Judge Kimberly Musselman
Individual Rules, Standing Orders & Policies
Limits & Logistics
Courtesy Copies
Emergency Motion
- Upon Filing
Notice of Hearing
- Same Day Before Close of Business
Amended Notice of Hearing, Cross Notice of Hearing
Court-wideMotion
Court-wide- Within 10 Days After Service
Adjournments
- A party seeking to continue trial must contact the opposing party 15 days before trial; if there is no objection, the moving party must submit a proposed order for court approval.
Communication
Chambers
Phone
Chambers
Document Format Requirements2 rules
Order must be in Word format (.docx extension); No additional formatting – text boxes, macros, etc.; There cannot be any attachments to the proposed Order.
- File type
- Word
Formatting
- •No additional formatting, including text boxes or macros
A proposed set of jury instructions, including verdict form(s) along with any requested special instruction and verdict form(s), must be provided in Word format as directed before the pretrial conference.
Document Filing Requirements15 rules
A notice of hearing shall specify the exact matter to be heard.
All other correspondence, including but not limited to any pleadings, shall be submitted to the Clerk of Court with a proper certificate of service.
- Document
- Other correspondence and pleadings
Must include
- •Certificate of service
Except for motions relating to “short matters” or issues not requiring a hearing, all other pretrial motions shall include a memorandum of law.
An emergency motion filed with the Clerk of Court shall set out the basis for the emergency relief, with a copy of the motion submitted to the judicial assistant.
Submissions for the listed matters must state that the opposing party reviewed the proposed submission and has no objection to its form or content.
Court's wording
The following matters need not be set for a hearing and may be submitted via E-Portal (the submission shall specify that the opposing party has reviewed the proposed submission and has no objection to the form or content of the proposed order): i) Stipulated Orders; ii) Agreed-to Order for Substitution of counsel or Party; or iii) Consented Motion to withdraw as counsel.
A proposed-order submission must state whether the opposing party reviewed the submission and has no objection to its form or content.
Court's wording
All proposed orders should be submitted through the E-portal. The submission shall specify whether the opposing party has reviewed the proposed submission and has no objection to the form or content of the proposed submission.
The certificate of service in the motion should therefore include a statement by the parties did put forth the effort to discuss the issues contained in the motion.
- Document
- Motion
Should include
- •Certificate of service
Note: A verified emergency motion will be set for an immediate hearing by the judicial assistant – possibly even on the same date as receipt of the emergency filing notification.
Judge’s signature block: “…use the phrase Done and Ordered on DDDD in… and JJJJ where the judge's signature should be, no need for line or title.”
- Document
- Proposed order
- Placement
- Signature block
For a pro se party, the proposed order must include language requiring the plaintiff to mail the order to each self-represented party within five days of e-service and file counsel’s signed certificate of delivery.
Court's wording
Please add the following language above the Judge’s signature block: “It is further; ADJUDGED that within five (5) days from the date of e-service of this Order, the Plaintiff shall: 1. Furnish a copy of this Order to each self-represented party by U.S. Mail, first class, postage paid; and 2. File a certificate signed by Plaintiff’s counsel that delivery of this Order has been made as set forth herein.”
At the pretrial conference - in the event the Court grants the motion to continue the case to a new pretrial conference date - kindly provide the Court with your proposed Order within two business days.
A copy of the exhibit list shall describe each marked exhibit shall be provided to the Court and the opposing party prior to the commencement of the actual trial.
If parties are unable to agree, then each side shall file a separate proposed complete set of jury instructions and verdict form(s) citing to the specific standard jury instruction rule number.
The judge cannot enter data into the proposed Order (i.e., granted/denied; attorney’s fees; costs).
To preserve the record, each proposed jury instruction should be itemized and set out separately per page with the following notation on the bottom of the page: “granted; denied; modified; withdrawn”.
Filing & Service rules
Electronic Filing Rules
Except as otherwise provided or authorized by court order, only a cover letter accompanied by a proposed order may be filed through the E-Portal.
Except as otherwise set out herein or as authorized by the Court via an Order, only a cover letter along with a proposed order shall be filed through the E-Portal.
Page 4 | 2.2 Submission of correspondence/pleadings
Stipulated orders, agreed-to substitution orders, and consented motions to withdraw need not be set for hearing and may be submitted through E-Portal with the required statement about the opposing party’s review and lack of objection.
The following matters need not be set for a hearing and may be submitted via E-Portal (the submission shall specify that the opposing party has reviewed the proposed submission and has no objection to the form or content of the proposed order): i) Stipulated Orders; ii) Agreed-to Order for Substitution of counsel or Party; or iii) Consented Motion to withdraw as counsel.
Page 7 | 5.6 Matters not requiring a Hearing
Proposed orders should be submitted through E-Portal, and the submission must specify whether the opposing party reviewed it and has no objection to its form or content.
All proposed orders should be submitted through the E-portal. The submission shall specify whether the opposing party has reviewed the proposed submission and has no objection to the form or content of the proposed submission.
Page 7 | 6.1 E-Portal submissions
Filing Timing and Cure Windows
A proposed order must be provided within two business days after the Court grants the motion to continue the case to a new pretrial conference date.
At the pretrial conference - in the event the Court grants the motion to continue the case to a new pretrial conference date - kindly provide the Court with your proposed Order within two business days.
Page 9 | 8.2 Request to Continue Trial
Provide the proposed jury instructions, verdict forms, and requested special instructions before the pretrial conference.
A proposed set of jury instructions, including verdict form(s) along with any requested special instruction and verdict form(s), must be provided in Word format as directed before the pretrial conference.
Page 10 | 9.3 Jury Instructions
Unless an unforeseen circumstance arises, motions in limine must be filed and heard at least five business days before trial.
Absent an unforeseen circumstance, all motions in limine must be filed and heard at least five (5) business days prior to the actual trial date.
Page 10 | 9.2 Motions in limine
If a demonstrative aid is objected to, the parties must be available for a hearing at least one day before jury selection.
If an objection is raised, the parties must be available for a hearing at least one (1) day before jury selection.
Page 10 | 9.1 Exhibits
Service and Proof of Service Rules
A hearing cancellation notice must be filed and furnished to the opposing party.
Notice of cancellation of the hearing shall be filed and furnished to the opposing party.
Page 4 | 3.1(b) Cancellation of a Hearing
The plaintiff must mail a copy of the order to each self-represented party within five days of e-service and file counsel’s signed certificate that delivery was made.
“It is further; ADJUDGED that within five (5) days from the date of e-service of this Order, the Plaintiff shall: 1. Furnish a copy of this Order to each self-represented party by U.S. Mail, first class, postage paid; and 2. File a certificate signed by Plaintiff’s counsel that delivery of this Order has been made as set forth herein.”
Page 8 | 6.1(b) If a Party is “pro se”
The moving party is responsible for serving all non-registered pro se parties.
C E RT IFI CA T E O F S E R VI C E I HEREBY CERTIFY that copies have been furnished via filing with the Florida Courts E-Filing Portal only on MMMM. The Moving party is responsible for the service of all non-registered pro-se parties.
Page 8 | 6.1(b) If a Party is “pro se”
Courtesy Copy Requirements
Deliver a courtesy copy of the notice of hearing to the Judicial Assistant before close of business on the day it is e-filed.
Once a hearing date is provided, a courtesy copy of notice of hearing shall be delivered to the judicial assistant before close of business on the same day that it is efiled with the Clerk’s Office.
Page 4 | 3.1(a) Notice of Hearing
A copy of an emergency motion must be submitted to the judicial assistant.
An emergency motion filed with the Clerk of Court shall set out the basis for the emergency relief, with a copy of the motion submitted to the judicial assistant.
Page 7 | 5.5 Emergency motions
Pre-Motion Conference Requirements
The parties should make a good-faith effort to reach agreement about a pretrial discovery matter before filing a motion.
There should be a good-faith endeavor to reach a joint agreement regarding a pretrial discovery matter before the filing of the actual motion.
Page 7 | 5. PRE-TRIAL MOTIONS / LEGAL MEMORANDUMS
Adjournment & Extension Requirements
A party seeking to continue trial must contact the opposing party 15 days before trial; if there is no objection, the moving party must submit a proposed order for court approval.
If a party seeks to continue a trial, said party shall fifteen (15) days prior to the actual trial date contact the opposing party regarding this request. If no objection is raised, a proposed order shall be submitted to the Court for approval by the moving party.
Page 11 | 9. TRIAL ISSUES
If an objection is raised to a motion to continue trial, the motion must be set before the Court.
In the event an objection is raised, the motion to continue shall be set before the Court.
Page 11 | 9. TRIAL ISSUES
Chambers Communication Rules
Do not email the Judge because doing so constitutes ex parte communication.
Clearly, no e-mails should be sent to the Judge’s email address as such an act would constitute an ex-parte communication resulting in immediate redress by the Court.
Page 3 | 2.1 Communications with Judicial Assistant
Evidentiary hearings may be scheduled only through the Judicial Assistant.
Scheduling of evidentiary hearings can only be set by the Judicial Assistant.
Page 5 | 3.3 Motions requiring an evidentiary hearing
Schedule summary judgment motions by contacting the Judicial Assistant by email.
Scheduling of motions for summary judgment needs to be set by contacting the Judicial Assistant through email.
Page 5 | 3.2 Motions for Summary Judgment
Except for the stated motion categories and other provisions, a video appearance request and contact with the Judicial Assistant for instructions must be made at least five business days before the hearing; otherwise, the party or counsel must appear in person if video cannot be coordinated.
Except for motions for summary judgment, motions for attorney’s fees/costs, or as otherwise set out herein, a party and/or counsel may appear via video conferencing for a pretrial hearing. However, such a request must be made at least five (5) business days before the scheduled hearing. If unable to coordinate an appearance through video conferencing, said party and/or counsel shall appear in person. The party and party’s counsel - if any- shall contact the judicial assistant at (321) 637-5604 or by email at least five (5) business days prior to the hearing date for instructions as to the procedure to appear by video conference.
Page 5 | 4.1 Procedure
Deliver legal memorandums, including any binders with exhibits or case law, to the Judge’s chamber at least ten business days before the hearing; late receipt may result in cancellation and resetting of the hearing.
All legal memorandums in support of a party’s position should be delivered to the Judge’s chamber no less than ten (10) business days prior to the actual hearing date. Receipt of memorandums (including binders containing exhibits and/or caselaw) outside the time period set forth above may result in the cancellation of the pretrial hearing, and resetting said hearing to a future date.
Page 6 | 5.2 Submission of memorandums
Email the Judicial Assistant only with brief requests for hearing dates and times, and do not include comments about case facts or law.
The best way to contact the Judicial Assistant is by email due to the high volume of calls in the county civil division. All communications or emails sent to the Judicial Assistant should be strictly limited to a brief request for hearing dates and times. Kindly refrain from additional comments or statements relating to factual or legal issues of the case.
Page 3 | 2.1 Communications with Judicial Assistant
Request hearing dates from the Judicial Assistant by email at the listed address and specify the hearing time needed based on a good-faith assessment.
A hearing date can be obtained by contacting the Judicial Assistant at by email at Henrietta.frazier@flcourts18.org. Parties are required to give a good-faith assessment of the time needed for a hearing. Please specify in the email the amount of hearing time needed.
Page 4 | 3.1 Scheduling of Hearings
The Judicial Assistant’s email address is Henrietta.frazier@flcourts18.org.
Email: Henrietta.frazier@flcourts18.org
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The Judicial Assistant’s office phone number is (321) 637-5604.
Judicial Assistant – Henrietta (Henri) Frazier / Office: (321) 637-5604
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For additional assistance or questions, contact the Senior Circuit Civil Case Manager by email or phone.
For additional assistance or questions, please contact Joanna Linkous, Senior Circuit Civil Case Manager at Joanna.linkous@flcourts18.org or (321)-633-2128.
Page 8 | 7. CASE MANAGEMENT CONFERENCE
Contact the presiding judge’s Judicial Assistant for scheduling needs.
Contact the presiding judge’s Judicial Assistant for your scheduling needs.
Page 1 | How to sign up for a JACS Account
If the desired docket is not listed in JACs, contact the Judicial Assistant.
If you don’t see the docket you are looking for within the JACs list, please get in touch with the Judicial Assistant.
Page 1 | Scheduling Hearings