div09procedures.pdf

DAVID KRATHEN CIRCUIT COURT JUDGE

CIVIL DIVISION (09) SEVENTEENTH JUDICIAL CIRCUIT OF

FLORIDA

BROWARD COUNTY COURTHOUSE 201 S.E. 6TH STREET, #1005A FORT LAUDERDALE, FL 33301

(954) 831-6389

CIVIL DIVISION (09) PROCEDURES

Chambers 1005 (A) Judicial Assistant Ms. Gigi Rosende

(954)831-6389 OFFICE HOURS

8:45 A.M. TO 5:00 PM. Office is closed from 12:00 (Noon) to 1:30 PM.

PROCEDURES FOR

CIRCUIT COURT JUDGE DAVID KRATHEN

(Amended as of July 27, 2011)

ONLINE SCHEDULING IS REQUIRED

for Motion Calendar, Special Set Hearings,

and Scheduling a case for Trial

Available at www.17th.flcourts.org

(Click Online Scheduling) See Local Rule 10A

(http://www.17th.flcourts.org/Local_Rule_10A.pdf)

MOTION CALENDAR HEARINGS ARE AT 8:45 AM: Bring an extra copy of the motion and hand it to the judge at the commencement of the hearing. Motion calendar is capped at 40 cases per calendar

All Uniform Motion Calendar and Special Set Hearings for 15 or 30 minutes must be scheduled using the Online Scheduling system. Place the On-Line Receipt on the top of the motion.

See footnote below for registration information.1

SPECIAL SET HEARINGS:

AVAILABLE SPECIAL SET DOCKETS

2011 June 6th - June 29th

August 15th August 26th September 26th October 20th

November 3rd

December 5th December 15th

2012

January 23rd February 3rd

All special set hearings greater than 30 minutes must be coordinated with Judge Krathens Judicial Assistant. All counsel must consult to clear dates to make sure that you do not try to squeeze a hearing into a time slot that does not provide

adequate time to resolve the motion! No add-ons will be permitted without approval of the court. If the matter settles, or

you need to obtain a new date, you must notify the judges office within 24 hours of the hearing, otherwise sanctions may be imposed.

Hearings that have been posted to the Special Set Docket may only be cancelled by parties if an agreement on the merits has been

reached and the parties have entered into a written stipulation, or with court approval (Local Rule 10A).

1 All lawyers setting hearings online are required to register an account and schedule such hearings at

.17th.flcourts.org. Click online scheduling in the lower right hand corner, and follow the procedures outlined. If you have any difficulty in the registration or scheduling of hearings, send an e-mail to [email protected] with a description of your problem, and it will be attended to at that time. Do Not Call the Judicial Assistant for any assistance. If you fail to follow the requirement of scheduling motion calendar hearings on the courts Online Motion Calendar Scheduling system, your motion will not be heard.

If the parties cannot agree on a date or the length of the hearing, then all persons responsible for scheduling such hearing for each

party must participate in a conference call to the Courts Judicial Assistant in order to schedule the hearing. The courts are

overburdened with an increased caseload. If you do not cancel specially set hearings, it causes a waste of judicial resources, as other litigants would likely be unable to utilize the time set aside.

You must send a copy of the notice, and the motion (along with any accompanying memoranda, cases or other supporting

authorities) to the Judges Chambers, no later than 5 business days prior to the scheduled hearing date.

All parties must confer prior to scheduling the hearing and in good faith attempt to reach a resolution of the issues.

EMERGENCY HEARINGS PROCEDURE:

The Judges Judicial Assistant is not permitted to schedule any emergency hearings without approval by the Judge. In order to obtain a hearing time for an Emergency Hearing, your very first step is to provide the Judges Office with a copy of the motion and other supporting documentation, along with a cover letter advising how much time is requested for the hearing taking into account the amount of time that may be required by all potential parties. After the judge has reviewed the motion, instructions will be provided to the Judicial Assistant as to whether grounds

sufficiently set forth a need for an emergency setting, and you will then be contacted. If an Emergency Hearing is deemed

appropriate, the Judicial Assistant will then contact you to schedule a hearing when sufficient if time is available.

TELEPHONE CALLS TO CHAMBERS:

CALLS TO CHAMBERS SHOULD ONLY BE NECESSARY IF YOU FOLLOW THE PROCEDURES OUTLINED HEREIN,

AND MUST BE BRIEF!

OFFICE HOURS: 8:45 AM 5:00 PM, MONDAY-FRIDAY. When calling Chambers, ours staff will not answer the phone before 10 a.m., or between 12:00 noon and 1:30 pm. Do not call with

questions that can be answered simply by reading the information contained in this Website.

WE DO NOT WANT TO BE DISCOURTEOUS, BUT A GOOD PART OF A JUDICIAL ASSISTANTS DAY IS TAKEN UP BY ANSWERING QUESTIONS THAT ARE SIMPLY ANSWERED BY

READING THE INFORMATION CONTAINED WITHIN THIS WEBSITE.

EX-PARTE COMMUNICATIONS: Please do not ask this Courts Judicial Assistant or other court personnel to communicate any message to the judge. This is prohibited ex-parte communication.

The courts staff is not permitted to relay ex parte information to the judge.

TELEPHONE APPEARANCES

NOT PERMITTED where counsels office is located in the tri-county area (Broward, Miami-Dade, Palm Beach). Outside the

tri-county area, we do allow telephone appearances for brief, uncomplicated matters. If permitted, you must indicate on the Notice of Hearing that your appearance will be on the telephone. You must call Chambers at the scheduled time of the hearing, 8:45 A.M., and your call will be placed on hold until the hearing begins. Only one party can call in for any motion. Due to the lack of adequate communication equipment in the courthouse, no conference calls with two or more parties on the line are permitted

unless all parties to the proceeding participate on the same conference call, in which case no other party will be permitted to

be physically present in Chambers in a conference call hearing. WHEN YOU ATTEND BY PHONE, you must have delivered all relevant pleadings, case law or statutes relied upon to the

Judge PRIOR to commencement of the hearing, AND all materials must be tabbed or indexed for ease of reference.

Mail-in Proposed Orders

Any and all proposed Orders submitted to the Judge must be

accompanied by the motion, copies to be conformed, and stamped-addressed envelopes for all parties. FOR COMMERCIAL AND RESIDENTIAL FORECLOSURE CASES SEE NEW ADMINISTRATIVE ORDER

NUMBER 2010-44-CIV2

ATTORNEY WITHDRAWAL: WITHOUT A SUBSTITUTION OF COUNSEL:

2 The attorney submitting the order of judgment for entry in a commercial or residential foreclosure case shall be

responsible for mailing to all parties a conformed copy of the order or judgment upon entry.

ALWAYS INCLUDE YOUR FORMER CLIENTS NAME AND ADDRESS IN THE CERTIFICATE OF SERVICE ON THE

NOTICE OF HEARING and THE MOTION.

PROPOSED ORDERS MUST INCLUDE A PARAGRAPH THAT STATES:

FOR INDIVIDUALS:

ALL FUTURE PLEADINGS FOR THE ___[PARTY BEING WITHDRAWN FROM]____, SHALL BE SERVED UPON ____[INSERT NAME AND ADDRESS

OF FORMER CLIENT]____. IF THE PARTY IS AN INDIVIDUAL, YOU MAY APPEAR ON YOUR OWN BEHALF AS A PRO-SE.

FOR CORPORATIONS, LLCS, ETC.

IF THE PARTY IS A CORPORATION, FLORIDA LAW REQUIRES THAT A CORPORATION BE

REPRESENTED BY AN ATTORNEY. FAILURE TO TIMELY RETAIN NEW COUNSEL WHO FILES AN APPEARANCE ON BEHALF OF THE

CORPORATION WITHIN 20 DAYS FROM THE DATE OF THIS ORDER MAY RESULT IN THE

ENTRY OF A DEFAULT.

EX-PARTE Mail In Motions To Withdraw:

Your Motion must have the clients signed consent attached. Otherwise, you must set the motion on the motion calendar, certify that a copy of

the motion and notice of hearing was provided to your client at the last known address. All Orders on withdrawal must have the name and address of

your former client for service of further pleadings.

SUBSTITUTION OF COUNSEL: Stipulations shall be executed by both the former

attorney and the new Attorney.

COURT HOLIDAYS:

Do not schedule hearings or plan to be in trial on the following dates:

February 21, 2011 (Presidents Day) April 22, 2011 (Good Friday)

May 30, 2011 (Memorial Day) July 4, 2011 (Independence Day)

September 5, 2011 (Labor Day) September 29, 2011(Rosh Hashanah ) November 11, 2011 (Veterans Day)

November 24, 2011 (Thanksgiving Day) November 25, 2011 (Day After Thanksgiving Day) December 26, 2011 (Christmas Day)

JURY AND NON-JURY TRIALS:

See Procedures for Setting Cases for Trial at the following footnote.3 If any party has a conflict with a scheduled trial

3 PROCEDURES FOR SETTING CASES FOR TRIAL IN THE CIRCUIT COURT OF THE SEVENTEENTH

JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA, Administrative Order Number 2010-33-Civ: AMENDED ADMINISTRATIVE ORDER INSTITUTING A UNIFORM TRIAL ORDER (a) Florida Rule of Judicial Administration 2.215(b)(3) states the chief judge shall develop an administrative plan for

the efficient and proper administration of all courts within that circuit.

(b) Florida Rule of Civil Procedure 1.200(c) requires a uniform order for pretrial conferences for the Circuit. The circuit civil judges determined it is appropriate to incorporate a uniform pretrial conference order with requirements for the conduct of the trial into a Uniform Trial Order.

(c) In accordance with the authority vested in the chief judge by Florida Rule of Judicial Administration 2.215, it is ordered: (1) The Uniform Trial Order for the circuit civil division is attached as Exhibit A. The Uniform Trial Order shall be posted on the web page for the Seventeenth Judicial Circuit.

(2) The judges assigned to circuit civil divisions shall implement the Uniform Trial Order for all cases set for trial on or after May 3, 2010.

(3) When a case is at issue and ready for trial in accordance with Fla. R. Civ. P. 1.440, all parties shall communicate and agree upon a trial period and pretrial conference date. Each divisions trial period and pretrial conference dates are available at www.17th.flcourts.org.

(4) The plaintiff shall prepare and complete the Uniform Trial Order with the trial period and pretrial conference date and submit the order with the appropriate number of copies and addressed, stamped envelopes to the division judge.

(5) The plaintiff shall file the original Notice for Trial with the Clerk of Court and provide a courtesy copy to the division judge simultaneously with the completed Uniform Trial Order as required herein.

(6) If the parties cannot agree on a trial period or pretrial conference date, the plaintiff may set the Notice for Trial on the division judges motion calendar or the division judge may set the case for trial without further hearing.

(7) Local Rule 9 is vacated and superseded by this Administrative Order on May 3, 2010.

date, a motion directed thereto must be filed and heard at Motion Calendar prior to the date of Calendar Call. Otherwise,

a Motion for Continuance will not be considered at Calendar Call unless it is grounded upon a legitimate emergency.

TRIAL DOCKETS CURRENTLY AVAILABLE

2011

September 6th September 23rd (OPEN) November 7th December 2nd

2012

January 4th January 20th

February 6th - February 24th

We understand and expect that many cases will settle after placement on a trial docket. However, we expect that if your case does resolve, as a professional courtesy to the court, a

phone call will be placed to the judicial assistant as soon as possible, so that we can properly manage the rest of our docket.

CAUTIONARY NOTE: The order of the cases placed on any particular docket does not necessarily reflect the order in

which the cases will be selected for trial (except for Special Set cases). The order will be determined at Calendar Call.

TRIAL POOL: If your case is not selected as the first case for trial at the Calendar Call, it is very likely that your case will

placed in the Civil Trial Pool, where other Judges with time available will be assigned your case for trial. Therefore, be prepared! You must not assume your case will not be reached.

Your case may be called for trial during any day of the docket.

ROLLING OVER OF CASES NOT REACHED: It is customary for the court to roll-over all cases not reached on a particular docket to the very next trial docket. If your case is not

reached on any particular trial docket, the court will generally issue an order specifying a new trial docket. If you have not received such an order within 10 days of the end of the last

calendar, call the judicial assistant to inquire when your case will be re-set.

DONE AND ORDERED in chambers at Fort Lauderdale, Broward County, Florida on April 23, 2010. s/Victor Tobin

MOTIONS FOR RE-HEARING

SEE ADMINISTRATIVE ORDER 2010-47-GEN)

UPON THE FILING OF A MOTION FOR REHEARING AND/OR RECONSIDERATION WITH THE CLERK OF COURT, THE

FILING PARTY SHALL PROVIDE A COURTESY COPY TO THE DIVISION JUDGE ALONG WITH STAMPED ENVELOPES ADDRESSED TO ALL PARTIES.A MEMORANDUM OF LAW SHALL BE INCORPORATED INTO THE MOTION FOR REHEARING AND/OR RECONSIDERATION WITH THE LEGAL BASIS FOR THE COURT TO GRANT THE RELIEF REQUESTED.

THE DIVISION JUDGE UPON REVIEW MAY GRANT THE MOTION OR SET THE MOTION FOR HEARING OR DENY THE

MOTION.

MOTIONS FOR NEW TRIAL:

(see F.R Civ. P.: Rule 1.530, Fla. R. Civ. P., entitled Motions for New Trial and Rehearing, subsection (b)). All motions must be served not later than 10 days after the

return of the verdict in an jury action or the date of filing of the judgment in a non-jury action.

EX-PARTE/AGREED ORDERS

When sending in orders (EX-PARTE UNOPPOSED MOTIONS, STIPUATIONS, AGREED, ETC.) for the Judges signature: Send a cover letter and include enough copies of proposed copies of the order for ALL parties with self addressed stamped envelopes. All parties must be copied on all correspondence and pleadings.

For additional information regarding the 17th Judicial Circuit please visit our web site at www.17th.flcourts.org.

We do not have a fax machine for incoming faxes. All correspondence must be mailed or hand delivered to the Judges Chambers Room #1005A.

Reminder

Thank you for your assistance and patience.

Division (09) JUDGE DAVID KRATHEN

div09procedures.pdf

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