GENERAL RULES AND REQUIREMENTS SCHEDULING HEARINGS
GENERAL RULES AND REQUIREMENTS SCHEDULING HEARINGS
GENERAL RULES AND REQUIREMENTS SCHEDULING HEARINGS
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<strong>GENERAL</strong> <strong>RULES</strong> <strong>AND</strong> <strong>REQUIREMENTS</strong><br />
<strong>SCHEDULING</strong> <strong>HEARINGS</strong>:<br />
ALL HEARING DATES MUST BE COORDINATED. Once a hearing date has been selected<br />
and coordinated, please contact Judge Laboda’s Judicial Assistant, Kathleen at 239-533-2744 to<br />
schedule the hearing. You must speak with the Judicial Assistant personally to schedule a<br />
hearing; no messages regarding scheduling are to be left.<br />
NOTICE: In compliance with the Twentieth Circuit Standards of Professionalism, all Notice<br />
of Hearings shall reflect the following:<br />
Whether the date and time have been coordinated with opposing counsel. If the<br />
attorney has been unable to coordinate the hearing with opposing counsel, the<br />
notice should state the specific good faith efforts the attorney undertook to<br />
coordinate or why coordination was not obtained.<br />
NOTE THE FOLLOWING:<br />
If a hearing of 45 minutes or more is needed, counsel shall first send a copy of the<br />
motion to the Judge with a cover letter. The cover letter shall set forth the agreed<br />
amount of hearing time needed. If not agreed, the cover letter must set out each<br />
attorney’s time estimations and reasoning.<br />
Once a motion is scheduled, subsequent motions may not be “piggybacked” or<br />
“cross-noticed” onto the time reserved for the first motion absent prior approval<br />
of the Court and the original scheduling attorney.<br />
Each party will be entitled to one-half of allotted hearing time.<br />
MOTIONS THAT MUST BE HEARD BY MAGISTRATE:<br />
The Judges of the Circuit Civil Division require attorneys to schedule all discovery motions<br />
before Magistrate Robert L. Crongeyer. For hearing time please contact Lily in Magistrate<br />
Crongeyer's office at 239-533-2583. These motions include:<br />
Motion to Compel<br />
Motion for Protective Order<br />
Objection to Interrogatories/Request to Produce<br />
Motion for In Camera Inspection<br />
Motion for Contempt<br />
Motion to Amend<br />
Motion to Strike<br />
Motion to Dismiss
If you are requesting a hearing on a Motion to Compel, you are required to file a Certificate of<br />
Good Faith. Once you have filed the Certificate of Good Faith you may contact the Magistrate's<br />
office at 239-533-2583 to obtain hearing time. You will then need to submit the Order of<br />
Referral to our office along with a courtesy copy of your Certificate of Good Faith. Please be<br />
sure to provide copies and stamped, addressed envelopes for conforming. The scheduling<br />
attorney must prepare an "Order of Referral" for the Judge's signature, unless an Order has<br />
previously been entered.<br />
TELEPHONE APPEARANCES THROUGH COURT CALL: (15 minutes or less only)<br />
If you have obtained court permission to attend a hearing telephonically (by order), all phone<br />
hearings must be set up through CourtCall at least three business days in advance of the hearing<br />
at the absolute latest. CourtCall can be contacted at 888-882-6878 or www.courtcall.com. If<br />
someone is planning to attend by phone, the hearing must be scheduled and designated as a<br />
phone hearing on JACS and noticed accordingly. Any party or attorney that wishes to attend a<br />
hearing telephonically via CourtCall will be responsible for the payment of their own CourtCall<br />
fees, for making timely arrangements with CourtCall, and ensuring the hearing notice reflects<br />
telephonic attendance is planned. If attending a hearing by phone, you should call into CourtCall<br />
at least five to ten minutes prior to the scheduled hearing time to ensure your timely appearance<br />
and to provide ample time to address connection problems, if any. Also, please do not place your<br />
phone on hold at any time while you are on CourtCall and remain quiet until your case is called.<br />
DOCUMENTS SUBMITTED TO COURT:<br />
When submitting documents or proposed Orders for the Court’s consideration, a cover letter<br />
must be submitted, along with the documents or proposed Orders outlining the materials being<br />
directed to the Court and state the reasons for such submissions.<br />
All counsel and/or other parties (if not represented by counsel) shall be copied on the<br />
cover letter and provided a set of the documents being submitted to the Court. The<br />
cover letter must list the names of all counsel or other parties to whom copies were<br />
sent.<br />
If submitting a proposed Order or other such document, the cover letter must indicate<br />
that all counsel have reviewed the proposed submission and indicate whether or not<br />
they have an objection to the same. If there is an objection both parties must submit<br />
their proposed Orders or documents in the same envelope to the Court, outlining the<br />
objections and copying all parties with enclosures. Self addressed, stamped<br />
envelopes should be included along with copies to be conformed of all proposed<br />
Orders. The Court will not hold Orders pending objection by the parties. All<br />
Orders not in conformity with the above will be returned.<br />
EMERGENCY <strong>HEARINGS</strong>:
All requests for emergency hearings must be submitted to the Judge in writing with a copy of the<br />
verified Motion signed not only by counsel but also their client(s). The motion must be filed<br />
with the clerk prior to submission. All parties of interest shall be copied on the correspondence<br />
to the Court. After review, the Judge will determine if hearing time is required.<br />
CANCELLATIONS:<br />
If you cancel a hearing you are required to file a Notice of Cancellation.<br />
Said notice should first be filed with the Clerk of the Court, with copies being provided to all<br />
parties and counsel of record, as well as the Judge’s office, as soon as counsel becomes aware<br />
that the hearing is to be cancelled. The notice should indicate that the opposing side either<br />
agreed to the cancellation or is otherwise given reasonable notice of the cancellation.<br />
CONTINUANCES:<br />
SANCTIONS:<br />
This Court strictly adheres to Fla.R.Jud.Admin. 2.085(e) and Fla.R.Civ. P. 1.460<br />
Continuances will rarely be granted, and then only upon a showing of an<br />
unanticipated event and good cause.<br />
Stipulations: Trials are not automatically continued by the submission of a<br />
stipulation. A stipulation must be signed by all counsel and all parties and shall<br />
be submitted to the Court detailing the reasons a continuance is necessary. The Judge<br />
will determine if a hearing is required. All parties shall continue to prepare for<br />
trial as scheduled until an Order is entered granting a continuance.<br />
Motions: All opposed motions must include the moving party’s written consent,<br />
and be coordinated for hearing using JACS and in compliance with the requirements<br />
set forth herein.<br />
Failure to comply with these standard procedures and requirements and the administrative orders<br />
upon which they are based may result in the cancellation of hearing, termination of the privilege<br />
to appear telephonically, or any other sanctions the Court deems appropriate.