Judge Jennifer X. Gabbard
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Courtesy copies
Chambers Copy
Court-wideExtraordinary Writ Petition
Court-wide- Immediately Upon Filing
Financial Affidavit, Exhibits
Court-wideCommunication
Chambers
Phone
Clerk
Clerk
Clerk
Phone
Court-wideChambers
Document Format Requirements7 rules
A party-agreed proposed order must be formatted as a PDF.
Proposed Orders that are agreed upon by the parties are to be uploaded through the e-portal in PDF format.
Competing proposed orders must use Word format unless the court directs otherwise.
Unless otherwise directed by the Court, competing orders must be submitted to the Court via e-mail to circivdivf@fljud13.org in WORD format and ensure that opposing counsel/opposing party is copied on the e-mail.
DOCX
Proposed orders uploaded through the e-portal must be PDFs; Word-format submissions are automatically rejected.
Proposed orders submitted through the e- portal MUST be uploaded in PDF format. Proposed orders uploaded in WORD format are automatically rejected by the e-portal.
Proposed orders uploaded through Florida e-Portal must be in PDF format.
Beginning October 1, 2020: Proposed Orders Are to Be Submitted via Florida e-Portal Jaws will no longer accept proposed orders directly as of October 1, 2020. Orders must be uploaded through the e-Portal in PDF format in order for them to be placed in the Court’s work queue. Any questions should be directed to e-Portal Help Desk at: (850) 577-4609. The court will not sign, conform and distribute paper orders until further notice.
Proposed findings of fact and conclusions of law must be prepared in Word format and submitted to the specified division email address.
J. At least 10 days prior to the first day of Trial, the parties must prepare proposal Findings of fact and Conclusions of Law in word format, to be submitted to circivdivf@fljud13.org.
DOCX
Each jury instruction must be on a separate sheet, numbered and titled consistently with the approved Supreme Court jury instructions, and submitted in Bookman Old Style 14-point font.
A. Each instruction must be on a separate sheet of paper B. Each instruction should have a number and title consistent with the approved Supreme Court Jury Instructions C. Instructions should be in Bookman Old Style Font, Size 14
Although not mandatory, indexed and tabbed materials are preferred.
While not required, materials that are indexed and tabbed are most useful.
Document Filing Requirements13 rules
A discovery-related motion must contain a certificate of conferral or its hearing will be automatically canceled.
If the motion does not contain a certificate of conferral, the hearing will be automatically cancelled.
Document Type
Discovery Motion
Failure to notify the JA causes the added matter to be stricken, and a hearing involving cross-noticed matters requires an Amended Notice of Hearing listing all matters.
Failure to inform the JA will result in the additional matter being stricken from the calendar. Also, an Amended Notice of Hearing will need ===== PAGE 4 ===== to be filed that includes all of the matters to be heard.
Document Type
Amended Notice Of Hearing
A Pretrial Conference or Trial may not be cancelled unless the matter has completely settled, and the parties must use one of the specified settlement-cancellation procedures.
You may not cancel a Pretrial Conference or Trial unless the matter is completely settled. If the case has settled, the parties must either:
Document Type
Pretrial Or Trial Cancellation
Before judicial review, a proposed order must be shown to the opposing party, which must agree, fail to respond for five days, or indicate that it will submit a competing order.
A proposed order should be submitted for the judge’s review only after the following: The proposed order has been shown to opposing counsel/opposing party, and The Opposing counsel/opposing party has either agreed to the order, or The Opposing counsel/opposing party has failed to respond after five days, or Opposing counsel/opposing party has objected to the proposed ===== PAGE 6 ===== order and indicated that they will submit their own competing order.
Document Type
Proposed Order
An email submitting a competing proposed order must include a cover letter detailing the conflicting issues.
A cover letter must be included that details the conflicting issues.
Document Type
Cover Letter
The cover letter for an agreed proposed order must state the hearing date and identify the opposition’s agreement or five-day nonresponse.
Please include in the cover letter the date of the hearing and that the opposing party has agreed to the proposed order or failed to respond within five days.
Document Type
Cover Letter
Parties must draft one pretrial conference order using the form order, obtain signatures from all participating counsel, and submit it directly to the court at least three days before the conference.
I. Draft one Pre-Trial Conference Order (using the form order located in Forms section), signed by all participating counsel, that shall be submitted directly to the Court at least 3 days prior to the Pre-Trial Conference.
Document Type
Pretrial Order
A motion to compel must satisfy Rule 1.202's conference-certification requirements or it will be denied and its hearing cancelled.
The motion must comply with the good-faith conference certification requirements of Rule 1.202. Motions that do not comply will be denied and hearings cancelled.
Document Type
Discovery Motion
A motion must include the required good-faith-conference certification or it will be denied without prejudice and its hearing cancelled.
Failure to confer and include in the motion the appropriate certification regarding the conferral—with the detail required by the Administrative Order and Rule 1.202—will result in the motion being denied without prejudice and any hearing cancelled.
Document Type
Motion
A motion must include the required conference-certification statement or it will be denied without prejudice and its hearing cancelled.
Failure to confer and include the appropriate certification statement regarding the conferral within the motion—with the detail required by the Administrative Order and Rule 1.202—will result in the motion being denied without prejudice and any hearing cancelled.
Document Type
Motion
A request for a hearing exceeding one hour must identify the case number and name, matter title, filing date, document index number, evidentiary or non-evidentiary hearing type, and requested duration.
You must include the following information: Case Number Case Name Title of the motion or matter for hearing Date that the motion or matter for hearing was filed The document index number, see the Clerk’s Hover System: https://hover.hillsclerk.com/html/home.html. Indicate whether the motion or matter needs an evidentiary hearing or a non-evidentiary hearing Amount of time requested
Document Type
Hearing Request
Every notice of hearing must state the matter title, filing date and docket number, reserved hearing time, court-reporter status and contact information, and whether the hearing is in-person or remote, including remote instructions and the Court’s Zoom number when applicable.
In all notices of hearing, please include the following: The title of the matter to be heard The date filed and the docket number The amount of time reserved for the hearing Whether a court reporter has been ordered, and the court reporter’s name and contact information Whether the hearing is in-person or remote and any necessary instructions for a remote hearing. The Court’s Zoom number is 940 0409 4230. No password required.
Document Type
Notice Of Hearing
A CMC may be scheduled during the UMC docket or a Daily 15 session, and the hearing description should state “Case Management Conference.”
Case Management Conferences (CMC) may be scheduled during the UMC docket or during one of the “Daily 15” hearing sessions. Parties should include “Case Management Conference” under the hearing description.
Document Type
Notice Of Hearing
Filing & Service rules
Electronic Filing Rules
As an alternative settlement-cancellation procedure, the parties must file a Joint Motion to Cancel Pretrial and Trial and upload an order granting it through the e-portal; the orders must be signed before the Pretrial.
File a Joint Motion to Cancel Pretrial and Trial and upload an order granting same via the e-portal indicating the case has settled. The Orders must be signed prior to the Pretrial.
Page 4 | Cancelling Trial and Pre-Trial
If the case has settled, the parties may file a Notice of Voluntary Dismissal, upload an order approving the dismissal through the e-portal, and email a copy of the notice to the JA.
File a Notice of Voluntary Dismissal and upload an Order Approving the voluntary dismissal to the Court through the e-portal. Also, a copy of the Notice of Voluntary Dismissal must be e-mailed to the JA at circivdivf@fljud13.org
Page 4 | Cancelling Trial and Pre-Trial
Parties must associate an e-portal proposed-order submission with the case in JAWS and select recipients to receive rejection notices.
The parties must ensure they are associated to the case in JAWS and have selected recipients for rejection notices.
Page 6 | Directions for Uploading Orders
Party-agreed proposed orders must be uploaded through the court e-portal in PDF format.
Proposed Orders that are agreed upon by the parties are to be uploaded through the e-portal in PDF format.
Page 6 | Agreed Proposed Orders
Unless the court directs otherwise, competing orders must be emailed to the court in Word format with the opposing party copied.
Unless otherwise directed by the Court, competing orders must be submitted to the Court via e-mail to circivdivf@fljud13.org in WORD format and ensure that opposing counsel/opposing party is copied on the e-mail.
Page 6 | Competing Orders
A motion or memorandum exceeding 10 pages must be provided in hard copy.
Motions and/or memorandums that exceed 10 pages in length must be provided in hard copy.
Page 7 | E. Courtesy Copies of Case Law and Other Documents
The court will not accept documents submitted through ShareFile links.
Documents cannot be accepted via sharefile links.
Page 7 | E. Courtesy Copies of Case Law and Other Documents
Each attorney or party entitled to service must register an email address in JAWS for every case, and filing a Portal notice does not satisfy that registration requirement.
Parties must register e-mail addresses on JAWS for each individual case and for each individual attorney or party entitled to service. Filing a notice of an e-mail address through the Portal does not input the e-mail address into the JAWS for purposes of receiving electronically signed orders and judgments, JAWS notifications or e-mail correspondence from the court.
Page 12 | K. Other Division Procedures — Registration on JAWS
Post-judgment motions require court authorization and review, and an email copy bearing the clerk's filing date plus a cover letter must be sent to the judge's office.
Motions for rehearing, clarification, reconsideration, or new trial will not be set for hearing without the Court’s authorization and require the Court’s review. E-mail a copy of the motion that bears the clerk’s e-filing date and a cover letter to the judge’s office for consideration. The e-mail should be sent to circivdivf@fljud13.org.
Page 12 | K. Other Division Procedures — Motions For Rehearing, Clarification, Reconsideration, and New Trial
Proposed orders must be uploaded through Florida e-Portal rather than submitted directly to JAWS or handled as paper orders.
Beginning October 1, 2020: Proposed Orders Are to Be Submitted via Florida e-Portal Jaws will no longer accept proposed orders directly as of October 1, 2020. Orders must be uploaded through the e-Portal in PDF format in order for them to be placed in the Court’s work queue. Any questions should be directed to e-Portal Help Desk at: (850) 577-4609. The court will not sign, conform and distribute paper orders until further notice.
Page 1 | Judicial Practices and Procedures
A motion or memorandum of 10 pages or fewer may be e-mailed, but a copy of the notice of hearing must accompany it.
Motions and/or memorandums that are 10 pages or less in length may be e-mailed. Please include a copy of the notice of hearing.
Page 7 | E. Courtesy Copies of Case Law and Other Documents
The Notice of Cancellation of Foreclosure Sale form must be submitted by fax to the Clerk of the Circuit Court at (813) 272-5508.
Notice of Cancellation of Foreclosure Sale [pdf] - For this form only, please fax to Clerk of the Circuit Court at (813) 272-5508
Page 1 | Forms
Filing Timing and Cure Windows
Additional competing proposed orders must be submitted by the previously described email procedure within five days after the first proposed order is submitted.
Once the first proposed order has been submitted, any additional competing orders must be submitted in the same manner described above within five days.
Page 6 | Competing Orders
Unless the court directs otherwise, a proposed order following a UMC hearing must be submitted within five days after the hearing.
Proposed orders following a hearing from UMC must be submitted within 5 days of the hearing unless otherwise directed by the Court.
Page 6 | Proposed Orders After a Hearing – Timely Submission
Unless the court directs otherwise, all other proposed orders and final judgments after a hearing must be submitted within ten days after the judge’s ruling.
All other proposed orders and final judgments after a hearing must be submitted within 10 days after the judge’s ruling unless otherwise directed by the Court.
Page 6 | Proposed Orders After a Hearing – Timely Submission
Documents must be submitted at least three business days before the hearing, and later submissions may not be considered.
All documents must be submitted at least three business days prior to hearing. Documents submitted after three business days may not be considered.
Page 7 | E. Courtesy Copies of Case Law and Other Documents
Counsel must use the court-provided form to draft one Pretrial Conference Order, obtain the signatures of all participating counsel, and submit it directly to the court at least three days before the pretrial conference.
Draft one Pretrial Conference Order (using the form order located under the “Forms” tab of the undersigned’s web page at http://www.fljud13.org), signed by all participating counsel, that must be submitted directly to the Court at least 3 days prior to the pretrial conference.
Page 8 | H. Pretrial Procedures and Conferences
At least ten days before trial, the parties must prepare proposed findings of fact and conclusions of law in Word format and submit them to the specified division email address.
J. At least 10 days prior to the first day of Trial, the parties must prepare proposal Findings of fact and Conclusions of Law in word format, to be submitted to circivdivf@fljud13.org.
Page 9 | Meeting Prior to Pretrial Conference for Non-Jury Trials
The required pretrial conference order must be submitted to the court at least three days before the pretrial conference.
I. Draft one Pre-Trial Conference Order (using the form order located in Forms section), signed by all participating counsel, that shall be submitted directly to the Court at least 3 days prior to the Pre-Trial Conference.
Page 9 | Meeting Prior to Pretrial Conference for Non-Jury Trials
Unless the court orders otherwise, jury instructions and verdict forms must be filed with the clerk and emailed in Word format at least ten days before the pretrial conference.
Unless otherwise ordered by the Court, ten (10) days prior to the Pretrial Conference, jury instructions and verdict forms must be filed with the Clerk and e-mailed in Word format to the division email address in accordance with the following:
Page 10 | Jury Instructions & Verdict Form
If the party directed to submit a proposed order misses the initial deadline, the opposing party may submit its own proposed order within five days after that period.
If the attorney/party directed to submit the order fails to timely submit the proposed order, the opposing counsel/party may submit a proposed order within 5 days after the initial time period.
Page 6 | Proposed Orders After a Hearing – Timely Submission
Service and Proof of Service Rules
When a pro se party has no e-mail address associated with the case, the attorney must mail the order to that party.
If a party is pro se and does not have an e-mail address associated with the case, the attorney will be responsible for mailing copies of the order to pro se parties.
Page 7 | Conformed Copies to Pro Se Litigants
Courtesy Copy Requirements
After filing and properly flagging an emergency motion, email a courtesy copy to the judicial assistant at circivdivf@fljud13.org.
Please e-mail the JA with a courtesy copy so the Court is aware of the need to act on the motion. The e-mail address is circivdivf@fljud13.org.
Page 7 | F. Emergency and Other Urgent Matters
Filing Bundling Requirements
A cover letter must accompany each party-agreed proposed order uploaded through the e-portal.
A cover letter must also be uploaded with the proposed order.
Page 6 | Agreed Proposed Orders
Counsel must confer about proposed jury instructions and verdict forms before the pretrial conference, advise the court of any agreement, submit one agreed set by email, and separately submit disputed proposed instructions.
D. Counsel must confer prior to the pretrial conference as to any agreement they can reach on the instructions and verdict forms and advise the court at the pretrial conference E. Submit to the Court via e-mail ONE set of instruction upon which all parties agree. Separately submit other instructions that are proposed but upon which the parties do not agree.
Page 10 | Jury Instructions & Verdict Form
Pre-Motion Conference Requirements
The parties must hold a good-faith conference before scheduling a discovery-related motion.
All parties are required to confer PRIOR to setting these matters. A good faith conference is essential for scheduling these matters.
Page 2 | B. Scheduling Procedures
Attorneys and parties must make genuine good-faith efforts to resolve discovery disputes before filing a motion to compel.
The attorneys and parties MUST undertake true, good-faith efforts to resolve discovery disputes before filing a motion to compel.
Page 11 | K. Other Division Procedures — Motions to Compel
Every movant must confer in good faith with the opposing party or counsel to try to resolve the issues raised in the motion.
Movants must comply with Rule 1.202, which requires the movant to confer with the opposing party or opposing counsel in a good faith effort to resolve the issues raised in the motion.
Page 11 | K. Other Division Procedures — Good-Faith Conference
An email exchange alone does not satisfy the good-faith-conference requirement; the lawyers or parties must speak directly.
AN EXCHANGE OF E-MAILS WILL NOT BE SUFFICIENT TO SATISFY THIS REQUIREMENT. THE LAWYERS/PARTIES MUST ACTUALLY TALK TO EACH OTHER.
Page 12 | K. Other Division Procedures — Good Faith Conference
Adjournment & Extension Requirements
A pretrial conference or trial may not be continued by party stipulation; continuation requires a court order.
Pretrial conferences and trials cannot be continued by stipulation of the parties. Only a court order can continue a pretrial conference or a trial.
Page 9 | Continuance of Pretrial Conferences And Trials
Unless the court excuses a hearing, every motion to continue a trial requires a hearing, and the parties must be prepared to select new trial and pretrial conference dates if the motion is granted.
Unless otherwise excused by the Court, a hearing is required on all motions to continue a trial. If the motion is granted, the parties must be prepared to select new dates for trial and pretrial conference at the hearing.
Page 10 | Continuance of Pretrial Conferences And Trials
Chambers Communication Rules
Communications with the judicial office concerning a pending or impending proceeding must comply with Canon 3 and may not be ex parte unless authorized by law.
Ex parte Communications: All communications with the judicial office must comply with Canon 3 of the Code of Judicial Conduct, which prohibits a judge from initiating, permitting, or considering ex parte communications ===== PAGE 2 ===== and from considering other communications outside the presence of the parties concerning a pending or impending proceeding, unless authorized by law.
Page 1 | A. Communications with the Judicial Office
Email the judicial assistant, copy all parties, and include the case number and case name in the subject line.
Please e-mail the JA at circivdivf@fljud13.org and copy all parties with your message or request. The JA will respond as efficiently as possible. Please make sure to include the case number and case name in the subject line of the e-mail. ALL E-MAILS MUST COPY THE OPPOSING COUNSEL/OPPOSING PARTY.
Page 1 | A. Communications with the Judicial Office
All parties must be copied on email sent to the judicial office unless ex parte communication is authorized by law.
All parties must be copied on any e-mail directed to the judicial office, unless an ex parte communication is authorized by law.
Page 2 | A. Communications with the Judicial Office
For a hearing cancellation within 24 hours, the JA must be notified immediately by emailing a copy of the Notice of Cancellation.
Cancelling Hearings Within 24 Hours of Hearing: It is imperative to notify the JA by e-mailing a copy of the Notice of Cancellation to circivdivf@fljud13.org.
Page 4 | Cancelling Hearings Within 24 Hours of Hearing
A Court-scheduled hearing may not be cancelled without Court approval, and the scheduling attorney or party must notify the JA and opposing party promptly after discovering a cancellation or rescheduling need.
Any hearing scheduled by the Court cannot be cancelled without Court approval. If any hearing is canceled or rescheduled, the attorney/party setting the hearing must notify the JA and the opposing attorney/party as soon as possible after discovering the need for the cancellation.
Page 4 | Cancellations
Litigation or requests for relief may not be submitted by email to judicial chambers, and the judicial assistant may answer only scheduling and preference questions and may not provide legal advice.
Litigation by e-mailing chambers is absolutely prohibited. All relief must be sought by motion or stipulation. Parties who seek any form of relief by e- mailing chambers—other than for administrative purposes allowed above—may be sanctioned without further notices. The judicial assistant can only answer questions about scheduling and preferences. The judicial assistant cannot give legal advice.
Page 13 | E-mailing Judicial Chambers
The judicial assistant may answer only scheduling and preference questions and may not hear case details or provide legal advice.
Response to Inquiries: The JA can only answer questions about scheduling and preferences. The JA cannot hear any details of the case and cannot provide legal advice.
Page 2 | A. Communications with the Judicial Office
Cross-noticing is permitted only when all parties agree to hearing the matters together, sufficient time exists for the Court to consider them, and the JA is notified by email of the additional matters.
Matters may only be cross noticed if ALL parties agree to all matters being heard at the same time AND only if there is sufficient time for the Court to hear/consider multiple matter at one hearing. Please make sure to e-mail the JA to let the Court know what other matters are being added.
Page 3 | Cross Noticing
A hearing exceeding one hour requires Court approval and must be requested by email to the JA with specified case, filing, hearing-type, and duration information.
All Hearings exceeding one hour must be approved by the Court. To request such a hearing, please e-mail the request to the JA at circivdivf@fljud13.org. You must include the following information:
Page 3 | Scheduling Procedures
A hearing scheduled through JAWS must be cancelled through JAWS, while a hearing scheduled by email must be cancelled by submitting a Notice of Cancellation to the Court’s division email address.
If the hearing was scheduled on JAWS, the scheduling party must cancel their own hearing through JAWS. If hearing was scheduled via e-mail, the scheduling party must cancel their own hearing by submitting a Notice of Cancellation via the court’s division e-mail address, which is circivdivf@fljud13.org.
Page 4 | Cancelling Hearings with More Than 24 Hours’ Notice
Email inquiries about trial dates not listed on the court’s website will be deleted without a response.
Email or voice mail inquiries regarding trial dates not listed on the Court’s website will be deleted without a response.
Page 1 | Schedule
If sufficient JAWS time is unavailable, the judicial assistant may be emailed at circivdivf@fljud13.org with all sides copied and the case number, case name, matter, and requested duration stated.
IF YOU CANNOT FIND ENOUGH TIME on JAWS soon enough for your needs, please email the JA at circivdivf@fljud13.org, copying all sides and stating the case number, case name, matter to be heard and the amount of time needed.
Page 1 | Schedule
Questions about proposed-order submission through e-Portal may be directed to the e-Portal Help Desk by telephone at (850) 577-4609.
Any questions should be directed to e-Portal Help Desk at: (850) 577-4609.
Page 1 | Judicial Practices and Procedures