Destin, Florida September 16-20th New Clerk Academy Destin, Florida September 16-20th

Overview Operations Unique by County The majority of cases filed in Circuit Civil are for matters in which the amount of damages exceeds $15,000. These lawsuits include property/mortgage foreclosures, professional malpractice, contract and indebtedness, negligence as well as others. The miscellaneous other cases are not the routine filings and are not necessarily greater than $15,0000. They include Construction lien, transfer of lien, possessory bond, motor vehicle repair act, out of state commission, delayed birth certificate and eminent domain. Identify the Clerk’s responsibilities for these case types Review the forms and calculations used in these type cases Overview

Objectives Provide an overview of the Clerk’s duties in three specific areas of processing within the Civil Division. Recommended checks and balances

Operations Unique by County Tracking Evidence Pre-marking before hearing Securing and Recording Pre-marking: Attys schedule with the Clerk to pre-lable evidence. Plaintiff and respondent/defendant get list prior to the hearing Sometimes judge orders a certain timeline for cut off of additional evidence Securing and Recording: Dual control Locked Clearly and properly identified Must be kept in appropriate storage – refrigeration etc… Must be kept in secure location during court proceeding Challenges…..nets, size, etc. Tires….. Exhibits vs Evidence – define difference

Operations Unique by County Handling Orders Certificate of Service Recording Review for Clerk Action Key points Handling orders- Certificate of service – You have to ensure that the date and sig are the exact date they are electronically sent or put in the mail to validate the date that the document physically left the office. In Citrus Staff knows to adjust the date according to the time the mail leaves the office. Cert of service have changed over the years….they are now being done electronically…and this information needs to be noted according to the service type. Discussion of Jeff Smith survey. Some certs are done by Judicial, some are by Clerk’s office and some are governed by AO. Recording: Some orders are recorded…some are not. Some Clerk’s collect $10.50 at time of filing…some at the Judgment. Practices within our office which assist in facilitating the processing of the document/judgement/order etc……. Review for Clerk action: Clerk must read through the order to ensure appropriate action is taken re: disbursements, future actions within certain timelines…etc.

Operations Unique by County Processing by Clerk Release funds from Court Registry Process Writ Complete Default Set reminder/case tasks for further action Releasing funds from Court Registry: Interest – interpretation of Statute- if Judge orders….. Timeline – Clerk’s response to order Case tasks reminder – “tickler’s” in system assist in forward processing as needed….do not want call from the Atty. Process Writ: A lot are on Foreclosure evictions/ we are the pass through – they are enforceable and served by the Sheriff Are done with no funding to the Clerk If a Writ is being served on a foreclosure, and they claim the tenant claims they have not been given 90 day notice, they can ask for an hearing and the judge can stay the Writ and the SO is stopped from further action-this changed in 2010 2013 statutory change – service is within 24 hours not excluding holidays and weekends Complete default: If default is entered – party has no further option to enter pleadings Best practice-we send parties copy of the default to ensure that they know they have been defaulted Time consuming – routing is different from to Clerk Validation of information very important Dual control for checks and balances Judicial Note- Waiting for an answer – set reminder for review – list can be produced for review—notice of sale – proof of pub….this is where Technology makes the difference