Local Rules, Local Rules, Administrative Orders, Administrative Orders,

Divisional Instructions….Help!! Divisional Instructions….Help!! What Do They All Mean? What Do They All Mean?

January 29, 2014 January 29, 2014

What is the difference between What is the difference between a local rule and an a local rule and an

administrative order? Do I administrative order? Do I really have to follow them?really have to follow them?

• Local Rules:Local Rules:• A rule of practice or procedure of A rule of practice or procedure of

the circuitthe circuit• Approved by the Supreme CourtApproved by the Supreme Court

• Administrative Orders: Administrative Orders: • Issued by the Chief JudgeIssued by the Chief Judge• Directives necessary to properly Directives necessary to properly

administer the court’s affairsadminister the court’s affairs

Administrative Order SeriesAdministrative Order Series

• Series 2 – All DivisionsSeries 2 – All Divisions• Series 3 – CivilSeries 3 – Civil• Series 4 – CriminalSeries 4 – Criminal• Series 5 – Family & JuvenileSeries 5 – Family & Juvenile• Series 6 – Probate & GuardianshipSeries 6 – Probate & Guardianship• Series 10 – TrafficSeries 10 – Traffic• Series 11 – Internal ProceduresSeries 11 – Internal Procedures

How do I know if an How do I know if an Administrative Order has been Administrative Order has been

updated or amended?updated or amended?

Updated Administrative OrdersUpdated Administrative Orders

Updated Administrative OrdersUpdated Administrative Orders

Do I have to call ahead to the Do I have to call ahead to the judge’s office to schedule an judge’s office to schedule an

8:45 Uniform Motion Calendar 8:45 Uniform Motion Calendar hearing (UMC)?hearing (UMC)?

1515thth Circuit – Local Rule 4 Circuit – Local Rule 4 Uniform Motion CalendarUniform Motion Calendar

entered January 1991 entered January 1991

Local Rule 4 Local Rule 4 Administrative Order 3.201Administrative Order 3.201Administrative Order 5.201Administrative Order 5.201

• Circuit Civil UMC: M-Th 8:45-9:30

• Ten minute hearings (5 minutes/side)

• Non evidentiary hearings

• Courtesy Copy of Notice, Motion and Proposed Order(s) with Envelopes

Opposing counsel failed to show Opposing counsel failed to show for a properly noticed UMC for a properly noticed UMC hearing, what should I do?hearing, what should I do?

Local Rule 4 (6) Local Rule 4 (6)

Failure of any party to appear at the Failure of any party to appear at the time set for the commencement of time set for the commencement of the calendar shall not prevent a the calendar shall not prevent a party from proceeding with the party from proceeding with the hearing. hearing.

If a party called for hearing chooses to If a party called for hearing chooses to wait for an absent party, the matter wait for an absent party, the matter will be passed over but shall retain will be passed over but shall retain its position on that day's calendar.its position on that day's calendar.

The Judge asked me to prepare a The Judge asked me to prepare a proposed order. Is there a special proposed order. Is there a special

format that I have to use or are format that I have to use or are there specific procedures that I there specific procedures that I

have to follow? have to follow?

Local Rule 3Administrative Orders 2.306, 3.204 & 5.204

• The moving party must furnish the Court with:The moving party must furnish the Court with:• correct number of copies of a proposed order or correct number of copies of a proposed order or

judgment and;judgment and;• stamped addressed envelopes with sufficient postage stamped addressed envelopes with sufficient postage

(unless division e-serves).(unless division e-serves).

• Proposed orders:Proposed orders:• must be delivered, faxed or read to opposing counsel must be delivered, faxed or read to opposing counsel

at least one day prior to submat least one day prior to submission ission • must be submitted within 10 working days.must be submitted within 10 working days.

• All orders:All orders:• Signature page must contain portion of the text.Signature page must contain portion of the text.• Must list the name and address of all persons receiving Must list the name and address of all persons receiving

copiescopies

I would like to move the Court I would like to move the Court for a rehearing. Can I set this for a rehearing. Can I set this

motion to be heard on the motion to be heard on the Uniform Motion Calendar?Uniform Motion Calendar?

Local Rule 6Local Rule 6Petitions for Rehearing Petitions for Rehearing

• Petition is to be filed with the clerk of court.

• A copy of both the Petition and the order at issue is to be provided to the judge.

• The judge will either deny the petition or set it for oral argument.

I have scheduled a deposition in a I have scheduled a deposition in a personal injury case with a witness personal injury case with a witness

who I know has a concealed weapon’s who I know has a concealed weapon’s permit and who has previously permit and who has previously

threatened me.threatened me.

Can I take the deposition at the Can I take the deposition at the courthouse since there is screening?courthouse since there is screening?

Administrative Order 2.107Administrative Order 2.107Deposition RoomsDeposition Rooms

• Main Judicial Center: Rooms on the Main Judicial Center: Rooms on the 44thth Floor are available on Tuesdays & Floor are available on Tuesdays & Fridays and Thursday afternoons.Fridays and Thursday afternoons.

• South County: Rooms 2W-151 and South County: Rooms 2W-151 and 2W-152 are available on Mondays 2W-152 are available on Mondays and Fridays.and Fridays.

• First come-First served. No First come-First served. No reservations are accepted.reservations are accepted.

44thth Floor Main Courthouse Floor Main Courthouse

South County CourthouseSouth County Courthouse

Criminal, Dependency & Criminal, Dependency & Delinquency DepositionsDelinquency Depositions

• Administrative Order 2.501Administrative Order 2.501

• Witness Management OfficeWitness Management Office

• Location: Fifth Floor central Location: Fifth Floor central courthousecourthouse

• Electronically Recorded DepositionsElectronically Recorded Depositions

Why do I have to include all this Why do I have to include all this language about disability language about disability accommodations on my accommodations on my

Summonses and Summonses and Notices of Hearings?Notices of Hearings?

Rule of Judicial Administration 2.540 Rule of Judicial Administration 2.540 & Administrative Order 2.207& Administrative Order 2.207

• All summonses and notices of hearings shall All summonses and notices of hearings shall include the approved ADA language in bold 14 include the approved ADA language in bold 14 point fontpoint font (times new roman or courier font).(times new roman or courier font).

• Must include Spanish and Creole translations.Must include Spanish and Creole translations.

• 7 days advance notice is required.7 days advance notice is required.

• Translation is on the Circuit’s website.Translation is on the Circuit’s website.

ADA Requests ADA Requests (party/witness with a disability)(party/witness with a disability)

• The Court arranges and pays for:The Court arranges and pays for:

• ASL interpreters ASL interpreters • Real-time transcription Real-time transcription • Braille documentsBraille documents• TTY phonesTTY phones

• ADA requests may be made by:ADA requests may be made by:• ADA@pbcgov.org ADA@pbcgov.org • (561) 355-4380(561) 355-4380

If the court provides a sign If the court provides a sign language translator under the language translator under the

ADA, would the court then also ADA, would the court then also provide a foreign language provide a foreign language

interpreter?interpreter?

• Court Administration only provides Court Administration only provides foreign language translators in foreign language translators in specific types of due process areas specific types of due process areas (such as in criminal matters or (such as in criminal matters or domestic violence cases).domestic violence cases).

• You are required to bring your own You are required to bring your own foreign language translator to foreign language translator to proceedings in the civil division.proceedings in the civil division.

I filed a Motion to Compel I filed a Motion to Compel Discovery but was scolded by Discovery but was scolded by the judge for not contacting the the judge for not contacting the opposing party. Why would I opposing party. Why would I

have to do this?have to do this?

Administrative Order 3.202 Administrative Order 3.202 Motions to Compel DiscoveryMotions to Compel Discovery

Motions or Notice of Hearing on Motions or Notice of Hearing on Motions to Compel Discovery must Motions to Compel Discovery must contain a certificate that:contain a certificate that:

• opposing counsel was contacted opposing counsel was contacted

• an attempt to resolve the discovery an attempt to resolve the discovery dispute without a hearing was made.dispute without a hearing was made.

• dispute could not be resolved.dispute could not be resolved.

I called the judge’s office to try I called the judge’s office to try and schedule a hearing on my and schedule a hearing on my emergency motion but the JA emergency motion but the JA

said no. It will only take 5 said no. It will only take 5 minutes - why can’t the judge minutes - why can’t the judge

just hear the motion? just hear the motion?

Administrative Order 3.206/5.203Administrative Order 3.206/5.203Emergency Matters in Civil/FamilyEmergency Matters in Civil/Family

Requests for Emergency Hearings Requests for Emergency Hearings shall be decided by each judge shall be decided by each judge on the Emergency Motion alone.on the Emergency Motion alone.

Family cases: imminent risk of Family cases: imminent risk of physical harm to child or child is physical harm to child or child is about to be removed from about to be removed from jurisdiction.jurisdiction.

Am I permitted to hand deliver Am I permitted to hand deliver courtesy copies to the courtesy copies to the

judge’s assistant?judge’s assistant?

Judicial Mail Judicial Mail (judges and clerk’ s office)(judges and clerk’ s office)

• No hand deliveries to judgeNo hand deliveries to judge

• Time stamp documents in and sign Time stamp documents in and sign log at front desklog at front desk

• Judicial Drop off box located through Judicial Drop off box located through security by elevatorssecurity by elevators

• No dropping off after 4:45No dropping off after 4:45

Hand Deliveries for Judges Hand Deliveries for Judges sign in, time stamp and drop off by 4:45sign in, time stamp and drop off by 4:45

All mail must be searched & opened in the mail roomAll mail must be searched & opened in the mail room

There is information in a court There is information in a court filing that both sides agree the filing that both sides agree the public should not see. Can we public should not see. Can we submit an agreed order to seal submit an agreed order to seal

the file or the pleading?the file or the pleading?

Rule of Judicial Administration 2.420Rule of Judicial Administration 2.420Public Access to Judicial RecordsPublic Access to Judicial Records

• Revised March 2010Revised March 2010

• Outlines procedure for determining Outlines procedure for determining confidentiality of court recordsconfidentiality of court records

• ““Notice of Confidential Information Notice of Confidential Information within Court Filing”within Court Filing”

• Oral Arguments held Sept. 2012 Oral Arguments held Sept. 2012 regarding changesregarding changes

Administrative Order 2.303Administrative Order 2.303

• Procedure for requesting sealing of Procedure for requesting sealing of files or proceedings not addressed files or proceedings not addressed in Rule of Judicial Administration.in Rule of Judicial Administration.

• Press and public have right to Press and public have right to notice and to be heard on the notice and to be heard on the sealing.sealing.

What is the Difference Between What is the Difference Between E-Service and E-Filing E-Service and E-Filing

Rule of Judicial Administration 2.516Rule of Judicial Administration 2.516Service of Pleadings and DocumentsService of Pleadings and Documents

• Effectively eliminated Rule 1.080 (it now Effectively eliminated Rule 1.080 (it now simply states to refer to 2.516)simply states to refer to 2.516)

• Email service only for attorneys in civil, Email service only for attorneys in civil, family, probate, appeals effective family, probate, appeals effective September 1, 2012. September 1, 2012.

• Optional for the Court to serve by emailOptional for the Court to serve by email

• Rule lists requirements as how the Rule lists requirements as how the document is to be attached and what document is to be attached and what information is needed in email.information is needed in email.

Rule of Judicial Administration 2.525Rule of Judicial Administration 2.525E-Filing of Pleadings and DocumentsE-Filing of Pleadings and Documents

• Effective April 1, 2013 filings will be Effective April 1, 2013 filings will be made electronically through the made electronically through the Clerk’s Portal for civil and family.Clerk’s Portal for civil and family.

• https://www.myflcourtaccess.com/https://www.myflcourtaccess.com/

• The electronic filing of the document The electronic filing of the document will NOT serve the document.will NOT serve the document.

I tried to efile a document with I tried to efile a document with the clerk’s portal but I got back the clerk’s portal but I got back

a message stating that the a message stating that the document was put into the document was put into the

queue. What does that mean?queue. What does that mean?

Administrative Order 2.312Administrative Order 2.312Electronic Filing of DocumentsElectronic Filing of Documents

• original documentsoriginal documents• affidavitsaffidavits• returns of service returns of service • verified documentsverified documents• non conforming documentsnon conforming documents

I am switching law firms and I am switching law firms and taking some active litigation files taking some active litigation files

with me. Do I need to notify with me. Do I need to notify anyone at the courthouse about anyone at the courthouse about my new business address and my new business address and

phone number?phone number?

Notice of Change of AddressNotice of Change of Address

• Administrative Order 2.311Administrative Order 2.311

• File a Notice of Change of Address in File a Notice of Change of Address in each case you are taking with you.each case you are taking with you.

• Have your old firm file a notice of Have your old firm file a notice of change of attorney in the cases that change of attorney in the cases that are remaining with the firm.are remaining with the firm.

How Should I Title a Motion or How Should I Title a Motion or Proposed OrderProposed Order

• Include Name of PartyInclude Name of Party

• Include Description of Motion/OrderInclude Description of Motion/Order

• Do Not Simply state “Motion” or Do Not Simply state “Motion” or “Agreed Order” or “Order”“Agreed Order” or “Order”

Examples:Examples:

• Plaintiff, John Smith’s, Motion for Leave Plaintiff, John Smith’s, Motion for Leave to File Second Amended Complaintto File Second Amended Complaint

• Order Granting Plaintiff, Peter Jones’, Order Granting Plaintiff, Peter Jones’, Motion to Strike Third Affirmative Motion to Strike Third Affirmative DefenseDefense

Why do I receive notices of Why do I receive notices of lack of prosecution or lack of lack of prosecution or lack of

service from the court in service from the court in some cases but not in others?some cases but not in others?

Case Management ProjectCase Management Project

• 1.070 (j) – Lack of Service 1.070 (j) – Lack of Service

• 1.420 (e) – Lack of 1.420 (e) – Lack of ProsecutionProsecution

Closure of CasesClosure of Cases• Rule 1.100(c)(3) & Form 1.998 – Final Rule 1.100(c)(3) & Form 1.998 – Final

Disposition Form administratively closes the Disposition Form administratively closes the file and removes from court’s pending file and removes from court’s pending caseload caseload

• File form 1.998 with Clerk after filing File form 1.998 with Clerk after filing Voluntary Dismissal or Final Judgment.Voluntary Dismissal or Final Judgment.

• Stipulation for Dismissal - File form 1.998 so Stipulation for Dismissal - File form 1.998 so long as ALL parties have signed.long as ALL parties have signed.

• Some type of final order or dismissal must Some type of final order or dismissal must be filed in order for case to be closed.be filed in order for case to be closed.

Form 1.998 – FINAL DISPOSITION FORMForm 1.998 – FINAL DISPOSITION FORM

DIVISIONAL INSTRUCTIONSDIVISIONAL INSTRUCTIONS

Divisional Instructions are specific to a Divisional Instructions are specific to a judge:judge:

• Procedures to be followed when Procedures to be followed when requesting a telephonic appearancerequesting a telephonic appearance

• UMC PaperworkUMC Paperwork

• Requests to set a special set hearingRequests to set a special set hearing

• Participation in E-ServiceParticipation in E-Service

I need some audio/visual I need some audio/visual equipment for a special set equipment for a special set

hearing and then for a trial. Do I hearing and then for a trial. Do I have to get an outside vendor or have to get an outside vendor or

is the equipment available for is the equipment available for rent at the courthouse?rent at the courthouse?

TV/DVD rentalTV/DVD rental $30 a day$30 a day

Elmo/Projector Elmo/Projector $100 a $100 a day day

(includes (includes screen) screen)

Screen onlyScreen only $30 a day $30 a day

View Box (for x-rays) View Box (for x-rays) $30 a day$30 a day

Deposit Required Deposit Required equal to equal to one one day day rentalrental

Is there a place within the Is there a place within the courthouse where I can work courthouse where I can work

between hearings?between hearings?

Law Library MembershipLaw Library Membership• Attorney room located inside law libraryAttorney room located inside law library

• Dedicated computer & Dedicated computer & freefree Westlaw Westlaw

• Reduced cost for Westlaw case printing Reduced cost for Westlaw case printing ($.15/page)($.15/page)

• Free faxes (incoming and local outgoing)Free faxes (incoming and local outgoing)

• Free e-mail delivery/printing ($.15/page)Free e-mail delivery/printing ($.15/page)

• Free TV/DVD rental Free TV/DVD rental

• 50% off courtroom equipment rental fees50% off courtroom equipment rental fees

• Annual cost $120.00 (only $60 for additional Annual cost $120.00 (only $60 for additional attorneys in the same firm)attorneys in the same firm)

Questions??Questions??