Fourth Judicial Circuit of Florida, Clay, Duval and Nassau Counties
Court-Level Rules, Filing Procedures & Policies
Limits & Logistics
Courtesy Copies
Trial or Hearing Set Memo
Communication
Clerk
Phone
Chambers
Document Format Requirements3 rules
The Court’s signature page shall contain substantive language, not just a signature page, and allow sufficient space for an electronic signature.
It shall be counsel’s responsibility to make sure each item of evidence is appropriately labeled prior to hearing.
Formatting
- •Each item of evidence must be appropriately labeled before the hearing
Exhibits to be entered into evidence by stipulation shall be pre-marked as numbered exhibits. All other exhibits shall be pre-marked for identification purposes as lettered exhibits.
- Exhibits
Formatting
- •Exhibits entered into evidence by stipulation must be premarked as numbered exhibits
- •All other exhibits must be premarked as lettered exhibits for identification
Document Filing Requirements30 rules
Motions must appear on Clerk’s docket prior to requesting hearing time. Clerk’s docket number required.
Counsel shall file a notice of hearing within 3 days of hearing confirmation that meets all requirements of Rule 2.530(b), including the specific form of communication technology and directions for access.
Hearings over one hour require a motion to set.
For non-evidentiary hearings exceeding 30 minutes, evidentiary hearings, trials, and requests for presentation of testimony through communication technology, a motion is required pursuant to Rule 2.530(b)(2), Fla. R. Gen. Prac. & Jud. Admin.
Consent or agreed motions shall state such in the motion.
Pretrial Stipulation is required and must be submitted three days prior to pretrial conference.
The proposed order shall include: 1) title with subject matter of the pleading or motion; 2) the date of the hearing, if any; 2) the name of the motion heard and date in which it was filed; and 3) page numbers.
Certificate of service must reflect copies of motion and hearing provided to client.
- Document
- Motion to withdraw
Must include
- •Certificate of service
All parties required to receive a copy of the order shall be so listed on the last page of the order with either their designated email address or mailing address (preferred method).
The motion must appear on the Clerk’s docket prior to submitting a proposed order.
Requests for relief must be in the form of a motion or pleading and filed with the Clerk.
Once confirmed, Counsel must immediately file a Notice of Cancellation of the hearing.
Plaintiff’s exhibit list is attached as Exhibit A. Defendant’s exhibit list is attached as Exhibit B.
Include
- •Exhibit list
Plaintiff’s witness list is attached as Exhibit E. Defendant’s witness list is attached as Exhibit F.
Plaintiff’s witness list is attached as Exhibit C. Defendant’s witness list is attached as Exhibit D.
NOTE: All parties seeking attorney's fees at the time of trial or final hearing or subsequent thereto must file verified statements as to the manner and time spent, along with a detailed list of costs.
Financial Affidavits, Florida Family Law Rules of Procedure form 12.902(b) or (c), shall be filed in accordance with Florida Family Law Rule of Procedure 12.285.
SHOULD YOU WISH TO SEEK REVIEW OF THE RECOMMENDED ORDER MADE BY THE GENERAL MAGISTRATE, YOU MUST FILE A MOTION TO VACATE IN ACCORDANCE WITH RULE 12.490(e), FLORIDA FAMILY LAW RULES OF PROCEDURE.
The Order of Referral must be signed by the Circuit Judge prior to the hearing.
THE PERSON SEEKING REVIEW MUST HAVE THE TRANSCRIPTPREPARED FOR THE COURT’S REVIEW.
The General Magistrate’s recommended order must include findings of fact, conclusions of law, and the court reporter’s name, telephone number, and email address if a reporter is used.
Court's wording
The General Magistrate is authorized to administer oaths and conduct hearings, which may include taking of evidence, and shall submit a recommended order to the court that includes findings of fact and conclusions of law, and the name of the court reporter, if any their telephone number and e-mail address.
A HEARING WILL NOT BE HELD WITHOUT AN APPROPRIATE ORDER OF REFERRAL.
YOU WILL BE REQURIED TO PROVDE THE COURT WITH A RECORD SUFFICIENT TO SUPPORT YOUR MOTION TO VACATE, OR YOUR MOTION WILL BE DENIED.
A RECORD ORDINARILY INCLUDES A WRITTEN TRANSCRIPT OF ALL RELEVANT PROCEEDINGS UNLESS WAIVED BY ORDER OF THE COURT PRIOR TO ANY HEARING ON THE MOTION TO VACATE.
The Circuit Judge must enter an Order of Referral to the Magistrate.
Have actually filed an appropriate pleading or motion requesting relief;
Have already filed a financial affidavit on behalf of his/her client (if any financial relief is being sought, including attorney’s fees);
Motions to Appoint Process Server are processed by the Clerk. File a motion and the Clerk will generate an order appointing process server.
Motions to Compel/protective order may not be canceled.
The joint pretrial stipulation must include a concise factual statement of the action, including accrual information, party identities, each party’s case or contention, and information about claims, counterclaims, cross-claims, and third-party claims.
Court's wording
2. Statement of the Case. Concise factual statement of the nature of the action, which shall include the date and place of accrual, identity of parties as they relate to the action and a brief general statement of each party's case or contention. The statement shall be in such form and contain such necessary information of the claims to be tried, including any counter-claims, cross-claims, or third party claims:
Filing & Service rules
Electronic Filing Rules
Unless the court orders otherwise, agreed or unopposed proposed orders other than default final judgments must be submitted through the e-portal.
Unless otherwise ordered, all agreed/unopposed proposed orders (except default final judgments) shall be submitted through the e-portal.
Page 2 | Proposed Orders
Default final judgments must be submitted to the court by mail.
Default final judgments must be submitted to the Court by mail as the rule requires the Court to mail.
Page 3 | Cancellations/Settlement
Filing Timing and Cure Windows
Counsel must file a compliant notice of hearing within three days after hearing confirmation, identifying the communication technology and providing access directions.
Counsel shall file a notice of hearing within 3 days of hearing confirmation that meets all requirements of Rule 2.530(b), including the specific form of communication technology and directions for access.
Page 1 | Civil Scheduling
Proposed orders for remote-hearing requests must be submitted at least one week before the hearing.
All proposed orders must be entered no less than one week prior to hearing so that court calendars may be printed and published without further changes.
Page 1 | Civil Scheduling
Counsel may not file a notice of hearing until the court confirms the hearing by email.
Prospective dates are provided for counsel to coordinate and are not held or guaranteed until a confirmation email is received. Please do not file a notice of hearing until hearing confirmation is provided.
Page 1 | Civil Scheduling
The pretrial stipulation must be submitted three days before the pretrial conference.
Pretrial Stipulation is required and must be submitted three days prior to pretrial conference.
Page 2 | Pretrial Stipulation
Evidence may not be filed with the clerk until the court admits it into evidence.
Evidence should not be filed with the Clerk until it is admitted into evidence by the Court.
Page 2 | Motion Practice / Evidence Submission
A motion or order to cancel a sale must be received at least three days before the sale date.
Motion/Order to Cancel Sale must be received no less than 3 days prior to sale date.
Page 2 | Motion Practice / Evidence Submission
Case-related hearing materials should be mailed or hand-delivered to the court no later than five days before the hearing.
Hearing materials, binders, foreclosure packets. All case related materials (binders, case law, foreclosure packets, etc.) should be mailed or hand delivered to the Court no later than five (5) days prior to hearing.
Page 2 | Motion Practice / Evidence Submission
Evidence for a Zoom hearing must be delivered to the court at least five business days before the hearing.
Evidence for Zoom hearings shall be delivered to the Court a minimum of five (5) business days prior to hearing.
Page 2 | Motion Practice / Evidence Submission
Within 30 days after the order, Plaintiff must either retain counsel who files a written appearance or file written notice of self-representation.
Within 30 days from the date of this Order, Plaintiff shall either:
Page 1 | ORDER GRANTING MOTION TO WITHDRAW
A party opposing referral to the General Magistrate must file a written objection within 10 days after service of the order.
IF YOU DO NOT WANT TO HAVE THIS MATTER HEARD BEFORE THE GENERAL MAGISTRATE, YOU MUST FILE A WRITTEN OBJECTION TO THE REFERRAL WITHIN 10 DAYS OF THE TIME OF SERVICE OF THIS ORDER.
Civil cases
Page 1 | ORDER OF REFERRAL TO GENERAL MAGISTRATE
When the order is served within the first 20 days after service of process, the objection period extends until the responsive pleading is due.
IF THIS ORDER IS SERVED WITHIN THE FIRST 20 DAYS AFTER SERVICE OF PROCESS, THE TIME TO FILE AN OBJECTION IS EXTENDED TO THE TIME WITHIN WHICH A RESPONSIVE PLEADING IS DUE.
Civil cases
Page 1 | ORDER OF REFERRAL TO GENERAL MAGISTRATE
When the hearing is scheduled less than 10 days after service of the order, the objection must be filed before the hearing begins.
IF THE TIME SET FOR THE HEARING IS LESS THAN 10 DAYS AFTER THE SERVICE OF THIS ORDER, THE OBJECTION MUST BE FILED BEFORE THE COMMENCEMENT OF THE HEARING.
Civil cases
Page 1 | ORDER OF REFERRAL TO GENERAL MAGISTRATE
The moving party’s attorney should fax the GMA a cancellation notice as soon as possible when a hearing must be canceled.
If it becomes necessary to cancel a hearing, the attorney representing the moving party should fax a notice of cancellation to the GMA as soon as possible.
Civil cases
Page 1 | Temporary Needs and Faculties
Service and Proof of Service Rules
The court cannot use electronic service as the sole method for a party who has not filed a Notice of Designation of Email Address.
If a party has not filed a Notice of Designation of Email Address, the Court cannot e-serve the party as the sole means of service.
Page 2 | Proposed Orders
All further papers and pleadings shall be served by mail to Plaintiff’s designated email address(es) or, if none, to Plaintiff’s mailing address, pursuant to paragraph six above. Service shall be complete upon mailing or emailing.
All further papers and pleadings shall be served by mail to Plaintiff’s designated email address(es) or, if none, to Plaintiff’s mailing address, pursuant to paragraph six above. Service shall be complete upon mailing or emailing.
Page 1 | Plaintiff’s obligations after withdrawal of counsel
Counsel must serve the specified order-related documents on Plaintiff by USPS and email and file a certificate of service with the clerk.
Counsel shall serve a copy of this order, together with a copy of the Case Management Order Setting Projected Trial Date and Case Management Deadlines, any Order Setting Trial and Pretrial, and any current Notices of Hearing to Plaintiff by United States Postal Service and email, and file a certificate of service confirming the same with the Clerk of the Court.
Page 1 | Plaintiff’s obligations after withdrawal of counsel
A timely objecting party must serve the objection on all parties, the division judge, and the general magistrate.
If a timely objection is filed by either party, the objecting party must serve a copy of the objection on all parties, the division judge and the general magistrate.
Civil cases
Page 1 | ORDER OF REFERRAL TO GENERAL MAGISTRATE
The opposing party must already have been served before the hearing is scheduled.
Have already served the opposing party;
Civil cases
Page 1 | Temporary Needs and Faculties
All pro se parties must serve a designation of a primary email address, and may obtain the form from the clerk of court.
Pursuant to Fla. R. Gen. Prac. & Jud. Admin. 2.516(b)(1)(C), all pro se parties must serve a designation of a primary e-mail address and may obtain a form to do so from the Clerk of Court.
Page 3 | Pro Se Litigants
Courtesy Copy Requirements
For hearings exceeding one hour, counsel must complete a trial or hearing set memo and email a courtesy copy to the judicial assistant.
Hearings over 1 hour: Complete a trial/hearing set memo form and email a courtesy copy to the JA for the Court’s consideration.
Page 1 | Case Management Order/Motions to Set for Trial / Lengthy Hearings
Chambers Communication Rules
All scheduling must be conducted by email with the clerk.
All scheduling is conducted by email (DurhamL@clayclerk.com).
Page 1 | Civil Scheduling
Emergency motions may be emailed to the judicial assistant for court review.
Emergency motions may be emailed to the Judicial Assistant for the Court’s review.
Page 3 | Emergency Motions/Petitions
Proposed orders subject to this direction must be emailed directly to the judicial assistant.
Proposed orders under advised shall be emailed directly to the JA.
Page 2 | Proposed Orders
The court must be notified upon settlement so the case can be removed from the trial docket.
Please notify the Court upon settlement to remove the case from the trial docket.
Page 3 | Cancellations/Settlement
The court will not consider ex parte communications by telephone, email, or mail.
The Court is unable to consider ex parte communication, including telephonic, email and mail.
Page 3 | Pro Se Litigants
A pro se plaintiff must notify the clerk of any change in mailing or designated email address within 10 days.
During the time period set forth in paragraph 3 above, or in the event the Plaintiff elects to represent himself/herself by filing the written notice referenced in paragraph 3 above, Plaintiff is responsible for notifying the Clerk of the Court of any change in mailing address, or designated email address(es), within ten (10) days of the change.
Page 1 | Plaintiff’s obligations after withdrawal of counsel
Attorneys may schedule temporary-needs-and-faculties hearings by calling 904-255-1180 Monday through Thursday between 10:00 a.m. and 2:00 p.m.
Attorneys may call 904-255-1180 between the hours of 10:00 a.m. and 2:00 p.m. Monday through Thursday in order to schedule a hearing on temporary needs and faculties with the Magistrate.
Civil cases
Page 1 | Temporary Needs and Faculties