IN ORDER TO PROVIDE YOU WITH THE BEST SERVICE POSSIBLE, WE HANDLE ALL COMMUNICATION BY

Transcription

1 PAMELA A.M. CAMPBELL Circuit Judge Judicial Assistant, Teresa M.O. McCreary (727) Pinellas and Pasco Counties Civil Division, Section 11 St. Petersburg Judicial Building 545 First Avenue North, Room 300 St. Petersburg, FL Updated: March 27, 2015 IN ORDER TO PROVIDE YOU WITH THE BEST SERVICE POSSIBLE, WE HANDLE ALL COMMUNICATION BY ALL SCHEDULING FOR HEARINGS (INCLUDING EMERGENCY/EXPEDITED HEARINGS) ARE DONE BY There are many changes that are occurring concerning foreclosure cases especially, so, if you have any questions at all, please feel free to me at: However, I would prefer that you first attempt to find the answer to your question in the following information before ing me. Thank you. Important Foreclosure Information on Page 9. SUBMITTING ORDERS TO SECTION 11, JUDGE PAMELA CAMPBELL Although there are some offices that are allowing proposed Orders to be uploaded through JAWS, Section 11, for Judge Pamela A.M. Campbell is not. All proposed Orders from hearings or ex parte Motions/Proposed Orders, must be sent to us by regular mail. Please do not send any original documents to the Court, including checks. Please send only copies of Motions and supporting documents. You must send a cover letter stating that opposing counsel has reviewed the proposed Order and has no objection to the form or entry. If this is not included in the letter, the package will be returned to your office, unsigned. If you are submitting an Agreed order, you must still state in your cover letter that opposing counsel has reviewed it and agrees to the form and entry. If you are submitting a Stipulation with an Order, you must still accompany them with a cover letter. Although the Stipulation has the signatures of the parties, the Order does not, thus the Judge would prefer language in the cover letter stating that the attorneys have reviewed the Order as well and have no objection to the form or entry, unless of course the Order is simply ratifying the Stipulation. General Preferences/Instructions Page 1

2 If any type of response whatsoever has been filed to a complaint by a pro se party, the Plaintiff must not send an ex parte Motion for Leave to Amend Complaint with a proposed Order. See Rule 1.190(a), Florida Rules of Civil Procedure. We do look each one up when they come in and your office should be doing the same prior to submitting them to the Court for consideration. If any response has been filed, the Plaintiff must either have a Stipulation executed or set the motion for hearing with notice to all parties. In Section 11, this also pertains to Motions to Substitute Party Plaintiff. The only Motion that would be considered ex parte without a hearing if responses have been filed, is a Motion for Substitution of Counsel which is accompanied by a consent from the Plaintiff s client. VERY IMPORTANT IF AN EMERGENCY OR EXPEDITED HEARING IS BEING REQUESTED Be sure to include URGENT-EMERGENCY MOTION in the subject line of your for immediate attention. Otherwise, s are answered in the order in which they are received. If you don t put these words FIRST in your subject line, I may not see it among the hundreds of s I receive each day. For hearing times, please ME DIRECTLY AT TMCCREARY@JUD6.ORG. FOR ANY OF THE FOLLOWING you should first me a copy of the Motion so that I may direct you on how to proceed: ANY Motions for Protective Order Requests for ANY Emergency/Expedited Hearing Times ALL Notices/Motions to Set Non-Jury Trials Motions to Cancel/Reschedule Foreclosure Sales ALL Motions to Continue Trials ALL Motions to Set Trial or Mediation (See attached) General Preferences/Instructions Page 2

3 MOTIONS FOR EXTENSION OF TIME Section 11, Judge Campbell, will not be setting hearings on Motions for Extension of Time to Respond to the Complaint nor Motions for Extension of Time to Respond to Discovery. The availability of hearing time on our calendar is such that it would render a hearing time on any motions for extension of time as moot. The Court expects attorneys to demonstrate professional courtesy in providing an Order to this office allowing for at least a 20 day extension of time for either discovery or a response or answer to a complaint to be filed. The proposed Order shall be accompanied by a cover letter setting forth that the submitting party and/or opposing counsel have no objection to the entry of an Order allowing an extension of time for the specified amount of days. If at the end of that extension for discovery is not provided, the requesting party may then file a Motion to Compel or for Contempt/Sanctions which MUST BE SET FOR HEARING WITH NOTICE TO ALL PARTIES, INCLUDING language that an extension has already been provided and the time has passed and there has been no response at all if a response was filed and you are requesting better answers or responses, then that is a separate Motion and must be set for hearing with notice to all parties. If at the end of the extension time for a responsive pleading or answer to a complaint, there has been nothing filed, AND the Order allowing the extension of time contains language that a default may be entered without further notice, then a copy of the Motion for Judicial Default and proposed Order may be sent to the Court by regular U.S. Mail along with a copy of the Affidavit of Non-Military Service and attached DOJ confirmation, copies and envelopes, with your firm s return address, to be considered ex parte. If the Order entered for the extension of time for a responsive pleading or answer to a complaint did not contain language that the default may be entered without further notice, then a Motion for Judicial Default based upon the other party s noncompliance must be filed and set for hearing with notice to all parties. Attached is a list of general motions that either do not need to be set for hearing or require a hearing. General Preferences/Instructions Page 3

4 SCHEDULING A HEARING Send an request to tmccreary@jud6.org requesting an updated hearing list. It is helpful if you give a brief description of the hearing you are trying to set: Example: Please send me an updated hearing list so that we can coordinate a hearing on the Plaintiff s Motion for Leave to Amend Complaint. COPIES OF NOTICES OF HEARING AND MOTIONS AND SUPPORTING DOCUMENTS: Even though you are now required to file motions and notices through the eportal, this does not mean that there is any notification to the specific Judge of the filing, nor does it ensure that the documents will be available for view by the Court online at the time of your hearing. Regardless of the availability of the document for review with the online docket, Judge Campbell still requires the following: You MUST send us a HARD COPY of the efiled Motion (no originals should be sent whether they have been filed through the eportal already or not), copy of the Notice of Hearing and copies of any supporting documentation that the Judge will need to review for the hearing. If we do not receive this documentation ahead of time (preferably at least a week ahead of time), your hearing may be canceled, or the Court may not be able to consider the documents you are providing as she will not have had an opportunity to review them prior to the hearing and not enough time has been alloted for her to review them while the attorneys sit and wait. Please make every attempt not to wait until the last minute to send Notices and motions to us as the Judge prepares for these hearings sometimes 10 to 15 days in advance. Allowing the Judge time to review submitted documents will benefit all of the parties and the Court. If you have requested a hearing time for a Case Management/Status Check, once you provide the Judicial Assistant with the cleared date and time, she will prepare an Order to Appear for Case Management and Status Conference which cannot be canceled by either party, without the consent of the Court. The Order for the Case Management that this office prepares also contains the following language: Additionally, all parties shall be prepared to address any and all outstanding/pending motions. The parties must inform the Court by of any motions intended to be heard at the conference. Any additional Motions must be noticed by the appropriate party for the CMC date and time and copies provided to all parties and this Court. This allows either party to provide a Notice of Hearing and Motion on any outstanding Motions that they wish to have considered at the Case Management Conference. You must provide notification to opposing counsel that you are adding a motion to the CMC hearing, PRIOR to sending out the Notice of Hearing. If the Judge determines that it is inappropriate or not timely to have it heard at that time, then it will be rescheduled at an agreed upon date and time General Preferences/Instructions Page 4

5 EXPEDITED HEARING TIMES If you do not find a date and time on the Hearing List that is early enough for your Motion, please do not hesistate to contact me by (tmccreary@jud6.org) and let me know the type of hearing you are seeking to schedule and why you need to have it heard earlier than what is shown as available and I will do my best to get it on the calendar. Be sure to include a copy of your Motion with the . IT IS VERY IMPORTANT TO NOTE THAT WE DO NOT RECEIVE ALERTS WHEN DOCUMENTS ARE FILED THROUGH THE EPORTAL. Please do not assume that the Court has a copy of any document just because it has been e-filed. If you want the Court to look at a document, you MUST send it directly to us by regular mail at the address listed at the beginning of this document or send a copy to me by if you wish to set it for hearing. GENERAL PREFERENCES 1. Please do not send blank, proposed Orders through the eportal. 2. ANY request for a continuance of a Jury Trial MUST be set for hearing even if a Stipulation has been signed. a copy of the Stipulation/Motion to me at tmccreary@jud6.org. If there is not a Stipulation, then always indicate whether opposing counsel objects or agrees. Be sure to include a copy of the Motion/Stipulation when requesting a hearing. 3. Always provide the Judge with a COPY of the any e-filed Motion with a proposed Order, envelopes and copies directly to our address above. Do not send any originals. (Use YOUR FIRM S return address on the conforming envelopes.) File the original motion through the eportal; do NOT file the blank proposed Order through the eportal. 4. Always obtain approval from opposing counsel for proposed Orders and set forth specifically in your cover letter that the opposing party has no objection to the form or entry. DO NOT STATE THAT A copy has been provided to opposing counsel without any indication as to whether you have received their approval. 5. DO NOT ask the Court to hold ANY document or proposed Order awaiting objection from another party. 6. Documents filed through the eportal are NOT provided to the Judge s office at this time. If you want the Judge s office to receive it, you MUST SEND IT DIRECTLY TO THE JUDGE by regular mail or by . If you are filing a Notice/Motion for Trial a copy to me. If you are filing an ex parte Motion with a proposed Order, send a copy of the Motion (do not send originals to the Court), proposed Order, copies and envelopes (with your firm s return address) directly to me at the address listed at the beginning of this document. PLEASE DOUBLE CHECK TO MAKE SURE THAT THE NUMBER OF ENVELOPES MATCHES THE NUMBER OF INDIVIDUALS TO RECEIVE COPIES AND VICE VERSA. General Preferences/Instructions Page 5

6 ADDITIONAL PRACTICE PREFERENCES 1. COURTROOM DEMEANOR. Professionalism, civility, integrity nothing less will be tolerated. Administrative Order No. PA/PI-Cir-99-46: Standards of Professional Courtesy for the Sixth Judicial Circuit will be STRICTLY enforced. Professionalism and courtesy is expected and always appreciated, at all times. 2. E PORTAL: ALL Motions must be submitted to the Clerk of the Court through the eportal BEFORE requesting a hearing time. DO NOT SEND BLANK, PROPOSED ORDERS THROUGH THE EPORTAL. 3. HEARINGS: Scheduling hearings in Section 11 are done through with the Judicial Assistant, Teresa McCreary at tmccreary@jud6.org. The movant shall provide the Court with a copy of the Motion (no originals), notice of hearing and any and all pertinent documentation pertaining to the motion at least 3 days prior to the hearing date. They must be sent by mail, overnight or whatever mode you choose to have them delivered to our office. NOT . Note: Do NOT consider that a document filed through the eportal will go to the Judge. ALWAYS provide a copy to this office regardless of whether it is filed through the eportal. To Cancel a Hearing, tmccreary@jud6.org and request a cancellation providing the case name, number, date and time of hearing and reason for cancelation. You will receive an confirmation of the cancellation. If you cancel a hearing and you do not receive a confirmation, in writing, from the Judicial Assistant prior to the hearing date/time, professional courtesy dictates that you will appear for the hearing as scheduled and inform the Judge of the cancellation. Failure to appear at a scheduled hearing may result in sanctions. 4. DEPOSITION DISPUTES: Attempt an immediate telephone hearing, otherwise, certify question and set hearing. 5. UNIFORM MOTION CALENDAR (CIVIL AND FORECLOSURE) (FIVE MINUTES TOTAL!): This calendar is ONLY FOR 5 MINUTE, NON-EVIDENTIARY HEARINGS. PHONE ATTENDANCE AT UMC HEARINGS IS NOT PERMITTED. General Preferences/Instructions Page 6

7 6. TELEPHONE HEARINGS: Personal appearance is always preferred and encouraged; however telephone hearings will be permitted on non-evidentiary matters upon request and approval (a Motion and Order are NOT necessary). You should advise the Judicial Assistant by when submitting your request for the hearing that you or opposing counsel wish to attend by phone. In the event telephone attendance is approved, as per Rule of Judicial Administration, 2.071, hearings by telephone must be set forth as telephonic in the notice of hearing. The party filing the notice shall be responsible for advising the Court and all parties of the telephone hearing and which attorney(s) will be attending by phone. If there are more than two parties attending by phone, the scheduling party is responsible for coordinating a conference call. The number to use for hearings is (727) or (727) or (727) , Opt 1. If there are dial-in instructions for the Judge to use for a conference call, advise the Judicial Assistant by as soon as the information is available. 7. EXPEDITED HEARING TIMES: If you need a hearing time earlier than what is shown on the hearing list, a copy of the Motion to the Judicial Assistant with your request for an emergency/expedited hearing time setting forth the reason. 8. EMERGENCY MOTIONS (All): A COPY OF THE EMERGENCY MOTION to the Judicial Assistant and then await instructions. Opposing counsel/party is to be provided with a copy of any Emergency Motions in the same manner as the Court, unless lawful reasons exist that prevent notice are stated in motion. It is important to put the words: EMERGENCY MOTION first in the subject line of your so that it will be seen quickly. Marking them with high priority does not accomplish this task. 9. PROPOSED ORDERS (See Attached): DO NOT SEND BLANK, PROPOSED ORDERS THROUGH THE EPORTAL. We do not have the capability of reviewing proposed Orders through the Clerk s docket yet. Although some Judges are allowing you to upload proposed Orders through JAWS, Judge Campbell is not doing so at this time. You MUST provide your cover letter and motion and a proposed Order, copies and envelopes (with YOUR FIRM S return address) directly to the Judge at the address listed at the top of this document. DO EVERYTHING POSSIBLE TO MAKE YOUR ORDER ON ONE PAGE. If more than one page, the second page MUST NOT contain only the Judge s signature. Additional pages must contain at least a reference to the case number and also all pages must be numbered. General Preferences/Instructions Page 7

8 (a) All proposed Orders MUST be pre-approved by opposing counsel BEFORE forwarding to the Court, AND so stated in the cover letter. We do not HOLD orders to wait for the other side to object. We do not call you if a hearing is required on a motion it will be sent back with instructions that it must be set for hearing. If you cannot agree on the language of an Order, include the reason for the disagreement in your cover letter. (b) ENVELOPES: ALL CONFORMING ENVELOPES MUST CONTAIN THE RETURN ADDRESS OF THE FIRM SUBMITTING THE DOCUMENT. 10. MEDIATION (a) Civil: All cases must go to mediation prior to being set for jury or nonjury trial. Cases are automatically referred to mediation upon the filing of a Notice for Trial. (See Preferred Notice to Set for Trial, attached.) (b) Foreclosures: Managed Mediation is no longer offered as an option. Any cases being referred for foreclosure will be ordered through the Alternative Dispute Resolution (ADR) Department of the Court. 11. MOTIONS TO COMPEL (ex parte): When a Motion to Compel alleges a complete failure to object or respond to discovery, and there has been no request for extension, an ex parte order, without hearing, may be entered requiring compliance with the original discovery demand within (10) ten days of the signing of the Order. Movant shall include a COPY of the good faith effort communication and YOU DO NOT NEED TO ATTACH COPIES of the subject discovery request in the copy of the Motion that you submit to the Judge for review; however, the rules do require you to file a copy to the Motion that is filed through the eportal. Send is a copy of the Motion, not the original. 12. MOTIONS TO WITHDRAW: Motions to Withdraw will be considered by the Court without hearing only if your client has executed a RECENT (within 30 days) consent to the attorney s withdrawal. Otherwise, the Motion must be set for hearing with notice to all parties. Attached is a copy of the form preferred by Judge Campbell. If withdrawing from more than one individual or company, a separate Order should be entered for each. 13. INDEPENDENT MEDICAL EXAMINATIONS: In order to resolve most IME/CME issues, the Court has a standard Order which can be submitted with a Motion on an ex parte basis. Attached is a copy of the form Order preferred by Judge Campbell. You may request an Order in Word format from the Judicial Assistant. General Preferences/Instructions Page 8

9 TRIAL PROCEDURES Section 11 has available complete instructions on trial procedures and practices. Please request a copy from the Judicial Assistant. It includes directions for audio/visual usage and exhibit marking. A copy of the Trial Preferences is attached. 14. NON-JURY TRIALS: Request a time for non-jury trials by to the Judicial Assistant (tmccreary@jud6.org). The necessity of a formal pretrial is made on a case by case basis. the judicial assistant with the case information and amount of time being requested to secure a date. For all General Civil Cases, mediation is required prior to the setting of non-jury trials. Upon receipt of the Notice/Motion to Set a Non-Jury Trial in the general civil case, if the case has not been to mediation an Order of Referral to Mediation will be entered. FORECLOSURES Foreclosures: See Administrative Orders for Foreclosures at Beginning July 1, 2015, the Foreclosure Division previously located in the St. Petersburg Judicial Building will be closed. The specifics as to the distribution of cases remaining in Section 33 as of June 30, 2015, are set forth in the Administrative Order which can be viewed at Beginning April 10, 2015, the Clerk of the Court will begin reassignment of foreclosure cases. From April 10, 2015 through June 30, 2015, the Summary Screen of Odyssey may still reflect the name of the prior Judge assigned to the case; however, there will be a flag visible and you MUST CLICK ON THAT FLAG to confirm which Judge you should contact for hearings. Hopefully, by July 1, 2015, the summary page will have been updated and you can again rely on that information. In Section 11, for Judge Campbell, any cases filed from 2013 to the present (In Section 11 Only) shall be scheduled before Judge Campbell, including all Non-Jury Trials, Summary Judgment Hearings and regular Motion hearings. No hearings for any cases for Judge Campbell in Section 11 which bear a filing date of from 2013 through the present shall be scheduled in any other section. General Preferences/Instructions Page 9

10 ALL HEARINGS SCHEDULED BEFORE JUDGE CAMPBELL SHALL BE NOTICED FOR (Hearing Location): Pamela A.M. Campbell St. Petersburg Judicial Building st Avenue North 3 rd Floor, Courtroom E St. Petersburg, FL ALL MAIL BEING SENT TO JUDGE CAMPBELL SHALL BE SENT DIRECTLY TO (Mailing Address): Teresa M.O. McCreary, JA Pamela A.M. Campbell St. Petersburg Judicial Building st Avenue North Room 300 St. Petersburg, FL General Preferences/Instructions Page 10

11 Circuit Section 11 Motions to Set/Not Set for Hearing Teresa M.O. McCreary Judicial Assistant to Pamela A.M. Campbell Circuit Court Judge St. Petersburg Judicial Building 545 1st Avenue North, Room 300 St. Petersburg, FL Hearings: 3 rd Floor, Courtroom E Date: March 27, 2015 MOTIONS THAT DO NOT NEED TO BE SET FOR HEARING (Motions No Hearing Needed) Motions/Notices to Set Case for Jury Trial: Please file the original Notice/Motion through the eportal and a copy to me. If the case has already been to mediation, please state in the Notice/Motion that it has been to mediation, the date and that it reached an impasse. If it has not been to mediation, you should also state that in the Notice/Motion, as well. Also state the number of days being requested and the type of case (Auto Negligence, Nursing Home, etc.) Motions to Compel (no response): If the Motion is pertaining to any type of discovery that has been propounded to which no response has been received AFTER a documented good-faith effort has been made to obtain the discovery. DO NOT ATTACH A COPY OF THE DISCOVERY WHEN SENDING TO THE COURT, but DO ATTACH a copy of the good-faith effort documentation. You do have to attach a copy of the discovery to the Motion that is being e-filed and sent to opposing counsel. Motion to Withdraw (with consent under 30 days): If you have a consent to the withdrawal that is signed within 30 days of the request for the withdrawal, you may file the motion through the eportal and then send me a copy of the Motion, the proposed Order, copies and envelopes (with your firm s return address) directly. The Judge has a preference as to the Order used for withdrawals. Forms attached. Motions to Set/Not Set for Hearing Page 1

12 Motions to Substitute Party Plaintiff (with all documentation and no other attorneys): The Motion may be considered ex parte IF the motion has attached documentation confirming the transfer(s), AND there are no attorneys other than Plaintiff s counsel who have appeared in this case or if accompanied by a Stipulation. NOTE: If the Motion is granted, the style of the case will NOT be changed and should not be requested in your motion. Fink v. Holt, 609 So.2d 1333, 1335 (4th DCA 1993) (citing Henry P. Trawick, Jr., Florida Practice and Procedure (1991 ed.), 6.2). DO NOT SUBMIT MOTIONS EX PARTE IF THERE IS OPPOSING COUNSEL. IT WILL BE RETURNED AND YOU WILL HAVE TO SET IT FOR HEARING. Stipulations to Dismiss and proposed Orders OR Motions to Dismiss Case, Release Lis Pendens, and/or to Return Original Documents: You should file the original Motion/Substitution through the eportal. D O N O T S E N D M E A N Y O R I G I N A L D O C U M E N T S. Then send a copy of the Motion/substitution, proposed Order, copies of the Order, copies of the pages to be replaced (for foreclosures), and envelopes, with your firm s return address and a Final Disposition Form, if appropriate (settlement has been reached between ALL parties and no Judgment has been entered to date). Motions for Entry of Default Final Judgment or Stipulations for Entry of Default Final Judgment (with all supporting documentation): These Motions/Stipulations may be submitted to the Court with ALL of the supporting documentation for consideration. The Court will consider them ex parte; however, the Court may review it and then ask that it be set for hearing. File the original Motion through the eportal, provide a copy of the Motion, proposed Order, copies and envelopes (with your firm s return address), along with the original Final Disposition Form directly to me at the address located at the top of this document. Motions to Set Mediation (with no objection from any other party): Regular Civil and Foreclosure Mediation requests do not have to be set for hearing unless there has been an objection from opposing counsel. You should file the original motion through the eportal, then a copy to me. The Motion should specifically set forth that the parties agree to the mediation and that there are no objections. All cases are now referred to regular civil mediation through ADR. Managed Mediation is no longer scheduling foreclosure cases. Motions to Reschedule Foreclosure Sale: If a request is being made to ONLY re-set a foreclosure sale that was previously canceled and not re-set, please submit the original Motion through the eportal and then provide a copy of the Motion to me along with a proposed Order (be sure the Order has a place for the new date) and the time should ALWAYS be 10:00 a.m.) The Order must also have the website address for the sale: Please provide adequate number of copies of the Order, and envelopes (with your firm s return address) directly to me at the address located at the top of this document. Motions to Set/Not Set for Hearing Page 2

13 MOTIONS THAT MUST BE SET FOR HEARING MOTIONS HEARING ALWAYS NEEDED Motions to Compel Non Standard Discovery: Motions to Compel regarding depositions or production from a non-party must be set for hearing with notice to all parties. Motion for Protective Order: ALWAYS me a copy of the Motion with your request for a hearing. Whether an Emergency or not, these Motions must be set for hearing with notice to all parties. You should send me a copy of the Motion via with your request for an expedited hearing. The Judge will consider the Motion and I will let you know earliest dates and times provided by the Judge. Motions to Cancel/Reschedule Foreclosure Sale: You should file the original Motion through the eportal and a copy of the Motion to me. After review, the Court will let you know if a hearing must be set or not. ALL Motions to Cancel MUST also contain a rescheduled date, unless the case is also being dismissed. Always reference the original sale date in the Motion AND the proposed Order. Motions to Withdraw (no consent or consent older than 30 days): If there is no client consent, the Motion must be set for hearing with at least 7 days notice to the client. If there is no objection from opposing counsel(s), please provide a copy of their communication indicating that they have no objection and will not be attending the hearing. If the client consent is more than 30 days old, you must set the Motion to Withdraw for hearing and the attorney making the request MUST BE PHYSICALLY PRESENT AT THE HEARING No Phone Attendance. Preferred forms of the Order are attached. Motions to Substitute Party Plaintiff (incomplete documentation or if an attorney has appeared for any other party): If there is a gap in the documentation being provided as to the transfer of ownership OR if there is an attorney who has appeared for ANY of the defendants, the Motion must be set for hearing with notice to all parties. Motion to Set Mediation (if there are objections from any party): If there are any objections from any party, the Motion must be set for hearing with notice to all parties. When making a request for the hearing, please note that there is an objection. Motions to Dismiss: All Motions to Dismiss must be set for hearing with notice to all parties. Motions to Set/Not Set for Hearing Page 3

14 Motions for Summary Judgment: All Motions for Summary Judgment must be set for hearing with the required statutory notice to all parties. Motions to Set/Not Set for Hearing Page 4

15 PREFERRED FORM FOR NOTICE FOR TRIAL Preferred Form: Notice to Set Case for Jury Trial Page 1

16 Preferred Form: Notice to Set Case for Jury Trial Page 2

17 FORM ORDER GRANTING MOTION TO WITHDRAW FOR CORPORATION ORDER GRANTING MOTION TO WITHDRAW THIS CAUSE came before the Court upon the Motion to Withdraw as Counsel for the Plaintiff/Defendant,, by, Esquire, and the law firm of. The Court has reviewed said Motion and the Court file and is otherwise duly advised in the premises. It is therefore ORDERED as follows: 1. The Motion to Withdraw as counsel for the Plaintiff/Defendant,, by, Esquire, and the law firm of, is hereby GRANTED, and the aforesaid attorney and law firm are hereby permitted to withdraw as attorney for the Plaintiff/Defendant,, in this action. 2. The Plaintiff/Defendant,, shall have 30 (thirty) days from the date of this Order to retain new counsel and to have that attorney file a Notice of Appearance with the Clerk of the Court. Corporations may only appear through counsel. Nicholson Supply Co. v. First Federal Savings & Loan Association of Hardee County, 184 So.2 nd 438 (Fla. 1966). A failure by the Plaintiff/Defendant,, to timely obtain new counsel within the time set forth above may result in a dismissal of this action or the Court entering an Order for the relief sought, without further notice. ORDERED at St. Petersburg, Pinellas County, Florida, on, Pamela A.M. Campbell Circuit Judge Copies furnished to: Preferred Form: Order Granting Motion to Withdraw from a Corporation

18 FORM ORDER GRANTING MOTION TO WITHDRAW FOR AN INDIVIDUAL ORDER GRANTING MOTION TO WITHDRAW THIS CAUSE came before the Court upon the Motion to Withdraw as Counsel for the Plaintiff/Defendant,, by, Esquire, and the law firm of. The Court has reviewed said Motion and the Court file and is otherwise duly advised in the premises. It is therefore ORDERED as follows: 1. The Motion to Withdraw as counsel for the Plaintiff/Defendant,, by, Esquire and the law firm of, is hereby GRANTED and afore-named attorney and law firm are hereby permitted to withdraw as attorney for the Plaintiff/Defendant,, in this action. 2. All future correspondence and pleadings for the Plaintiff/Defendant shall be sent to: Defendant Name(s) Address Telephone ORDERED at St. Petersburg, Pinellas County, Florida, on. Copies furnished to: Pamela A.M. Campbell Circuit Judge Preferred Form: Order Granting Motion to Withdraw for an Individual

19 FORM ORDER ON MOTIONS TO COMPEL COMPULSORY OR INDEPENDENT MEDICAL EXAMINATIONS ORDER COMPELLING RULE EXAMINATION Pursuant to Florida Rule of Civil Procedure 1,360, ( Examinations of Persons ), Defendant s counsel has notified Plaintiff s counsel that the Plaintiff,, is requested to be present for a non-invasive medical examination as follows: Examiner: Address: Date: Time: Scope: INVOLVED: THE FOLLOWING CONDITIONS ARE TO BE OBSERVED BY ALL PARTIES 1. This examination is not a deposition so the examiner shall be limited to that information reasonably necessary to conduct the specialty-appropriate examination and evaluation of an individual, including a brief medical history as well as present complaints. The examination is to be limited to the specific medical or psychological conditions in controversy and unless modified by another court order, such examination will be the only exam for the specific condition(s) or issues in controversy (without limiting the possibility of multiple specialties). No invasive testing shall be performed without informed consent by the Plaintiff/examinee, or further Order of Court. Preferred Form: Order Compelling Rule Examination Page 1

20 2. The examinee will not be required to complete any lengthy information forms upon arrival at the examiner s office. The examinee will furnish the doctor with name, address, and date of birth. Questions pertaining to how the Plaintiff was injured, and where and how the Plaintiff sustained the injuries complained of, are permitted. Questions pertaining to fault, when the Plaintiff hired his/her attorney, who referred the Plaintiff to any doctor, and what the Plaintiff told his attorney or any investigators are NOT permitted. 3. It shall be the defense attorney s responsibility to provide the examiner with all medical records, imaging studies, test results, and the like, which the defense wants the examiner to review and rely upon as part of the examination. Unless he or she has exclusive control of any original records or imaging studies, Plaintiff shall not be required to bring anything to the exam other than valid identification (e.g., Driver s License, Official Florida Identification Card or government-issued Passport). 4. Plaintiff is permitted to have his/her attorney (and spouse or parent, or other representative) present for the examination, provided that only one of these listed non-attorney persons may attend. Such person(s) may unobtrusively observe the examination, unless the examiner or defense counsel establishes a case-specific reason why such person s presence would be disruptive, and that no other qualified individual in the area would be willing to conduct the examination with such person present. In the case of a neuropsychological exam, all observers shall watch and Preferred Form: Order Compelling Rule Examination Page 2

21 listen from an adjacent room if available, or by video feed. If the examination is to be recorded or observed by others, the request or response of the examinee s attorney shall include the number of people attending, their role, and the method(s) of recording. 5. Plaintiff s counsel may also send a court reporter or a videographer to the examination, provided that claimant s counsel notifies defense counsel at least 10 days in advance of the identity, either by proper name or by title (e.g., videographer from XYZ Reporting Service). It is the duty of the defense counsel to relay this information to the examiner s office personnel. 6. Neither Defendant s attorney nor any of Defendant s representatives may attend or observe, record or video the exam. Only if the video is identified as impeachment material for use at trial may the defense counsel obtain a copy. The medical examiner shall not be entitled to any payment of an additional or accommodation fee from the Plaintiff or his/her counsel, simply because of the presence of legally permitted third parties. The Court shall reserve ruling as to whether such costs, if imposed by an examiner, may be properly recoverable by the Defendant as a taxable cost, or otherwise awarded by the Court. 7. If a videotape or digital recording is made of the examination by counsel for Plaintiff, it is considered work-product, and neither the defense nor the examiner is entitled to a copy, unless and until same is designated as (or reasonably expected to become) trial evidence, subject to discovery only upon a showing of need and undue hardship. Use of the video or DVD is limited specifically to the instant litigation. At the close of litigation, including any appeal, Preferred Form: Order Compelling Rule Examination Page 3

22 all copies shall be destroyed unless counsel convinces the Court (and an order is entered) that there is some compelling reason for either party, or the examiner, to retain a copy. 8. Neither Plaintiff s counsel, nor anyone else is permitted to be present, shall interject themselves into the examination unless the examiner seeks information not permitted by this Order. If Plaintiff s counsel speaks openly or confers privately with the examinee, and this disrupts the exam or causes the examiner to terminate the examination, counsel may be subject to sanctions. 9. The report of the examiner shall be sent to Plaintiff s counsel, as required by Rule 1.360(b), within 30 days of the examination but in no event less than 21 days before the beginning of trial, unless otherwise agreed between counsel for the parties or ordered by the court due to special problems. Unless a Plaintiff s treating or retained expert has revised or supplemented an opinion after his/her report or deposition, the examiner shall not change, amend, or supplement the opinions set forth in said report during any testimony (deposition or trial) he may give in reference to his examination of the Plaintiff, without providing a supplemental report, which must be provided to Plaintiff s counsel at least 15 days before trial. Violation of this provision may result in the limitation or striking of the examiner s testimony. 9(a) If the examination involves neuropsychological testing: In addition to the report, the examiner shall provide all raw data, including copies of all notes, tests, tests results, scoring, and test protocols, to Plaintiff s treating or retained psychologist or neuropsychologist, who must return them to the defense examiner at the conclusion of the case. Preferred Form: Order Compelling Rule Examination Page 4

23 10. All protected health information generated or obtained by the examiner shall be kept in accordance with HIPPA requirements and shall not be disseminated by the examiner or defense counsel to any other person or entity not a party to this case without a specific order from this Court. 11. Defense counsel must provide the examiner with a copy of this Order and explain the need for the examiner s compliance. As a condition of performing the examination, the examiner shall agree to provide responses to FRCP 1.280(b)(4)(A) inquiries, once such interrogatories or Requests to Produce are propounded by Plaintiff. ORDERED at St. Petersburg, Pinellas County, Florida, on this day of, Copies furnished to: Pamela A.M. Campbell Circuit Judge Preferred Form: Order Compelling Rule Examination Page 5

24 Trial Preferences Page 1

25 Trial Preferences Page 2

26 Trial Preferences Page 3

27 Trial Preferences Page 4

28 SUBMITTING PROPOSED ORDERS TO THE COURT PROPOSED ORDERS As the result of a hearing: By , send: A cover letter referring to the date of the hearing and setting forth that opposing counsel(s) have reviewed the proposed Order and have no objection to the form or entry. The proposed Order in Word format By Mail, send: A cover letter referring to the date of the hearing setting forth that opposing counsel(s) have reviewed the proposed Order and have no objection to the form or entry. Proposed Order and enough copies for each party to receive one Envelopes (with YOUR FIRM S return address and postage) for each party to receive a copy of the Order. For a hearing scheduled in the future: By Mail only, send: A copy of the Notice of Hearing Proposed Order and enough copies for each party to receive one Envelopes (with YOUR FIRM S return address and postage) for each party to receive a copy of the Order. For Stipulations with Proposed Orders: File the original, fully executed Stipulation through the eportal. By , send: Attach a copy of the Stipulation. Attach a proposed Order (in Word format) Attach a copy of your cover letter setting forth that the original Stipulation has been filed through the eportal and that opposing counsel(s) has reviewed the proposed Order and has no objection to the form or entry By mail, send: A copy of the Stipulation Proposed Order and enough copies for each party to receive one Envelopes (with YOUR FIRM S return address and postage) for each party to receive a copy of the Order. Copies to: Section should ALWAYS set forth either the individual names of the recipients/attorneys OR refer to an Attached Service List. It should NEVER state All Parties or Attorneys of Record. The address for the attorneys do not need to be included; however, the address of any nonparty must be included. Each attorney s name should be followed by their eservice address