JUDGE E. McRAE MATHIS
DIVISION FM-A
EX-PARTE
ROOM 200
9:30 - 10:00
November Ex Parte Days: 4, 10, 12, 17, 19
December Ex Parte Days: 3, 9, 16, 17, 23*
(*Note: For Dec 23, Ex Parte will be from 1:30 PM-2:30 PM)
*It is always best to call and confirm these dates at the beginning of the new month.
Uncontested and Default Final Hearing Information
All uncontested dissolutions MUST have a check list fully completed before presenting your case to the Judge.
Default final hearings for Dissolution of Marriage must be set on the calendar for a 10 minute hearing. This matter cannot be handled during Ex Parte.
Proposed Orders
A cover letter with an original order and correct number of copies for all parties are to be submitted with stamped, addressed envelopes for all parties. Proper postage on all envelopes.
Cancellation of Hearings
When cancelling a hearing, call and leave a brief message, or fax a Notice of Cancellation to the Office.
Courtesy Copies
This office only needs courtesy copies of emergency motions and motions for rehearing. If you are submitting a courtesy copy, please DO NOT fax AND send one via mail or hand delivery - one is sufficient.
Emergency Motions/Scheduling
Emergency Motions: originals properly filed with the Clerk of Court, a copy either delivered or faxed to the Judge's chambers for review. There will be no ex parte communication concerning this request. The Judicial Assistant will contact the attorney for the moving party to advise whether the motion will be heard on an emergency basis or will be heard at the next available time on the regular calendar.
Motions to Set Non-Jury Trials
Addressed, stamped envelopes are to be provided for each party, and stamped, unaddressed envelopes are to be provided for mediator and child custody evaluator, if any.
Continuance of Trial
If an Order Setting Non-Jury Trial has been entered and one party requests a continuance, and the continuance is granted, the party requesting the continuance prepares a one page order granting continuance with the new trial week and pre-trial conference date and time or that the trial will be reset upon either party's Motion to Set.
Temporary Needs/Post Judgment Hearing Information
Effective January, 5, 2009, the Administrative Secretaries responsible for scheduling domestic relations temporary needs/post judgment hearings on the Magistrate's calendars changed. The Assistant that has been assigned for each judicial division is indicated below. Please have the person calendaring your hearings contact the respective Assistant listed when scheduling any temporary needs/post judgment hearings.
Division / Magistrate Assistant / Telephone / Room Number
FM-A & B / Amy Venturello / 630-7682 / 412
FM-C & D & E / Katrina Miles / 630-7682 / 405
FM- F & G / Marie Green / 630-7682 / 414
JV-A & B / Any Venturello / 630-7682 / 412
JV-C & D / Marie Green / 630-7682 / 414
Exceptions to Reports and Recommendations of Magistrates
Originals properly filed with the Clerk of Court within the 10 day time frame and copies to opposing party **To prevent Orders being entered when an exception has been timely filed, please provide copies of Exceptions to the Office of Magistrate, which are listed below. The Magistrate's office checks the docket prior to submitting order to Judge, however the docket does not always reflect that a pleading has been filed in clerk's office.**
Magistrate / Magistrate Assistant / Room Number
F. Franklin Akel / Donna Cercy / Room 414
John Sampson, III / Fran Skipper / Room 413, Office 6
Joanna G. Houser / Laura Lentini / Room 412
M. Dianne Misiak / Shawn Freeland / Room 405
Norma Ponder
Judicial Assistant
Fax: (904) 360-8480
FYI: If child support is to be paid through the State of Florida Disbursement Unit (SFDU), only provide a copy of the order for the Domestic Relations Depository (DRD), none for SFDU. This order will be routed inner-office at the Courthouse. The DRD sets up and modifies all accounts from Final Judgments and/or Orders entered. The SFDU only receives and disburses money.
online form
updated 9/02/09
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JUDGE W. GREGG McCAULIE
DEBRA A. KELLEY, JUDICIAL ASSISTANT
DIVISION: FM-E
ROOM 503
(904) 630-2327 PHONE
(904) 360-8485 FACSIMILE
EX-PARTE DATES AS OF OCTOBER 26, 2009
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November 2009
13, 23-25, 30
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December 2009
1-4, 7, 8, 10, 29
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January 2010
5-8, 19, 21, 22
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Ex-parte is from 9:30 a.m. until 10:00 a.m.
These dates are subject to change, please call to confirm
It is the attorney's responsibility to get the court file from clerk and bring it to the hearing
1. Uncontested Dissolution Final Hearing Information
All uncontested dissolutions final hearings MUST have a check list fully completed before presenting your case to the Judge. These matters are handled during Ex Parte. Please use the below Form. Please review these sample questions with your client and ask them at the hearing.
--------------------------------------------------------------------------------------------------------DIVISION FM-E CHECKLIST FOR UNCONTESTED DISSOLUTIONS OF MARRIAGE
This form must be completed BEFORE presentation to and hearings by the Court.
Plaintiff/Petitioner/Husband (circle one) Name:____________________
Defendant/Respondent/Wife (circle one) Name:____________________
Case Number:______________ Date Filed:___________
FL Driver's.License Issue Date:_______
Date: ____________ , 2009 Name: ________________1. Have the following documents been filed in the court file?Answer and waiver (Husband & Wife)Financial affidavits (Husband & Wife)UCCJA affidavits (Husband & Wife)
Course completion certificate for Children First in Divorce course (Husband & Wife)
Guideline worksheet (Husband & Wife)
2. Does the proposed consent judgement or consent order propose any of the following?Parenting Plan/Time Sharing (Circle One) Yes NoOther type of custody (Circle One) Yes NoSubstantial time-sharing/Child support deviation (Circle One) Yes NoDeviation from or waiver of child support (Circle One) Yes No
Certificate of Counsel
I, the undersigned attorney, do hereby certify that I have reviewed the above court file and the above information and the above relevant pleadings are contained in the court file.
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UNCONTESTED DISSOLUTION SAMPLE QUESTIONS
1. What is your name?
2. Were you married to ___________ on ____________, 20____?
(spouse) (date)
3. Were you or your spouse a continuous resident of the State of Florida from ________________________, 20___ until _________________, 20___
(7 months before ______ case filed) (date of filing)
4. Is this a copy of your Florida drivers license (ID or voters registration) issued more than six (6) months before the Petition as filed?
5. Are the name(s) and date of birth of the child(ren) born during the marriage:
A. __________________________, born _______________,
B. ___________________________, born _______________, and
C. ___________________________, born _______________?
6. To Wife: Are you pregnant?
To Husband: Is the Wife pregnant?
Answer: ______________ yes or
______________ I do not know
7. Please tell the Judge why you believe the marriage is irretrievably broken.
8. Have you attempted marriage counseling? Do you think if marriage counseling was ordered by the Judge the marriage might be saved?
9. Have you each received the other party's Financial Affidavit?
10. Have you each attended CFID?
11. Have you entered into a written agreement that settles all the issues between you and your spouse?
12. Do you recognize your and your spouse's signatures on the agreement?
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2. Motions to Set Non-Jury Trials
Addressed, stamped envelopes are to be provided for each party, and stamped, unaddressed envelopes are to be provided for mediator and social investigation evaluator, if any. Please use the Trial Set Form below.
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TRIAL SET MEMORANDUM IN DIVISION FM-E
(PLEASE COMPLETE BEFORE PRESENTING TO COURT)
A. TYPE OF CASE: (Circle One)
Original D.O.M Original Paternity Adoption
Supp. Pet. to Modify Other: _______________________
Name:_________________________________________________________________
(Circle One) Defendant Respondent Husband
Name:_________________________________________________________________
CASE NUMBER:____________________________________________
C. List any case number past or pending involving the parties or children:
Dependency:______________________________
Paternity:________________________________
D.O.R.:__________________________________
Domestic Violence:_________________________
D. Title of each Petition(s), Supplemental Petition(s) or Motion(s) being set for trial, e.g., "Supplemental Petition to Modify Final Judgment of Dissolution of Marriage to Increase Child Support, filed by F.W.:"(1) ____________________________________________, filed by
(2) ____________________________________________, filed by
E. ISSUE, e.g., Parental Responsibility, Child Support, etc.:_____________________________________________________
________________________________________________________
F. Estimated time for hearing: Days:________ Hours:__________
G. Attorney for Plaintiff/Petitioner/Husband: ______________________
Telephone Number: _______________________________________
Attorney for Respondent/Wife:_______________________________
Telephone Number: _______________________________
H. Attended C.F.I.D. Class: YES [ ] NO [ ] NOT APPLICABLE [ ]
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INFORMATION BELOW TO BE COMPLETED BY COURT:
TODAY'S DATE_______________
TRIAL DATE: WEEK OF____________ DATE CERTAIN_______________
CASE MANAGEMENT CONFERENCE:YES [ ] NO [ ] Date:______Time:_____
PRE-TRIAL CONFERENCE: YES [ ] NO [ ] Date:________Time:_________
Pretrial Order ___________Yes ____________No
Pretrial Stip ___________Yes ____________No
NAME OF MEDIATOR:________________________________________
NAME OF SOCIAL INVESTIGATION VALUATOR:_____________________
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3. Emergency Motions/Scheduling
Emergency Motions: originals properly filed with the Clerk of Court and a copy either delivered or faxed to the Judge's chambers for review. There will be no ex parte communication concerning this request. The Judicial Assistant will contact the attorney for the moving party to advise whether the motion will be heard on an emergency basis or will be heard at the next available time on the regular calendar.
4. Motion to Withdraw
See. Fla. R. Jud. Admin. 2.505(f) where the proceeding is continuing, upon motion and hearing, on notice to all parties and the client. Do not assume the motion will be granted if case is set for trial/hearing.
5. Continuance of Trial
See Fla. R. Jud. Admin. 2.545(e), motions shall be signed by the party. Do not assume a joint motion for continuance will be granted. Bring it to the Judge's attention as soon as possible. If an Order Setting Non-Jury Trial has been entered and a continuance is granted, the party requesting the continuance shall prepare an order granting the continuance with the new trial week and pre-trial conference date and time or that the trial will be reset upon either party's Motion to Set.
6. Courtesy Copies
Generally, the Judge only needs courtesy copies of Emergency Motions and Motions for Rehearing. If you are submitting a courtesy copy, please DO NOT fax AND send one via mail or hand delivery - one is sufficient.
7. Cancellation of Hearings
When cancelling a hearing, call and leave a brief message, or fax a Notice of Cancellation to the Office.
8. Proposed Orders
Consent orders should be captioned "Consent Order Granting (name of pleading)". A cover letter with an original order and correct number of copies for all parties are to be submitted with stamped, addressed envelopes for all parties. Please provide proper postage on all envelopes.
9. Temporary Needs/Post Judgment Hearing Information
Effective January, 5, 2009, the Administrative Secretaries responsible for scheduling domestic relations temporary needs/post judgment hearings on the Magistrate's calendars changed. The Assistant that has been assigned for each judicial division is indicated below. Please have the person calendaring your hearings contact the respective Assistant listed when scheduling any temporary needs/post judgment hearings.
Division / Magistrate Assistant / Telephone / Room Number
FM-A & B / Amy Venturello / 630-7682 / 412
FM-C & D & E / Katrina Miles / 630-7682 / 405
FM- F & G / Marie Green / 630-7682 / 414
JV-A & B / Any Venturello / 630-7682 / 412
JV-C & D / Marie Green / 630-7682 / 414
10. Exceptions to Reports and Recommendations of Magistrates
Originals properly filed with the Clerk of Court within the 10 day time frame and copies to opposing party. To prevent Orders being entered when an exception has been timely filed, please provide copies of Exceptions to the Office of Magistrate, which are listed below. The Magistrate's office checks the docket prior to submitting order to Judge, however the docket does not always reflect that a pleading has been filed in clerk's office.
Magistrate / Magistrate Assistant / Room Number
F. Franklin Akel / Donna Cercy / Room 414
John Sampson, III / Fran Skipper / Room 413, Office 6
Joanna G. Houser / Laura Lentini / Room 412
M. Dianne Misiak / Shawn Freeland / Room 405
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J.BRADFORD STETSON
DIVISION FM-F
Ex Parte & Division Info
****9:30 a.m. - 10:00 a.m.****
Please wait until 9:20 to enter if you need ex parte forms
November Ex Parte Days: 3-10, 23 & 24
December Ex Parte Days: 1-3, 8-10, 21 & 22
January 2010 Ex Parte Days: 11-15, 20
(Note: Dec 22 is our Duty Day so Ex Parte will be
from 1:30 PM-2:30 PM)
*It is always best to call and confirm these dates at the beginning of the new month.
PLEASE TAKE NOTICE OF DIV. FM F INFO BELOW:
Copies of pleadings, Notice of Hearing, etc.: !!NO COPIES PLEASE!!. Make sure your original is filed timely, with the Clerk's office so that the current pleadings are placed in the court file. Memorandum of Law is the exception.
Cancelling of Hearings: If you would like to cancel a hearing and can not reach me personally, please fax a copy of the notice of cancellation , email or you may leave a brief detailed voice mail. Your matter will be taken off the calendar upon receipt of the notice; a follow-up telephone call is not required.
Mediation: Please notify this office immediately if your case is settled at mediation. PER JUDGE-all discovery must be completed before mediation.
Trial Set Memorandum: Please have your set form fully completed attached with the court file before presenting your case to the Judge. You must also have stamped and pre-addressed envelopes to present with your Trial Set Form.
Emergency Scheduling/Motions: Emergency Motions should be faxed or delivered to the judge's chamber's for review. If hand delivered and the JA is not in the office, please call or leave a message regarding the dropped-off Motion so that we can be aware of an emergency matter pending review. If children are referenced, it is required that the filed UCCJEA also be attached for this matter to be considered a properly filed action. There shall be no ex parte communication concerning this request. The judicial assistant will contact the attorney for the moving party to advise whether the motion will be heard on an emergency basis or will be heard at the next available time on the regular calendar.
Motions to Compel or Protective Order: (Non-emergency) Motions to compel discovery and motions for protective order must be set on the regular calendar. The Motion MUST contain a certificate at the end of the filed motion, signed by the attorney for the moving party that he or she has contacted opposing counsel and has attempted without success to resolve this matter without the necessity of a hearing.
Ex Parte: This time is designated for uncontested matters. You may also use this time for various Motions, etc. so long as it does not take more than 5 minutes or become contested. Ex Parte is also a designated time for Motion to Set Case for Trial. You will be given a Pre-Trial Conference date at Ex Parte. Calling the office in advance to request a date is not proper procedure. If you are unable to appear in person for a Motion to Set Trial, please coordinate with opposing Counsel regarding your unavailability before calling in for hearing.
Defaults: Defaulted Petition for Dissolution of Marriage must be set time certain and not noticed for Ex Parte.
Children First in Divorce Class: Required in both Petitions for Dissolution of Marriage and Paternity cases.
On-Line Ex Parte & Division Information: 1.http://www.coj.net 2.Office: (select) Fourth Judicial Circuit & 3.Then select Ex Parte Information.
TEMPORARY NEEDS/ISSUES: Temporary issues are to be set before the General Master. Please contact Marie Green for our division at 630-7058 or 630-7682.
Lisa Gardner, Judicial Assistant (904)630-2325-Office (904)360-8481 Fax Lgardner@coj.net Email
FM-F - 2009
TRIAL INFORMATION
Trial Week/Pre Trial Conference Date
November 16, 2009/November 10, 2009
December 14, 2009/December 9, 2009
FM-F - 2010
TRIAL INFORMATION
Trial Week/Pre Trial Conference Date
January 25, 2010/January 20, 2010
February 22, 2010/February 17, 2010
March 22, 2010/March 17, 2010
April 26, 2010/April 21, 2010
May 24, 2010/May 19, 2010
June 21, 2010/June 16, 2010
July 26, 2010/July 21, 2010
August 23, 2010/August 18, 2010
September 27, 2010/September 22, 2010
October 25, 2010/October 20, 2010
November 15, 2010/November 10, 2010
December 13, 2010/December 8, 2010
ALL DISCOVERY MUST BE COMPLETED BEFORE MEDIATION
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IN THE CIRCUIT COURT, FOURTH JUDICIAL CIRCUIT, IN AND FOR DUVAL COUNTY, FLORIDA.
CASE NO: ___________DR_______-FM
DIVISION: FM-F
IN RE: The Matter of
_____________________________________, _____________,
and
_____________________________________, _____________.
ORDER SETTING CASE FOR NON-JURY
TRIAL AND PRE-TRIAL CONFERENCE
It appearing that this cause is at issue and ready for trial, it is, therefore,
ORDERED AND ADJUDGED:1. TRIAL DATE. This cause is hereby set for non-jury trial commencing the week of _____________________, 2010, before the Honorable J. BRADFORD STETSON, Duval County Courthouse, ROOM 200, Jacksonville, Florida 32202. Time allocated for trial is ________ HOURS/DAY(S). If the case becomes uncontested or settled, please cancel the trial and set it for hearing during ex parte hours.
2. PRETRIAL CONFERENCE. Pre-Trial Conference will be held in Chambers, Room 200, Duval County Courthouse, Jacksonville, Florida, on ___________________, 2010 at ______ AM/PM, in accordance with the provisions of Rule 1.200, Florida Rules of Civil Procedure. A written Joint Pre-Trial Statement/Pre-Trial Stipulation, signed by the parties or their attorneys in the required form shall be submitted to the Court at the Pre-Trial Conference setting forth any controlling matters of fact or law to which the parties can agree and identifying the issues remaining to be tried. The required pretrial stipulation form may be picked up in the undersigned judge's office during ex parte hours.3. REQUIREMENTS PRIOR TO PRETRIAL CONFERENCE. At least three (3) days prior to the Pre-Trial Conference, attorneys for each party shall meet together by agreement instigated by counsel for plaintiff or petitioner, to discuss the possibility of settlement; stipulate to as many facts and issues as possible; examine all exhibits and documents which may be used at trial; furnish opposing counsel the names and addresses of all witnesses who may testify at trial; and complete all other matters which may expedite both the Pre-Trial Conference and the Non-Jury Trial of this case.
4. EXPERT WITNESSES. No later than fifteen (15) days prior to the Pre-Trial Conference, all parties shall supplement answers to interrogatories propounded to and served upon them pursuant to Rule 1.280(b)( c), Florida Rules of Civil Procedure, for the exclusive purpose of providing complete and current answers to all interrogatories requesting all expert witness information. Any expert witness not disclosed as provided herein will not be allowed to testify without order of the Court.
5. EXCHANGE OF WITNESS AND EXHIBIT LISTS. At the Pre-Trial Conference, counsel shall exchange lists of witnesses and exhibits. Witnesses not disclosed shall not be permitted to testify except by order of the Court upon a showing of good cause.
6. ATTORNEY REPRESENTATION. The Pre-Trial Conference shall be attended by an attorney who will participate in the Trial of the case, and all admissions and stipulations of fact made at those times shall be binding on the parties.
7. CLOSURE OF DISCOVERY. No party shall be permitted to conduct any discovery after the Pre-Trial Conference except by order of the Court for good cause shown or by written agreement of counsel.8. MEDIATION. This matter is being referred to a Mediator by separate order. The Mediator appointed is listed below. It is the responsibility of the Mediator to confer with counsel and the Office of the Court Administrator, telephone number 904/630-2564, for scheduling the Mediation Conference and submitting the appropriate Order for signature.
PARTIES MUST ATTEND AND COMPLETE ANY COURT-ORDERED MEDIATION PRIOR TO THE PRE-TRIAL CONFERENCE.
DONE AND ORDERED in Chambers at Jacksonville, Duval County, Florida, this day of ________________, 2010___.
___________________
J. BRADFORD STETSON
CIRCUIT JUDGECopies furnished to:
___________________________, Esquire
__________________________________
Jacksonville, Florida _____________
___________________________, Esquire
__________________________________
Jacksonville, Florida _________Mediator:
___________________________, Esquire
TO INDIVIDUALS WITH A DISABILITY "IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COURT ADMINISTRATION OFFICE, AMANDA GARDNER OR JAN RHODES AT 904-630-2564, WITHIN 2 WORKING DAYS OF YOUR RECEIPT OF THIS ORDER; IF YOU ARE HEARING OR VOICE IMPAIRED, CALL 1-800-955-8778."
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JUDGE VIRGINIA B. NORTON
DIVISION FM-G
EX-PARTE
9:30 - 10:00
____________________________________________________________________
NOVEMBER...........3-5, 9, 12, 18-20, 23
DECEMBER............11, 14, 15, 17, 18, 30*
JANUARY...............4, 5, 8, 11, 14, 15, 27
(*Note: For December 30th, Ex-Parte will be held from 9:30-10:30 a.m.)
*Please visit the Courts Web site, frequently to confirm that changes have not been made to Ex-Parte days. You can get to the site by following the 3 steps below:
1.http://www.coj.net 2.Office: (select) Fourth Judicial Circuit & 3.Then select Ex Parte Information.
PLEASE TAKE NOTICE:
All uncontested dissolutions MUST have a checklist fully completed before presenting your case to the Judge. Uncontested dissolutions can be handled during Ex Parte.
Default final hearings and consents with rotating custody must be set on the calendar for a 10 minute hearing. These matters cannot be handled during Ex Parte.
Proposed Orders: Proposed Orders should be sent via e-mail (Cochrane@coj.net) in word perfect format if possible. One (and only one) copy should be mailed along with the appropriate number of blank stamped envelopes.
Copies of pleadings, Notice of Hearing, etc.: !!NO COPIES PLEASE!!. Make sure your original is filed timely, with the Clerk's office so that the current pleadings are placed in the court file. Memorandum of Law is the exception.
Continuance of Trial : If an Order Setting Non-Jury Trial has been entered and one party requests a continuance, and the continuance is granted, the party requesting the continuance prepares a one page order granting continuance with the new trial week and pre-trial conference date and time.
FYI: If child support is to be paid through the State of Florida Disbursement Unit (SFDU), only provide a copy of the order for the Domestic Relations Depository (DRD), none for SFDU. This order will be routed inner-office at the Courthouse. The DRD sets up and modifies all accounts from Final Judgments and/or Orders entered. The SFDU only receives and disburses money.
Ellen Cochrane, Judicial Assistant
Office: (904) 630-1462
Fax: (904) 630-1951
email: cochrane@coj.net