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: Local Rules: A rule of practice or procedure of the circuit A rule of practice or procedure of the circuit Approved by the Supreme Court Approved by the Supreme Court Administrative Orders: Administrative Orders: Issued by the Chief Judge Issued by the Chief Judge Directives necessary to properly administer the court’s affairs Directives necessary to properly administer the court’s affairs

Administrative Order Series Series 2 – All Divisions Series 2 – All Divisions Series 3 – Civil Series 3 – Civil Series 4 – Criminal Series 4 – Criminal Series 5 – Family & Juvenile Series 5 – Family & Juvenile Series 6 – Probate & Guardianship Series 6 – Probate & Guardianship Series 10 – Traffic Series 10 – Traffic Series 11 – Internal Procedures Series 11 – Internal Procedures

How do I know if an Administrative Order has been updated or amended?

Updated Administrative Orders

Do I have to call ahead to the judge’s office to schedule an 8:45 Uniform Motion Calendar hearing (UMC)?

15 th Circuit – Local Rule 4 Uniform Motion Calendar entered January 1991

Local Rule 4 Administrative Order Administrative Order 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, & The moving party must furnish the Court with: The moving party must furnish the Court with: correct number of copies of a proposed order or judgment and; correct number of copies of a proposed order or judgment and; stamped addressed envelopes with sufficient postage (unless division e-serves). stamped addressed envelopes with sufficient postage (unless division e-serves). Proposed orders: Proposed orders: must be delivered, faxed or read to opposing counsel at least one day prior to subm ission must be delivered, faxed or read to opposing counsel at least one day prior to subm ission must be submitted within 10 working days. must be submitted within 10 working days. All orders: All orders: Signature page must contain portion of the text. Signature page must contain portion of the text. Must list the name and address of all persons receiving copies 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 Deposition Rooms Main Judicial Center: Rooms on the 4 th Floor are available on Tuesdays & Fridays and Thursday afternoons. Main Judicial Center: Rooms on the 4 th Floor are available on Tuesdays & Fridays and Thursday afternoons. South County: Rooms 2W-151 and 2W-152 are available on Mondays and Fridays. South County: Rooms 2W-151 and 2W-152 are available on Mondays and Fridays. First come-First served. No reservations are accepted. First come-First served. No reservations are accepted.

4 th Floor Main Courthouse

South County Courthouse

Criminal, Dependency & Delinquency Depositions Administrative Order Administrative Order Witness Management Office Witness Management Office Location: Fifth Floor central courthouse Location: Fifth Floor central courthouse Electronically Recorded Depositions 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 & Administrative Order All summonses and notices of hearings shall include the approved ADA language in bold 14 point font (times new roman or courier font). 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. Must include Spanish and Creole translations. 7 days advance notice is required. 7 days advance notice is required. Translation is on the Circuit’s website. Translation is on the Circuit’s website.

ADA Requests (party/witness with a disability) The Court arranges and pays for: The Court arranges and pays for: ASL interpreters ASL interpreters Real-time transcription Real-time transcription Braille documents Braille documents TTY phones TTY phones ADA requests may be made by: ADA requests may be made by: (561) (561)

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). 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. 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 Motions to Compel Discovery Motions or Notice of Hearing on Motions to Compel Discovery must contain a certificate that: Motions or Notice of Hearing on Motions to Compel Discovery must contain a certificate that: opposing counsel was contacted opposing counsel was contacted an attempt to resolve the discovery dispute without a hearing was made. an attempt to resolve the discovery dispute without a hearing was made. dispute could not be resolved. 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 No hand deliveries to judge Time stamp documents in and sign log at front desk Time stamp documents in and sign log at front desk Judicial Drop off box located through security by elevators Judicial Drop off box located through security by elevators No dropping off after 4:45 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 Public Access to Judicial Records Revised March 2010 Revised March 2010 Outlines procedure for determining confidentiality of court records Outlines procedure for determining confidentiality of court records “Notice of Confidential Information within Court Filing” “Notice of Confidential Information within Court Filing” Oral Arguments held Sept regarding changes Oral Arguments held Sept regarding changes

Administrative Order Procedure for requesting sealing of files or proceedings not addressed in Rule of Judicial Administration. 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. 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 Service of Pleadings and Documents Effectively eliminated Rule (it now simply states to refer to 2.516) Effectively eliminated Rule (it now simply states to refer to 2.516) service only for attorneys in civil, family, probate, appeals effective September 1, service only for attorneys in civil, family, probate, appeals effective September 1, Optional for the Court to serve by Optional for the Court to serve by Rule lists requirements as how the document is to be attached and what information is needed in . Rule lists requirements as how the document is to be attached and what information is needed in .

Rule of Judicial Administration E-Filing of Pleadings and Documents Effective April 1, 2013 filings will be made electronically through the Clerk’s Portal for civil and family. Effective April 1, 2013 filings will be made electronically through the Clerk’s Portal for civil and family. The electronic filing of the document will NOT serve the document. 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 Electronic Filing of Documents original documents original documents affidavits affidavits returns of service returns of service verified documents verified documents non conforming 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 Administrative Order File a Notice of Change of Address in each case you are taking with you. 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. 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 Name of Party Include Description of Motion/Order Include Description of Motion/Order Do Not Simply state “Motion” or “Agreed Order” or “Order” Do Not Simply state “Motion” or “Agreed Order” or “Order”Examples: Plaintiff, John Smith’s, Motion for Leave to File Second Amended Complaint Plaintiff, John Smith’s, Motion for Leave to File Second Amended Complaint Order Granting Plaintiff, Peter Jones’, Motion to Strike Third Affirmative Defense 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 (j) – Lack of Service (j) – Lack of Service (e) – Lack of Prosecution (e) – Lack of Prosecution

Closure of Cases Rule 1.100(c)(3) & Form – Final Disposition Form administratively closes the file and removes from court’s pending caseload Rule 1.100(c)(3) & Form – Final Disposition Form administratively closes the file and removes from court’s pending caseload File form with Clerk after filing Voluntary Dismissal or Final Judgment. File form with Clerk after filing Voluntary Dismissal or Final Judgment. Stipulation for Dismissal - File form so long as ALL parties have signed. Stipulation for Dismissal - File form so long as ALL parties have signed. Some type of final order or dismissal must be filed in order for case to be closed. Some type of final order or dismissal must be filed in order for case to be closed.

Form – FINAL DISPOSITION FORM

DIVISIONAL INSTRUCTIONS

Divisional Instructions are specific to a judge: Procedures to be followed when requesting a telephonic appearance Procedures to be followed when requesting a telephonic appearance UMC Paperwork UMC Paperwork Requests to set a special set hearing Requests to set a special set hearing Participation in E-Service 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 TV/DVD rental $30 a day Elmo/Projector $100 a day Elmo/Projector $100 a day (includes screen) Screen only$30 a day Screen only$30 a day View Box (for x-rays) $30 a day View Box (for x-rays) $30 a day Deposit Required equal to one day rental 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 Attorney room located inside law library Dedicated computer & free Westlaw Dedicated computer & free Westlaw Reduced cost for Westlaw case printing ($.15/page) Reduced cost for Westlaw case printing ($.15/page) Free faxes (incoming and local outgoing) Free faxes (incoming and local outgoing) Free delivery/printing ($.15/page) Free delivery/printing ($.15/page) Free TV/DVD rental Free TV/DVD rental 50% off courtroom equipment rental fees 50% off courtroom equipment rental fees Annual cost $ (only $60 for additional attorneys in the same firm) Annual cost $ (only $60 for additional attorneys in the same firm)

Questions??