20th Circuit Florida: Judicial Automated Calendaring System

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Lee County | Charlotte County | Collier County

Lee County | Charlotte County | Collier County

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Motion guidelines

If you are requesting hearing times for a Foreclosure case; please refer to the below information for Lee county:

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)
To schedule a hearing for all other foreclosure motions, please contact the judicial assistant to the judge assigned to the case.

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_20.pdf.

Select Judge

Judge Fuller

Judge Keith Kyle

Judge McHugh

Judge J Frank Porter

Judge Winesett

Magistrate Crongeyer

Judge Fuller Monday Motion Guidelines

DISCOVERY MOTIONS:
Please note: All Discovery matters are being referred to the Magistrate for hearing. For hearing time please contact Lily in Magistrate Crongeyer's office at 239-533-2583.

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.

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 J Frank Porter, 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.

Lee County | Charlotte County | Collier County

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Important Logon Information

For first time users and for more detailed login and help information, please select the following link:

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Select Judge

Senior Judge

Judge Alessandroni

Judge Richards

Judge Schreiber

General Magistrate

General Rules

Senior Judge

All Civil Motions: All civil motions may now be scheduled before the Senior Judge. Any civil motion of any case type (including foreclosures) may be scheduled on this calendar.

The scheduling of civil dockets before the Senior Judge may vary, but are typically scheduled on Tuesdays and Thursdays three to five days each month. Check the available timeslots on JACS for confirmation.

Any motion requiring hearing time of fifteen (15) minutes or less may be scheduled through JACS. Any hearings requiring thirty (30) minutes or more must be coordinated with the Civil Case Manager at (941) 637-2207.

Summary Judgment Dockets: A number of dockets each month are specifically available for uncontested summary judgment motions requiring hearing time of five (5) minutes or less. Motions for summary judgment, default final judgment, and entry of default may be scheduled on these dockets. Motions may be of any case type (including foreclosures.)

Civil Motion Dockets: Additional dockets are available for all other hearings. Hearing time is available in 5, 10, and 15 minute slots staggered at different times throughout the day. Any civil motions may be scheduled on these dockets.

Magistrate: All civil motions may also be scheduled before the Magistrate with the consent of the parties. The date and time of any hearing must be coordinated with the Office of the Magistrate before scheduling and an Order of Referral to Magistrate must be provided by the parties to the presiding civil judge. See the Magistrate tab for more information.

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.

Select Judge

Senior Judge

Judge Alessandroni

Judge Richards

Judge Schreiber

General Magistrate

General Rules

Judge Richards

Lisa Godwin is Judge Richards' Judical Assistant at (941) 637-2375

Fax to: (941) 637-2358

SCHEDULING HEARINGS

Charlotte County Justice Center

SCHEDULING HEARINGS:

All hearings 30 minutes or less in length, must be scheduled through the Judicial Automated Calendaring System ("JACS").

Hearings over 30 minutes must be requested in writing and approved by Judge Richards before hearing time will be scheduled. The judicial assistant will contact the attorneys' office to coordinate 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 the hearing is scheduled improperly it may be cancelled.

Miscellaneous Hearing Notes:

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.

SENIOR JUDGE

All civil motions may now be scheduled before the Senior Judge. Any civil motion of any case type (including foreclosures) may be scheduled on this calendar. See the Senior Judge tab for more information.

MAGISTRATE

All civil motions may also be scheduled before the Magistrate with the consent of the parties. The date and time of any hearing must be coordinated with the Office of the Magistrate before scheduling. An Order of Referral to Magistrate must be provided by the parties to Judge Richards with the coordinated date and time indicated on the order. See the Magistrate tab for more information.

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.

TELEPHONIC HEARINGS

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. All telephonic hearings are set via CourtCall. The motion and order must state the type of hearing desired, length of time desired, date and time desired, contain no evidentiary material and MUST state that the hearing will be held via Courtcall. Hearing requests will be for no more than 15 minutes. Summary Judgments for Foreclosure may not be heard telephonically.

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 telephone hearings via CourtCall at (888) 882-6878 at least three business days prior to the hearing.

If the hearing and order is not received and approved and CourtCall coordination is not made at least three business days prior to the requested hearing date, all parties will be required to appear in person.

The requesting parties will not designate a hearing in JACS as telephonic. Only the judicial assistant will make this designation.

Any hearings scheduled that are not in compliance with these requirements will be cancelled by the judicial assistant.

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 mail a stipulated/agreed 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. Judge Richards Trial Order is available on JACS (see below) and should be used. 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 Richards 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.

FORMS

All forms and orders are available for download at: http://www.ca.cjis20.org/home/charlotte/charjudge.asp?Judge=richards&PgType=3.

Select Judge

Senior Judge

Judge Alessandroni

Judge Richards

Judge Schreiber

General Magistrate

General Rules

Judge Schreiber

Ellen Conderman is Judge Schreiber's Judical Assistant at (941) 833-3033

IMPORTANT NOTICE - PLEASE READ THE GENERAL RULES FROM THE LINK ON THIS WEB PAGE CAREFULLY BEFORE RESERVING TIME THROUGH JACS("Judicial Automated Calendaring System")

1. File your Motion(s) with the Clerk of the Court before securing hearing time.

2. If the Motion is being referred to the Magistrate's office you will need to contact our office for referral.

3. If there is an objection to the Magistrate after a referral order has been made, the process as outlined in the Florida Rules of Court, Rule 12.490, must be followed.

4. If your Motion is being set on the Judge's docket, counsel may view available timeslots on JACS and coordinate hearing time with the opposing party prior to calling the JA OR you may contact the JA for hearing time directly.

5. Once a time has been agreed upon the JA will schedule your Motion for Hearing on the JACS system.

PLEASE NOTE:

If you want hearing time to set a matter for Final Hearing or Trial, a Notice for Final Hearing or Notice for Trial must be submitted. The action will then be reviewed to ensure the matter is at issue for Final Hearing or Trial.

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).

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 and also contact the Judicial Assistant to have the hearing removed from JACS.

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. 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.

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:

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.

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.

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: 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.

Select Judge

Senior Judge

Judge Alessandroni

Judge Richards

Judge Schreiber

General Magistrate

General Rules

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_20.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:

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

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:

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.

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.

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:

Lee County | Charlotte County | Collier County

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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". Please omit any leading zeros when entering the bar number. 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 HelpDesk@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.

Select Judge

Judge Brodie

Judge Hardt

Judge Hayes

Judge Mañalich

Judge Pivacek

Senior Foreclosure

Judge

Magistrate Friedman

Magistrate Barger

Collier Hearing Officer

Judge Lauren L. Brodie

Collier County Courthouse
3315 Tamiami Trail East, Suite 203
Naples, FL 34112
Telephone (239) 252-8909 Fax (239) 252-8187

Office Policies and Procedures

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 Pamela Barger for an odd number case or Magistrate David Friedman for an even number case. Judge Brodie will hear only motions in foreclosure cases where a written objection to the Magistrate has been filed or if the motion is a Contested Summary Judgment.

PLEASE DO NOT SET ANY FORECLOSURE CASES/MATTERS ON JUDGE BRODIE'S "JACS" CALENDAR. If a written objection to the Magistrate has been filed or if the motion is a Contested Summary Judgment, you may contact the Judicial Assistant to schedule the matter for hearing.

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").

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:
1. Consult with opposing counsel and work out an acceptable order on blank forms provided by the Court.
2. 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, 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.
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. Your case will not be placed on a trial calendar unless you have completed the mediation or arbitration as ordered by the Court.

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 MOTION POLICY:
There is no written policy. Motion hearings may be scheduled on any motion. 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.

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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