Select County
Motion Guidelines
If you are requesting hearing times for a Foreclosure case; please refer to the below information for Lee county:
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For hearing time on Motions for Summary Judgment in a Residential Mortgage Foreclosure case, please e-mail
(Please identify the case and any information that would affect the calendaring of the case. Please do not place dashes in the case number for e-mailed requests. Example: 04CA20008)
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To schedule a hearing for all other foreclosure motions (excluding commercial foreclosure cases and post judgment motions), please email (Please identify the case number, motion(s) being scheduled and any information that would affect the calendaring of the case. Please do not place dashes in the case number for e-mailed requests. Example: 04CA20008)
If more than a 10 minute hearing is requested for the following hearing types, please schedule the hearing before the Magistrate. For hearing time please contact Lily in Magistrate Crongeyer's office at 239-533-2583.
- Discovery Motions, Claim of Exemption, Forfeiture-Preliminary Adversarial Hearings or Replevin
Attorneys: Please read and follow the Standards of Professional Courtesy and Conduct for Lawyers Practicing in the Twentieth Judicial Circuit found at www.ca.cjis20.org/pdf/ao/ao_2_20amended.pdf.
Important Logon Information
For first time users, click the "Schedule Time Slots" link, enter your bar number for both user ID and password, select a judge, and then click "Login". The Lee County system uses a 6 digit bar number format. If you are able to log in, the system will give you the opportunity to set a password of your choice. If you are unable to successfully login, send an email with your bar number to JACSLee@ca.cjis20.org
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Select Judge
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Judge Fuller Monday Motion Guidelines
COMMERICAL FORECLOSURE
To schedule a hearing for a commercial foreclosure case or a post-judgment residential foreclosure case, please visit JACS to view available hearing times and once the hearing time has been coordinated you should contact the Judicial Assistant to the Judge assigned to your case.
CIVIL MAGISTRATE
If more than a 10 minute hearing is requested for the following hearing types, please schedule the hearing before the Magistrate. For hearing time please contact Lily in Magistrate Crongeyer's office at 239-533-2583.
- Discovery Motions
- Claim of Exemption
- Forfeiture-Preliminary Adversarial Hearings
- Replevin
DISCOVERY MOTIONS:
- 9:00am - 11:30am: Lengthy motions (15 minutes or longer) will be heard.
- 30 minute hearings will encompass two back to back 15 minutes;
- 45 minute hearings will encompass three back to back 15 minutes and so forth;
- No hearings longer than one hour will be scheduled without court approval.
- 1:30pm: 15 minute motions will be heard.
- 2:30pm: 5 minute motions will be heard.
- 3:00pm: 10 minute motions will be heard.
Once you have coordinated and selected a date and time, you must contact the Judicial Assistant to place the hearing on the Judge's calendar.
Note: TRIALS are set Tuesday through Friday with no hearings unless special exceptions are made by the Judicial Assistant.
The Judicial Assistant is the only person that can be contacted to schedule a hearing. No messages are to be left for scheduling purposes.
JUDGE FULLER DOES NOT REQUIRE COURTESY COPIES OF MOTIONS AND NOTICES OF HEARINGS.
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Select Judge
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Judge Keith Kyle
GENERAL RULES AND REQUIREMENTS
NOTE: Local Rules and Standards of Professionalism regarding motions are strictly enforced. Any motions not in full compliance with these rules may not be heard.
SCHEDULING HEARINGS:
All hearings 30 minutes or less in length, must be scheduled through the Judicial Automated Calendaring System ("JACS"). Available timeslots are 5, 10, 15 & 30. JACS can be accessed online at www.ca.cjis20.org. Hearings for a commercial foreclosure case or a post-judgment residential foreclosure case can be scheduled online. For all hearings longer than 30 minutes, please contact the Judge's office.
NOTICE: In compliance with the Twentieth Circuit Standards of Professionalism, all Notice of Hearings shall reflect the following:
- Whether the date and time have been coordinated with opposing counsel. If the attorney has been unable to coordinate the hearing with opposing counsel, the notice should state the specific good faith efforts the attorney undertook to coordinate or why coordination was not obtained.
- Please do not send courtesy copies of hearing notices, motions or proposed orders in advance.
NOTE THE FOLLOWING:
- If a hearing of 1 hour or more is needed, counsel shall first send a copy of the motion to the Judge with a cover letter. The cover letter shall set forth the agreed amount of hearing time needed. If not agreed, the cover letter must set out each attorney's time estimations and reasoning.
- Attorneys may not schedule back-to-back hearings to acquire a longer block of hearing time (e.g. scheduling two 5-minute hearings to acquire 10 minutes, etc.). Any hearings scheduled in this manner may be canceled and sanctions may be assessed.
- Once a motion is scheduled, subsequent motions may not be "piggybacked" or "cross-noticed" onto the time reserved for the first motion absent prior approval of the Court and the original scheduling attorney. Your "piggybacked" or "cross-noticed" motion will be cancelled by the JA without notice if said instructions are not followed.
- Each party will be entitled to one-half of allocated hearing time.
CIVIL MAGISTRATE
If more than a 10 minute hearing is requested for the following hearing types, please schedule the hearing before the Magistrate. For hearing time please contact Lily in Magistrate Crongeyer's office at 239-533-2583.
- Discovery Motions
- Claim of Exemption
- Forfeiture-Preliminary Adversarial Hearings
- Replevin
If you are requesting a hearing on a Motion to Compel, you are required to file a Certificate of Good Faith. Once you have filed the Certificate of Good Faith you may contact the Magistrate's office at 239-533-2583 to obtain hearing time. You will then need to submit the Order of Referral to our office along with a courtesy copy of your Certificate of Good Faith. Please be sure to provide copies and stamped, addressed envelopes for conforming.
TELEPHONIC APPEARANCES THROUGH COURT CALL:
- For hearings 15 minutes or less telephonic appearance is permissible without a motion and order. If the hearing is more than 15 minutes a motion and order must be submitted to the court for approval. All phone hearings must be set up through CourtCall at least three business days in advance of the hearing at the absolute latest. CourtCall can be contacted at 888-882-6878 or www.courtcall.com. If someone is planning to attend by phone, the hearing must be scheduled and designated as a phone hearing on JACS and noticed accordingly. Any party or attorney that wishes to attend a hearing telephonically via CourtCall will be responsible for the payment of their own CourtCall fees, for making timely arrangements with CourtCall, and ensuring the hearing notice reflects telephonic attendance is planned. If attending a hearing by phone, you should call into CourtCall at least five to ten minutes prior to the scheduled hearing time to ensure your timely appearance and to provide ample time to address connection problems, if any. Also, please do not place your phone on hold at any time while you are on CourtCall and remain quiet until your case is called.
- The hearing must be scheduled as a phone hearing on JACS, the appropriate motion must be filed, and an order granting the motion must be filed.
- Foreclosure cases may not be telephonic.
DOCUMENTS SUBMITTED TO COURT:
When submitting documents or proposed Orders for the Court's consideration, a cover letter must be submitted, along with the documents or proposed Orders outlining the materials being directed to the Court and state the reasons for such submissions.
- All counsel and/or other parties (if not represented by counsel) shall be copied on the cover letter and provided a set of the documents being submitted to the Court. The cover letter must list the names of all counsel or other parties to whom copies were sent.
- If submitting a proposed Order or other such document, the cover letter must indicate that all counsel have reviewed the proposed submission, and indicate whether or not they have an objection to the same. If there is an objection both parties must submit their proposed Orders or documents in the same envelope to the Court, outlining the objections and copying all parties with enclosures. Self addressed, stamped envelopes should be included along with copies to be conformed of all proposed Orders. The Court will not hold Orders pending objection by the parties. All Orders not in conformity with the above will be returned.
EMERGENCY HEARINGS:
Emergency hearings shall not be scheduled through JACS. All requests for emergency hearings must be submitted to the Judge in writing with a copy of the verified Motion signed not only by counsel, but also their client(s). The motion must be filed with the clerk prior to submission. All parties of interest shall be copied on the correspondence to the Court. After review, the Judge will determine if hearing time is required.
CANCELLATIONS:
If you cancel a hearing you are required to file a Notice of Cancellation. You are also required to cancel the hearing on JACS.
Said notice should first be filed with the Clerk of the Court, with copies being provided to all parties and counsel of record, as well as the Judge's office, as soon as counsel becomes aware that the hearing is to be cancelled. The notice should indicate that the opposing side either agreed to the cancellation, or is otherwise given reasonable notice of the cancellation.
CONTINUANCES:
- This Court strictly adheres to Fla.R.Jud.Admin. 2.085(e) and Fla.R.Civ. P. 1.460 Continuances will rarely be granted, and then only upon a showing of an unanticipated event and good cause.
- Stipulations: Trials are not automatically continued by the submission of a stipulation. A stipulation must be signed by all counsel and all parties and shall be submitted to the Court detailing the reasons a continuance is necessary. The Judge will determine if a hearing is required. All parties shall continue to prepare for trial as scheduled until an Order is entered granting a continuance.
- Motions: All opposed motions must include the moving party's written consent, and be coordinated for hearing using JACS.
SANCTIONS:
Failure to comply with these standard procedures and requirements and the administrative orders upon which they are based may result in the cancellation of hearing, termination of the privilege to appear telephonically, or any other sanctions. Chronic offenders may be denied access to JACS and required to request hearing time by phone, which may result in substantial delays in the processing of cases.
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Select Judge
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Judge Alane Laboda
GENERAL RULES AND REQUIREMENTS
NOTE: Local Rules and Standards of Professionalism regarding motions are strictly enforced. Any motions not in full compliance with these rules may not be heard.
SCHEDULING HEARINGS:
All hearings 30 minutes or less in length, must be scheduled through the Judicial Automated Calendaring System ("JACS"). Available timeslots are 5, 10, 15 & 30. JACS can be accessed online at www.ca.cjis20.org. Hearings for a commercial foreclosure case or a post-judgment residential foreclosure case can be scheduled online. For all hearings longer than 30 minutes, please contact the Judge's office.
Any hearings scheduled that are not in compliance with these requirements will be cancelled by the judicial assistant.
NOTICE: In compliance with the Twentieth Circuit Standards of Professionalism, all Notice of Hearings shall reflect the following:
- Whether the date and time have been coordinated with opposing counsel. If the attorney has been unable to coordinate the hearing with opposing counsel, the notice should state the specific good faith efforts the attorney undertook to coordinate or why coordination was not obtained.
Please provide a courtesy copy of the Notice of Hearing only to the Judge's office.
NOTE THE FOLLOWING:
- EXTENDED HEARING (45+): If a hearing of 45 minutes or more is needed, counsel shall first send a copy of the motion to the Judge with a cover letter. The cover letter shall set forth the agreed amount of hearing time needed. If not agreed, the cover letter must set out each attorney's time estimations and reasoning. Upon filing of the motion and correspondence to the Court, the Court shall schedule said hearing and notify the parties and their counsel accordingly. Said hearings shall not be cancelled unless expressly permitted by the Court. Should the issues giving rise to said hearing resolve, the party having requested hearing time is required to notify the Court and submit an agreed order as to the resolution at least 24 hours prior to the hearing date.
- PIGGYBACK: Once a motion is scheduled, subsequent motions may not be "piggybacked" or "cross-noticed" onto the time reserved for the first motion absent prior approval of the Court and the original scheduling attorney.
- CROSS-NOTICE: Before filing a cross-notice on a previously scheduled and docketed hearing, the Judicial Assistant must be notified.
- NO BACK TO BACK SCHEDULING: Attorneys may not schedule back-to-back hearings to acquire a longer block of hearing time (e.g. scheduling two 5-minute hearings to acquire 10 minutes, etc.). Any hearings scheduled in this manner may be cancelled and sanctions may be assessed.
- TIME: Each party will be entitled to one-half of allotted hearing time.
- REHEARING: Motions for Rehearing must be submitted in writing. Judge Laboda will then decide whether a hearing will be granted. Please send a courtesy copy of the motion to the Judge's Chambers.
MOTIONS THAT MUST BE HEARD BY MAGISTRATE:
If more than a 10 minute hearing is requested for the following hearing types, please schedule the hearing before the Magistrate. For hearing time please contact Lily in Magistrate Crongeyer's office at 239-533-2583.
- Discovery Motions
- Claim of Exemption
- Forfeiture-Preliminary Adversarial Hearings
- Replevin
If you are requesting a hearing on a Motion to Compel, you are required to file a Certificate of Good Faith. Once you have filed the Certificate of Good Faith you may contact the Magistrate's office at 239-533-2583 to obtain hearing time.
TELEPHONIC APPEARANCES THROUGH COURT CALL:
- In order to appear telephonically, a motion and order must be filed with and approved by the Court in sufficient time for the approved order to be returned to the requesting party. The motion and order must state the type of hearing desired, length of time desired, date and time desired, and MUST state that the hearing will be held via CourtCall. Telephonic appearances will be for no more than 15 minutes.
- If you have obtained court permission to attend a hearing telephonically (by order), all phone hearings must be set up through CourtCall at least three business days in advance of the hearing at the absolute latest. CourtCall can be contacted at 888-882-6878 or www.courtcall.com. If someone is planning to attend by phone, the hearing must be noticed accordingly. Any party or attorney that wishes to attend a hearing telephonically via CourtCall will be responsible for the payment of their own CourtCall fees, for making timely arrangements with CourtCall, and ensuring the hearing notice reflects telephonic attendance is planned. If attending a hearing by phone, you should call into CourtCall at least five to ten minutes prior to the scheduled hearing time to ensure your timely appearance and to provide ample time to address connection problems, if any. Also, please do not place your phone on hold at any time while you are on CourtCall and remain quiet until your case is called.
- The requesting parties will not designate a hearing in JACS as telephonic. Only the judicial assistant will make this designation.
DOCUMENTS SUBMITTED TO COURT:
When submitting documents or proposed Orders for the Court's consideration, a cover letter must be submitted, along with the documents or proposed Orders outlining the materials being directed to the Court and state the reasons for such submissions.
- All counsel and/or other parties (if not represented by counsel) shall be copied on the cover letter and provided a set of the documents being submitted to the Court. The cover letter must list the names of all counsel or other parties to whom copies were sent.
- If submitting a proposed Order or other such document, the cover letter must indicate that all counsel have reviewed the proposed submission, and indicate whether or not they have an objection to the same. If there is an objection both parties must submit their proposed Orders or documents in the same envelope to the Court, outlining the objections and copying all parties with enclosures. Self addressed, stamped envelopes should be included along with copies to be conformed of all proposed Orders. The Court will not hold Orders pending objection by the parties. All Orders not in conformity with the above will be returned. THE COURT WILL NOT ACCEPT PROPOSED ORDERS BY EMAIL OR FACSIMILE.
EMERGENCY HEARINGS:
Emergency hearings shall not be scheduled through JACS. All requests for emergency hearings must be submitted to the Judge in writing with a copy of the verified Motion signed not only by counsel, but also their client(s). The motion must be filed with the clerk prior to submission. All parties of interest shall be copied on the correspondence to the Court. After review, the Judge will determine if hearing time is required.
CANCELLATIONS:
If you cancel a hearing you are required to file a Notice of Cancellation. You are also required to cancel the hearing on JACS.
Said notice should first be filed with the Clerk of the Court, with copies being provided to all parties and counsel of record, as well as the Judge's office, as soon as counsel becomes aware that the hearing is to be cancelled. The notice should indicate that the opposing side either agreed to the cancellation, or is otherwise given reasonable notice of the cancellation. You may not cancel a cross-noticed motion hearing without written consent of the other parties/counsel.
Cancellations are allowed through JACS up to seven (7) days prior to the hearing. Please contact the Judicial Assistant to cancel a hearing within six (6) days.
CONTINUANCES:
- This Court strictly adheres to Fla.R.Jud.Admin. 2.085(e) and Fla.R.Civ. P. 1.460 Continuances will rarely be granted, and then only upon a showing of an unanticipated event and good cause.
- Stipulations: Trials are not automatically continued by the submission of a stipulation. A stipulation must be signed by all counsel and all parties and shall be submitted to the Court detailing the reasons a continuance is necessary. The Judge will determine if a hearing is required. All parties shall continue to prepare for trial as scheduled until an Order is entered granting a continuance.
- Motions: All opposed motions must include the moving party's written consent, and be coordinated for hearing using JACS.
SANCTIONS:
Failure to comply with these standard procedures and requirements and the administrative orders upon which they are based may result in the cancellation of hearing, termination of the privilege to appear telephonically, or any other sanctions. Chronic offenders may be denied access to JACS and required to request hearing time by phone, which may result in substantial delays in the processing of cases.
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Select Judge
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Judge McHugh's Motion Guidelines
RESIDENTIAL FORECLOSURES
To schedule a hearing on a residential foreclosure motion POST JUDGMENT, please refer to JACS for a list of available dates and times.
COMMERICAL FORECLOSURE
To schedule a hearing for a commercial foreclosure case or a post-judgment residential foreclosure case, please visit JACS to view available hearing times and once the hearing time has been coordinated you should contact the Judicial Assistant to the Judge assigned to your case.
ALL HEARING DATES MUST BE COORDINATED. Once a hearing date has been selected and coordinated, please contact Judge McHugh's Judicial Assistant, Kathy at 239-533-2775 to schedule the hearing. You must speak with the Judicial Assistant personally to schedule a hearing; no messages regarding scheduling are to be left.
EXTENDED HEARING TIME
Any request for hearing time over one hour is to be put in writing and sent to the Judge's office.
TELEPHONIC APPEARANCE
Telephonic appearance is permitted for hearings set for 10 minutes or less. A motion along with an order is required. The order must include the date and time of the hearing and a toll free number for the Judge to call at the scheduled hearing time. Please note that phone hearings are taken at the end of the docket.
**Telephonic appearance is not permitted for Pre-Trial or Docket Sounding**
CIVIL MAGISTRATE
If more than a 10 minute hearing is requested for the following hearing types, please schedule the hearing before the Magistrate. For hearing time please contact Lily in Magistrate Crongeyer's office at 239-533-2583.
- Discovery Motions
- Claim of Exemption
- Forfeiture-Preliminary Adversarial Hearings
- Replevin
The Judicial Assistant is the only person that can be contacted to schedule a hearing. No messages are to be left for scheduling purposes.
COPIES OF PLEADINGS AND NOTICES OF HEARINGS ARE NOT REQUIRED!
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Select Judge
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Judge Winesett Monday Motion Guidelines
- From 9:00 to 10:30 5-10 minute motions will be heard
- From 10:30 to 12:00 15-30 minute motions will be heard
- From 1:30 to 3:30 15-30 minute motions will be heard
- Motions for Summary Judgment of Foreclosure will be heard by senior judges; all other motions for residential mortgage foreclosures may be scheduled on Judge Winesett's foreclosure docket. Please contact JA for hearing time.
- Prior to calling to schedule a Motion to Compel, please be sure that a statement of good faith effort to resolve the matter has been filed.
COMMERICAL FORECLOSURE
To schedule a hearing for a commercial foreclosure case or a post-judgment residential foreclosure case, please visit JACS to view available hearing times and once the hearing time has been coordinated you should contact the Judicial Assistant to the Judge assigned to your case.
CIVIL MAGISTRATE
If more than a 10 minute hearing is requested for the following hearing types, please schedule the hearing before the Magistrate. For hearing time please contact Lily in Magistrate Crongeyer's office at 239-533-2583.
- Discovery Motions
- Claim of Exemption
- Forfeiture-Preliminary Adversarial Hearings
- Replevin
Note:
- If a 15 minute slot is available the 15-30 minute hearings can be scheduled.
- A 30 minute hearing will encompass two back-to-back 15 minute slots.
- No hearings longer than 30 minutes will be scheduled without Court approval.
ALL AVAILABLE DATES THROUGH JACS REQUIRE A PERSONAL APPEARANCE OR LOCAL COUNSEL
The Judicial Assistant is the only person that can be contacted to schedule a hearing.
Guardianship hearings will be special set by the Judicial Assistant.
Telephonic hearings will be special set by the Judicial Assistant. (View Procedures)
Contact hours: 9:30-12:00 and 1:30-3:30 Monday-Friday
No messages are to be left you must talk to JA personally to get the hearing on the schedule
Closed from 12:00 - 1:00 Monday-Friday
The Judicial Assistant is the only person that can be contacted to schedule a hearing. No messages are to be left for scheduling purposes. You may leave a message to cancel a hearing along with the name of the attorney's office calling, case number, style of the case and the motion to be cancelled.
COPIES OF PLEADINGS AND NOTICES OF HEARINGS ARE NOT REQUIRED!
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Select Judge
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Magistrate Robert L. Crongeyer's Motion Guidelines
All hearings on motions are set in 15 and 30 minute blocks.
- 15 Minute motions will be heard on Mondays, Tuesdays, and on Thursday mornings;
- 30 Minute motions will be heard on Wednesday mornings beginning at 0930;
- 45 minute hearings will encompass three consecutive 15 minute blocks;
- No hearings longer than 45 minutes will be scheduled without court approval.
ALL DISCOVERY MOTIONS - Including, but not limited to: Motions to Compel, Motions for Better Answers to Interrogatories, Motions for Better Response to Requests for Production, Motions for Protective Order, Motions for Contempt, etc.
IN THE SPIRIT of the Florida Rules of Civil Procedure and the Rules of Conduct Governing Members of the Florida Bar, prior to filing a discovery motion, attorneys must first talk directly to opposing counsel in person or by telephone in a good faith effort to mutually resolve any outstanding issues concerning discovery. If counsel have conferred directly in such a good faith effort to resolve an issue or issues and resolution cannot be reached, the moving party shall include or incorporate with his discovery motion, a certification that such direct attorney-to-attorney conference has been conducted and reporting the result of such conference. If partial resolution of the discovery issues has been achieved or the issues narrowed as a result of the conference, that information also shall be reported.
MOTIONS TO COMPEL OR MOTIONS FOR PROTECTIVE ORDERS: The moving party shall attach to any such motion, a copy of the particular matters sought to be produced or questions to be answered, with the responses or answers provided.
NO DISCOVERY MOTION WILL BE SET FOR HEARING unless, and until, the above requirements have been met.
The original motion must be filed with the Clerk of Court and the time and date of the hearing coordinated with all counsel or parties in conformance with the Standards of Professional Courtesy and Conduct .
The time reserved is the total time allowed for the hearing divided evenly between, or among, the parties.
Once you have coordinated and selected a date and time, you must contact the Magistrate's Assistant to place the hearing on the Magistrate's calendar. The telephone number of the Magistrate's Assistant, Lily Arenas, is (239) 533-2583.
Contact hours: 9:30-12:00 and 1:30-3:30 Monday-Friday
Telephonic Appearances:
- Attorneys or parties wishing to appear by telephone shall file a Motion to Appear Telephonically at least one (1) week prior to the scheduled hearing on a pending motion.
- In the event any testimony is to be presented via telephone, a certified notary public of the state where the witness is located shall be present with the witness to properly administer the oath.
- Pursuant to the provisions of Fla. R. Jud. Admin. 2.530(c), the request for telephonic participation shall be granted absent a showing of good cause to deny the same.
- The party requesting to appear telephonically shall make all necessary arrangements for any required telephone call or teleconferencing call in advance and shall have the call placed to the Magistrate's Office, (239) 533-2583, on the date and time scheduled for the hearing on the matter set before the Court.
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JACS Web System Directions
This is a view only display of available time by Judge. Currently only Judge Fuller, Judge Keith Kyle, Judge McHugh, Judge Laboda, Judge Winesett and Magistrate Crongeyer are participating in this information.
- Select Calendar
- Minimum duration ( that is the shortest amount of time the judge will allow to schedule a hearing)
- Maximum duration (this is the longest amount of time the judge will allow to schedule a hearing)
- Then click retrieve.
Note: If you leave them both blank, it will automatically show you the minimum and maximum duration. The duration and times can be changed only by contacting the Judicial Assistant.
Functions
The functions of JACS include the ability for a confirmation email to be sent automatically upon scheduling, rescheduling, and cancelling a hearing. The way an attorney will receive and email is if you are registered with the Florida Bar with an email address. If you do not wish to receive emails, you must contact the Florida Bar association and have your email address removed.
Important Logon Information
For first time users, click the "Schedule Time Slots" link, enter your bar number for both user ID and password, select a judge, and then click "Login". The Charlotte county system uses a 6 digit bar number system. If you are able to log in, the system will give you the opportunity to set a password of your choice. If you are unable to successfully login, send an email with your bar number to CharlotteJACS@ca.cjis20.org
For first time users and for more detailed login and help information, please select the following link:
First time users should enter the attorney bar number in both the User ID and Password fields and select the appropriate judge from the drop down menu. Then click on the Log in box.
You will get a Change Password screen if the system accepts you. Enter the bar number in the Old Password field and then enter and confirm a new password that is not longer than 7 letters and/or numbers.
If you forget your password or are unable to login please send an email to CharlotteJACS@ca.cjis20.org
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This contact is for computer helpdesk login assistance, adding and changing attorney information, and general JACS information only. For procedural guidance related to court matters, last minute changes to already scheduled hearings, etc., please contact the judicial assistant.
Tips for Charlotte JACS users:
Leave the Courtroom Location field blank so that all available hearing times will display.
If there is no opposing attorney, use 999999 in the Opposing Attorney Bar Number field.
Avoid using the back function in the Charlotte JACS program. If you need to start over, select the To Logout option in the Main Menu and go to the JACS box on the AOC20 homepage to go through the login process again.
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Select Judge
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Senior Judge
EFFECITVE IMMEDIATELY... The Senior Judge in Charlotte County will ONLY hear uncontested summary final judgment motions, including default final judgments, and other UNCONTESTED civil motions. ALL such hearings are limited to 5 minutes each, and are generally set on Tuesdays. Available time slots may be reviewed on the JACS calendar for the Senior Judge.
TELEPHONIC APPEARANCE IS NOT PERMITTED for hearings set before the Senior Judge. The name of the Senior Judge and Courtroom assignment should not be entered in JACS. The Senior Judge does not require advance/courtesy copies; original foreclosure packets should be hand-carried on the hearing date. Any other correspondence may be mailed to the Senior Judge, c/o Civil Case Manager, Charlotte County Justice Center, Court Administration - 2nd Floor, Punta Gorda, FL 33950.
All other Civil Hearings and Trials must be set with Judge Joseph Foster or Magistrate Robert F. Koch. Please review their specific instructions by clicking on the appropriate tabs (in the left column).
If a scheduled hearing must be cancelled on short notice, please fax a Notice of Cancellation to 941-637-2358.
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Select Judge
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Judge Alessandroni
COUNTY COURT, CHARLOTTE COUNTY FLORIDA
IMPORTANT NOTICE - PLEASE READ CAREFULLY BEFORE RESERVING TIME THROUGH JACS("Judicial Automated Calendaring System")
ALL CRIMINAL PROCEEDINGS & PRO SE LITIGANTS - JACS NOT AVAILABLE: Criminal hearings, motions, and trials may be scheduled only through the Court's Judicial Assistant(J.A.) Patty Twardzik at 941-505-4826, in open court by Judge Alessandroni, or by the Office of the Clerk. JACS lacks the capability to permit use by a pro se litigant.
WARNING:
FAILURE TO COMPLY WITH ANY OF THE SCHEDULING REQUIREMENTS OF THIS COURT MAY RESULT IN TE UNILATERAL CANCELLATION OF YOUR HEARING BY THE COURT WITHOUT ADVANCE NOTICE ALONG WITH OTHER SANCTIONS PROVIDED BY LAW.
MANDATORY REQUIREMENTS:
Before an attorney or party schedules a hearing using JACS, in addition to reading and understanding these instructions, you must read and understand the Charlotte Circuit Civil Rules and Requirements at www.ca.cjis20.org/home/main/jacs.asp , including the Standards of Professional Courtesy and Conduct for Lawyers Practicing in the Twentieth Judicial Circuit found at www.ca.cjis20.org/pdf/prostand.pdf. ALL PARTIES AND COUNSEL SHALL COMPLY WITH THESE INSTRUCTIONS, RULES, STANDARDS, AND REQUIREMENTS SUBJECT TO PENALTIES FOR CONTEMPT.
CERTIFICATION:
BY SCHEDULING A HEARING USING JACS, THE SCHEDULING ATTORNEY/PARTY CERTIFIES THAT HE/SHE NOT ONLY HAS READ THE APPLICABLE RULES, REQUIREMENTS AND STANDARDS, BUT ALSO HAS AND WILL CONTINUE TO COMPLY WITH ALL REQUIREMENTS AS STATED BY SAID RULES, REQUIREMENTS AND STANDARDS. A PRO SE (SELF REPRESENTED) PARTY REPRESENTING HIMSELF/HERSELF WILL BE HELD TO THE SAME STANDARDS OF COURTESY AND RULES SET-FORTH THEREIN AND AS FURTHER DELINEATED HEREAFTER.
SCHEDULING HEARINGS:
You must file your original motion with the Clerk of Court and coordinate your hearing date with all parties/counsel in conformance with the Standards of Professional Courtesy and Conduct on the same date as time is reserved on JACS. Time reserved is the total time for the hearing split evenly between/among the parties.
ALL CIVIL HEARINGS OF 2 HOURS OR LESS:
If two hours or less is requested for a civil motion hearing or trial, the hearing/trial must be scheduled through JACS. Telephone hearings, where permitted (see below), shall be set through JACS and COURTCALL. Timeslots are available in a variety of time durations. Please do not reserve more that the total time necessary to allow all parties/counsel to argue any given motion. JACS can be accessed online at www.ca.cjis20.org/jacswebcharlotte/logon.asp.
PIGGYBACKED HEARINGS: All blocks of time of 60 minutes or less may be piggybacked with one other adjacent time slot of a similiar duration (but not more than one) for a maximum of 120 minutes. This does not preclude an independent reservation of another time slot during the same hearing period for a different motion on the same case, provided the time slot is appropriate in length of time for the motion.
CIVIL HEARINGS EXCEEDING 2 HOURS IN LENGTH:
If more than two hours is requested for a civil motion hearing or trial, the party requesting time shall comply with the following procedure:
(1) For a motion hearing, fax a copy of the previously filed motion to the J.A. (941-505-4825) and follow up with a phone call to the J.A. requesting the total time for the hearing. The J.A. will provide a few available dates and times. Call the J.A. back to confirm the date and time that is acceptable to all opposing counsel. Requesting party will immediately send hearing notices with a copy to the J.A. who will enter the hearing in JACS.
(2) For a trial, call the J.A. and request the total time for the trial. The J.A. will provide a few available dates and times. Call the J.A. back to confirm the date and time that is acceptable to all opposing consel. Requesting party will immediately send trial notices with a copy to the J.A. who will enter the trial in JACS.
If you schedule hearings improperly, the hearing or trial may be cancelled, sanctions may be assessed, and you may be blocked from the JACS system.
TELEPHONE HEARINGS - COUNTY CIVIL CASES:
Rule 2.530, Fla.R.Jud.Admin., is incorporated herein and shall be complied with. Telephone hearings that are permitted as a result of compliance with Rule 2.530 shall be set up via JACS and Courtcall at (888) 882-6878 at least three (3) business days prior to the scheduled hearing. Permitted telephonic hearings do not need to be pre-approved unless permission in advance is specifically required by the Court. WITNESSES AND PARTIES MAY NOT GIVE TESTIMONY BY TELEPHONE UNLESS THEY HAVE WITH THEM A NOTARY PUBLIC TO IDENTIFY THEM AND ADMINISTER AN OATH.
TELEPHONIC HEARINGS - SMALL CLAIMS CASES:
As permitted by Rule 7.140(f), Fla.Sm.Cl.R., "...at the discretion of the court, testimony of any party or witness may be presented over the telephone. Additionally, at the discretion of the court an attorney may represent a party or witness over the telephone without being physically present before the court." WITNESSES AND PARTIES MAY NOT GIVE TESTIMONY BY TELEPHONE UNLESS THEY HAVE WITH THEM A NOTARY PUBLIC TO IDENTIFY THEM AND ADMINISTER AN OATH.
PRO SE PARTIES: Please enter 999999 in the Bar number field. This applies to attorneys scheduling JACS hearings with a pro se litigant. JACS lacks the capability to permit use by a pro se litigant.
So Ordered, this 1st day of February, 2010.
Paul Alessandroni
County Judge
Charlotte County, Florida
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Select Judge
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Judge Foster
Lisa Harder is Judge Foster's Judicial Assistant at (941) 637-2186
Fax to: (941) 637-2161
SCHEDULING HEARINGS
Charlotte County Justice Center
HEARINGS
To schedule a hearing which is less than 1 hour, refer to JACS for available hearing dates and times, coordinate your hearing with opposing counsel. All 15 minute timeslots can be converted to a longer duration, given the time is available within the posted period. Notify the Judicial Assistant when you call to schedule that you wish to have the timeslot changed to a longer duration. Hearings requiring more than 1 hour must be requested in writing and approved by the Court before hearing time will be scheduled. The Judicial Assistant will contact the attorneys' office to coordinate these hearings.
A party/counsel scheduling a hearing must concurrently notice the matter in conformance with the Florida Rules of Civil Procedure and ensure timely notice is served on all pro se parties and counsel of record in advance of the hearing. The original notice must be filed with the Clerk of Court in a timely manner. A hearing notice for a hearing that is evidentiary in nature and involving presentation of evidence (affidavits, testimony, exhibits, etc.), should clearly indicate it is an evidentiary hearing on its face. It is strongly preferred that any such notice include not only the name of each receiving attorney and pro se party, but also addresses.
If you cancel a hearing, you are required to file a Notice of Cancellation and fax a copy to the Judicial Assistant at 941-637-2161 in order to ensure your hearing is removed from the docket.
SENIOR JUDGE
All uncontested civil motions and summary judgment foreclosure hearings may be scheduled on the Senior Judge's docket directly on JACS. See the Senior Judge tab for more information.
MAGISTRATE
All civil motions may also be scheduled before Magistrate Robert Koch with consent of the parties via an Order of Referral to Magistrate. The date and time of any hearing must be coordinated with the Office of the Magistrate before scheduling. See Magistrate Koch tab for more information.
TELEPHONIC APPEARANCE
In order to appear telephonically, a motion and order must be filed with and approved by the Court at least 5 business days prior to the scheduled hearing date. All telephonic hearings are set via CourtCall. The motion and order must state the type of hearing, length of time, date and time, and should not contain any evidentiary material. Additionally, the motion and order MUST state that the hearing will be held via CourtCall. Telephonic appearances will not be granted on hearings longer than 15 minutes. Each party is responsible for preparing their own motion and order for telephonic appearance. When the requesting parties have received the approving order, they must set the telephonic hearings via CourtCall at (888) 882-6878. If the motion and order is not approved and coordinated with CourtCall at least 5 business days prior to the scheduled hearing, all parties will be required to appear in person.
PROPOSED ORDERS
Be prepared at your hearing with a proposed order, appropriate copies, and self-addressed, stamped envelopes. If you do not have a proposed order at the time of the hearing, you should mail an agreed order after the hearing stating in your cover letter that opposing counsel has reviewed the order presented and has no objection thereto. Do not mail proposed orders to the court that have not been agreed upon by the parties and/or their respective counsel. If you haven't received your conformed copy yet, please call the Clerk's office before you call the Judge's office.
TRIAL DOCKETS
In an effort to assign trial dates more quickly, jury and non-jury trials will be combined on the same docket. Pre-Trial Conferences are 60 days prior to the assigned trial period. Parties/counsel of record can have their appearance waived at the Pre-Trial Conference by completing the Uniform Pre-Trial Conference Order and submitting it to the Court at least 5 business days before the Pre-Trial Conference date. Judge Foster's downloads are available on JACS (see link below) and should be used. The moving party is required to send in self-addressed, stamped envelopes for conforming to all parties of record.
FORMS
All forms and orders are available for download at: http://www.ca.cjis20.org/home/charlotte/charjudge.asp?Judge=foster&PgType=3&Display=
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Select Judge
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Judge Lisa Porter
Deb Hamsharie is Judge Lisa Porter's Judicial Assistant at (941) 637-2257
Scheduling hearings: You must file your original motion with the Clerk of Court and coordinate your hearing date with all parties/counsel in conformance with the Standards of Professionalism, Courtesy and Conduct before reserving hearing time.
You may use JACS to determine hearing time availability only. The Judicial Assistant is the only person that can be contacted to schedule a hearing.
Note:
- A 10 minute hearing will encompass two back-to-back 5 minute slots.
- A 30 minute hearing will encompass two back-to-back 15 minute slots.
- No hearings longer than 30 minutes will be scheduled without Court approval.
No messages are to be left. You must talk to Deb Hamsharie, the Judicial Assistant, personally to get the hearing on the schedule. Her telephone number is (941) 637-2257.
Emergency hearings must be requested in writing. Describe the nature of the emergency and estimate the hearing time needed. Do not argue your motion in the letter. The judicial assistant will contact the attorneys' office to schedule these hearings.
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Select Judge
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Magistrate Robert F. Koch
Amelia is the Magistrate's Assistant at (941) 637-2213. Fax number is (941) 637-2337
PLEASE READ THE FOLLOWING CAREFULLY AND REQUEST YOUR HEARING TIME ACCORDINGLY:
ORDERS OF REFERRAL MUST BE IN THE COURT FILE 10 DAYS PRIOR TO THE HEARING DATE. FAILURE TO DO SO MAY RESULT IN CANCELLATION OF HEARING WITHOUT NOTICE.
SCHEDULING WITH MAGISTRATE
You will be allowed to view only. Once you have coordinated a date and time, you must contact the Magistrate's Assistant to place your hearing on the Calendar.
Motions and Trials of any case type (including foreclosures) may be scheduled before Magistrate Robert F. Koch. All hearings must be coordinated with the Office of the Magistrate and cannot be scheduled on JACS by the parties. After contacting the Magistrate's Assistant, an Order of Referral to Magistrate Robert F. Koch must be provided by the parties to the presiding judge with the coordinated date and time indicated on the order.
FAMILY LAW CASES
Family law motions and trials are heard Fridays and the third Tuesday of every month. If your case requires over 45 minutes to be heard, please contact the Magistrate's Assistant to request hearing time.
PROBATE/GUARDIANSHIP CASES
Probate/Guardianship hearings are heard on Mondays.
CIVIL CASES
Civil Motions and Trials are heard on Wednesdays. If your case requires over 45 minutes to be heard, please contact the Magistrate's Assistant to request hearing time.
Please schedule the following motions before the Magistrate insofar as possible: discovery; compel; withdraw as counsel; sever; show cause; transfer venue; vacate default; amend; dismiss; and strike.
ALL TELEPHONE HEARINGS MUST BE SET UP WITH COURTCALL AT LEAST 3 BUSINESS DAYS PRIOR TO THE SCHEDULED HEARING. THE ATTORNEY SCHEDULING THE HEARING IS RESPONSIBLE FOR PREPARING THE ORDER OF REFERRAL TO THE MAGISTRATE.
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Select Judge
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Charlotte County General Rules
LOCAL RULES AND STANDARDS OF PROFESSIONALISM
Local rules are available on our website at www.ca.cjis20.org. Adherence to the Standards of Professional Courtesy and Conduct for lawyers practicing in the Twentieth Judicial Circuit is mandatory per local Administrative Order 2.20. The Standards of Professional Courtesy and Conduct govern scheduling, hearings, motion practice, submissions to the Court, etc. and may be found at www.ca.cjis20.org/pdf/ao_2_20amended.pdf. You should review them in their entirety. A pro se party representing himself/herself will be held to the same standards of courtesy and rules set-forth therein and as further delineated hereafter.
NOTE: Local Rules and Standards of Professionalism regarding motions are strictly enforced. Any motions not in full compliance with these rules may not be heard.
SCHEDULING HEARINGS:
YOU MUST FILE YOUR ORIGINAL MOTION WITH THE CLERK OF COURT AND COORDINATE YOUR HEARING DATE WITH ALL PARTIES/COUNSEL IN CONFORMANCE WITH THE STANDARDS OF PROFESSIONAL COURTESY AND CONDUCT BEFORE RESERVING HEARING TIME ON JACS. See, generally, Standards of Professional Courtesy and Conduct, IV. Standards: B. Scheduling (1)-(17) and I. Motion Practice (1)-(6).
All hearings 45 minutes or less in length, must be scheduled through the Judicial Automated Calendaring System ("JACS"). Timeslots are available in different time durations. Please do not reserve more time than is necessary to allow all parties/counsel to argue any given motion. JACS can be accessed online at www.ca.cjis20.org/jacswebcharlotte/logon.asp. For all hearings longer than 45 minutes, please contact the judge's office.
- If more than one hour is needed for a motion hearing, the party requesting hearing time shall first send a copy of the motion to the judge with a cover letter by mail. The cover letter shall set forth an agreed amount of hearing time needed. If not agreed, the cover letter must set out each attorney's/party's time estimations and reasoning for needing the amount of time requested.
- You may not schedule back-to-back hearings to acquire a longer block of hearing time (e.g., scheduling two 15-minute hearings to acquire 30 minutes, etc.). If you schedule hearings improperly, the hearing(s) may be cancelled, sanctions may be assessed, and you may be blocked from the JACS system.
- Once a motion is scheduled through JACS, subsequent motions may not be "piggybacked" using the time reserved for the first motion absent prior approval of the Court. This does not preclude an independent reservation of another timeslot during the same hearing period for a different motion on the same case, provided the timeslot is appropriate in length of time for the motion.
- Generally, each attorney/party with a stake in the outcome of a motion scheduled to be heard will be entitled to a proportionate share of the reserved hearing time.
NOTICES
A party/attorney scheduling a hearing must concurrently notice the matter in conformance with the Florida Rules of Civil Procedure and ensure timely notice is served on all pro se parties and counsel of record in advance of the hearing. The original notice must be timely filed with the Clerk of Court. A hearing notice for a hearing that will be evidentiary in nature and involving presentation of evidence (affidavits, testimony, exhibits, etc.) should clearly indicate it is an evidentiary hearing on its face. It is strongly preferred that any such notice include not only the name of each receiving attorney and pro se party, but also addresses.
CANCELLATIONS
If you cancel a hearing, you are required to file a Notice of Cancellation. You also must immediately cancel it through JACS. If a party has cross-noticed said motion, however, you are required to notify the cross noticing party prior to JACS cancellation and provide them the opportunity to maintain the previously reserved time if they wish to do so. You may not cancel a cross noticed motion hearing without written consent of the other parties/counsel.
If you wish to cancel within seven days of a scheduled hearing, you will be required to cancel through the judicial assistant.
MOTIONS THAT MUST BE HEARD BY MAGISTRATE:
All Discovery motions are to be scheduled before the magistrate if the mandatory efforts to resolve them in conformance with Administrative Order 2.20 and the Standards of Professional Courtesy and Conduct are not successful. If you are requesting a hearing, you are required to file a Certificate of Good Faith. See, generally, Standards of Professional Courtesy and Conduct, IV. Standards, I. (1)-(3). Once you have filed the Certificate of Good Faith you may contact the magistrate's office to obtain hearing time. You will then need to submit the Order of Referral to the judge's office along with a courtesy copy of your Certificate of Good Faith. Please be sure to provide copies and stamped addressed envelopes for conforming. The scheduling attorney/party must prepare an Order of Referral for the judge's signature. An Order of Referral form is available online at www.ca.cjis20.org. If a timely objection is raised to the magistrate after entry of an Order of Referral, the moving party must ensure proper cancellation of the magistrate's hearing and reschedule with the Court per the guidelines previously set-forth herein.
TELEPHONE APPEARANCES THROUGH COURT CALL:
If you have obtained court permission to attend a hearing telephonically (by order), all phone hearings must be set up through CourtCall at least three business days in advance of the hearing at the absolute latest. CourtCall can be contacted at 888-882-6878 or www.courtcall.com. If someone is planning to attend by phone, the hearing must be scheduled and designated as a phone hearing on JACS and noticed accordingly. Any party or attorney that wishes to attend a hearing telephonically via CourtCall will be responsible for the payment of their own CourtCall fees, for making timely arrangements with CourtCall, and ensuring the hearing notice reflects telephonic attendance is planned. If attending a hearing by phone, you should call into CourtCall at least five to ten minutes prior to the scheduled hearing time to ensure your timely appearance and to provide ample time to address connection problems, if any. Also, please do not place your phone on hold at any time while you are on CourtCall and remain quiet until your case is called.
DOCUMENTS SUBMITTED TO COURT:
When submitting documents or proposed Orders for the Court's consideration, a cover letter must be submitted along with the documents or proposed Orders, which outlines the materials being directed to the Court and the reasons for such submissions. You also should specifically reference the particular case style, case number, hearing date, and motion/matter in the "re" portion of your letter.
As with any submission to the Court, all counsel and pro se parties must be copied on the cover letter and provided a duplicate set of the documents being submitted to the Court. The cover letter must list the names of all counsel or other parties to whom copies were sent. The manner of submission to the Court should be the same as to all parties/counsel. See, generally, Standards of Professional Courtesy and Conduct, IV. Standards, J. (4).
Parties should endeavor to bring a proposed Order to a hearing with them, including stamped addressed envelopes, that comports with their respective position on the motion to be heard.
If submitting a proposed Order after a hearing, the cover letter must indicate that all counsel/parties have reviewed the proposed submission and indicate whether or not they have an objection to the same. If there is an objection to a party's proposed Order, the prevailing attorney/party should submit all proposed Orders or documents in the same envelope to the Court, outlining any objections, within a reasonable period of time after the hearing. If an attorney/party objects to a proposed order and fails to provide their proposed version within five days to the prevailing attorney/party so as to allow its inclusion, said failure may be deemed acquiescence to the original proposed form. Properly addressed and stamped envelopes for all pro se parties and counsel of record should be included along, with copies to be conformed for all proposed Orders. It is preferred that each recipient's mailing address of record also be included for each party/attorney listed in the conformed copy ("cc") portion of the Order.
Please do not send a proposed Order to the Court and ask that it be held for a given period of time by the Court to see if any objections are lodged. See, generally, Standards of Professional Courtesy and Conduct, IV. Standards, I. (4) and (5).
EMERGENCY HEARINGS:
Emergency hearings cannot be scheduled through JACS. All requests for emergency hearings must be submitted to the Judge in writing, with a copy of the verified Motion signed not only by counsel but also their client when required. The motion must be filed with the clerk prior to submission of a courtesy copy to the Court. All counsel and pro se parties must be copied on the correspondence to the Court, including contents. After review, the Judge will determine if the matter is an emergency and whether hearing time on an emergency, expedited, or regular basis is warranted or otherwise necessary.
TRIALS:
When submitting a copy of a Trial Notice to the Court, you will be required to concurrently submit an original proposed Order Setting Trial and Pretrial Conference to the Court. The form for the Order can be located on the Twentieth Judicial Circuit's website at the following link: www.ca.cjis20.org/home/charlotte/charjudge.asp?Judge=laboda&PgType=3. You should not notice a case for trial unless all discovery is substantially complete and the matter is ready to go to trial.
The submitting party/counsel must provide a sufficient number of copies of the Order for conforming, as well as properly addressed and postage stamped envelopes for each and every party listed on the cc:/Certificate of service list. It is the submitting party's/counsel's obligation to verify the completeness and accuracy of the service list prior to submission to the Court so as to ensure all parties/counsel of record receive a copy of the Order Setting Trial and Pretrial Conference.
CONTINUANCES:
This Court strictly adheres to Fla.R.Jud.Admin. 2.085(e) and Fla.R.Civ. P. 1.460 Continuances will rarely be granted, and then only upon a showing of an unanticipated event and good cause.
Stipulations: Trials are not automatically continued by the submission of a stipulation. A stipulation must be signed by all counsel and all parties and shall be submitted to the Court detailing the reasons a continuance is necessary. The Judge will determine if a hearing is required. All parties shall continue to prepare for trial as scheduled until an Order is entered granting a continuance.
Motions: All opposed motions must include the moving party's written consent, and be coordinated for hearing using JACS.
MORTGAGE FORECLOSURE RULES:
All residential and commercial mortgage foreclosure hearings must be attended in person by the attorney of record or local counsel. Telephonic appearances are no longer permitted. All summary Judgment Packages are to be presented in Court on the day of hearing. Do not submit proposed Final Judgment packages directly to the Clerk of the Court nor to the Judge's office as they will be returned to you. Courtesy copies of the Notice of Hearing or other pleadings should not be sent to the Judge's office. The Final Judgment presented to the Court should include any requisite calculations (example: ____ days X ____ per diem interest rate = ______ total interest) and list each claimed element of damages separately, all of which much be substantiated by record evidence. Similarly, the Clerk of Court conducts foreclosure sales online, therefore, any such Final Judgment should include language directing the Clerk of Court as follows: "The Clerk of Court shall sell the property at public sale to the highest bidder for cash, except as set forth hereinafter, on ____________________, 20__ at 11:00 a.m. at www.charlotte.realforeclose.com in accordance with Chapter 45, Florida Statutes." Please do not include a set sales time frame, the Court will designate the sales time frame as applicable.
MOTIONS TO WITHDRAW:
In most cases, provided the case is not close to trial, a hearing is not necessary on a motion to withdraw if counsel files with the Clerk of Court: an original written consent to withdraw and hearing waiver signed by the client. Withdrawing counsel will need to provide a courtesy copy of the signed consent and hearing waiver on file with the Clerk of Court, a proposed Order (with stamped envelopes and copies for conforming), and cover letter to the Court, with copies to all pro se parties and counsel of record, as well as to the client(s) from which counsel seeks to withdraw representation. In addition to a statement granting the withdrawal, a proposed Order should include: a brief stay/abatement period of twenty days to allow retention of replacement counsel; the name and legal mailing address at which the party is to receive mail in the absence of counsel; the party's phone number; an indication that an unrepresented party will be held to the same rules and standards as an attorney and that a party representing himself/herself shall familiarize himself/herself with the applicable Florida law and rules to their case; an indication (if the party is a corporate entity) that Florida law requires a corporate entity to prosecute/defend claims through an attorney otherwise such unrepresented corporate entity's claims/defenses will be dismissed or stricken and judgment entered against it; and a statement that the failure to comply with Orders of the Court and the Rules of Civil Procedure may subject an offending party to contempt and sanctions, including the striking of pleadings and entry of an Order granting a dismissal or judgment and award of costs/fees. Absent a signed consent/waiver or in the event the matter has been scheduled for trial, a hearing is required.
SANCTIONS:
Failure to comply with these standard procedures and requirements and the administrative orders upon which they are based may result in the cancellation of hearing, termination of the privilege to appear telephonically, or other sanctions. Chronic offenders may be denied access to JACS and required to request hearing time by e-mail, which may result in substantial delays in the processing of cases.
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Important Logon Information
For first time users, click the "Schedule Time Slots" link, enter your bar number for both user ID and password, select a judge, and then click "Login". The system will give you the opportunity to set a password of your choice. If you are unable to successfully login, send an email with your bar number to
CollierJACS@ca.cjis20.org
Motion Guidelines
Only contact the Judge's office if your case parameters don't allow you to set the hearing or under special circumstances already listed in the system.
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Select Judge
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Judge Lauren L. Brodie
Collier County Courthouse
3315 Tamiami Trail East, Suite 203
Naples, FL 34112
Telephone (239) 252-8909 Fax (239) 252-8187
Courtroom Requirements
Please advise your clients, witnesses and court reporters that Judge Brodie's
courtroom is fragrance free and that they should not wear any scented products to court.
Office Policies and Procedures(Updated March 7, 2013)
As of January 1, 2013 MAGISTRATE ELLIS SHALL BE REFERRED HEARINGS ONLY IN CASES ENDING IN EVEN NUMBERS AND MAGISTRATE DENTE SHALL BE REFERRED HEARINGS ONLY IN CASES ENDING IN ODD NUMBERS. Please refer to the Magistrates' directions.
Foreclosure Hearings - All uncontested foreclosure summary judgment hearings (5 minutes only) should be scheduled through the Senior Foreclosure Judge Automated Calendaring System ("JACS"). Please read Senior Foreclosure Judge "JACS" instructions carefully prior to scheduling any hearings.
All other motions in foreclosure cases (with the exception of summary judgments) should be scheduled through the Judicial Calendaring ("JACS") with Magistrate Maria Dente for an odd number case or Magistrate Amy W. Ellis for an even number case.
If a written objection to the magistrate has been filed, you may schedule your motion on the Senior Foreclosure Judge calendar if the required length of time for your hearing is 30 minutes or less. You may also schedule deficiency judgments, contested summary judgments and default judgments with the Senior Foreclosure Judge if your required length of hearing time is 30 minutes or less.
For any hearings requiring more than 30 minutes of time, please submit a written request directly to the Judge's office along with a copy of the motion(s) you wish to have heard. PLEASE DO NOT SET ANY FORECLOSURE CASES/MATTERS ON JUDGE BRODIE'S CIVIL/REGULAR "JACS" CALENDAR.
PROBATE HEARINGS:
All matters are to be scheduled by calling the Judicial Assistant. Please do not schedule any probate cases on the "JACS" system.
HEARINGS UNDER 20 MINUTES:
All hearings, 20 minutes or less in length, must be scheduled through the Judicial Automated Calendaring System("JACS").
**Important** If there are multiple hearings on the same case that need to be set by one or more parties, please call the JA to schedule them all at one time. Do not schedule multiple hearings for the same case on the same day or on consecutive days.
You may not schedule back-to-back hearings to acquire a longer block of hearing time (e.g., scheduling two 10-minute hearings to acquire 20 minutes, or scheduling two 20-minute hearings to acquire 40 minutes). If you schedule hearings improperly, the hearing(s) may be cancelled, sanctions may be assessed, and you may be blocked from the "JACS" system.
When selecting the amount of time you need for a hearing, be sure to include opposing counsel's time to respond. Choose the amount of time that accurately fits what you will need.
A party/attorney scheduling a hearing must concurrently notice the matter in conformance with the Florida Rules of Civil Procedure and ensure timely notice is served on all pro se parties and counsel of record in advance of the hearing. The original notice must be timely filed with the Clerk of Court. A hearing notice of all hearings that will be evidentiary in nature and involving presentation of evidence (affidavits, testimony, exhibits, etc.) should clearly indicate it is an evidentiary hearing on its face.
Once a motion is scheduled through "JACS", subsequent motions may not be "piggybacked" using the time reserved for the first motion absent prior approval of Court.
If you settled an issue relating to a motion that is scheduled, please cancel it from "JACS" as soon as possible in order to allow others to use the time slot. If you cancel a hearing, you are required to file a Notice of Cancellation. If a party has cross-noticed said motion, however, you are required to notify the cross-noticing party prior to "JACS" cancellation and provide them the opportunity to maintain the previously reserved time if they wish to do so. You may not cancel a cross-noticed motion hearing without written consent of the other parties/counsel.
DISCOVERY MOTION/MOTIONS FOR MAGISTRATE:
Motions to Sever; Motions for Order to Show Cause; Motions to Transfer Venue; Motions to Vacate; Motions for Default and Motions to Dismiss should be scheduled with the Magistrates' Judicial Calendaring System ("JACS"). Please do not schedule any of these motions with Judge Brodie unless an objection to the Magistrate has been filed. PLEASE NOTE: Any motion may be scheduled with the Magistrate if the parties consent. (Please see the Magistrates' "JACS" instructions).
MOTIONS FOR REHEARING/NEW TRIAL/TO ADVANCE CASE:
Motions for Rehearing and for new trial must be submitted in writing. Judge Brodie will then decide whether a hearing or new trial will be granted. Please send a courtesy copy of the motion directly to the Judge's chambers. Motions filed with the Clerk will not be seen by the Court. The Clerk does not forward motions to the Judge's office.
Motions to Advance on Trial Docket pursuant to statutes, rules of procedure, or case law are also reviewed without hearing. Simply submit your copy of the motion with a cover letter and you will receive notice of the Judge's decision.
HEARINGS OVER 20 MINUTES must be requested in writing along with a copy of the motion and approved by Judge Brodie before hearing time will be scheduled. The Judicial Assistant will contact the attorneys' office to schedule these hearings.
EMERGENCY HEARINGS must be requested in writing. Describe the nature of the emergency and estimate the hearing time needed. Do not argue your motion in the letter. The Judicial Assistant will contact the attorneys' office to schedule these hearings.
HEARINGS VIA TELEPHONE are permitted if the hearing is scheduled for 15 minutes or less. See: Fla.R.Jud.Admin 2.530(c). If the hearing is scheduled for more than 15 minutes, no telephone appearances are permitted. All phone hearings must be set up through Court Call at least seven business days in advance of the hearing. Court Call can be contacted at 888-882-6878 or www.courtcall.com. If someone is planning to attend a hearing by phone, the hearing must be scheduled and designated as a phone hearing on "JACS" and noticed accordingly.
FAXES:
Faxes should be sent for emergency motions only and should not exceed 7 pages.
ORDERS PRESENTED AFTER HEARINGS:
- Be prepared at the hearing with a proposed order, appropriate copies and envelopes.
- If you do not have a proposed order at the time of the hearing, you should:
- Consult with opposing counsel and work out an acceptable order on blank forms provided by the Court.
- Mail a stipulated order after the hearing stating in your cover letter that opposing counsel has reviewed the order presented and has no objection thereto.
If there are objections to the proposed order, please advise the Court in the cover letter at the time the proposed order is submitted. Be sure to copy opposing counsel with any proposed order and cover letter sent to the Court.
If you haven't received your conformed copy yet, call the Clerk's office before you call the Judge's office.
TRIAL DOCKETS:
For ease of scheduling and in an effort to assign trial dates more quickly, jury and non-jury trials are combined on the same docket. When a Notice of Trial is filed in non-foreclosure cases, or when the court obtains the trial date from the Agreed Case Management Plan, the following occurs:
- A photocopy of the notice is sent from the clerk's office to the Judge's office along with the addressed stamped envelopes which were provided.
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The case information will be forwarded to the Civil Case Manager's office for the scheduling of a Case Management Conference.
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The pretrial conference will be set approximately 4 weeks prior to the first day of the trial docket. Counsel and pro-se parties are required to attend the pretrial conference.
Once your case is scheduled for trial, it is the responsibility of the lawyers to keep the Judge's office informed. PLEASE let us know when you have settled or otherwise disposed of your case. Cases may be taken out of order so that we can dispose of as many cases as possible in a trial period. We do not give preference to certain lawyers, parties or cases. We put your trial where it will fit.
TELEPHONE:
Telephone hours are from 8:30 a.m. to 4:30 p.m. Due to high volume of phone calls the civil division receives, you will unlikely reach the Judicial Assistant in person. Therefore, when calling and receiving voice mail, please leave your name and a brief message. Your phone call will be returned. It is not necessary for the Judicial Assistant to call back to confirm that your message was received. Calls of that nature are not returned.
WRITTEN MEMORANDA:
Written memoranda on lengthy or complex motions are appreciated, but not necessary. They must be submitted at least seven business days prior to the hearing to be considered. Opposing counsel should also have received copies or written memorandum at the same time the Court is copied.
MISCELLANEOUS:
Please send a letter of transmittal with all pleadings sent to our office. You know what you want - we can only guess when an unexplained pleading comes in a month or so after the proceeding to which it relates. In most cases, the unexplained pleading will receive no action or be discarded.
Order of Referral to the Magistrate
Please do NOT send copies or envelopes for Orders of Referrals unless there are pro se parties. Florida Bar Members MUST INCLUDE e-mail addresses on the service list.
Thank you for your cooperation.
Other People Who Can Help:
Judicial Assistant
Jeannine Sheets - (239) 252-8909
Court Administration
(239) 252-8800
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Select Judge
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Judge Frederick R. Hardt
Collier County Courthouse
3315 Tamiami Trail East, Suite 404
Naples, FL 34112
Telephone (239) 252-8395 Fax (239) 252-8454
CIVIL, PROBATE AND FORECLOSURE POLICIES & PROCEDURES (effective July 1, 2012)
PLEASE NOTE CHANGES
As of January 1, 2013 MAGISTRATE ELLIS SHALL BE REFERRED HEARINGS ONLY IN CASES ENDING IN EVEN NUMBERS AND MAGISTRATE DENTE SHALL BE REFERRED HEARINGS ONLY IN CASES ENDING IN ODD NUMBERS. Please refer to the Magistrate directions for proper order of Referral based on the date the hearing is scheduled.
Foreclosure Hearings All uncontested foreclosure summary judgment hearings (5 minutes only) should be scheduled through the Senior Foreclosure Judge Automated Calendaring System ("JACS"). Please read Senior Foreclosure Judge "JACS" instructions carefully prior to scheduling any hearings which may be found at www.ca.cjis20.org
All other motions in foreclosure cases (with the exception of summary judgments) should be scheduled through the Judicial Calendaring System ("JACS") with Magistrate Maria Dente for an odd number case or Magistrate Amy W. Ellis for an even number case.
If a written object to the magistrate has been filed, you may schedule your motion on the Senior Foreclosure Judge calendar if the required length of time for your hearing is 30 minutes or less. You may also schedule deficiency judgments, contested summary judgments and default judgments with the Senior Foreclosure Judge if your required hearing time is 30 minutes or less.
PLEASE DO NOT SET ANY FORECLOSURE CASES/MATTERS ON JUDGE HARDT'S CIVIL/REGULAR "JACS" CALENDAR. ANY FORECLOSURE HEARING SET WITH JUDGE HARDT WILL REQUIRE THE PRIOR APPROVAL OF THE JUDICIAL ASSISTANT. THIS APPROVAL WILL BE GIVEN ONLY IF THE SCHEDULING PROCEDURES STATED ABOVE ARE NOT AVAILABLE.
Probate Hearings: Probate hearings may be scheduled on "JACS" in accordance with the office procedures stated herein.
Motion Calendar: Motion calendars are generally set on Mondays, except when there is a holiday or special set by the judge.
Hearings 20 minutes or less: All hearings, 20 minutes or less in length, must be scheduled through the "JACS" system. Please schedule all Discovery Motions, Motions for Protective Order, Motions to Transfer Venue, Motions to Dismiss, Motions to Sever or Consolidate, Motions to Add or Substitute Parties, Motions to Intervene, Motions for Contempt, Motions for Sanctions, Motions to Withdraw, Motions for Leave to File Amended Pleadings and Motions to Strike with Magistrate Maria Dente for an odd number case or with Magistrate Amy W. Ellis for an even number case. Please do not schedule any of these motions with Judge Hardt unless an objection to the Magistrate has been filed. PLEASE NOTE: Any motion may be scheduled with the Magistrate if the parties consent. (Please see the Magistrates' "JACS" instructions).
You may not schedule back-to-back hearings to acquire a longer block of hearing time (e.g., scheduling two 10-minute hearings to acquire 20 minutes, or scheduling two 20-minute hearings to acquire 40 minutes). If you schedule hearings improperly, the hearing(s) may be canceled, sanctions may be assessed, and you may be blocked from the "JACS" system.
A party/attorney scheduling a hearing must concurrently notice the matter in conformance with the Florida Rules of Civil Procedure and ensure timely notice is served on all pro se parties and counsel of record in advance of the hearing. The original notice must be timely filed with the Clerk of Court. A hearing notice for all hearings that will be evidentiary in nature and involving presentation of evidence (affidavits, testimony, exhibits, etc.) should clearly indicate it is an evidentiary hearing.
Once a motion is scheduled through "JACS", subsequent motions may not be "piggybacked" using the time reserved for the first motion absent prior approval of the
Court.
Except for cancellations, there can be no changes, additions, swapping, or other alterations of the motion calendar. Attempts to accommodate such requests in the past have resulted in unnecessary confusion and inadequate notice to opposing counsel.
Hearings via Telephone are permitted if the hearing is scheduled for 15 minutes or less and is a non-evidentiary hearing. See: Fla.R.Jud.Admin 2.530(c). If the hearing is scheduled for more than 15 minutes, no telephone appearances are permitted. All phone hearings must be set up through Court Call at least seven business days in advance of the hearing. Court Call can be contacted at 888-882-6878 or www.courtcall.com. If someone is planning to attend a hearing by phone, the hearing must be scheduled and designated as a phone hearing on "JACS" and noticed accordingly.
Hearings 30 minutes or more must be requested in writing along with a copy of the motion(s) and approved by Judge Hardt before hearing time will be scheduled. The judicial assistant will contact the attorneys' office to schedule these hearings.
If you need 30 minutes, ask for 30 minutes. Please don't say, "Can I get in sooner if I only ask for 15 minutes?" You can't squeeze 30 minutes of argument into a 15 minute slot. You know it, and we know it. Judge Hardt will limit the length of the hearing to the time requested. If you don't finish in time, the motion will have to be rescheduled. When estimating necessary hearing time, remember to include opposing counsel's time.
ON ALL HEARING NOTICES, REGARDLESS WHETHER HEARING IS BOOKED ON JACS OR THROUGH THE JUDICIAL ASISTANT, A HEARING CONFIRMATION NUMBER IS GIVEN AND SHALL BE NOTED IN THE CAPTION OF YOUR NOTICE OF HEARING ALONG WITH THE AMOUNT OF HEARING TIME YOU HAVE BOOKED FOR YOUR MOTION(S) TO BE HEARD.
Emergency Hearings must also be requested in writing. Describe the precise nature of the emergency and give an estimate the hearing time requested. Do not argue your motion in the letter. Please use your good judgment as to whether it is a true emergency.
Motions for Rehearing/New Trial/To Advance Case. Motions for Rehearing, New Trial and to Advance Case must be submitted in writing. Judge Hardt will then decide whether a hearing or new trial will be granted. Please send a courtesy copy of the motion directly to the Judge's chambers with a transmittal letter. Motions filed with the Clerk will not be seen by the Court. The Clerk does not forward Motions to the Judge's office.
Motions to Advance on Trial Docket are also reviewed without hearing. Simply submit your copy of the motion with a cover letter and you will receive notice of the judge's decision.
Faxes should be sent for emergency motions only upon prior approval by Judge and shall not exceed seven (7) pages. Our fax number is 239-252-8454.
DESIGNATION OF COMPLEX CASES: Cases shall only be designated "complex" under Rule 1.201 upon motion of a party or upon the Court's own motion.
ORDERS PRESENTED AFTER HEARINGS: We do not hold orders pending objections from opposing counsel. Your options are:
- Be prepared at the hearing with a proposed order, appropriate copies and pre-addressed stamped envelopes.
- If you cannot agree on the language in the order at the time of hearing, you should
- Consult with opposing counsel and work out an acceptable order on blank forms provided by the Court. You may return the agreed order to the Clerk, and it will be executed the same day.
- Mail a stipulated order after the hearing stating in your cover letter that opposing counsel has reviewed the order presented and has no objection thereto.
Orders tendered that are not stipulated or agreed to by all counsel will be returned unexecuted to the party presenting the order. If you can't reach opposing counsel, keep trying. This is not an acceptable reason for submitting an order without prior review by opposing counsel. If opposing counsel does not agree or stipulate to the form of the order, please advise the judge in writing. The judge will then review all proposed orders, and if necessary, will schedule another hearing.
NOTICES FOR TRIAL: Upon receipt of a Notice for Trial, the Court will schedule and hear the pretrial conference in accordance with our standard pre-trial order. Please include all pertinent information which includes: jury or non-jury; number of days estimated for your trial; certificate of service with all parties/attorneys complete information, including their mailing address. DO NOT FILE YOUR NOTICE FOR TRIAL UNTIL YOUR CASE IS READY FOR TRIAL.
TRIAL DOCKETS: When a Notice for Trial is filed in non-foreclosure cases, the following occurs:
- A photocopy of the notice is sent from the clerk's office to the Judge's office.
- The case will be set for pretrial and trial in the order that the Notices for Trial are filed. Cases will be assigned a docket number (e.g., Case #1, Case #2, etc.). There will be a separate docket for Jury and Non-Jury cases. IN ALL CASES, mediation/non-binding arbitration MUST be completed prior to the pretrial conference.
- The pretrial will generally be set 2 to 4 weeks prior to the first day of the trial docket. Attendance at the pretrial may be waived if the parties submit a signed agreed Pretrial Conference/Trial Order at least 10 business days in advance of the pretrial to the judge's chambers and approved by the judge. If not approved by the judge, counsel and pro-se parties will be required to attend the pretrial conference. Trials will generally start on Tuesdays (unless a holiday or carried over from the prior week). As stated previously, the cases are set in order that the Notices for Trial are filed; therefore, they will be tried, absent any special circumstances, in the order in which the cases are set on the docket. Once your case is scheduled for trial, it is the responsibility of the lawyers to keep the judge's office informed. Our office cannot possibly call all the lawyers on a trial docket to check the status of each case prior to trial. Please let us know when you have settled or otherwise disposed of your case.
Once placed on a trial docket, cases may need to be taken out of order so we can dispose of as many cases as possible in a trial period. We do not give preference to certain lawyers, parties or cases. We put your trial where it will fit. We are truly sympathetic when this is not convenient for you. If you can suggest a better way, we'd be more than happy to listen.
When a Notice for Trial is filed in foreclosure cases, the following occurs:
- A photocopy of the notice is sent from the clerk's office to the case manager's office.
- The case will be set for pretrial conference before a senior foreclosure judge.
- The trial date will be set at the pretrial conference on a non-jury foreclosure trial docket before the judge assigned to the case.
MOTIONS TO CONTINUE: Motions to Continue shall be heard by the judge and not referred to the Magistrate. If the request to continue is granted by the Court, the Court will require the case to be RENOTICED for trial in order to be placed on another trial docket.
TELEPHONE: Telephone hours are from 9:00 a.m. to 4:30 p.m. Due to the high volume of phone calls the civil division receives, you will unlikely reach the judicial assistant in person. Therefore, when calling and receiving voice mail, please leave your name and a brief message. Your phone call will be returned. It is not necessary for the Judicial Assistant to call back to confirm that your message was received. Calls of that nature are not returned.
MEMORANDA: Written memoranda on lengthy or complex motions are not necessary but if supplied, they must be submitted at least five (5) business days prior to the hearing. Memoranda or briefs to be considered by the Court for any hearing shall be limited to ten (10) pages in length on 8 1/2-by-11 inch paper with lettering in distinct type, double spaced, with margins no less than 1 inch, and font no less than 12 point. Quotations may be single spaced. NOTEBOOKS WILL NOT BE ACCEPTED.
MISCELLANEOUS: Please send a letter of transmittal with all pleadings sent to our office. You know what you want - we can only guess when an unexplained pleading comes in a month or so after the proceeding to which it relates. In most cases, the unexplained pleading will receive no action or be discarded.
Thank you for your cooperation!
Other People Who Can Help:
Judicial Assistant
Lanette
(239) 252-8395
Court Administration
(239) 252-8800
Order of Referral to the Magistrate
Order of Referral to Magistrate Please do NOT send copies or envelopes for Orders of Referrals unless there are pro se parties. Florida Bar Members MUST INCLUDE e-mail addresses on the service list.
To view all of Judge Hardt's Downloads, click here.
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Judge Frederick R. Hardt
Collier County Courthouse
3315 Tamiami Trail East, Suite 404
Naples, FL 34112
Telephone (239) 252-8395 Fax (239) 252-8454
CIVIL, PROBATE AND FORECLOSURE POLICIES & PROCEDURES (effective July 1, 2012)
PLEASE NOTE CHANGES
As of January 1, 2013 MAGISTRATE ELLIS SHALL BE REFERRED HEARINGS ONLY IN CASES ENDING IN EVEN NUMBERS AND MAGISTRATE DENTE SHALL BE REFERRED HEARINGS ONLY IN CASES ENDING IN ODD NUMBERS. Please refer to the Magistrate directions for proper order of Referral based on the date the hearing is scheduled.
Foreclosure Hearings All uncontested foreclosure summary judgment hearings (5 minutes only) should be scheduled through the Senior Foreclosure Judge Automated Calendaring System ("JACS"). Please read Senior Foreclosure Judge "JACS" instructions carefully prior to scheduling any hearings which may be found at www.ca.cjis20.org
All other motions in foreclosure cases (with the exception of summary judgments) should be scheduled through the Judicial Calendaring System ("JACS") with Magistrate Maria Dente for an odd number case or Magistrate Amy W. Ellis for an even number case.
If a written object to the magistrate has been filed, you may schedule your motion on the Senior Foreclosure Judge calendar if the required length of time for your hearing is 30 minutes or less. You may also schedule deficiency judgments, contested summary judgments and default judgments with the Senior Foreclosure Judge if your required hearing time is 30 minutes or less.
PLEASE DO NOT SET ANY FORECLOSURE CASES/MATTERS ON JUDGE HARDT'S CIVIL/REGULAR "JACS" CALENDAR. ANY FORECLOSURE HEARING SET WITH JUDGE HARDT WILL REQUIRE THE PRIOR APPROVAL OF THE JUDICIAL ASSISTANT. THIS APPROVAL WILL BE GIVEN ONLY IF THE SCHEDULING PROCEDURES STATED ABOVE ARE NOT AVAILABLE.
Probate Hearings: Probate hearings may be scheduled on "JACS" in accordance with the office procedures stated herein.
Motion Calendar: Motion calendars are generally set on Mondays, except when there is a holiday or special set by the judge.
Hearings 20 minutes or less: All hearings, 20 minutes or less in length, must be scheduled through the "JACS" system. Please schedule all Discovery Motions, Motions for Protective Order, Motions to Transfer Venue, Motions to Dismiss, Motions to Sever or Consolidate, Motions to Add or Substitute Parties, Motions to Intervene, Motions for Contempt, Motions for Sanctions, Motions to Withdraw, Motions for Leave to File Amended Pleadings and Motions to Strike with Magistrate Maria Dente for an odd number case or with Magistrate Amy W. Ellis for an even number case. Please do not schedule any of these motions with Judge Hardt unless an objection to the Magistrate has been filed. PLEASE NOTE: Any motion may be scheduled with the Magistrate if the parties consent. (Please see the Magistrates' "JACS" instructions).
You may not schedule back-to-back hearings to acquire a longer block of hearing time (e.g., scheduling two 10-minute hearings to acquire 20 minutes, or scheduling two 20-minute hearings to acquire 40 minutes). If you schedule hearings improperly, the hearing(s) may be canceled, sanctions may be assessed, and you may be blocked from the "JACS" system.
A party/attorney scheduling a hearing must concurrently notice the matter in conformance with the Florida Rules of Civil Procedure and ensure timely notice is served on all pro se parties and counsel of record in advance of the hearing. The original notice must be timely filed with the Clerk of Court. A hearing notice for all hearings that will be evidentiary in nature and involving presentation of evidence (affidavits, testimony, exhibits, etc.) should clearly indicate it is an evidentiary hearing.
Once a motion is scheduled through "JACS", subsequent motions may not be "piggybacked" using the time reserved for the first motion absent prior approval of the
Court.
Except for cancellations, there can be no changes, additions, swapping, or other alterations of the motion calendar. Attempts to accommodate such requests in the past have resulted in unnecessary confusion and inadequate notice to opposing counsel.
Hearings via Telephone are permitted if the hearing is scheduled for 15 minutes or less and is a non-evidentiary hearing. See: Fla.R.Jud.Admin 2.530(c). If the hearing is scheduled for more than 15 minutes, no telephone appearances are permitted. All phone hearings must be set up through Court Call at least seven business days in advance of the hearing. Court Call can be contacted at 888-882-6878 or www.courtcall.com. If someone is planning to attend a hearing by phone, the hearing must be scheduled and designated as a phone hearing on "JACS" and noticed accordingly.
Hearings 30 minutes or more must be requested in writing along with a copy of the motion(s) and approved by Judge Hardt before hearing time will be scheduled. The judicial assistant will contact the attorneys' office to schedule these hearings.
If you need 30 minutes, ask for 30 minutes. Please don't say, "Can I get in sooner if I only ask for 15 minutes?" You can't squeeze 30 minutes of argument into a 15 minute slot. You know it, and we know it. Judge Hardt will limit the length of the hearing to the time requested. If you don't finish in time, the motion will have to be rescheduled. When estimating necessary hearing time, remember to include opposing counsel's time.
ON ALL HEARING NOTICES, REGARDLESS WHETHER HEARING IS BOOKED ON JACS OR THROUGH THE JUDICIAL ASISTANT, A HEARING CONFIRMATION NUMBER IS GIVEN AND SHALL BE NOTED IN THE CAPTION OF YOUR NOTICE OF HEARING ALONG WITH THE AMOUNT OF HEARING TIME YOU HAVE BOOKED FOR YOUR MOTION(S) TO BE HEARD.
Emergency Hearings must also be requested in writing. Describe the precise nature of the emergency and give an estimate the hearing time requested. Do not argue your motion in the letter. Please use your good judgment as to whether it is a true emergency.
Motions for Rehearing/New Trial/To Advance Case. Motions for Rehearing, New Trial and to Advance Case must be submitted in writing. Judge Hardt will then decide whether a hearing or new trial will be granted. Please send a courtesy copy of the motion directly to the Judge's chambers with a transmittal letter. Motions filed with the Clerk will not be seen by the Court. The Clerk does not forward Motions to the Judge's office.
Motions to Advance on Trial Docket are also reviewed without hearing. Simply submit your copy of the motion with a cover letter and you will receive notice of the judge's decision.
Faxes should be sent for emergency motions only upon prior approval by Judge and shall not exceed seven (7) pages. Our fax number is 239-252-8454.
DESIGNATION OF COMPLEX CASES: Cases shall only be designated "complex" under Rule 1.201 upon motion of a party or upon the Court's own motion.
ORDERS PRESENTED AFTER HEARINGS: We do not hold orders pending objections from opposing counsel. Your options are:
- Be prepared at the hearing with a proposed order, appropriate copies and pre-addressed stamped envelopes.
- If you cannot agree on the language in the order at the time of hearing, you should
- Consult with opposing counsel and work out an acceptable order on blank forms provided by the Court. You may return the agreed order to the Clerk, and it will be executed the same day.
- Mail a stipulated order after the hearing stating in your cover letter that opposing counsel has reviewed the order presented and has no objection thereto.
Orders tendered that are not stipulated or agreed to by all counsel will be returned unexecuted to the party presenting the order. If you can't reach opposing counsel, keep trying. This is not an acceptable reason for submitting an order without prior review by opposing counsel. If opposing counsel does not agree or stipulate to the form of the order, please advise the judge in writing. The judge will then review all proposed orders, and if necessary, will schedule another hearing.
NOTICES FOR TRIAL: Upon receipt of a Notice for Trial, the Court will schedule and hear the pretrial conference in accordance with our standard pre-trial order. Please include all pertinent information which includes: jury or non-jury; number of days estimated for your trial; certificate of service with all parties/attorneys complete information, including their mailing address. DO NOT FILE YOUR NOTICE FOR TRIAL UNTIL YOUR CASE IS READY FOR TRIAL.
TRIAL DOCKETS: When a Notice for Trial is filed in non-foreclosure cases, the following occurs:
- A photocopy of the notice is sent from the clerk's office to the Judge's office.
- The case will be set for pretrial and trial in the order that the Notices for Trial are filed. Cases will be assigned a docket number (e.g., Case #1, Case #2, etc.). There will be a separate docket for Jury and Non-Jury cases. IN ALL CASES, mediation/non-binding arbitration MUST be completed prior to the pretrial conference.
- The pretrial will generally be set 2 to 4 weeks prior to the first day of the trial docket. Attendance at the pretrial may be waived if the parties submit a signed agreed Pretrial Conference/Trial Order at least 10 business days in advance of the pretrial to the judge's chambers and approved by the judge. If not approved by the judge, counsel and pro-se parties will be required to attend the pretrial conference. Trials will generally start on Tuesdays (unless a holiday or carried over from the prior week). As stated previously, the cases are set in order that the Notices for Trial are filed; therefore, they will be tried, absent any special circumstances, in the order in which the cases are set on the docket. Once your case is scheduled for trial, it is the responsibility of the lawyers to keep the judge's office informed. Our office cannot possibly call all the lawyers on a trial docket to check the status of each case prior to trial. Please let us know when you have settled or otherwise disposed of your case.
Once placed on a trial docket, cases may need to be taken out of order so we can dispose of as many cases as possible in a trial period. We do not give preference to certain lawyers, parties or cases. We put your trial where it will fit. We are truly sympathetic when this is not convenient for you. If you can suggest a better way, we'd be more than happy to listen.
When a Notice for Trial is filed in foreclosure cases, the following occurs:
- A photocopy of the notice is sent from the clerk's office to the case manager's office.
- The case will be set for pretrial conference before a senior foreclosure judge.
- The trial date will be set at the pretrial conference on a non-jury foreclosure trial docket before the judge assigned to the case.
MOTIONS TO CONTINUE: Motions to Continue shall be heard by the judge and not referred to the Magistrate. If the request to continue is granted by the Court, the Court will require the case to be RENOTICED for trial in order to be placed on another trial docket.
TELEPHONE: Telephone hours are from 9:00 a.m. to 4:30 p.m. Due to the high volume of phone calls the civil division receives, you will unlikely reach the judicial assistant in person. Therefore, when calling and receiving voice mail, please leave your name and a brief message. Your phone call will be returned. It is not necessary for the Judicial Assistant to call back to confirm that your message was received. Calls of that nature are not returned.
MEMORANDA: Written memoranda on lengthy or complex motions are not necessary but if supplied, they must be submitted at least five (5) business days prior to the hearing. Memoranda or briefs to be considered by the Court for any hearing shall be limited to ten (10) pages in length on 8 1/2-by-11 inch paper with lettering in distinct type, double spaced, with margins no less than 1 inch, and font no less than 12 point. Quotations may be single spaced. NOTEBOOKS WILL NOT BE ACCEPTED.
MISCELLANEOUS: Please send a letter of transmittal with all pleadings sent to our office. You know what you want - we can only guess when an unexplained pleading comes in a month or so after the proceeding to which it relates. In most cases, the unexplained pleading will receive no action or be discarded.
Thank you for your cooperation!
Other People Who Can Help:
Judicial Assistant
Lanette
(239) 252-8395
Court Administration
(239) 252-8800
To view Judge Hardt's Downloads, click here.
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Select Judge
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Judge Hugh D. Hayes
Collier County Courthouse
3315 Tamiami Trail East, Suite 403
Naples, FL 34112
Telephone (239) 252-8116 Fax (239) 774-3184
Jan Metcalfe, Judicial Assistant
POLICIES & PROCEDURES (Updated February 27, 2013)
PLEASE NOTE CHANGES
As of January 1, 2013 MAGISTRATE ELLIS SHALL BE REFERRED HEARINGS ONLY IN CASES ENDING IN EVEN NUMBERS AND MAGISTRATE DENTE SHALL BE REFERRED HEARINGS ONLY IN CASES ENDING IN ODD NUMBERS. Please refer to the Magistrate directions for proper order of Referral based on the date the hearing is scheduled.
Quick Downloads
Foreclosure Hearings All uncontested foreclosure summary judgment hearings (5 minutes only) should be scheduled through the Senior Foreclosure Judge Automated Calendaring System ("JACS"). Please read Senior Foreclosure Judge "JACS" instructions carefully prior to scheduling any hearings.
All other motions in foreclosure cases (with the exception of summary judgments, deficiency judgments and default judgments) should be scheduled through the Judicial Automated Calendaring System ("JACS") with Magistrate Maria Dente for an odd number case and with Magistrate Amy W. Ellis for an even number case.
If a written objection to the magistrate has been filed, you may schedule your motion on the Senior Foreclosure Judge calendar if the required length of time for your hearing is 30 minutes or less. You may also schedule deficiency judgments, contested summary judgments and default judgments with the Senior Foreclosure Judge if your required length of hearing time is 30 minutes or less.
For any hearings requiring more than 30 minutes of time, please submit a written request directly to the Judge's office along with a copy of the motion(s) you wish to have heard. PLEASE DO NOT SET ANY FORECLOSURE CASES/MATTERS ON JUDGE HAYES' CIVIL/REGULAR "JACS" CALENDAR.
Probate Hearings: All matters are to be scheduled by calling the Judicial Assistant. Please do not schedule any probate cases on the "JACS" system.
Hearings under 20 minutes: All hearings, 20 minutes or less in length, must be scheduled through the "JACS" system. Please schedule all Discovery Motions; Motions to Withdraw; Motions for Leave to File Amended Pleading and Motions to Strike Affirmative Defenses with Magistrate Maria Dente for an odd number case or with Magistrate Amy W. Ellis for an even number case. Please do not schedule any of these motions with Judge Hayes unless an objection to the Magistrate has been filed. PLEASE NOTE: Any motion may be scheduled with the Magistrate if the parties consent. (Please see the Magistrates' "JACS" instructions).
You may not schedule back-to-back hearings to acquire a longer block of hearing time (e.g., scheduling two 10-minute hearings to acquire 20 minutes, or scheduling two 20-minute hearings to acquire 40 minutes). If you schedule hearings improperly, the hearing(s) may be canceled, sanctions may be assessed, and you may be blocked from the "JACS" system.
A party/attorney scheduling a hearing must concurrently notice the matter in conformance with the Florida Rules of Civil Procedure and ensure timely notice is served on all pro se parties and counsel of record in advance of the hearing. The original notice must be timely filed with the clerk of court. A hearing notice for all hearings that will be evidentiary in nature (affidavits, testimony, exhibits, etc.) should clearly indicate it is an evidentiary hearing.
Once a motion is scheduled through "JACS", subsequent motions may not be "piggybacked" using the time reserved for the first motion absent prior approval of the Court.
Except for cancellations, there can be no changes, additions, swapping, or other alterations of the motion calendar. Attempts to accommodate such requests in the past have resulted in unnecessary confusion and inadequate notice to opposing counsel.
Hearings via telephone are permitted if the hearing is scheduled for 15 minutes or less. See: Fla. R. Jud. Admin 2.530 (c). If the hearing is scheduled for more than 15 minutes, no telephone appearances are permitted. All phone hearings must be set up through CourtCall at least seven business days in advance of the hearing. CourtCall can be contacted at 888-882-6878 or www.courtcall.com. If someone is planning on attending a hearing by phone, the hearing must be scheduled and designated as a phone hearing on "JACS" and noticed accordingly.
Hearings Over 20 minutes must be requested in writing along with a copy of the motion(s) and approved by Judge Hayes before hearing time will be scheduled. The judicial assistant will contact the attorneys' office to schedule these hearings.
If you need 30 minutes, ask for 30 minutes. Please don't say, "Can I get in sooner if I only ask for 15 minutes?" You can't squeeze 30 minutes of argument into a 15 minute slot. You know it, and we know it. Judge Hayes will limit the length of the hearing to the time requested. If you don't finish in time, the motion will have to be rescheduled. When estimating necessary hearing time, remember to include opposing counsel's time.
Emergency Hearings See Judge Hayes' Emergency Hearing Procedures (Judicial Downloads)
Motions for Rehearing/New Trial/To Advance Case. Motions for Rehearing, for New Trial and to Advance should be filed with the Clerk of Court. They will e-mail a copy to the judicial assistant. Judge Hayes will review the motion and decide whether a hearing or new trial will be granted.
Motions to Advance on Trial Docket pursuant to statutes, rules of procedure, or case law are also reviewed without hearing. Simply file your motion with the Clerk of Courts and you will receive notice of the judge's decision.
Faxes should be sent for emergency motions only and should not exceed seven (7) pages. Our fax number is 239-774-3184.
ORDERS PRESENTED AFTER HEARINGS* We do not hold orders pending objections from opposing counsel. Your options are:
- Be prepared at the hearing with a proposed order, appropriate copies and envelopes.
- If you cannot agree on the language in the order at the time of hearing, you should:
-
Consult with opposing counsel and work out an acceptable order on blank forms provided by the Court
- Mail a stipulated order after the hearing stating in your cover letter that opposing counsel has reviewed
the order presented and has no objection thereto.
Orders tendered that are not stipulated or agreed to by all counsel will be returned unexecuted to the party presenting the order. If you can't reach opposing counsel, keep trying. This is not an acceptable reason for submitting an order without prior review by opposing counsel. If opposing counsel refuses to agree or stipulate to the form of the order, please advise the Judge in writing. The Judge will then review all proposed orders, and if necessary, will schedule another hearing.
TRIAL DOCKETS: For ease of scheduling and in an effort to assign trial dates more quickly, jury and
non-jury trials are combined on the same docket. When a Notice of Trial is filed in non-foreclosure
cases, the following occurs:
-
The Clerk e-mails a copy of the Notice of Trial to the judicial assistant.
-
The case information will be forwarded to the Civil Case Manager's office for the scheduling of a Case Management Conference. If the case has gone to mediation or non-binding arbitration, an Order of Referral to Magistrate for Pretrial Conference will be entered and mailed to all the parties. The Magistrate will schedule the case for trial at the Pretrial Conference.
Once your case is scheduled for trial, it is the responsibility of the lawyers to keep the judge's office informed. Our office cannot possibly call all the lawyers on a trial docket to check the status of each case prior to trial. Please let us know when you have settled or otherwise disposed of your case. Please cancel your trials and hearing dates.
Once placed on a trial docket, cases may need to be taken out of order so we can dispose of as many cases as possible in a trial period. We do not give preference to certain lawyers, parties or cases. We put your trial where it will fit. We are truly sympathetic when this is not convenient for you.
TELEPHONE: Telephone hours are from 9:00 a.m. to 4:30 p.m. Due to the high volume of phone calls the civil division receives, you may not reach the judicial assistant in person. Therefore, when calling and receiving voice mail, please leave your name and a brief message. Your phone call will be returned. It is not necessary for the Judicial Assistant to call back to confirm that your message was received. Calls of that nature are not returned.
MEMORANDA: Written memoranda on lengthy or complex motions are not necessary but if supplied, they must be submitted at least five (5) business days prior to the hearing. Memoranda or briefs to be considered by the Court for any hearing shall be limited to ten (10) pages in length on 8 1/2-by-11 inch paper, and shall also comply with the lettering and spacing requirements of Rule. 9.210(9)(2), Rules of Appellate Procedure. NOTEBOOKS WILL NOT BE ACCEPTED.
MISCELLANEOUS: Please send a letter of transmittal with all pleadings sent to our office. You know what you want - we can only guess when an unexplained pleading comes in a month or so after the proceeding to which it relates. In most cases, the unexplained pleading will receive no action or be discarded.
Thanks for your cooperation!
Other People Who Can Help:
Judicial Assistant
Jan Metcalfe - 239-252-8116
Court Administration - 239-252-8800
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Select Judge
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Judge Pivacek
Collier County Courthouse
3315 Tamiami Trail East, Suite 204
Naples, FL 34112
(239) 252-2783
fax (239) 252-2795
PLEASE NOTE CHANGES
As of January 1, 2013 MAGISTRATE ELLIS SHALL BE REFERRED HEARINGS ONLY IN CASES ENDING IN EVEN NUMBERS AND MAGISTRATE DENTE SHALL BE REFERRED HEARINGS ONLY IN CASES ENDING IN ODD NUMBERS. Please refer to the Magistrate directions for proper order of Referral based on the date the hearing is scheduled.
SCHEDULING FORECLOSURE HEARINGS
Effective July 1, 2012 a portion of the civil docket has been reassigned. Check for the Clerk's docket to determine the correct judge assigned to your case.
All uncontested foreclosure summary judgment hearings (5 minutes only) should be scheduled through the Senior Foreclosure Judge Automated Calendaring System ("JACS"). Please read Senior Foreclosure Judge "JACS" instructions carefully prior to scheduling any hearings.
All other motions in foreclosure cases (with the exception of summary judgments) should be scheduled through the Judicial Automated Calendaring System ("JACS") with Magistrate Maria Dente for an odd number case or Magistrate Amy W. Ellis for an even number case. Judge Pivacek will hear only motions in foreclosure cases if the motion is contested and needs hearing time in excess of 30 minutes.
PLEASE DO NOT SET ANY FORECLOSURE CASES/MATTERS ON JUDGE PIVACEK'S "JACS" CALENDAR. If a written objection to the Magistrate has been filed or if the motion is a Contested Summary Judgment or any other type of motion requiring 30 minutes or less should be scheduled on the Senior Foreclosure Judge calendar. For all motions needing more than 30 minutes, you should mail a written request to the Judicial Assistant to request hearing time and she will contact you with dates. Specify the amount of time needed for the hearing in the request.
SCHEDULING PROBATE & CIVIL HEARINGS:
All hearings 30 minutes or less in length, must be scheduled through the Judicial Automated Calendaring System ("JACS"). Please schedule all Discovery Motions; Motions to Withdraw; Motions for Leave to File Amended Pleading and Motions to Strike Affirmative Defenses with Magistrate Maria Dente for an odd number case or with Magistrate Amy W. Ellis for an even number case. Please do not schedule any of these motions with Judge Pivacek unless an objection to the Magistrate has been filed. PLEASE NOTE: Any motion may be scheduled with the Magistrate if the parties consent. (Please see the Magistrates' "JACS" instructions).
Hearings over 30 minutes must be requested in writing and approved by Judge Pivacek before hearing time will be scheduled. The judicial assistant will contact the attorneys' office to schedule these hearings.
You may not schedule back-to-back hearings to acquire a longer block of hearing time (e.g., scheduling two 15-minute hearings to acquire 30 minutes, etc.). If you schedule hearings improperly, the hearing(s) may be canceled, sanctions may be assessed, and you may be blocked from thc JACS system.
Miscellaneous Hearing Notes:
Except for cancellations, there can be no changes, additions, swapping or other alterations of the motion calendar. Attempts to accommodate such requests in the past have resulted in unnecessary confusion and inadequate notice to opposing counsel.
A party/attorney scheduling a hearing must concurrently notice the matter in conformance with the Florida Rules of Civil Procedure and ensure timely notice is served on all Pro Se parties and counsel of record in advance of the hearing. The original notice must be filed with the Clerk of Court in a timely manner. A hearing notice for a hearing that will be evidentiary in nature and involving presentation of evidence (affidavits, testimony, exhibits, etc.), should clearly indicate it is an evidentiary hearing on its face. 1t is strongly preferred that any such notice include not only the name of each receiving attorney and pro se party, but also addresses.
If you cancel a hearing, you are required to file a Notice of Cancellation. You also must immediately cancel it through JACS. If a party has cross-noticed said motion, however, you are required to notify the cross-noticing party prior to JACS cancellation and provide them the opportunity to maintain the previously reserved time if they wish to do so. You may not cancel a cross-noticed motion hearing without written consent of the other parties/counsel.
Once a motion is scheduled through JACS, subsequent motions may not be "piggybacked" using the time reserved for the first motion, absent prior approval of the Court. This does not preclude an independent reservation of another timeslot during the same hearing period for a different motion on the same case, provided the timeslot is appropriate in length of time for the motion.
Generally, each attorney/party with a stake in the outcome of a motion scheduled to be heard, will be entitled to a proportionate share of the reserved hearing time.
Emergency hearings must be requested in writing. Describe the nature of the emergency and estimate the hearing time needed. Do not argue your motion in the letter. The judicial assistant will contact the attorneys' office to schedule these hearings.
Hearings via telephone are permitted if the hearing is scheduled for 30 minutes or less. See: Fla. R. Jud. Admin 2.530. If the hearing is scheduled for more than 30 minutes, no telephone appearances are permitted. All phone hearings must be set up through CourtCall at least eight business days in advance of the hearing. CourtCall can be contacted at 888-882-6878 or www.courtcall.com . If someone is planning to attend a hearing by phone, the hearing must be scheduled and designated as a phone hearing on JACS and noticed accordingly.
When selecting the amount of time you need for a hearing, be sure to include opposing counsel's time to respond. Choose the amount of time that accurately fits what you will need. Do not take a 30 minute block if it can be completed in 20 minutes and vice versa. If you settled an issue relating to a motion that is scheduled, please cancel it from JACS as soon as possible in order to allow others to use the timeslot.
ORDERS PRESENTED AFTER HEARINGS.
1) Be prepared at the hearing with a proposed order, appropriate copies and envelopes.
2) If you do not have a proposed order at the time of the hearing, you should:
A) Consult with opposing counsel and work out an acceptable order on blank forms provided by the Court.
B) Mail a stipulated order after the hearing stating in your cover letter that opposing counsel has reviewed the order presented and has no objection thereto.
If there are objections to the proposed order, please advise the Court in the cover letter at the time the proposed order is submitted. Be sure to copy opposing counsel with any proposed order and cover letter sent to the Court.
If you haven't received your confirmed copy yet, call the clerk's office before you call the judge's office.
TRIAL DOCKETS
For case scheduling, and in an effort to assign trial dates more quickly, jury and non-jury trials are combined on the same docket. When filing a Notice of Trial, the moving party is required to send in addressed stamped envelopes for all parties of record.
Two things happen when you file notice that your case is ready for trial:
1) A photocopy of the notice is sent from the clerk's office to the Judge's office along with the addressed stamped envelopes which were provided.
2) An Order of Mediation or Non-Binding Arbitration will be mailed to the parties. Please note: Your case will not be placed on a trial calendar unless you have completed the mediation or arbitration as ordered by the Court. Once you have completed same, please file your Notice of lmpasse or your Motion for Trial DeNovo (copying the judge's office). You will be contacted from the Judge's office to schedule and coordinate a pretrial conference and/or case management.
Our office cannot possibly call all the lawyers on a trial docket to check the status of each case prior to trial. It is the responsibility of the lawyers to keep the judge's office informed. PLEASE let us know when you have settled or otherwise disposed of your case. Please cancel your trial and hearing dates as well.
TELEPHONE
Telephone hours are from 8:30 a.m. to 4:30 p.m. Due to the high volume of phone calls the civil division receives, you will unlikely reach the judicial assistant in person. Therefore, when calling and receiving voice mail, please leave your name and a brief message. Your phone call will be returned. It is not necessary for the JA to call back to confirm that your message was received. Calls of that nature are not returned.
WRITTEN MOTION POLICY
There is no written motion policy. Written memoranda on lengthy or complex motions are appreciated, but not necessary. They must be submitted at least seven days prior to the hearing to be considered. Opposing counsel should also received copies or written memorandum at the same time the Court is copied.
EXCEPTIONS
A) Motions for Rehearing and for New Trial must be submitted in writing. Judge Pivacek will then decide whether a hearing or new trial will be granted. Please send a courtesy copy of the Motion DIRECTLY to the Judge's chambers. Motions filed with the clerk will not be seen by the Court. The Clerk does not forward Motions to the Judge's office.
B) Motions to Advance on Trial Docket pursuant to statutes, rules of procedure or caselaw are also reviewed without hearing. Simply submit your motion with a cover letter and you will receive notice of the Judges' decision.
MISCELLANEOUS
Please send a letter of transmittal with all pleadings sent to our office. You know what you want, however we can only guess when an unexplained pleading comes in a month or so after the proceeding to which it relates. In most cases, the unexplained pleading will receive no action or be discarded.
SCHEDULE WITH MAGISTRATE
Please schedule ALL OF THE following Motions with the Magistrate via JACS. Discovery; Withdraw as Counsel; Sever; Orders to Show Cause; Transfer Venue; Vacate Default; Leave to File Amend; Dismiss and Strike Affirmative Defense.
Thank you for your cooperation
Other People Who Can Help
Judicial Assistant
Jodi Pedrotty - 239-252-2783
Court Administration
239-252-8800
Bailiff Corporal Tom Corniola (239) 252-8129 (to Coordinate courtroom set-up for trial/visual aids)
Order of Referral to the Magistrate
Order of Referral to Magistrate Please do NOT send copies or envelopes for Orders of Referrals unless there are pro se parties. Florida Bar Members MUST INCLUDE e-mail addresses on the service list.
Agreed Case Management Plan and Order www.ca.cjis20.org/pdf/casemanagementplan.doc
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Senior Foreclosure Judge
SCHEDULING HEARINGS
Collier County Courthouse
Clerk of Courts 3315 Tamiami Trail East
Naples, FL 34112
(239) 252-2603
fax (239) 252-8870
OFFICE POLICIES AND PROCEDURES
As of July 1, 2012 this calendar will be used by the Senior Judge covering Foreclosure cases.
Please check back the web site frequently as changes are being made daily to the Judge's instructions.
PLEASE USE THE 5 MINUTE TIMESLOTS FOR SETTING UNCONTESTED MOTIONS FOR SUMMARY JUDGMENTS ONLY. IF A CONTESTED SUMMARY JUDGMENT NEEDING MORE THAN 5 MINUTES OF HEARING TIME IS SCHEDULED BY AN ATTORNEY ON THIS DOCKET, THE MATTER WILL BE CANCELLED BY THE JUDICIAL ASSISTANT PRIOR TO THE HEARING OR BY THE JUDGE IN OPEN COURT AT THE HEARING.
All other motions in foreclosure cases (with the exception of summary judgments, default judgments and deficiency judgments) should be scheduled through the Judicial Calendaring System ("JACS") with Magistrate Maria Dente for an odd numbered case or Magistrate Amy W. Ellis for an even numbered case.
The Senior Judge will only hear motions in foreclosure cases when a written objection to the Magistrate has been filed.
Additional timeslots are available for all other hearings. Hearing time is available in 10, 15 and 30 minute slots staggered at different times throughout the day. For hearings requiring more than thirty (30) minutes please refer to the assigned Judge's JACS Instructions.
For scheduling questions, please contact Debbie at (239) 252-2603. For any questions pertaining to the Judge's procedures please go the assigned Judge's JACS instructions.
All cancellations for Summary Judgment hearings are to be emailed to mforeclosures@ca.cjis20.org. Include the reason for cancelling, your case number and style with the date and time of the hearing.
If you CANCEL a hearing, you are required to file a Notice of Cancellation. If you are cancelling your hearing two (2) working days before the hearing date you can go to JACS and cancel on-line by following the instructions. If you are cancelling less than two (2) working days please, email your request to mforeclosures@ca.cjis20.org. Include the reason for cancelling, our case number and style with date and time of hearing and what party you represent. You do not need to attach the Notice of Cancellation (just send the original to the Clerk of Courts).
FOR REQUESTS TO CANCEL A FORECLOSURE SALE:
PLEASE REFER TO THESE INSTRUCTIONS.
All Hearings before the Senior Foreclosure Judge will be in person.
TELEPHONE
Telephone hours are from 8:30 a.m. to 4:30 p.m. Due to the high volume of phone calls received, you will at times not reach the assistant in person. Therefore, when calling and receiving voice mail, please leave your name and a brief message. Your phone call will be returned. It is not necessary to call back to confirm that your message was received. Calls of that nature are not returned.
Thank you for your cooperation.
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Select Judge
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Magistrate Amy W. Ellis
SCHEDULING HEARINGS
Collier County Courthouse
3315 Tamiami Trail East, Suite 509
Naples, FL 34112
Telephone (239) 252-8331 Fax (239) 252-8870
Shea, Administrative Assistant
Please schedule all Foreclosure DISCOVERY Motions on JACS. Schedule ALL of the following Motions with the Magistrate: Discovery, Withdraw as Counsel, Sever, Order to Show Cause, Transfer Venue, Vacate Default, Leave to Amend, Dismiss and Strike Affirmative Defense and any other Motion(s) that the presiding Judge refers. All Motions heard before the Magistrate MUST have an Order of Referral
Quick Downloads
If you are appearing by Phone, you must contact CourtCall at 888-882-6878 or www.courtcall.com.
Office Policies and Procedures
SCHEDULING HEARINGS: All hearings 1 hour or less are to be scheduled through the Judicial Automated Calendaring System ("JACS").
Hearings over 1 hour must be requested in writing and approved by the Magistrate before hearing time will be scheduled. The administrative assistant will contact the attorney's office to schedule these hearings.
You may not schedule back-to-back hearings to acquire a longer block of hearing time (e.g., scheduling two 15-minute hearings to acquire 30 minutes, etc.). If you schedule hearings improperly, the hearing(s) may be canceled, sanctions may be assessed, and you may be blocked from thc JACS system.
Miscellaneous Hearing Notes:
Except for cancellations, there can be no changes, additions, swapping or other alterations of the motion calendar. Attempts to accommodate such requests in the past have resulted in unnecessary confusion and inadequate notice to opposing counsel.
A party/attorney scheduling a hearing must concurrently notice the matter in conformance with the Florida Rules of Civil Procedure and ensure timely notice is served on all pro se parties and counsel of record in advance of the hearing. The original notice must be timely filed with the Clerk of Court. A hearing notice for all hearings that will be evidentiary in nature and involving presentation of evidence (affidavits, testimony, exhibits, etc.) should clearly indicate it is an evidentiary hearing on its face. The setting party/attorney is responsible for preparing and filing the Order of Referral pursuant to Rule 1.490, FL Civil Rules of Court (also can be found at)
Order of Referral Please do NOT send copies or envelopes for Orders of Referrals unless there are pro se parties. Florida Bar Members MUST INCLUDE e-mail addresses on the service list.
If you CANCEL a hearing, you are required to file a Notice of Cancellation. You also must immediately cancel it through JACS. If a party has cross-noticed said motion, however, you are required to notify the cross noticing party prior to JACS cancellation and provide them the opportunity to maintain the previously reserved time if they wish to do so. You may not cancel a cross noticed motion hearing without written consent of the other parties/counsel.
Once a motion is scheduled through JACS,
subsequent motions may not be "piggybacked" using the time reserved for the first motion absent prior approval of the Court. This does not preclude an independent reservation of another timeslot during the same hearing period for a different motion on the same case, provided the timeslot is appropriate in length of time for the motion.
Generally, each attorney/party with a stake in the outcome of a motion scheduled to be heard will be entitled to a proportionate share of the reserved hearing time.
If you need 30 minutes, ask for 30 minutes. Please don't say, "Can I get in sooner if I only ask for 15 minutes?" You can't squeeze 30 minutes of argument in a 15 minute slot. You know it, and we know it. The Magistrate will limit the length of the hearing to the time requested. If you don't finish in time, the motion will have to be rescheduled. When estimating necessary hearing time, remember to include opposing counsel's time!
Emergency Hearings
Emergency hearings must be requested in writing to the Judge, deemed an emergency and referred to the Magistrate by an Order of Referral. Describe the nature of the emergency and estimate the hearing time needed. Do not argue your motion in the letter. The administrative assistant will contact the attorney's office to schedule these hearings.
Hearings via telephone
Hearings via Telephone are permitted if the hearing is scheduled for 15 minutes or less and is a non-evidentiary hearing. See: Fla.R.Jud.Admin 2.530(c). If the hearing is scheduled for more than 15 minutes, no telephone appearances are permitted. All phone hearings must be setup through CourtCall at least seven business days in advance of the hearing. CourtCall can be contacted at 888-882-6878 or www.courtcall.com. If someone is planning to attend a hearing by phone, the hearing must be scheduled and designated as a phone hearing on JACS and noticed accordingly.
All such notices should include the name and addresses of each receiving attorney and/or pro se party.
RECOMMENDED ORDER PRESENTED AFTER HEARINGS
a. The Magistrate will advise who is to prepare the Report and Recommendations of the Magistrate and Order Adopting the Report and Recommendations at the time of the hearings. Please submit two(2) sets of self addressed stamped envelopes.
b. If you do not have a form proposed order, you may download the draft report using the link below or may request one by faxing the Magistrates office: 239-252-8870, reference the case number and your e-mail address. The forms will be e-mailed to you.
Link to Draft Report for Magistrate Ellis
c. Be sure to copy opposing Counsel with any proposed order and cover letter sent to the court.
- Once the Magistrate signs the Report and Recommendations, it will be mailed to all parties.
- Once the exception period expires (10 days plus 5 days mailing) the file will be reviewed for any exceptions and sent to the Judge. (Please do NOT send the Order adopting directly to the Judge.) If there are no exceptions, the Judge will review the order and proceed accordingly.
- EXCEPTIONS MUST be filed with the Clerk of Court. If an exception to the Recommendation of the Magistrate is filed, please contact the Judge's office for direction.
Motion for Rehearing or Reconsideration must be submitted in writing. The presiding judge will then decide whether to refer back to the Magistrate.
If you haven't received your conformed copy yet, call the Clerk's office before you call the Magistrates' office.
TELEPHONE
Telephone hours are from 8:00 a.m. to 5:00 p.m. Due to the high volume of phone calls the Civil and Family divisions received, you will at times not reach the assistant in person. Therefore, when calling and receiving voice mail, please leave your name and a brief message. Your phone call will be returned. It is not necessary to call back to confirm that your message was received. Calls of that nature are not returned.
WRITTEN MOTION POLICY
There is no written motion policy. Written memoranda on lengthy or complex motions are appreciated but not necessary. They must be submitted at least seven (7) days prior to the hearing to be considered. Opposing Counsel should also receive copies or written memorandum at the same time the Court is copied.
Please send a letter of transmittal with all pleadings sent to our office. You know what you want - we can only guess when an unexplained pleading comes in a month or so after the proceeding to which it relates. In most cases, the unexplained pleading will receive no action.
FORECLOSURE SUMMARY JUDGMENTS hearings are NOT before the Magistrate. No Order of Referral is needed for FORECLOSURE SUMMARY JUDGMENTS in Collier County.
Thank you for your cooperation.
Administrative Assistant.................Shea Codrington (239) 252-8331
Order of Referral to the Magistrate
Order of Referral Please do NOT send copies or envelopes for Orders of Referrals unless there are pro se parties. Florida Bar Members MUST INCLUDE e-mail addresses on the service list.
Agreed Case Management Plan and Order www.ca.cjis20.org/pdf/casemanagementplan.doc
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Select Judge
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Magistrate Maria Dente
SCHEDULING HEARINGS
Collier County Courthouse
3315 Tamiami Trail East, Suite 509
Naples, FL 34112
Telephone (239) 252-8670 Fax (239) 252-8870
Sherry Lucas, Administrative Assistant
Please schedule all Foreclosure DISCOVERY Motions on JACS. Schedule ALL of the following Motions with the Magistrate: Discovery, Withdraw as Counsel, Sever, Order to Show Cause, Transfer Venue, Vacate Default, Leave to Amend, Dismiss and Strike Affirmative Defense and any other Motion(s) that the presiding Judge refers. All Motions heard before the Magistrate MUST have an Order of Referral
Quick Downloads
If you are appearing by Phone, you must contact CourtCall at 888-882-6878 or www.courtcall.com.
Office Policies and Procedures
SCHEDULING HEARINGS: All hearings 1 hour or less are to be scheduled through the Judicial Automated Calendaring System ("JACS").
Hearings over 1 hour must be requested in writing and approved by the Magistrate before hearing time will be scheduled. The administrative assistant will contact the attorney's office to schedule these hearings.
You may not schedule back-to-back hearings to acquire a longer block of hearing time (e.g., scheduling two 15-minute hearings to acquire 30 minutes, etc.). If you schedule hearings improperly, the hearing(s) may be canceled, sanctions may be assessed, and you may be blocked from thc JACS system.
Miscellaneous Hearing Notes:
Except for cancellations, there can be no changes, additions, swapping or other alterations of the motion calendar. Attempts to accommodate such requests in the past have resulted in unnecessary confusion and inadequate notice to opposing counsel.
A party/attorney scheduling a hearing must concurrently notice the matter in conformance with the Florida Rules of Civil Procedure and ensure timely notice is served on all pro se parties and counsel of record in advance of the hearing. The original notice must be timely filed with the Clerk of Court. A hearing notice for all hearings that will be evidentiary in nature and involving presentation of evidence (affidavits, testimony, exhibits, etc.) should clearly indicate it is an evidentiary hearing on its face. The setting party/attorney is responsible for preparing and filing the Order of Referral pursuant to Rule 1.490, FL Civil Rules of Court (also can be found at)
Order of Referral to Magistrate Please do NOT send copies or envelopes for Orders of Referrals unless there are pro se parties. Florida Bar Members MUST INCLUDE e-mail addresses on the service list.
If you CANCEL a hearing, you are required to file a Notice of Cancellation. You also must immediately cancel it through JACS. If a party has cross-noticed said motion, however, you are required to notify the cross noticing party prior to JACS cancellation and provide them the opportunity to maintain the previously reserved time if they wish to do so. You may not cancel a cross noticed motion hearing without written consent of the other parties/counsel.
Once a motion is scheduled through JACS,
subsequent motions may not be "piggybacked" using the time reserved for the first motion absent prior approval of the Court. This does not preclude an independent reservation of another timeslot during the same hearing period for a different motion on the same case, provided the timeslot is appropriate in length of time for the motion.
Generally, each attorney/party with a stake in the outcome of a motion scheduled to be heard will be entitled to a proportionate share of the reserved hearing time.
If you need 30 minutes, ask for 30 minutes. Please don't say, "Can I get in sooner if I only ask for 15 minutes?" You can't squeeze 30 minutes of argument in a 15 minute slot. You know it, and we know it. The Magistrate will limit the length of the hearing to the time requested. If you don't finish in time, the motion will have to be rescheduled. When estimating necessary hearing time, remember to include opposing counsel's time!
Emergency Hearings
Emergency hearings must be requested in writing to the Judge, deemed an emergency and referred to the Magistrate by an Order of Referral. Describe the nature of the emergency and estimate the hearing time needed. Do not argue your motion in the letter. The administrative assistant will contact the attorney's office to schedule these hearings.
Hearings Via Telephone
Hearings via Telephone are permitted if the hearing is scheduled for 15 minutes or less and is a non-evidentiary hearing. See: Fla.R.Jud.Admin 2.530(c). If the hearing is scheduled for more than 15 minutes, no telephone appearances are permitted. All phone hearings must be setup through CourtCall at least seven business days in advance of the hearing. CourtCall can be contacted at 888-882-6878 or www.courtcall.com. If someone is planning to attend a hearing by phone, the hearing must be scheduled and designated as a phone hearing on JACS and noticed accordingly.
All such notices should include the name and addresses of each receiving attorney and/or pro se party.
RECOMMENDED ORDER PRESENTED AFTER HEARINGS
a. The Magistrate will advise who is to prepare the Report and Recommendations of the Magistrate and Order Adopting the Report and Recommendations at the time of the hearings. Please submit two(2) sets of self addressed stamped envelopes.
b. If you do not have a form proposed order, you may download the draft report using the link below or may request one by faxing the Magistrates office: 239-252-8870, reference the case number and your e-mail address. The forms will be e-mailed to you.
Link to Draft Report for Magistrate Dente
c. Be sure to copy opposing Counsel with any proposed order and cover letter sent to the court.
- Once the Magistrate signs the Report and Recommendations, it will be mailed to all parties.
- Once the exception period expires (10 days plus 5 days mailing) the file will be reviewed for any exceptions and sent to the Judge. (Please do NOT send the Order adopting directly to the Judge.) If there are no exceptions, the Judge will review the order and proceed accordingly.
- EXCEPTIONS
MUST be filed with the Clerk of Court. If an exception to the Recommendation of the Magistrate is filed, please contact the Judge's office for direction.
Motion for Rehearing or Reconsideration must be submitted in writing. The presiding judge will then decide whether to refer back to the Magistrate.
If you haven't received your conformed copy yet, call the Clerk's office before you call the Magistrates' office.
TELEPHONE
Telephone hours are from 8:00 a.m. to 5:00 p.m. Due to the high volume of phone calls the Civil and Family divisions received, you will at times not reach the assistant in person. Therefore, when calling and receiving voice mail, please leave your name and a brief message. Your phone call will be returned. It is not necessary to call back to confirm that your message was received. Calls of that nature are not returned.
WRITTEN MOTION POLICY
There is no written motion policy. Written memoranda on lengthy or complex motions are appreciated but not necessary. They must be submitted at least seven (7) days prior to the hearing to be considered. Opposing Counsel should also receive copies or written memorandum at the same time the Court is copied.
Please send a letter of transmittal with all pleadings sent to our office. You know what you want - we can only guess when an unexplained pleading comes in a month or so after the proceeding to which it relates. In most cases, the unexplained pleading will receive no action.
FORECLOSURE SUMMARY JUDGMENTS hearings are NOT before the Magistrate. No Order of Referral is needed for FORECLOSURE SUMMARY JUDGMENTS in Collier County.
Thank you for your cooperation.
Administrative Assistant.................Sherry Lucas (239) 252-8670
Order of Referral to the Magistrate
Order of Referral to Magistrate Please do NOT send copies or envelopes for Orders of Referrals unless there are pro se parties. Florida Bar Members MUST INCLUDE e-mail addresses on the service list.
Agreed Case Management Plan and Order www.ca.cjis20.org/pdf/casemanagementplan.doc
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COLLIER COUNTY
CHILD SUPPORT ENFORCEMENT HEARING OFFICER
OFFICE POLICIES AND PROCEDURES
Collier County Courthouse
3315 Tamiami Trail E
Naples, FL 34112
Katie Valdez, Administrative Assistant
(239) 533-3322
The Child Support Enforcement Hearing Officer presides pursuant to Florida Family Rules of Procedure 12.491
SCHEDULING HEARINGS (Collier County)
These timeslots will be in 10, 20 and 30 minute increments. If you need 30 minutes, please reserve for 30 minutes. Please don't schedule 10 or 20 minutes. The Hearing Officer will limit the length of the hearing to the time requested. If the hearing is not finished in time, the motion will have to be rescheduled. When estimating necessary hearing time, remember to include opposing counsel's time! Please request in writing to the Court for any requests of hearing time over 30 minutes.
If you are representing yourself and would like to request a hearing involving the Department of Revenue (Child Support) please file your written request with the Clerk of Court. If you have any questions please contact 239-252-2603.
Miscellaneous Hearing Notes:
Except for cancellations, there can be no changes, additions, swapping, or other alterations of the motion calendar. Attempts to accommodate such requests in the past have resulted in unnecessary confusion and inadequate notice to opposing counsel.
A party/attorney scheduling a hearing must concurrently notice the matter in conformance with the Florida Rules of Civil Procedure and ensure timely notice is served on all self -represented party or counsel of record in advance of the hearing. The original notice must be timely filed with the Clerk of Court. NO courtesy copies need to be sent to the Hearing Officer. The setting party/attorney is responsible for preparing and filing the Notice of Hearing.
If you CANCEL a hearing, you are required to file a Notice of Cancellation. If you are cancelling your hearing fourteen (14) working days before the hearing date you can go to JACS and cancel on-line by following the instructions provided. If you are cancelling with less than fourteen (14) working days, please immediately cancel the hearing by FAX'ing a Notice of Cancellation to (239) 252-8870, attention Child Support Enforcement Hearing Officer. Include the case number and style with date and time of hearing and indicate what party you represent (you can only cancel a hearing that was scheduled by you or your office). When cancelling hearings over 30 minutes (Special Set), you are required to write to the Court for approval or provide written proof that the issue is settled.
Once a motion is scheduled through JACS, subsequent motions may not be "piggybacked" using the time reserved for the first motion absent prior approval of the Court. This does not preclude the opposing party to reserve another timeslot during the same hearing period for a different motion on the same case, provided the timeslot is the appropriate in length of time for the motion.
Hearings via telephone
Hearings via telephone are permitted if the hearing is scheduled before the Hearing Officer. See Fla. R. Jud Admin 2.530(c). Please fax your written, signed request to 239-485-2757, to the attention of the CSHO. Your request must include the Petitioner and Respondent's name; your docket case number; the date and time of your hearing; the reason you cannot physically appear in court and are requesting a telephonic appearance and your daytime phone number. After your request is received, you will be called prior to your court date and provided the telephone number to the Collier County Administration Office. It will be your responsibility to call the Administration Office at your scheduled court time, for your telephonic hearing.
TELEPHONE
Telephone hours are from 8:30 a.m. to 5:00 p.m. Due to the high volume of phone calls received, you will at times not reach the assistant in person. Therefore, when calling and receiving voicemail, please leave your name and a brief message and your phone call will be returned. It is not necessary to call back to confirm that your message was received. Calls of that nature are not returned.
Thank you for your cooperation.
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