEASE DO NOT MAIL IN HARD COPIES OF PROPOSED ORDERS.
Page 2 | PROBATE DIVISION W IS PAPERLESS
Incoming withholding orders may be uploaded through ePortal.
Incoming Withholding Orders may be uploaded to the ePortal.
Page 2 | SUBMITTING PROPOSED ORDERS
An agreed-upon proposed order may be submitted to the judge through ePortal in PDF format.
Proposed Orders that are agreed upon by the parties can be submitted to the Judge for signature through ePortal as a “PDF” formatted document.
Page 2 | SUBMITTING PROPOSED ORDERS
The Oath of Personal Representative and Designation of Resident Agent and Acceptance may be filed electronically.
2. Oath of Personal Representative and Designation of Resident Agent and Acceptance can be e-filed.
Page 1 | PROBATE DIVISION W IS PAPERLESS
Certified copies of death certificates may be filed electronically.
1. Certified copies of Death Certificates can be e-filed.
Page 1 | PROBATE DIVISION W IS PAPERLESS
Filing Timing and Cure Windows
The required final-financial-affidavit submissions are due five days before a family-law trial involving alimony, child support, or attorney’s fees.
Five (5) days prior to family law trials in which alimony, child support and/or attorney’s fees are an issue, each party is required to provide to the court a copy of their respective final financial affidavit highlighting only the entries that are contested.
Page 1 | HEARING/TRIAL EXHIBITS
Documents responding to an order to show cause must be filed no later than five business days before the hearing.
– Documents filed in response to an Order to Show Cause MUST be filed no later than 5 business days prior to the hearing.
Page 1 | PROBATE DIVISION W IS PAPERLESS
An order uploaded before the required documents are filed and the three-business-day waiting period expires will be rejected and removed from the judge's work queue.
Any Orders uploaded without compliance with the above requirements having been met will be rejected by the Clerk’s office and removed from the judge’s work queue.
Page 1 | PROBATE DIVISION W IS PAPERLESS
All required case-law authorities must be submitted at least three days before the hearing.
CASE LAW MUST BE SUBMITTED AT LEAST 3 DAYS BEFORE HEARING.
Page 1 | PROBATE DIVISION W IS PAPERLESS
The five-business-day filing deadline applies to a petition and order extending time.
NOTE: This includes petition and order extending time.
Page 1 | PROBATE DIVISION W IS PAPERLESS
All exhibits intended for introduction must be submitted no later than three days before the hearing or trial.
– ALL EXHIBITS INTENDED TO BE INTRODUCED IN HEARING/TRIAL MUST BE SUBMITTED NO LATER THAN 3 DAYS BEFORE HEARING/TRIAL AND BE SUBMITTED IN A BINDER WITH AN INDEX AND TABBED.
Page 1 | PROBATE DIVISION W IS PAPERLESS
An attorney must wait three business days after e-portal filing or submission of original documents before uploading the order.
Please wait 3 business days after filing through the e-portal or submitting original documents to upload the Order to allow time for the Clerk’s office to docket same.
Page 1 | PROBATE DIVISION W IS PAPERLESS
An order resulting from a hearing should not be uploaded more than two days before the hearing.
SHOULD NOT be uploaded more than 2 days before the hearing.
Page 2 | PROBATE DIVISION W IS PAPERLESS
The clerk will reject and remove an order uploaded more than two days before a hearing.
If an Order is uploaded more than 2 days in advance of a hearing, the Clerk of the Circuit Court will reject and remove the Order.
Page 2 | PROBATE DIVISION W IS PAPERLESS
Exhibits and case law for an evidentiary hearing or trial should be sent to Judge Moody five days before the hearing.
All exhibits and/or case law for any evidentiary hearing or trial should be sent to Judge Moody at Plant City Courthouse, 301 N. Michigan Ave., Room 2011, Plant City, FL 33563 five (5) days prior to the hearing.
Page 1 | HEARING/TRIAL EXHIBITS
A late response to an order to show cause will not cancel the hearing.
Documents filed after this date will not result in cancellation of the Order to Show Cause Hearing.
Page 1 | PROBATE DIVISION W IS PAPERLESS
Service and Proof of Service Rules
If a pro se party has no email address associated with the case, the attorney must mail that party a copy of the order.
If a party is pro se and does not have an email address associated with the case, the attorney will be responsible for mailing copy of the Order to pro se party.
Page 2 | SUBMITTING PROPOSED ORDERS
The attorney must provide a copy of the electronically signed order to each pro se party.
It is the responsibility of the attorney to provide copy of electronically signed Order to any pro se parties.
Page 2 | SUBMITTING PROPOSED ORDERS
The opposing party or attorney must receive a copy of the email requesting a hearing longer than 30 minutes.
If more than 30 minutes is needed, please email JA at wingattm@fljud13.org and copy opposing party or attorney.
Page 1 | SCHEDULING HEARINGS ON JAWS
The cited case-law authorities may be submitted by hand delivery, email, or mail to Division W with the case number.
You can hand deliver, email or mail to East Circuit Probate Division W and please put the case number.
Page 1 | PROBATE DIVISION W IS PAPERLESS
A copy of the notice of hearing must be emailed to the judicial assistant.
Please email copy of Notice of Hearing to JA at wingattm@fljud13.org.
Page 2 | PROBATE DIVISION W IS PAPERLESS
Opposing counsel or parties must be copied on every email sent to the division judicial assistant.
If any case has opposing counsel/parties, they MUST be copied on any emails to the division JA.
Page 2 | PROBATE DIVISION W IS PAPERLESS
Courtesy Copy Requirements
Email one courtesy copy of the immediately filed Notice of Cancellation to EastDivT@fljud13.org.
When the parties agree that a hearing or other court appearance needs to be cancelled or that the parties have reached a settlement in the case, a Notice of Cancellation MUST be immediately e-filed with the Clerk of Court AND a courtesy copy of said Notice of Cancellation emailed to the division at EastDivT@fljud13.org.
Page 1 | CANCELLATION OF HEARING
Adjournment & Extension Requirements
A motion to continue the first Case Management Conference must be emailed through the judicial assistant no later than two business days before the conference.
The moving party shall submit his/her motion for continuance to the Judge through his Judicial Assistant by email no later than two (2) business days before the scheduled Case Management Conference.
Page 1 | CASE MANAGEMENT CONFERENCES
A Case Management Conference continuance motion must state the reasons, include a joint statement signed by the parties, and include a proposed ratifying order.
The motion shall include the reason(s) for the continuance and a statement jointly signed by the parties agreeing to the continuance as well as a proposed Order ratifying same.
Page 1 | CASE MANAGEMENT CONFERENCES
The rescheduled Case Management Conference must occur within 60 days of the original conference date.
The new Case Management Conference shall occur within sixty (60) days of the originally-scheduled Case Management Conference.
Page 2 | CASE MANAGEMENT CONFERENCES
Chambers Communication Rules
Email the judicial assistant to schedule post-judgment hearings.
You must email the judicial assistant to schedule post judgment hearings.
Page 2 | POST JUDGMENT HEARINGS
Before emailing the judicial assistant about scheduling, check JAWS for available hearing times.
Please email wingattm@fljud13.org only after checking JAWS.
Page 2 | PROBATE DIVISION W IS PAPERLESS
For hearings requiring more than 30 minutes, email the judicial assistant and copy the opposing party or attorney.
If more than 30 minutes is needed, please email JA at EastDivT@fljud13.org and copy opposing party or attorney.
Page 1 | SCHEDULING HEARINGS ON JAWS
A hearing-scheduling email should identify the case number, case name, hearing matter, and needed hearing length.
The following should be included in the email: case number, case name, matter to be scheduled for hearing, and length of time needed for the hearing.
Page 1 | COMMUNICATION WITH THIS OFFICE
The continuance motion must be sent by email through the judicial assistant.
The moving party shall submit his/her motion for continuance to the Judge through his Judicial Assistant by email no later than two (2) business days before the scheduled Case Management Conference.
Page 1 | CASE MANAGEMENT CONFERENCES
Submit non-agreed or competing proposed orders to the judicial assistant by email as Word documents; both competing orders must be received before forwarding them to the judge.
Proposed Orders that are NOT agreed upon by the parties or competing Orders should be submitted to the Judicial Assistant by email and attached as a “WORD” formatted document, which will be forwarded to the Judge upon receipt of both proposed competing Orders.
Page 2 | SUBMITTING PROPOSED ORDERS
Request JAWS scheduling by email to the judicial assistant after the parties agree on a hearing time.
When a hearing time has been agreed upon, please email JA at wingattm@fljud13.org and request that the hearing be scheduled in JAWS.
Page 1 | SCHEDULING HEARINGS ON JAWS
Call one of the listed Zoom numbers and provide the Zoom Meeting ID if the Zoom link cannot be used.
If unable to use the Zoom link, please call one of the following phone numbers and enter the Zoom Meeting ID: 1-253-215-8782; 1-301-715-8592; 1-312-626-6799; 1-646-558-8656.
Page 1 | SCHEDULING HEARINGS ON JAWS
For a hearing longer than 30 minutes, email the judicial assistant and copy the opposing party or attorney.
If more than 30 minutes is needed, please email JA at wingattm@fljud13.org and copy opposing party or attorney.
Page 1 | SCHEDULING HEARINGS ON JAWS
Use email to EastDivT@fljud13.org, copying all parties, as the preferred method to set or cancel hearings.
The preferred form of communication for setting and cancelling hearings is by email at EastDivT@fljud13.org with copy to all parties.
Page 1 | COMMUNICATION WITH THIS OFFICE
The preferred way to schedule a Division W hearing is by email rather than telephone.
– The preferred method for scheduling in East Circuit Probate Division W is by email request rather than telephone.
Page 2 | PROBATE DIVISION W IS PAPERLESS