Judge Gary L. Wilkinson
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Courtesy Copies
Motion
Motion, Proposed Order
Notice of Settlement or Dismissal
- Email • Immediately Upon Filing
Pro Se filings
Communication
Chambers
Clerk
Phone
Court-wideDocument Format Requirements2 rules
All evidence must be brought in hard copy on the day of trial and must include a completed Exhibit List form.
- File type
- Paper
- Trial evidence
Proposed Orders may be submitted via e-mail to the Judicial Assistant in Word format.
- Proposed order
Formatting
- •Word format
Document Filing Requirements18 rules
A written good-cause motion and proposed consent order are required to participate in an evidentiary hearing through Zoom or other communication technology.
Court's wording
counsel must seek leave of Court by filing a written motion setting forth good cause to grant the motion pursuant to Rule 2.530(b)(2), Fla. R Gen. Prac. & Jud. Admin. and providing a courtesy copy of the Motion and a proposed Consent Order to the Court via electronic mail.
A written motion seeking leave to appear remotely and a proposed consent order are required for a non-evidentiary hearing longer than 30 minutes.
Court's wording
counsel must seek leave of Court by filing a written Motion and providing a courtesy copy of the Motion setting forth good cause to grant the Motion pursuant to Rule 2.530, Fla. R Gen. Prac. &. Jud. Admin. and proposed consent Order to the Court via electronic mail.
Counsel must file with the Notice of Hearing a “Certificate of Conferral Prior to Scheduling the Motion for Hearing” certifying that the meet and confer occurred (or did not occur and setting out the good faith attempts to schedule the conference) and identifying the date of the conference, the names of the participating attorneys, and the specific results obtained.
- Document
- Notice of hearing
Must include
- •Certificate of conference
The letter must state that opposing counsel/unrepresented party has been provided with the same materials being provided to the Court and whether opposing counsel/unrepresented party agrees with the language of the proposed Order.
Every proposed order presented after a hearing must include a cover letter identifying the order and confirming that the same materials were provided to opposing counsel or unrepresented parties and stating whether they agree with the proposed order.
Court's wording
ALL PROPOSED ORDERS PRESENTED FOLLOWING HEARING, whether submitted to the Court in writing or via email as contemplated supra, MUST INCLUDE A COVER LETTER INDICATING: 1. What the Order is for (i.e. the case, the motion heard, including date and time, the title of the Order, etc.); and 2. That all opposing counsel/unrepresented parties have been provided with the same materials being provided to the Court, and whether the parties agree with the language of the proposed Order.
If the motion is granted, the attorney moving to withdraw shall prepare a written order setting forth the client’s last known address, telephone number, and email address.
All Motions to Withdraw must set forth reasons for withdrawal and be set for hearing, with proper notice to the client, in accordance with Fla. R. Gen. Prac. & Jud. Admin. 2.505(f)(l), and all parties/attorneys.
All Substitutions of Counsel, even if they are within the same firm, must include the client’s written signature indicating knowledge and consent.
As an alternative, counsel may certify three good-faith attempts to contact opposing counsel about resolving the motion without a hearing, together with the date and time of each attempt.
Court's wording
I HEREBY CERTIFY that a lawyer in my firm with full authority to resolve this matter attempted in good faith to contact opposing counsel in person, by telephone, or by communication technology on: 1. ___ (Date)_____________ at ____(Time)________; 2. ___ (Date)_____________ at ____(Time)________; 3. ___ (Date)_____________ at ____(Time)________; to discuss resolution of this motion without a hearing and the lawyer in my firm was unable to speak with opposing counsel.
The certifying lawyer must state that an authorized firm lawyer had a substantive, good-faith discussion with opposing counsel before the motion was noticed for hearing, but no agreement was reached.
Court's wording
I HEREBY CERTIFY that a lawyer in my firm with full authority to resolve this matter had a substantive conversation in person, by telephone, or by communication technology with opposing counsel on [enter date] in a good faith effort to resolve this motion before the motion was noticed for hearing but the parties were unable to reach an agreement.
All evidence must be brought in hard copy on the day of trial and must include a completed Exhibit List form.
- Document
- Trial evidence
Must include
- •Exhibit list
Agreed/Consent/Stipulated Orders must show on its face that all interested Parties consent or do not object and will contain signatures of the Parties.
In cases where the parties will be exercising shared parental responsibility, the Parenting Plan must include language in compliance with Fla. Stat. 61.13(2)(b)3.a.
Requests for relief must be in the form of a motion or formal pleading and filed with the Clerk of the Court.
For an entity client, the withdrawal order should notify the entity that it cannot proceed pro se through its owners, officers, directors, managers, or other representatives.
Court's wording
If the client is a corporation or other entity, the order should also contain a provision putting the client who is a business entity, trustee or a trust, personal representative of an estate, or otherwise named in a representative capacity, not an individual person, on notice that it cannot represent itself pro se through is owners, officers, directors, managers, or other representatives in Circuit Court.
In addition, the order should provide the client a reasonable time period to retain an attorney.
The service list on the Order must contain e-filing addresses for opposing counsel/unrepresented parties.
Proposed agreed or consent orders, or orders on motions not objected to, without a hearing may be submitted to the Court with a cover letter, which must be copied to all opposing counsel/unrepresented parties.
Filing & Service rules
Electronic Filing Rules
Proposed orders must be submitted to the court through the e-Portal.
Proposed Orders are to be submitted to the Court via the e-Portal.
Page 5 | VI. PROPOSED ORDERS FOLLOWING A HEARING
Filing Timing and Cure Windows
After hearing confirmation, the movant must file and email a notice of hearing within three business days.
Once your hearing is confirmed, the movant will have three (3) business days in which to file a notice of hearing and email a copy to the Judicial Assistant.
Page 2 | II. SETTING HEARINGS:
A proposed order must be submitted to the court within seven days of the hearing, with a copy provided to opposing counsel.
must be submitted to the Court within seven (7) days of the hearing, with a copy to opposing counsel.
Page 5 | VI. PROPOSED ORDERS FOLLOWING A HEARING
Pretrial stipulations must be submitted to the court three days before the pretrial conference.
Pretrial Stipulations are required to be submitted to the Court 3 days prior to the pretrial conference.
Page 2 | TRIAL PROCEDURES
If counsel is asked to prepare an order, the order must be drafted and circulated to opposing counsel within three working days.
If counsel is asked to prepare an order, the order should be drafted and circulated to opposing counsel within three (3) working days
Page 5 | VI. PROPOSED ORDERS FOLLOWING A HEARING
Service and Proof of Service Rules
The opposing counsel or party must be copied on emails to the Court’s Office, or the inquiry may not be considered.
The opposing counsel/party must be copied on any emails, without which the inquiry may not be considered.
Page 3 | PRO SE LITIGANTS
The opposing counsel or party must be copied on all correspondence and pleadings filed, or the inquiry may not be considered.
The opposing counsel/party must be copied on any correspondence and pleadings filed, without which the inquiry may not be considered.
Page 3 | PRO SE LITIGANTS
Courtesy Copy Requirements
To present testimony through Zoom or other communication technology at an evidentiary hearing, counsel must file a good-cause motion and provide the motion and proposed consent order to the court by email.
Should counsel desire to participate in an evidentiary hearing and present testimony through Zoom or other communication technology, regardless of the duration of the hearing, counsel must seek leave of Court by filing a written motion setting forth good cause to grant the motion pursuant to Rule 2.530(b)(2), Fla. R Gen. Prac. & Jud. Admin. and providing a courtesy copy of the Motion and a proposed Consent Order to the Court via electronic mail.
Page 2 | II. SETTING HEARINGS:
To appear by telephone or Zoom at a non-evidentiary hearing longer than 30 minutes, counsel must file a written motion seeking leave, provide an emailed courtesy copy stating good cause, and provide a proposed consent order by email.
Should counsel desire to attend a non-evidentiary hearing scheduled for more than thirty (30) minutes via telephone or Zoom, counsel must seek leave of Court by filing a written Motion and providing a courtesy copy of the Motion setting forth good cause to grant the Motion pursuant to Rule 2.530, Fla. R Gen. Prac. &. Jud. Admin. and proposed consent Order to the Court via electronic mail.
Page 2 | II. SETTING HEARINGS:
When a case settles or is voluntarily dismissed, counsel must immediately email the Judicial Assistant a courtesy copy of the e-filed Notice of Settlement or Dismissal.
If a case settles or is voluntarily dismissed, please provide the Court’s Judicial Assistant with a courtesy copy of an e-filed Notice of Settlement or Dismissal immediately by email to allow the Court to free up hearing/trial time for other cases.
Page 4 | V. SETTLEMENT OR DISMISSAL OF CASES
A courtesy copy of the motion, joint stipulation, or related material underlying a proposed order must be provided.
A courtesy copy of the motion, joint stipulation, etc. related to the proposed Order must be provided.
Page 5 | VII. PROPOSED AGREED OR CONSENT ORDERS, OR ORDERS ON MOTIONS NOT OBJECTED TO, WITHOUT A HEARING
A hearing request must include a courtesy copy of the motion and its docket number.
Attach a courtesy copy of the motion and reference the docket number;
Page 1 | SCHEDULING HEARINGS
When pro se litigants are involved, proposed orders must be mailed with the required copies and self-addressed stamped envelopes for distribution to all parties.
If there are pro se litigants, you are required to mail-in proposed Orders along with providing the required amount of copies and self-addressed stamped envelopes for distribution for all parties.
Page 2 | PROPOSED ORDERS
Pre-Motion Conference Requirements
Counsel must conduct a substantive meet-and-confer before scheduling a hearing on motions in Circuit Civil Division F, subject to the listed motion-type exceptions.
A mandatory meet and confer process is hereby established as set forth below, for all motions to be set for hearing in Circuit Civil Division F and to occur before scheduling the hearing except for the following motions: injunctive relief without notice; judgment on the pleadings; default, default final judgment, default summary judgment; summary judgment; or to permit maintenance of a class action.
Page 3 | Meet and Confer Requirement Prior to Scheduling a Hearing on the Motion
The attorney scheduling the hearing is responsible for arranging the required conference.
Counsel who schedules the hearing shall arrange the conference.
Page 3 | Meet and Confer Requirement Prior to Scheduling a Hearing on the Motion
Chambers Communication Rules
A hearing request must be emailed to the Judicial Assistant, copied to the required counsel or pro se parties, and include the case number, motions, docket numbers, and requested hearing duration.
The party requesting the hearing shall email the Court’s Judicial Assistant at claxtonk@clayclerk.com and copy the assistant(s) for opposing counsel, or the pro se parties, and must provide the case number, the motion(s) to be set for hearing, corresponding docket number(s), and how much time is being requested.
Page 2 | II. SETTING HEARINGS:
Emergency motions must be emailed to the Judicial Assistant for review.
Emergency Motions must be emailed to the Judicial Assistant for review.
Page 1 | EMERGENCY MOTIONS
The General Magistrate's Office must be contacted directly by email at magistrate@clayclerk.com or by phone at 904-269-6302 to schedule temporary needs.
You must contact the General Magistrate’s Office directly for scheduling at magistrate@clayclerk.com or 904-269-6302.
Page 1 | SCHEDULING TEMPORARY NEEDS
Hearing-date requests must be submitted by email to the Judicial Assistant.
To request a hearing date please submit your request via e-mail to the Judicial Assistant.
Page 1 | SCHEDULING HEARINGS
The Judicial Assistant will provide proposed hearing dates and times for coordination with the opposing party.
Proposed hearing dates & times will be provided for you to coordinate with opposing party.
Page 1 | SCHEDULING HEARINGS
Ex parte dates may be requested from the Judicial Assistant.
Ex parte dates may be requested from the Judicial Assistant.
Page 1 | EX PARTE
Email to the Court’s Office may be used for scheduling and for agreements between the parties.
Email to the Court’s Office may be used for scheduling and agreements between the parties.
Page 3 | PRO SE LITIGANTS