Judge Mirman s Civil Non-Jury Trial Docket Court Procedures (amended March 3, 2014)

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1 Judge Mirman s Civil Non-Jury Trial Docket Court Procedures (amended March 3, 2014) 1. SETTING CASES ON THE TRIAL DOCKET: I expect and assume that the lawyers and pro-se litigants on both sides of a case are busily working to complete discovery and negotiation before filing a notice for trial. Though I realize that this is not legally required, I expect you to file your notice for trial when the case is really ready to be tried and not before, unless you believe that the opposing side (counsel or pro-se litigant) should be ready for trial, but has been dilatory in preparation etc. Similarly, though the law does not preclude filing a notice before you complete mediation, I expect you to complete mediation (or moving to excuse it for good cause) prior to filing your notice for trial. Mediation is required for all cases, unless excused by the court in a particular case. It is possible to convince me, in the appropriate case to excuse the requirement, but generally mediation is strongly favored. The mediation rules are listed below. Once a notice is filed and the case is placed on the trial docket, consistent with the belief that truly ready cases are present on the trial docket, continuances will be very sparingly granted. My goal is to keep the docket numbers low and not spend a lot of time at docket call hearing requests for continuances, while at the same time moving cases that are ready, or should be ready, to be tried. 2. BACK UP TRIAL CASES BE READY! at the docket call, cases will be set for actual trial dates along with back-up cases. Cases not heard on a trial week will roll over to the next month s trial week. Attorneys should be in close contact with attorneys whose cases are in front of them in the trial order. My judicial assistant will keep and update a posted list on my website of the cases that were set for trial and the backups. Her update will notate when cases have settled. It is counsel s responsibility to check the website. Check the website and be in contact with counsel ahead of you, rather than call the J.A. Be ready to proceed as a backup litigant! 3. UMC AND SPECIAL SET HEARINGS both are to be set using the online system. UMC motions are non-evidentiary and five minutes per side (including reading memos etc.) Please do not abuse this procedure. You may use courtcall for UMC without court permission. You need court permission to appear telephonically for a special set hearing. If I deny your request to appear telephonically at a special set hearing it most likely means that I am aware of the issue to be heard and I feel your assistance in person will assist me in deciding the issue. With regard to UMC hearings, comply with Administrative Order 94-10, see below. Consistent with that A.O., I only read memoranda in relation to special set hearings. If you have an important matter requiring briefing and my thought and attention before I hit the bench, it probably should not be set on UMC. 4. WHEN SUBMITTING BRIEFS ON MOTIONS - I expect and assume that you want me to actually read your memos, so prepare and file them well in advance of your hearing. I will be accessing the case materials by computer, so I prefer that you file your memos in advance with the clerk, and not send me a hard copy. If your hearing is upcoming and you want me to read your brief, you can advise my Judicial Assistant by that the memo is online with the clerk and that you would like for me to review it prior to the hearing. I like to read them on the computer as opposed to being inundated with papers. Another option is to send the memo, or response, by to my J.A., who will pass it on to me. Some lawyers have sent digital notebooks in Adobe format to my J.A. These often have included tabs for exhibits on the left hand side of the display. Those have been very useful. The Martin County Clerk scans materials into her system, which I access to read case material. When you attach caselaw to anything, highlight the portions you want me to see. Do not reasonably expect any judge to read an entire case and fish for your cited proposition. If your case goes to trial, I will instruct you in court on my preferred method of getting me your proposed judgment with findings of fact.

2 5. INITIAL PLEADING ISSUES with rare, appropriate exception, matters will be ruled upon without a court hearing. 6. CASE MANAGEMENT will only be done at the request of a litigant, otherwise I expect and assume that the lawyers are busily working to complete discovery and negotiation before filing a notice for trial. You can special set a case management using the online-set method. 7. DISCOVERY AND SANCTIONS I expect attorneys to do their utmost to avoid unnecessary discovery dispute litigation and I understand the law s emphasis on sanctions in the civil rules. Make sure you certify your good faith effort to communicate and resolve discovery disputes. Please consider whether it is appropriate to hear your discovery matter on UMC. If the matter requires thorough understanding of the context of the litigation, and involves multiple sub-issues, it may not be appropriate for UMC. 8. SETTLEMENT OF CASES: If your case settles after you have received an order setting a case for trial please first immediately notify the Court s Judicial Assistant by , rosas@circuit19.org and follow up with a letter advising of settlement. 9. PHONE CALLS: Due to the diversity and volume of cases in this assignment, please do not call the judicial assistant to ask if an order has been entered or if the court has received your package S AND FAXES: We prefer s over phone calls. Please ensure that any and all s sent to the Judicial Assistant are also sent and copied to all opposing counsel to prevent an ex parte communication. Cancellation of a UMC hearing must be done by ing the Judicial Assistant at rosas@circuit19.org Please do not fax this office without prior approval of the judicial assistant. Any materials or motions that are mailed to the court must be sent by U.S. Mail, courier, overnight express, etc. The only exceptions are: a letter to the Court advising that a case set on the Court s Calendar Call or weekly Trial Calendar has settled; emergency matters: and materials requested by the Court. MEDIATION RULES MEDIATION. Counsel must confer and select a mediator and the date, time and place for mediation. Counsel for the Plaintiff must coordinate the mediation conference and must submit an order setting mediation to the Court, along with the necessary copies and stamped envelopes, including an envelope for the mediator. The following rules for mediation apply, and must either be specifically listed in the mediation order or be incorporated in it by reference: a. The personal appearance of counsel who will try the case and their clients (a management representative if a corporate party) with full authority to enter into a full and complete compromise and settlement is mandatory. An insured party must have a fully authorized representative, not just the attorney for the insurance company, attend the mediation conference. The insurance representative must have written authority to settle the case up to the policy limits, and must present the authority to the mediator at the beginning of the mediation session. b. The Court will impose sanctions for all parties that do not personally attend the conference. The participants must be prepared to spend as much time as is necessary to settle the case or until an impasse is declared by the mediator. c. The parties may present a brief written summary of the facts and issues to the mediator five (5) days before the conference. d. All discussions, representations and statements made at the mediation conference are privileged as settlement negotiations.

3 e. Unless agreed otherwise by the parties, the mediator must be compensated equally by the parties.

4 (Mediation will not be required in any case where the sole claim is for forfeiture under F.S. Sec if both parties stipulate that it would not be fruitful.) IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT IN AND FOR MARTIN, ST. LUCIE, INDIAN RIVER AND OKEECHOBEE COUNTIES IN RE: Uniform Motion Calendars and Ex Parte Discovery Enforcement in the General Circuit Civil Division _/ ADMINISTRATIVE ORDER NO It has been determined by the Judges within this Circuit that certain motions filed in the General Circuit Civil Division may be considered in a more expeditious manner and that there would be a substantial benefit to the Judges, attorneys and parties if uniform procedures were adopted so as to expedite these matters. It is therefore, pursuant to Rule 2.050, Florida Rules of Judicial Administration; ORDERED AND ADJUDGED as follows: 1. Every Judge assigned to the General Circuit Civil Division has the authority to establish, maintain, and enforce a Uniform Motion Calendar, and to enter Ex Parte orders enforcing discovery pursuant to the terms of this Order. 2. If a Judge decides to establish a Uniform Motion Calendar, the following requirements shall be followed. A. Prior to setting a matter on the Uniform Motion Calendar, the party or attorney noticing the motion shall attempt to resolve the matter and shall certify the good faith attempt to resolve in the notice of hearing. B. Hearings are strictly limited to ten (10) minutes per case. If two parties, each side is allowed five (5) minutes; if more than two (2) parties, time will be allocated by the Judge. The time limitation shall include the time necessary for the Judge to review documents, memorandums and cases. C. Except for default and final judgments matters, the court file will not be available at the Uniform Motion Calendar. The moving party shall furnish to the Judge, at the hearing (unless the presiding Judge orders the copies be delivered at an earlier date), a copy of the motion to be heard and the notice of hearing. All parties shall also furnish to the Judge copies of all documents, pleadings or citations which they desire the Judge to consider. D. Counsel shall not schedule motions on the Uniform Motion Calendar with the Judge s Judicial Assistant, but shall send written notice and a copy of the motion to opposing counsel (or parties if under represented) in accordance with the applicable rules of procedure in default and final judgment matters ONLY a copy of the notice of hearing and a copy of the motion to be heard shall be DELIVERED to the Clerk, marked ATTENTION UNIFORM MOTION CALENDAR, at least four (4) business days before the hearing. The Clerk shall bring to the file to the hearing. However, this requirement should not be construed as otherwise deviating from proper notice requirements set forth in procedural or statutory mandates. E. Any party requesting relief shall bring to the hearing and furnish the court with a prepared, proposed form of order and sufficient copies with stamped addressed envelopes for all parties. F. A sign-up sheet shall be provided in the courtroom and the sequence of hearings will be set by the Judge, in consultation with the bailiff and Clerk, in the order of appearance of the first party. Failure of any party to appear shall not prevent a party from proceeding with a hearing when the case is called. If a party called for hearing chooses to wait for the absent party, the matter may be passed over until the end of the motion calendar. However, if the Judge is out of time, the issue may be

5 continued. G. No testimony shall be allowed at Uniform Motion Calendars. H. The presiding Judge has absolute discretion in the administration of the Uniform Motion Calendar. I. Failure to comply with procedure designated in this Order may result in the hearing being stricken from the docket. 3. When a motion to compel alleges a complete failure to respond or object to discovery, and there has been no request for extension, an Ex Parte order may be entered requiring compliance with the original discovery demand within ten (10) days of the signing of the order. The movant shall submit the proposed order with sufficient copies and self addressed stamped envelopes for all parties and shall also certify that notice of the requested relief was provided to the opposing counsel. 4. This Order shall remain in effect until further Order of this Court. 5. Each of the respective Clerks within this Circuit shall appropriately file and record this Order and implement procedures to comply with it.