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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.

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