Judge Katie L. Dearing
Individual Rules, Standing Orders & Policies
Limits & Logistics
Courtesy Copies
Courtesy copies
- Hand Delivery
Emergency Motions, Rehearing Motions, New Trial Motions
- Mail • Upon Filing
Filings > 20 pages
Motion, Memoranda
- At Least 3 Days Before Hearing
- At Least Three Days Before Hearing
Communication
Clerk
Chambers
Document Filing Requirements24 rules
To that end, the Court will not set a hearing on motions which do not include the Certificate of Conferral required by Florida Rule of Civil Procedure 1.202.
All proposed Orders presented following a hearing 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.
Further, the party presenting the proposed Order, shall be responsible for providing addressed, stamped envelopes for parties not using the e-Portal.
The proposed Order service list must contain addresses for any unrepresented party or party not using the e-Portal.
If there is an unrepresented party involved in the case not using the e-Portal, the proposed Order must be submitted to the Court in writing, with sufficient copies for an original to be entered by the Court and a copy for each party not using e-Portal.
The cover letter must state (i) that opposing counsel/unrepresented party has been provided with the same materials being provided to the Court, (ii) whether opposing counsel/unrepresented party consents to the relief requested in the motion and proposed order and, if so, (iii) whether opposing counsel/unrepresented party agrees with the language of the proposed order.
Proposed Orders without a hearing may be submitted to the Court via the Florida Courts e-Portal with a cover letter and courtesy copy of the motion, joint stipulation, etc. related to the proposed Order, which must be copied to all opposing counsel/unrepresented parties.
All consent Orders shall include the word “Consent” or “Agreed” in the caption of the proposed Order.
- Document
- Proposed order
- Placement
- Caption
Must include
- •Consent or Agreed
4. The moving party is responsible for filing and serving the notice of hearing.
9. At least three business days before the hearing a copy of the notice of hearing, with the appropriate pleading(s) attached, shall be forwarded to the Court, marked "Uniform Motion Calendar.”
- Document
- Notice of hearing
Must include
- •Uniform Motion Calendar
11. Counsel must certify in the notice of hearing and the motion to be heard that counsel has attempted to resolve the subject of the motion prior to seeking judicial intervention.
(Please complete before presenting to court)
Include
- •Please complete before presenting to court
The motion must include a conference certification stating that a conference occurred and whether all or part of the motion is resolved; no hearing will be set without it.
- Document
- Motion
Must include
- •Certificate of conference
Court's wording
The moving party shall file with the motion a statement certifying that the moving counsel has conferred with opposing counsel or the unrepresented party and stating whether counsel or the unrepresented party agrees on the resolution of all or part of the motion. No hearing will be set on a motion which lacks this statement.
A motion whose relief is wholly or partly unopposed must identify that status in its caption using an equivalent succinct indication.
- Document
- Motion
- Placement
- Caption
Court's wording
If the interested parties agree to all or part of the relief sought in any motion, the caption of the motion shall include the word “unopposed,” “agreed,” or “stipulated” or otherwise succinctly inform the reader that, as to all or part of the requested relief, no opposition exists.
The cover letter must state (i) that opposing counsel/unrepresented party has been provided with the same materials being provided to the Court, (ii) whether opposing counsel/unrepresented party consents to the relief requested in the motion and proposed order and, if so, (iii) whether opposing counsel/unrepresented party agrees with the language of the proposed order.
A proposed order submitted after a hearing must include a cover letter identifying the order and confirming that opposing counsel or unrepresented parties received the same materials and stating whether they agree with its language.
Court's wording
All proposed Orders presented following a hearing 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.
All consent Orders shall include the word “Consent” or “Agreed” in the caption of the proposed Order.
- Document
- Proposed order
- Placement
- Caption
Must include
- •Consent or Agreed
A motion caption must identify agreed, stipulated, unopposed, or partially unopposed relief when the interested parties agree to all or part of the requested relief.
Court's wording
If the interested parties agree to all or part of the relief sought in any motion, the caption of the motion shall include the word “unopposed,” “agreed,” or “stipulated” or otherwise succinctly inform the reader that, as to all or part of the requested relief, no opposition exists.
The Court may request the lawyers prepare proposed orders pursuant to the Court’s verbal announcements of rulings made during a hearing.
If a party requests the Court rule on a motion without a hearing, the moving party should forward to the Court the motion, a proposed order and a request for resolution without a hearing, in the manner set forth below:
If a party requests the Court rule on a motion without a hearing, the moving party should forward to the Court the motion, a proposed order and a request for resolution without a hearing, in the manner set forth below:
A Notice of Hearing should indicate that the hearing will take place in Hearing Room 701, Duval County Courthouse, 501 W. Adams Street, Jacksonville, FL 32202.
If the parties jointly agree to submit a motion to the Court via the Florida Court e-portal without the need for a hearing, the moving party should forward to the Court the motion, a proposed order and a request for resolution without a hearing.
If all parties agree to the appointment of a Special Magistrate, please submit a Joint Motion to Appoint Special Magistrate along with a proposed Order identifying the Special Magistrate and the issues to be handled by him or her.
- Document
- Joint motion to appoint special magistrate
Include
- •Proposed order
Filing & Service rules
Electronic Filing Rules
When all parties use the e-Portal, the proposed order must be submitted through the Florida Courts e-Portal.
If all parties before the Court are using the e-Portal, the proposed Order shall be submitted to the Court via the Florida Courts e-Portal.
Page 6 | VIII. PROPOSED ORDERS FOLLOWING A HEARING
The jury trial set memorandum must be fully completed, identify the desired mediator and trial date, and be emailed to the judge’s judicial assistant with the motion to set trial.
The parties shall complete all information in the form, including the desired mediator and trial date, and submit it as an e-mail attachment to the judge’s judicial assistant along with the Motion to Set Trial.
Civil cases
Page 2 | SETTING MATTERS FOR TRIAL
Jury trial settings must be submitted by email with the motion to set trial and a fully completed Division CV-B Trial Set Memorandum.
Setting cases for jury trial will be done only through e-mail. The movant shall e-mail the Motion to Set and a fully completed Division CV-B Trial Set Memorandum to the Court.
Civil cases
Page 2 | SETTING MATTERS FOR TRIAL
Non-jury trial settings must be submitted by email with the motion to set trial and a fully completed Division FC-B Trial Set Memorandum.
Setting cases for trial will be done only through e-mail. The movant shall e-mail the Motion to Set and a fully completed Division FC-B Trial Set Memorandum to the Court.
Civil cases
Page 2 | SETTING MATTERS FOR TRIAL
The non-jury trial set memorandum must be fully completed, identify the desired mediator, and be emailed to the judge’s judicial assistant with any mediator or trial-date disagreements and each party’s recommendation.
The parties shall complete all information in the form, including the desired mediator, and submit it as an e-mail attachment to the judge’s judicial assistant along with the Motion to Set for Trial. Any disagreements on mediators or proposed trial dates shall be included in the email along with each party’s recommendation.
Civil cases
Page 2 | SETTING MATTERS FOR TRIAL
When an unrepresented party involved in the case is not using e-Portal, the proposed order must be submitted in writing with sufficient copies for Court entry and each party not using e-Portal.
If there is an unrepresented party involved in the case not using the e-Portal, the proposed Order must be submitted to the Court in writing, with sufficient copies for an original to be entered by the Court and a copy for each party not using e-Portal.
Civil cases
Page 8 | PROPOSED ORDERS WITHOUT A HEARING
If an unrerepresented party is not using the e-Portal, the proposed order must be submitted to the Court in writing.
If there is an unrepresented party involved in the case not using the e-Portal, the proposed Order must be submitted to the Court in writing,
Civil cases
Page 6 | PROPOSED ORDERS FOLLOWING A HEARING
When all parties use the e-Portal, the proposed order must be submitted through the Florida Courts e-Portal.
If all parties before the Court are using the e-Portal, the proposed Order shall be submitted to the Court via the Florida Courts e-Portal.
Civil cases
Page 6 | PROPOSED ORDERS FOLLOWING A HEARING
Emergency motions, rehearing motions, and motions for new trial should first be e-filed with the Clerk of Court.
These motions should first be e-filed with the Clerk of Court.
Civil cases
Page 6 | EMERGENCY MOTIONS, MOTIONS FOR REHEARING AND MOTIONS FOR NEW TRIAL
A proposed order submitted without a hearing may be filed through the Florida Courts e-Portal with a cover letter and a courtesy copy of the related motion, stipulation, or other materials, which must also be sent to all opposing counsel or unrepresented parties.
Proposed Orders without a hearing may be submitted to the Court via the Florida Courts e-Portal with a cover letter and courtesy copy of the motion, joint stipulation, etc. related to the proposed Order, which must be copied to all opposing counsel/unrepresented parties.
Civil cases
Page 7 | PROPOSED ORDERS WITHOUT A HEARING
Filing Timing and Cure Windows
Uniform Motion Calendar hearings must be scheduled no later than one week before the hearing date.
5. These hearings must be set no later than one week in advance of the scheduled date.
Civil cases
Page 2 | PROCEDURES FOR UNIFORM MOTION CALENDAR
At least three business days before the hearing, a copy of the notice of hearing with the appropriate pleadings attached must be forwarded to the Court.
9. At least three business days before the hearing a copy of the notice of hearing, with the appropriate pleading(s) attached, shall be forwarded to the Court, marked "Uniform Motion Calendar.”
Civil cases
Page 2 | PROCEDURES FOR UNIFORM MOTION CALENDAR
Emergency motions, motions for rehearing, and motions for new trial should be e-filed with the clerk before submission of a review copy.
These motions should first be e-filed with the Clerk of Court.
Page 5 | VI. EMERGENCY MOTIONS, MOTIONS FOR REHEARING AND MOTIONS FOR NEW TRIAL
Service and Proof of Service Rules
If counsel lacks an email address for an unrepresented party, counsel must mail or hand-deliver the proposed order and cover letter to the court.
If counsel does not have an email address for an unrepresented party, counsel must mail or hand deliver the proposed Order and letter to the Court consistent with the instructions above.
Page 6 | VIII. PROPOSED ORDERS FOLLOWING A HEARING
All counsel and unrepresented parties must receive copies of the cover letter and proposed order when those materials are provided to the court.
All counsel and unrepresented parties must be copied on the cover letter, including any proposed Order, at the same time provided to the Court.
Page 6 | VIII. PROPOSED ORDERS FOLLOWING A HEARING
The party submitting the proposed order is responsible for providing addressed, stamped envelopes to parties not using the e-Portal.
Further, the party presenting the proposed Order, shall be responsible for providing addressed, stamped envelopes for parties not using the e-Portal.
The proposed order service list must include addresses for every unrepresented party or party not using the e-Portal.
The proposed Order service list must contain addresses for any unrepresented party or party not using the e-Portal.
Related materials accompanying a proposed order submitted through the Florida Courts e-Portal must be copied to all opposing counsel or unrepresented parties.
Proposed Orders without a hearing may be submitted to the Court via the Florida Courts e-Portal with a cover letter and courtesy copy of the motion, joint stipulation, etc. related to the proposed Order, which must be copied to all opposing counsel/unrepresented parties.
The moving party is responsible for serving the notice of hearing.
4. The moving party is responsible for filing and serving the notice of hearing.
Civil cases
Page 1 | PROCEDURES FOR UNIFORM MOTION CALENDAR
All counsel and unrepresented parties must receive the post-hearing cover letter and proposed order when the materials are provided to the Court, with mail or hand delivery required if an unrepresented party has no email address.
All counsel and unrepresented parties must be copied on the cover letter, including any proposed Order, at the same time provided to the Court. If counsel does not have an email address for an unrepresented party, counsel must mail or hand deliver the proposed Order and letter to the Court consistent with the instructions above.
Civil cases
Page 7 | MOTION PRACTICE AND SCHEDULING HEARINGS
A paper proposed order must include sufficient copies for the Court and each party not using e-Portal, and the presenting party must provide addressed, stamped envelopes and list the necessary addresses on the service list.
with sufficient copies for an original to be entered by the Court and a copy for each party not using e-Portal. Further, the party presenting the proposed Order, shall be responsible for providing addressed, stamped envelopes for parties not using the e-Portal. The proposed Order service list must contain addresses for any unrepresented party or party not using the e-Portal.
Civil cases
Page 7 | MOTION PRACTICE AND SCHEDULING HEARINGS
The party presenting the proposed Order must provide addressed, stamped envelopes for parties not using the e-Portal and include their addresses on the proposed Order service list.
Further, the party presenting the proposed Order, shall be responsible for providing addressed, stamped envelopes for parties not using the e-Portal. The proposed Order service list must contain addresses for any unrepresented party or party not using the e-Portal.
Civil cases
Page 8 | PROPOSED ORDERS WITHOUT A HEARING
A motion over 20 pages must be delivered by U.S. Mail or hand delivery, not by email.
Any motion over 20 pages shall not be emailed but instead delivered by U.S. Mail or hand delivery.
Civil cases
Page 6 | EMERGENCY MOTIONS, MOTIONS FOR REHEARING AND MOTIONS FOR NEW TRIAL
The party filing the motion must provide a copy for review by U.S. Mail, hand delivery, or e-mail when filing the motion.
The party filing the motion shall provide a copy for review by U.S. Mail, hand delivery or e-mail at the time the motion is filed.
Civil cases
Page 6 | EMERGENCY MOTIONS, MOTIONS FOR REHEARING AND MOTIONS FOR NEW TRIAL
Courtesy Copy Requirements
The party filing the motion must provide a copy for review by U.S. Mail, hand delivery, or e-mail when the motion is filed.
The party filing the motion shall provide a copy for review by U.S. Mail, hand delivery or e-mail at the time the motion is filed.
Page 5 | VI. EMERGENCY MOTIONS, MOTIONS FOR REHEARING AND MOTIONS FOR NEW TRIAL
An emergency motion, motion for rehearing, or motion for new trial exceeding 20 pages must not be emailed and must instead be delivered by U.S. mail or hand delivery.
Any motion over 20 pages shall not be emailed but instead delivered by U.S. Mail or hand delivery.
Page 5 | VI. EMERGENCY MOTIONS, MOTIONS FOR REHEARING AND MOTIONS FOR NEW TRIAL
Pleadings exceeding 20 pages, including attachments, must not be emailed.
However, voluminous pleadings (more than 20 pages, including attachments) must not be emailed.
Page 5 | V. COURTESY COPIES
Pleadings exceeding 20 pages must be delivered by hand, U.S. mail, or another delivery service.
They will need to be provided via hand-delivery, U.S. Mail, or other delivery service.
Page 5 | V. COURTESY COPIES
A no-hearing e-Portal submission must include a courtesy copy of the motion, stipulation, or other material related to the proposed order, and that material must be copied to all opposing counsel or unrepresented parties.
Proposed Orders without a hearing may be submitted to the Court via the Florida Courts e-Portal with a cover letter and courtesy copy of the motion, joint stipulation, etc. related to the proposed Order, which must be copied to all opposing counsel/unrepresented parties.
Civil cases
Page 7 | PROPOSED ORDERS WITHOUT A HEARING
Courtesy copies of motions and memoranda should be delivered to the court at least three days before the scheduled hearing.
Courtesy copies of motions and memoranda should be delivered to the Court at least three days before a scheduled hearing on the matter.
Page 5 | V. COURTESY COPIES
Pleadings exceeding 20 pages, including attachments, must not be emailed.
However, voluminous pleadings (more than 20 pages, including attachments) must not be emailed.
Civil cases
Page 5 | COURTESY COPIES
Courtesy copies of motions and memoranda should reach the Court at least three days before the scheduled hearing.
Courtesy copies of motions and memoranda should be delivered to the Court at least three days before a scheduled hearing on the matter.
Civil cases
Page 5 | COURTESY COPIES
Binders containing case law must be received by the Court at least five days before the hearing.
Any binders containing case law shall be received by the Court at least 5 days prior to the hearing.
Civil cases
Page 6 | COURTESY COPIES
Voluminous pleadings must be provided by hand delivery, U.S. Mail, or another delivery service.
They will need to be provided via hand-delivery, U.S. Mail, or other delivery service.
Civil cases
Page 6 | COURTESY COPIES
Motions, pleadings, and memoranda may be provided to the court by email.
Motions, pleadings and memoranda may be provided by e-mail as well as U.S. Mail or hand delivery.
Page 5 | V. COURTESY COPIES
Motions, pleadings, and memoranda may be delivered to the Court by email, U.S. Mail, or hand delivery.
Motions, pleadings and memoranda may be provided by e-mail as well as U.S. Mail or hand delivery.
Civil cases
Page 5 | COURTESY COPIES
Filing Bundling Requirements
Parties are encouraged, where possible, to work together and submit one copy of supporting materials for the court’s consideration.
The Court encourages all parties to work together where possible to submit one copy of the supporting materials necessary for the Court’s consideration.
Page 5 | V. COURTESY COPIES
Pre-Motion Conference Requirements
A certification that opposing counsel was unavailable for a pre-filing conference does not satisfy the obligation to confer.
A certification to the effect that opposing counsel was unavailable for a conference before filing a motion is insufficient to satisfy the parties’ obligation to confer.
Page 4 | IV. MOTION PRACTICE AND SCHEDULING HEARINGS
A claim that opposing counsel was unavailable does not excuse the conference; the motion must describe attempted conference, the moving party must promptly contact opposing counsel after filing and supplement the motion, and non-moving counsel must promptly respond and provide conference availability.
A certification to the effect that opposing counsel or the unrepresented party was unavailable for a conference before filing a motion is insufficient to satisfy the parties’ obligation to confer. If, for any reason, the moving party is unable to confer with counsel for the non-moving party, the motion should describe actions taken by the moving party to confer. The moving party retains the duty to contact opposing counsel expeditiously after filing and to supplement the motion promptly with a statement certifying whether or to what extent the parties have resolved the issue(s) presented in the motion. Counsel for the non-moving party is obligated to promptly reply to a ‘meet-and-confer’ request and to provide availability for such conference.
Civil cases
Page 4 | MOTION PRACTICE AND SCHEDULING HEARINGS
Except for specified motions, the moving party must confer with opposing counsel or an unrepresented party in good faith before filing.
Before filing a motion, except a motion (a) for injunctive relief, (b) for judgment on the pleadings, (c) for summary judgment, or (d) relating to the maintenance of a class action, the moving party shall confer with counsel for the opposing party in a good faith effort to resolve the issues raised by the motion.
Civil cases
Page 4 | MOTION PRACTICE AND SCHEDULING HEARINGS
Before filing a motion to compel discovery, the moving party must confer in good faith with the non-moving party to attempt to resolve the dispute.
As with all motions filed in this Division (as set forth above), prior to filing a motion to compel discovery, the moving party shall confer in good faith with the non-moving party in an attempt to resolve the discovery dispute.
Civil cases
Page 6 | DISCOVERY DISPUTES
Chambers Communication Rules
The parties must complete the Division CV-B Trial Set Memorandum with the requested mediator and trial date, email it as an attachment to the judicial assistant, and include any mediator or trial-date disagreements and each party’s recommendation.
The parties shall complete all information in the form, including the desired mediator and trial date, and submit it as an e-mail attachment to the Court’s judicial assistant. Any disagreements on mediators or trial dates shall be included in the email along with each party’s recommendation.
Page 2 | II. SETTING MATTERS FOR TRIAL
A party requesting a hearing on a pending motion should contact the Judicial Assistant by telephone with all other parties on the line or by email at PowellS@coj.net.
The party requesting a hearing on any pending motion should contact the Judicial Assistant with all other parties on the line or by email at PowellS@coj.net.
Page 4 | IV. MOTION PRACTICE AND SCHEDULING HEARINGS
Hearing requests must be coordinated with opposing counsel or an unrepresented party, and the requesting party should contact the Judicial Assistant.
All hearings must be coordinated with opposing counsel or party if unrepresented. The party requesting a hearing on any pending motion should contact the Judicial Assistant
Civil cases
Page 4 | MOTION PRACTICE AND SCHEDULING HEARINGS
If the parties agree that the 150-day case management conference is unnecessary to set the actual trial period, emailing the judicial assistant a completed Division CV-B Trial Set Memorandum permits the court to cancel the conference.
If the parties agree that the 150-day CMC is not necessary to set the actual trial period, the Court will enter an order canceling the CMC hearing upon a party emailing to the Court’s Judicial Assistant a completed Division CV-B Trial Set Memorandum.
Page 2 | II. SETTING MATTERS FOR TRIAL
Counsel is strongly encouraged to check with the Court a few days before the Uniform Motion Calendar to confirm that the hearing date has not been cancelled.
12. Occasionally, it may become necessary for the Court to cancel the Uniform Motion Calendar. It is strongly recommended that counsel check with the Court a few days before the Uniform Motion Calendar to ensure the hearing date has not been cancelled.
Civil cases
Page 2 | PROCEDURES FOR UNIFORM MOTION CALENDAR