Local Rules, Administrative Orders, Divisional Instructions….Help!! What Do They All Mean? January 29, 2014 What is the difference between a local rule and an administrative order? Do I really have to follow them? • Local Rules: • • • A rule of practice or procedure of the circuit Approved by the Supreme Court Administrative Orders: • • Issued by the Chief Judge Directives necessary to properly administer the court’s affairs Administrative Order Series • • • • • • • Series Series Series Series Series Series Series 2 – All Divisions 3 – Civil 4 – Criminal 5 – Family & Juvenile 6 – Probate & Guardianship 10 – Traffic 11 – Internal Procedures How do I know if an Administrative Order has been updated or amended? Updated Administrative Orders Updated Administrative Orders Do I have to call ahead to the judge’s office to schedule an 8:45 Uniform Motion Calendar hearing (UMC)? 15th Circuit – Local Rule 4 Uniform Motion Calendar entered January 1991 Local Rule 4 Administrative Order 3.201 Administrative Order 5.201 • Circuit Civil UMC: M-Th 8:45-9:30 • Ten minute hearings (5 minutes/side) • Non evidentiary hearings • Courtesy Copy of Notice, Motion and Proposed Order(s) with Envelopes Opposing counsel failed to show for a properly noticed UMC hearing, what should I do? Local Rule 4 (6) Failure of any party to appear at the time set for the commencement of the calendar shall not prevent a party from proceeding with the hearing. If a party called for hearing chooses to wait for an absent party, the matter will be passed over but shall retain its position on that day's calendar. The Judge asked me to prepare a proposed order. Is there a special format that I have to use or are there specific procedures that I have to follow? Local Rule 3 Administrative Orders 2.306, 3.204 & 5.204 • • • The moving party must furnish the Court with: • correct number of copies of a proposed order or judgment and; • stamped addressed envelopes with sufficient postage (unless division e-serves). Proposed orders: • must be delivered, faxed or read to opposing counsel at least one day prior to submission • must be submitted within 10 working days. All orders: • Signature page must contain portion of the text. • Must list the name and address of all persons receiving copies I would like to move the Court for a rehearing. Can I set this motion to be heard on the Uniform Motion Calendar? Local Rule 6 Petitions for Rehearing • • • Petition is to be filed with the clerk of court. A copy of both the Petition and the order at issue is to be provided to the judge. The judge will either deny the petition or set it for oral argument. I have scheduled a deposition in a personal injury case with a witness who I know has a concealed weapon’s permit and who has previously threatened me. Can I take the deposition at the courthouse since there is screening? Administrative Order 2.107 Deposition Rooms • • • Main Judicial Center: Rooms on the 4th Floor are available on Tuesdays & Fridays and Thursday afternoons. South County: Rooms 2W-151 and 2W-152 are available on Mondays and Fridays. First come-First served. No reservations are accepted. 4th Floor Main Courthouse South County Courthouse Criminal, Dependency & Delinquency Depositions • Administrative Order 2.501 • Witness Management Office • Location: Fifth Floor central courthouse • Electronically Recorded Depositions Why do I have to include all this language about disability accommodations on my Summonses and Notices of Hearings? Rule of Judicial Administration 2.540 & Administrative Order 2.207 • All summonses and notices of hearings shall include the approved ADA language in bold 14 point font (times new roman or courier font). • Must include Spanish and Creole translations. • 7 days advance notice is required. • Translation is on the Circuit’s website. ADA Requests (party/witness with a disability) • The Court arranges and pays for: • • • • • ASL interpreters Real-time transcription Braille documents TTY phones ADA requests may be made by: • [email protected] • (561) 355-4380 If the court provides a sign language translator under the ADA, would the court then also provide a foreign language interpreter? • • Court Administration only provides foreign language translators in specific types of due process areas (such as in criminal matters or domestic violence cases). You are required to bring your own foreign language translator to proceedings in the civil division. I filed a Motion to Compel Discovery but was scolded by the judge for not contacting the opposing party. Why would I have to do this? Administrative Order 3.202 Motions to Compel Discovery Motions or Notice of Hearing on Motions to Compel Discovery must contain a certificate that: • • • opposing counsel was contacted an attempt to resolve the discovery dispute without a hearing was made. dispute could not be resolved. I called the judge’s office to try and schedule a hearing on my emergency motion but the JA said no. It will only take 5 minutes - why can’t the judge just hear the motion? Administrative Order 3.206/5.203 Emergency Matters in Civil/Family Requests for Emergency Hearings shall be decided by each judge on the Emergency Motion alone. Family cases: imminent risk of physical harm to child or child is about to be removed from jurisdiction. Am I permitted to hand deliver courtesy copies to the judge’s assistant? Judicial Mail (judges and clerk’ s office) • • • • No hand deliveries to judge Time stamp documents in and sign log at front desk Judicial Drop off box located through security by elevators No dropping off after 4:45 Hand Deliveries for Judges sign in, time stamp and drop off by 4:45 All mail must be searched & opened in the mail room There is information in a court filing that both sides agree the public should not see. Can we submit an agreed order to seal the file or the pleading? Rule of Judicial Administration 2.420 Public Access to Judicial Records • • • • Revised March 2010 Outlines procedure for determining confidentiality of court records “Notice of Confidential Information within Court Filing” Oral Arguments held Sept. 2012 regarding changes Administrative Order 2.303 • • Procedure for requesting sealing of files or proceedings not addressed in Rule of Judicial Administration. Press and public have right to notice and to be heard on the sealing. What is the Difference Between E-Service and E-Filing Rule of Judicial Administration 2.516 Service of Pleadings and Documents • • • • Effectively eliminated Rule 1.080 (it now simply states to refer to 2.516) Email service only for attorneys in civil, family, probate, appeals effective September 1, 2012. Optional for the Court to serve by email Rule lists requirements as how the document is to be attached and what information is needed in email. Rule of Judicial Administration 2.525 E-Filing of Pleadings and Documents • • • Effective April 1, 2013 filings will be made electronically through the Clerk’s Portal for civil and family. https://www.myflcourtaccess.com/ The electronic filing of the document will NOT serve the document. I tried to efile a document with the clerk’s portal but I got back a message stating that the document was put into the queue. What does that mean? Administrative Order 2.312 Electronic Filing of Documents • • • • • original documents affidavits returns of service verified documents non conforming documents I am switching law firms and taking some active litigation files with me. Do I need to notify anyone at the courthouse about my new business address and phone number? Notice of Change of Address • • • Administrative Order 2.311 File a Notice of Change of Address in each case you are taking with you. Have your old firm file a notice of change of attorney in the cases that are remaining with the firm. How Should I Title a Motion or Proposed Order • Include Name of Party • Include Description of Motion/Order • Do Not Simply state “Motion” or “Agreed Order” or “Order” Examples: • • Plaintiff, John Smith’s, Motion for Leave to File Second Amended Complaint Order Granting Plaintiff, Peter Jones’, Motion to Strike Third Affirmative Defense Why do I receive notices of lack of prosecution or lack of service from the court in some cases but not in others? Case Management Project • 1.070 (j) – Lack of Service • 1.420 (e) – Lack of Prosecution Closure of Cases • • • • Rule 1.100(c)(3) & Form 1.998 – Final Disposition Form administratively closes the file and removes from court’s pending caseload File form 1.998 with Clerk after filing Voluntary Dismissal or Final Judgment. Stipulation for Dismissal - File form 1.998 so long as ALL parties have signed. Some type of final order or dismissal must be filed in order for case to be closed. Form 1.998 – FINAL DISPOSITION FORM DIVISIONAL INSTRUCTIONS Divisional Instructions are specific to a judge: • Procedures to be followed when requesting a telephonic appearance • UMC Paperwork • Requests to set a special set hearing • Participation in E-Service I need some audio/visual equipment for a special set hearing and then for a trial. Do I have to get an outside vendor or is the equipment available for rent at the courthouse? TV/DVD rental $30 a day Elmo/Projector $100 a day (includes screen) Screen only $30 a day View Box (for x-rays) $30 a day Deposit Required equal to one day rental Is there a place within the courthouse where I can work between hearings? Law Library Membership • Attorney room located inside law library • Dedicated computer & free Westlaw • Reduced cost for Westlaw case printing ($.15/page) • Free faxes (incoming and local outgoing) • Free e-mail delivery/printing ($.15/page) • Free TV/DVD rental • 50% off courtroom equipment rental fees • Annual cost $120.00 (only $60 for additional attorneys in the same firm) Questions??