Judge Ashley Wells Cox
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Courtesy Copies
All filings
- During Hearing or Trial
Courtesy copies
- At Least 3 Business Days Before Hearing or Trial
Filings <= 25 pages
Filings > 25 pages
- Hand Delivery
Adjournments
- Continuances are disfavored and require good cause, a request at least five days before the scheduled court date, and the requesting party's signature unless good cause excuses it.
Communication
Chambers
Phone
Clerk
Document Format Requirements4 rules
All proposed Orders must be submitted in Word docx format.
- File type
- Word
- Proposed order
Documentary exhibits must be submitted in paper format.
- File type
- Paper
- Exhibits
All exhibits must be tabbed, Bates stamped, and pre-marked in the following format: Case No. _2020-DR-22222 FM Petitioner/Respondent’s Exhibit No. _A__ Admitted as Exhibit ______ Date admitted __10/1/2020
- Exhibits
Formatting
- •Exhibits must be tabbed
- •Exhibits must be Bates stamped
Recordings must be submitted via a thumb drive.
Document Filing Requirements21 rules
A case in which the respondent was served by publication must include the applicable affidavit of diligent search.
Court's wording
Service by Publication: Cases wherein the Respondent has been served by publication must include an affidavit of diligent search, pursuant to Family Law Form 12.913(b) (for dissolution cases) or 12.913(c) (for paternity cases).
A notice of hearing for contempt must contain the quoted warning about a writ of bodily attachment and possible detention for up to 48 hours.
Court's wording
Pursuant to Rule 12.615(b), the notice of hearing must contain the following language: “FAILURE TO APPEAR AT THE HEARING MAY RESULT IN THE COURT ISSUING A WRIT OF BODILY ATTACHMENT FOR YOUR ARREST. IF YOU ARE ARRESTED, YOU MAY BE HELD IN JAIL UP TO 48 HOURS BEFORE A HEARING IS HELD.”
All notices of hearing will contain the ADA notification required by Florida Rule of General Practice and Judicial Administration 2.540.
In the event that a hearing is required, the party filing the motion(s) shall indicate that the parties met and conferred, and no resolution was reached or that the other party was unable to be contacted after due diligence, listing all attempts to contact the opposing party(s).
For trial-setting, the attorneys must jointly coordinate the ex parte hearing, serve the Notice of Ex Parte Hearing on all parties, and complete the Trial Set Memorandum Form.
Court's wording
Jointly the attorneys must: (1) coordinate a date and time certain with the Judicial Assistant for the ex parte hearing, (2) serve the Notice of Ex Parte Hearing on all parties (out-of-town attorneys may appear by zoom by requesting to do so), and (3) complete and submit to the Judicial Assistant the Trial Set Memorandum Form found on the web at https://www.jud4.org/ex-parte-dates-judge-s-procedures/duval-judges.
All consent Orders shall include the word “Consent” or “Agreed” in the caption of the proposed Order.
- Document
- Proposed order
- Placement
- Caption
The DONE AND ORDERED clause, along with the Court’s signature line, shall be on the same page.
- Document
- Proposed order
- Placement
- Signature block
Each proposed order must have a cover letter certifying unanimous agreement or identifying any disagreement about the order.
Court's wording
All proposed Orders must be accompanied by a cover letter either: (1) certifying that all parties agree to the order, or (2) containing a statement identifying any disagreement of the parties as to the proposed Order.
An emergency-hearing motion must identify the issues, explain the need for emergency relief, and state each party's required presentation time.
Court's wording
If a party believes there is a factual basis for setting an emergency hearing, a detailed motion setting forth the following must be filed: (1) the issues to be resolved, (2) reasons why an emergency hearing is necessary, and (3) the amount of time needed for each party’s presentation.
All such motions must be verified/sworn by the movant & signed by counsel, if applicable.
Division forms must be used for all relevant filings.
Certilicate of Counsel I, the undersigned attorney, do hereby certiff that I have reviewed the above court file and the above information and the required pleadings are filed with the Clerk of Court.
The uncontested-dissolution checklist calls for an answer and waiver, financial affidavit, UIFSA affidavit, counsel completion, a certificate concerning children, and a child-support-guideline worksheet to have been filed with the clerk.
Court's wording
1. Have the following documents been frled with the Clerk of Court? (enter check marks or docket number) I Answer and,Waiver I Financial Alfidavit I UeeJEA Affidavit" .. I Counse completion I Children certificate for I First in Divorce I :'i':t' ; I Child Support Guideline I Worksheet I
Pleadings to be heard and a list of issues (MUST LIST THE PLEADINGS AND DOCKET NUMBERS).:
NOTE: All parties seeking attorney’s fees at the time of final hearing or subsequent thereto must file a verified statement as to the manner of time spent, along with a detailed list of costs.
NOTE: If the issue of personalty is not settled prior to final hearing, each party shall submit to the Court a list of assets sought by each party, stating the specific description of such asset, the nature of the party’s interest, the amount of debt encumbering any asset (i.e., lien balance), and the fair market value or present balance of such asset. ATTACH LIST TO PRE-TRIAL STIPULATION.
NOTE: All parties seeking attorney’s fees at the time of final hearing or subsequent thereto must file a verified statement as to the manner of time spent, along with a detailed list of costs.
A. Mandatory UP-TO-DATE Financial Affidavits of each of the parties.
A notice of hearing involving any remote appearance will list the Judge’s Zoom link (except in Judge Mahon’s and Judge Healey’s divisions, where the attorneys must provide the ZOOM link to the Judicial Assistant and opposing counsel/party.)
The title of proposed Orders shall designate the particular motion heard, such as “Order Denying Wife’s Motion to Dismiss” or “Order Granting Husband’s Motion for Contempt,” etc.
The date of the proceeding should be included in the first paragraph of the proposed order.
Filing & Service rules
Electronic Filing Rules
In Judge Cox’s division proposed Orders should be submitted through the e-portal, unless your order falls under one of the exceptions below.
In Judge Cox’s division proposed Orders should be submitted through the e-portal, unless your order falls under one of the exceptions below.
Page 5 | F. Submission of Orders and Judgments
Filing Timing and Cure Windows
The completed Trial Set Memorandum must be emailed to the Judicial Assistant as an attachment at least 24 hours before the ex parte hearing.
The parties shall complete the form and submit it as an e-mail attachment to the Judicial Assistant at least 24 hours prior to the ex-parte hearing.
Page 4 | C. Setting Case for Trial
The parties must immediately notify the court in writing when a case settles so it can be removed from the trial calendar.
If the case is settled, the parties shall immediately notify the Court, in writing, so that it may be removed from the trial calendar.
Page 4 | C. Setting Case for Trial
Unless the Court provides otherwise, proposed orders must be submitted within five business days after the proceeding.
Unless otherwise provided by the Court, all proposed Orders must be submitted within five (5) business days of the proceeding.
Page 5 | F. Submission of Orders and Judgments
Counsel must request a remote appearance no later than five days before the scheduled hearing.
Counsel must submit a request for remote appearance to the Court no later than five (5) days prior to the scheduled hearing.
Page 4 | Remote Appearances
Service and Proof of Service Rules
Every opposing party must receive notice of a default final hearing.
The opposing party(s) must be noticed for all default final hearings.
Page 2 | B. Scheduling Procedures
A motion for rehearing or reconsideration must be filed with the Clerk and electronically served on the Judicial Assistant.
Motions for rehearing and/or reconsideration must be filed with the Clerk and e-served to the Judicial Assistant.
Page 4 | E. Motions for Rehearing
Only the party that set a hearing may cancel it; notice must be emailed to the Judicial Assistant and opposing counsel or party, and the cancellation must be confirmed with the Judicial Assistant.
Only the party setting a hearing may cancel it. Notification of cancellation must be emailed to the Judicial Assistant with a copy to opposing counsel/party. Cancellation of a hearing MUST be confirmed with and by the Judicial Assistant.
Page 4 | B. Scheduling Procedures
The attorneys must serve the Notice of Ex Parte Hearing on all parties.
Jointly the attorneys must: (1) coordinate a date and time certain with the Judicial Assistant for the ex parte hearing, (2) serve the Notice of Ex Parte Hearing on all parties (out-of-town attorneys may appear by zoom by requesting to do so), and (3) complete and submit to the Judicial Assistant the Trial Set Memorandum Form found on the web at https://www.jud4.org/ex-parte-dates-judge-s-procedures/duval-judges.
Page 4 | C. Setting Case for Trial
A notice of hearing must be filed and served immediately after hearing time is reserved.
Notice of Hearing: A notice of hearing will be filed and served immediately after reserving hearing time.
Page 3 | B. Scheduling Procedures
Anything submitted to the court should also be provided to the opposing party or counsel.
The opposing party or counsel should receive anything provided to the Court.
Page 6 | H. Exhibits and Courtesy Copies
Courtesy Copy Requirements
All hearing or trial submissions must reach the court at least three business days beforehand.
All submissions must be provided to the Court at least three (3) business days before the hearing/trial.
Page 6 | H. Exhibits and Courtesy Copies
Attorneys and self-represented litigants must provide enough copies of every exhibit for the clerk, court, and each party to use during the hearing or trial.
Attorneys and self-represented litigants must provide sufficient copies of each exhibit for the clerk, the Court, and each party to review during the hearing or trial.
Page 6 | H. Exhibits and Courtesy Copies
Any submissions 25 pages or less should be submitted via email for hearings being conducted via Zoom.
Any submissions 25 pages or less should be submitted via email for hearings being conducted via Zoom.
Page 6 | H. Exhibits and Courtesy Copies
Submissions exceeding 25 pages should be hand-delivered to the court's seventh-floor reception area or designated lobby cart.
Any submissions exceeding 25 pages should be hand-delivered to the Court, by dropping off documents at the 7th floor reception area OR in the designated cart in the Courthouse lobby.
Page 6 | H. Exhibits and Courtesy Copies
Pre-Motion Conference Requirements
Parties must meet and confer before filing any motion.
Duty to Meet and Confer: Parties shall meet and confer prior to the filing of all motions.
Page 3 | B. Scheduling Procedures
A moving party must fully comply with First Administrative Order 88-2 before filing a motion to compel under Rule 1.380 or Rule 12.380.
Motions to Compel: Before filing a Motion to Compel pursuant to Rule 1.380 or Rule 12.380, the moving party must fully comply with First Administrative Order 88-2.
Page 3 | B. Scheduling Procedures
A motion to set a trial or a hearing lasting more than one hour must be submitted for setting during ex parte hours.
Motions to set a trial and motions to set hearings lasting more than one hour shall be set with the Court during ex parte hours.
Page 4 | C. Setting Case for Trial
Adjournment & Extension Requirements
Continuances are disfavored and require good cause, a request at least five days before the scheduled court date, and the requesting party's signature unless good cause excuses it.
Continuance Procedure: Continuances are disfavored and will be granted only upon good cause shown. A request for continuance must be submitted at least five (5) days prior to the scheduled court date. Except for good cause shown, the motion must be signed by the party requesting the continuance, as required by Florida Rule of General Practice and Judicial Administration 2.545(e).
Page 3 | B. Scheduling Procedures
Chambers Communication Rules
Self-represented parties must communicate through their assigned case manager and ordinarily may not contact the Judicial Assistant unless the Judicial Assistant requests the contact.
Self-represented Parties: Self-represented parties must communicate with the Court through their assigned case manager (https://www.jud4.org/family-court-services/self-help/staff- information). Self-represented parties are not permitted to contact the Court’s Judicial Assistant unless such contact is requested by the Judicial Assistant.
Page 1 | A. Communications with the Judicial Office
Communications with the judicial office generally may not be ex parte or made outside the presence of all parties unless authorized by law.
Ex parte Communications: All communications with the judicial office must comply with Canon 3 of the Code of Judicial Conduct, which prohibits a judge from initiating, permitting, or considering ex parte communications and from considering other communications outside the presence of all parties concerning a pending or impending proceeding, unless authorized by law.
Page 1 | A. Communications with the Judicial Office
All communications to the judicial office must be emailed to the Judicial Assistant with specified subject-line information and all parties copied unless an ex parte communication is authorized by law.
Method of Communication: All communications to the judicial office must be submitted by e-mail to nponder1@coj.net. The subject line of the e-mail to the judicial office must contain the case number, case name, and relevant matter (e.g., 2024 DR 001234 – Doe v. Doe – 2-Hour Hearing Requested). All parties must be copied on any e-mail directed to the judicial office, unless an ex parte communication is authorized by law.
Page 1 | A. Communications with the Judicial Office
An attorney requesting a hearing must email the Judicial Assistant and copy any other attorney on the email.
An attorney requesting a hearing shall contact the Court’s Judicial Assistant with any other attorney copied on the email.
Page 2 | B. Scheduling Procedures
A request for a default final hearing must be coordinated with the Judicial Assistant.
Default Final Hearings must be coordinated with the Judicial Assistant.
Page 2 | B. Scheduling Procedures
An ex parte hearing must be scheduled by emailing the Judicial Assistant.
Please contact the Court’s Judicial Assistant via email to schedule an ex-parte hearing.
Page 2 | B. Scheduling Procedures
A hearing lasting one hour or less may be scheduled by emailing the Judicial Assistant, copying the opposing side and including the case number, motion title, and requested hearing duration.
Hearings lasting one hour or less may be set by contacting the Judicial Assistant. Please copy the opposing side on the email and include the case number, the title of the motion to be heard, and the amount of time necessary for the hearing.
Page 2 | B. Scheduling Procedures
Temporary Needs Hearing Information: All temporary needs issues are to be set before the General Magistrate. You may call the dedicated number (904) 255-1180 between the hours of 9:00 a.m. and 4:00 p.m. to schedule temporary needs hearings before the Magistrates.
Temporary Needs Hearing Information: All temporary needs issues are to be set before the General Magistrate. You may call the dedicated number (904) 255-1180 between the hours of 9:00 a.m. and 4:00 p.m. to schedule temporary needs hearings before the Magistrates.
Page 3 | B. Scheduling Procedures
Cases requiring an interpreter cannot be heard during ex parte proceedings and must be scheduled by email with the judicial assistant.
CASES REQUIRING AN INTERPRETER WILL NOT BE HEARD DURING EX PARTE. CONTACT THE JA, by email, TO SCHEDULE THESE.
Civil cases
Page 1 | Cases Requiring an Interpreter