20th Judicial Circuit Florida



IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR

COLLIER COUNTY, FLORIDA FAMILY DIVISION

IN RE: FAMILY LAW TRIALS

Trial Period Commencing:

____________________, 201____

at 9:00 a.m. The Honorable Frederick R. Hardt

Circuit Court Judge

____________________________________/

ORDER SETTING TRIAL

AND PRETRIAL CONFERENCE

THIS CAUSE comes before the Court on a Notice for Trial and it appearing this cause is otherwise at issue, it is hereby:

ORDERED as follows:

1. Pretrial Conference:

A Pretrial Conference is scheduled for _____________, 201 at 10:00 a.m. before the Honorable Frederick R. Hardt, Circuit Judge, in Courtroom 4-C, Fourth Floor, Collier County Courthouse, 3315 East Tamiami Trail, Naples, Florida, pursuant to Rule 12.200 of the Family Law Rules of Procedure.

2. Attendance at Pretrial Conference:

Appearance in person at the pretrial conference by counsel trying the case and the parties is mandatory. Matters to be considered and determined shall be as provided in Rule 12.200(b), Family Law Rules of Procedure.

3. Trial Period:

This cause is set for trial on the attached Trial Docket during the two week trial period commencing ________________, 201 at 9:00 a.m. in (Courtroom Assignment posted on First Floor), Floor, Collier County Courthouse, Naples, Florida, before the undersigned judge. Except for the first case on the docket, it cannot be pre-determined when your case will be reached. Counsel should contact the attorneys on the cases ahead to determine when your case may be reached for trial. The docket will proceed numerically unless judicial time utilization can be enhanced or scheduling conflicts with other courts occur. In such instances, the sequencing of cases for trial may be adjusted by the Court. Be ready to go to trial! In the event trial is commenced and it becomes apparent that sufficient time was not requested, a mistrial may be declared and costs assessed against the party causing the over-run.

4. Court Reporter and Interpreters

Remember it is your responsibility to arrange for a court reporter if you wish testimony to be recorded/transcribed AND for any interpreters that might be necessary.

5. Exhibits – Exchange

No later than three (3) business days prior to the pretrial conference, the attorneys and any self-

represented parties shall exchange their exhibits. Counsel are advised to follow the Rules of

Evidence regarding use of summaries and submission of business records without live-

authenticating witnesses. At the time of trial, the parties shall provide a complete set of their

exhibits to: (a) the Clerk for marking and possible admission as evidence; (b) the Court; AND, (c) the opposing party or attorney. All exhibits should be marked prior to the beginning of trial. It is helpful to the Clerk if you provide a list of your exhibits in their numerical order (e.g., Wife’s Ex. 1, Husband’s Ex. 4).

6. Pre-Trial Statement.

No later than three (3) business days prior to the pre-trial conference, counsel of record and self-represented parties, shall each file with the Clerk of Circuit Court a Pre-Trial Statement. A courtesy copy of the Pre-Trial Statement shall also be delivered to the Judge’s Chambers PRIOR to the Pre-Trial Conference. Counsel shall attach to the Pre-Trial Statement a completed copy of an agreed or stipulated Trial Checklist. The Court specifically advises the parties and attorneys that failure to file this Pre-Trial Statement and exchange exhibits or witness lists may result in the striking of the case from the trial docket, having exhibits or witnesses excluded, the Court issuing an Order to Show Cause to the parties and/or attorneys, and/or other appropriate sanctions as determined by the Court. Parties who represent themselves are not excused from compliance with this Order. The Pre-Trial Statement shall include the following information:

a. The Marriage: [if case is an initial dissolution of marriage action]

1) Date and place of marriage.

1) Date of Separation.

2) Date of filing of the Petition.

3) Whether marriage counseling or cooling period is requested by either party.

b. The Children: [if applicable]

1) Name and ages of the children born of the parties’ marriage or mutually adopted by the parties.

The current parenting plan or time sharing schedule. (A previously filed agreed or ordered Parenting Plan, may be attached to the Pre-Trial Statement rather than describing it in the body of said Statement.)

2) Suggested Parenting Plan or Timesharing Schedule if different from the current one. (Attach suggested Plan to the Pre-Trial Statement.)

3) The proposed child support worksheet.

4) Whether or not the children are presently covered by any medical insurance policy, the cost, and which party is currently providing same.

5) What, if any, special medical problems the children have.

Whether a custody evaluation has been conducted and if so, who or what office has performed the evaluation. Evaluation, if completed, shall be brought to the Pretrial Conference.

c. Alimony: [if applicable]

Identify the type of alimony and amounts sought.

d. Exhibits: A schedule of all exhibits and documentary evidence which may be used at trial – be specific. Failure to list exhibits and documents and timely file your Pre-Trial Statement listing such may result in the Court prohibiting their use at trial.

Parties must comply with paragraph 7 of this order.

e. Witnesses: A complete list of all witnesses with current addressed (excluding the addresses of those witnesses or parties that are confidential) you expect to call at trial, if you have not already done so. Failure to list your witnesses or timely file your Pre-Trial Statement, may result in the Court prohibiting them from testifying at trial.

f. Assets and Liabilities: [if applicable] A list of all assets and liabilities legally or equitably owned and/or owed by the parties as of the date that is alleged to be the legally applicable date, hereafter known as “Asset and Liability Summary.” Each party’s Summary should be attached to the Pre-Trial Statement. The Summary is not required to be in any particular form other than adhering to the requirements set forth below, though an example is available at the Judges’ 20th Circuit web-site:

(1) Unless the parties/attorneys can agree to use one Summary, such should be filed on behalf of each party.

(2) Each party’s Summary must list the party’s assets and liabilities in identical order.

(3) The Summary must designate whether such assets and liabilities are alleged to be marital or non-marital.

(4) It is preferred that liabilities that are secured by or related to certain assets such as a mortgage or car loan, be listed in close proximity to their related assets.

(5) A value or balance should be assigned to each asset and liability.

(6) The Summary should set forth a party’s suggested distribution of the assets and liabilities.

g. Awards: A list of all awards requested by each party, including a proposed asset and liability distribution [if applicable] which may be set forth on the Asset and Liability Summary described above.

h. Legal Issues: All legal issues which remain to be decided by the Court – Be Specific.

i. Attorney’s fees and Court costs:

1) Whether attorney(s fees and court costs are being sought by either party.

1) Whether testimony will be offered on this issue at trial or at subsequent hearing.

j. Related Cases: List all related cases including: DOR, civil injunction (domestic violence), dependency and delinquency cases.

k. Miscellaneous:

1) List of pending motions.

2) Request for judicial notice.

7. Trial Checklist.

Counsel shall attached to the pretrial statement a completed copy of the agreed or stipulated “Trial Checklist. A Trial Checklist form is attached hereto and available for download on the website at ca..

8. Discovery.

Discovery (including depositions) shall be completed no later than five (5) business days prior to the first day of the trial period for which your case has been scheduled, unless the time limits are extended by agreement of the parties/attorneys.

9. Memorandum of Law/Trial Brief.

Any Memorandum of Law or Trial Brief shall be submitted to the Judge or Judge’s

Chambers at least two (2) business days prior to the first day of the trial for which your

case has been scheduled. Such a Memorandum or Brief should not be longer than ten

(10) pages and should contain any disputed legal issues for consideration by the Court.

Do not submit lengthy notebooks with case law and exhibits to the judge prior to trial.

They will not be accepted. However, notebooks which contain case law and exhibits may be presented to the judge for reference during the trial.

10. Proposed Final Judgment.

At least two (2) business days prior to the first day of trial, a hard copy and a diskette or flash drive containing a proposed Final Judgment shall be delivered to the Judge or the Judge’s chambers with a copy delivered to the opposing party. Do not file proposed Final Judgments with the Clerk.

.

11. Testimony and Attendance of Minor Children.

Pursuant to Rule 12.407, no minor child shall be deposed or brought to a deposition, brought to court to appear as a witness or to attend a hearing, or subpoenaed to appear at a hearing without prior order of the court. To obtain such an order, a motion must be filed and heard by the Court no later than during the Judge’s family law motion week immediately preceding the trial week in which your case has been scheduled--NOT at the time of your trial. If a party seeks to introduce child hearsay, the requirements of Section 90.803(23) apply. The motion to admit child hearsay must be completed prior to the first day of trial or hearing.

12. Mediation.

All cases must be fully mediated prior to the pretrial conference. This applies to Requests for Relocation and Supplemental Petitions for Modification (both Temporary and Final. Both parties and their attorneys are required to attend mediation. The failure of parties or attorneys to attend mediation may result in fines, sanctions and/or the Court awarding attorney fees and costs against those persons who did not appear. If a party or his/her attorney is uncooperative in scheduling or attending mediation, the cooperating party/attorney may submit a motion describing the efforts that he/she has made to schedule the mediation and requesting that such be scheduled by the Court on a certain date or within a certain range of dates. If the parties cannot agree on a mediator, they should file a motion requesting that the Court appoint one. The motion may suggest a list of mediators from which the Court may appoint. If no mediators are suggested, the

Court will appoint a mediator from the list of Supreme Court certified mediators who work in the Collier County area.

13. Parenting Class.

Prior to trial, both parties are required to complete a parenting course approved by the Department of Children and Families. Certificates of completion shall be filed with the Clerk.

14. Length of Trial and Continuances.

Each party will be allocated one-half of the total scheduled trial time. The Court will strictly enforce the allocated trial time. Each party’s one-half time will include that party’s cross-

examination of the other’s witnesses. If the length of time set aside for your trial is not

sufficient, or if Counsel has a conflict, or for other reasons is in need of a continuance,

counsel should immediately notify the Court by motion and state the reasons therefore.

All Motions for Continuance MUST be heard by the Court no later than the Court’s family law motion week immediately preceding the trial period for which your case has been

scheduled. Motions for continuance must be in writing and signed by the moving party

and counsel pursuant to Rule 2.545, Florida Rules of Judicial Administration. Any motion

for a continuance based upon a scheduling conflict must comply with Rule 2.550, Florida

Rules of Judicial Administration.

15. Compliance with this Order.

Failure to comply with this Trial and Pre-Trial Order may result in the Court prohibiting the use of witnesses and exhibits at trial, the issuance of an Order to Show Cause, the assessment of attorney fees and costs, and/or fines.

16. Timely Appearance for Trial.

Please be ready to proceed with your trial at the time for which you are scheduled. Exhibits shall be marked and provided to the Clerk prior to the start of trial. If you need extra time for last minute settlement negotiations, please plan to appear early. Courtrooms are

generally open approximately 30 minutes prior to the beginning of the trial or hearing.

17. Scheduling Conflict with Trial Date.

In the event that this order results in a schedule conflict under Judicial Administration Rule 2.550 that attorney shall promptly file a Notice of Scheduling Conflict.

18. Please review this Order to confirm that it has been sent to all proper persons at their proper addresses. Failure to immediately notify the Court may result in this matter not being heard at the scheduled date and time.

19. THE CLERK OF COURTS IS DIRECTED to place a copy of this Order and Trial Docket in each case file on the list attached hereto.

DONE and ORDERED in Naples, Collier County Florida this ___ day of ______________, 2014.

_________________________

Frederick R.Hardt

Circuit Court Judge

CERTIFICATE OF SERVICE I HEREBY CERTIFY that a copy hereof has been furnished to all counsel listed on the attached Trial Docket by U.S. Mail on this the _____ day of __________________, 201__.

By: _________________________________

Judicial Assistant

NOTE: IN ADDITION TO THIS ORDER BEING MAILED BY THE JUDICIAL ASSISTANT AS NOTED ABOVE, WHEN THE CLERK OF COURT PROCESSES THIS TRIAL ORDER THROUGH THE PORTAL, THE FLORIDA ATTORNEYS WITH FLORIDA BAR MEMBER NUMBERS AND WHO ARE ATTORNEY OF RECORD IN THIS CASE (AS OF THE DATE OF FILING THIS ORDER), WILL AUTOMATICALLY BE SENT, VIA E-MAIL, A COPY OF THE ORDER AS WELL.

“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 provisions of certain assistance. Please contact Charles Rice, Administrative Court Services Manager, whose office is located at 3315 East Tamiami Trail, Suite 501, Naples, Florida, 34112, and whose telephone number is (239)252-8800, at least 7 days before your scheduled court appearance or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711.”

IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR

COLLIER COUNTY, FLORIDA CIVIL ACTION

IN RE: The Marriage of

Husband, CASE NO:

and

Wife.

___________________________/

Trial Checklist – Dissolution of Marriage

The following documents/requirements have been filed and/or met in the above-styled case:

NOTARY JURATS

← All Notary Jurats are correct. (See Fla.Stat. §117.05(3)(a))

PLEADINGS

← Petition for Dissolution of Marriage: Filed on______________________

← Answer to Petition: Filed on________________________

← Counter-Petition for Dissolution of Marriage: Filed on______________________

← Answer to Counter-Petition: Filed on________________________

RESIDENCY PROOF (only one (1) party must file)

← Affidavit/Certificate of Corroborating Witness (See Family Law Form 12.902(i))

Filed on ________________________ OR

← Valid Florida Driver’s License:

Date issued ______________ (Must be issued more than 6 months prior to the filing of the Petition)

Filed on ________________________ OR

← Florida Voter’s Registration Card:

Date issued ______________ (Must be issued more than 6 months prior to the filing of the Petition)

Filed on ________________________

OTHER

← Non-Military Affidavit: Filed on _____________________

(May be included in pleadings. If so, specify which pleading and Paragraph number(s))

← Notice of Filing Confidential Social Security Numbers If applicable under 61.052(7) Wife’s filed on _________________; Husband’s filed on__________________

← Notice of Related Cases: Filed on ___________________

(As required by Judicial Administration Rule 2.545(d) – see Form 12.900(h))

DISCOVERY

← Notice of Compliance with Mandatory Discovery (See Family Law Form 12.932):

Husband’s filed on_______________ ; Wife’s filed on________________

OR

← Waiver of Mandatory Discovery

Husband’s filed on _______________; Wife’s filed on _________________

(This may be included in the Marital Settlement Agreement. If so, list Paragraph number(s). OR, may use one Waiver-document signed by both parties.)

FINANCIAL AFFIDAVITS (list date of most recent if more than one)

← Husband’s: Filed on_____________________

← Wife’s: Filed on___________________

***The following are required ONLY IF there are minor children of the marriage***

← Uniform Child Custody Jurisdiction and Enforcement Act Affidavit (UCCJEA) (These allegations may be included in the Petition or Counter-Petition, but ALL required statements must be set forth - See Family Law Form 12.902(d)) If included in a pleading, list which pleading and paragraph numbers: Filed on/in_______________

← Certificates of Attendance of Parenting Class (both parties must file):

Husband’s filed on_____________; Wife’s filed on_____________

← Any agreed upon Parenting Plan(s): Filed on________________________

← Proposed Parenting Plan(s) (May be attached to or included in Pre-Trial Stipulation)

( Attached to Pre-Trial Stipulation; ( Filed separately on ________________

← Child support guidelines worksheet (may be attached to Pre-Trial Stipulation):

( Attached to Pre-Trial Stipulation; ( Filed separately on ________________

← Motion to Deviate from Child Support Guidelines (if any), filed on __________________

TRIAL REQUIREMENTS (List date of most recent if there are more than one)

← Mediator’s Report of impasse: Filed on_____________________

← Witness lists: Husband’s filed on____________; Wife’s filed on____________

← Pre-Trial Statement or Stipulation: Filed on ______________________

(If Statements are filed on behalf of each party instead of a joint Stipulation, list dates of filing of each Statement and which party filed it.)

Date: ____________________ _____________________________ Attorney for

................
................

In order to avoid copyright disputes, this page is only a partial summary.

Google Online Preview   Download