Judge Russell Healey
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Courtesy Copies
Exhibits
Trial or Hearing Set Memo
Court-wide
Adjournments
- A continuance request must be submitted at least five days before the scheduled court date, establish good cause, and ordinarily be signed by the requesting party.
Communication
Chambers
Chambers
Phone
Chambers
Chambers
Clerk
Document Format Requirements5 rules
All proposed Orders must be submitted in Word format.
- File type
- Word
- Proposed order
Documentary exhibits must be submitted in paper format.
- File type
- Paper
- Exhibits
Recordings must be submitted via a thumb drive.
All exhibits must be tabbed, Bates stamped, and pre-marked with the case number, exhibit number, admission notation, and admission date in the stated format.
Court's wording
All exhibits must be tabbed, Bates stamped, and pre-marked in the following format: Case No. _2020-DR-22222 FMXX Petitioner/Respondent’s Exhibit No. A Admitted as Exhibit Date admitted 10/1/2020
PLEASE MARK WITH PAPER CLIPS ALL RELEVANT MATERIAL.
Document Filing Requirements28 rules
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.
PLEASE PROVIDE THE COURT WITH THE ZOOM INVITE, PROPOSED ORDER AND/OR TRIAL SET MEMO AT LEAST ONE WEEK BEFORE THE EX PARTE HEARING AS WE PREPARE OUR CALENDARS THE WEEK BEFORE.
A. Mandatory UP-TO-DATE Financial Affidavits of each of the parties.
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.
A. Mandatory UP-TO-DATE Financial Affidavits of each of the parties.
Must include
- •Financial affidavits
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.
- Document
- Attorney fee statement
Must include
- •Verified statement
THIS FORM MUST BE COMPLETED BEFORE PRESENTATION TO AND HEARING BY THE COURT.
I, the undersigned attorney, do hereby certify that I have personally reviewed the above court file and that the above relevant pleadings are contained in the court file.
A. Mandatory UP-TO-DATE Financial Affidavits of each of the parties.
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.
All attorneys and self-represented litigants must provide an e-mail address to receive signed orders electronically, unless excused.
Prior to an uncontested final hearing, one party must provide the following: (1) a completed checklist for entry of the Consent Final Judgment, (2) proper proof of Florida residency, and (3) a copy of the signed Consent Final Judgment.
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).
All notices of hearing will contain the ADA notification required by Florida Rule of General Practice and Judicial Administration 2.540.
A notice of hearing on a motion for contempt must include the quoted statutory warning.
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.”
The DONE AND ORDERED clause, along with the Court’s signature line, shall be on the same page.
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.
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.
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
An emergency-hearing motion must be detailed and state the issues, the reasons an emergency hearing is necessary, and the time needed for each party’s presentation.
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.
It is the responsibility of attorneys and self-represented litigants to update their contact information using Form 2.603 any time there is a change in the e-mail account registered for electronic service.
The subject line of the email must contain the case number, case name, and relevant matter
- Document
Must include
- •Case number
The date of the proceeding should be included in the first paragraph of the proposed order.
Filing & Service rules
Electronic Filing Rules
Proposed orders generally must be submitted through the court's e-portal, subject to stated exceptions.
Proposed Orders must be submitted through the e-portal unless your Order falls under one of the exceptions below.
Page 4 | F. Submission of Orders and Judgments
Proposed orders covered by the listed exceptions may be emailed to the Judicial Assistant at bpowell@coj.net instead of submitted through the e-portal.
The only exceptions to filing in the e-portal, and that may be emailed to the judicial assistant, bpowell@coj.net, are as follows:
Page 4 | F. Submission of Orders and Judgments
Submissions of 25 pages or fewer should be emailed for hearings conducted through Zoom.
Any submissions 25 pages or less should be submitted via email for hearings being conducted via Zoom.
Page 5 | H. Exhibits and Courtesy Copies
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.
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 5 | H. Exhibits and Courtesy Copies
Filing Timing and Cure Windows
The completed Trial Set Memorandum must be emailed to the Judicial Assistant at least seven days before the hearing.
The parties shall complete the form and submit it as an e-mail attachment to the Judicial Assistant at least 7 days prior to the hearing.
Page 3 | C. Setting Case for Trial
When a case settles, the parties must immediately notify the court in writing 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 3 | C. Setting Case for Trial
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 | E. Motions for Rehearing
All hearing or trial submissions must reach the court at least three business days before the hearing or trial.
All submissions must be provided to the Court at least three (3) business days before the hearing/trial.
Page 5 | H. Exhibits and Courtesy Copies
Unless the Court provides otherwise, proposed orders must be submitted within seven business days after the proceeding.
Unless otherwise provided by the Court, all proposed Orders must be submitted within seven (7) business days of the proceeding.
Page 5 | F. Submission of Orders and Judgments
Service and Proof of Service Rules
Before a default final hearing, the party seeking default judgment must have filed proof of service or an affidavit of diligent search and publication.
The party seeking the default judgment must have filed proof of service, or an affidavit of diligent search and publication, prior to the hearing.
Page 2 | B. Scheduling Procedures — Default Final Hearings
Cases in which the respondent is served by publication must include an affidavit of diligent search under Family Law Form 12.913(b) for dissolution cases or 12.913(c) for paternity cases.
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).
Page 2 | B. Scheduling Procedures — Service by Publication
The opposing parties must receive notice of all default final hearings.
The opposing party(s) must be noticed for all default final hearings.
Page 2 | B. Scheduling Procedures — Default Final Hearings
Attorneys setting a trial or hearing longer than one hour must coordinate the hearing, serve the notice on all parties, and submit the Trial Set Memorandum Form.
Jointly the attorneys must: (1) coordinate a date and time certain with the Judicial Assistant for the hearing, (2) serve the Notice of 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 3 | C. Setting Case for Trial
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
The opposing party or counsel should receive materials that are provided to the court.
The opposing party or counsel should receive anything provided to the Court.
Page 5 | H. Exhibits and Courtesy Copies
Courtesy Copy Requirements
Attorneys and self-represented litigants must provide enough copies of each exhibit for the clerk, court, and every party to review at 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
Pre-Motion Conference Requirements
Parties must meet and confer before filing any motion.
Parties shall meet and confer prior to the filing of all motions.
Page 2 | B. Scheduling Procedures — Duty to Meet and Confer
Adjournment & Extension Requirements
A continuance request must be submitted at least five days before the scheduled court date, establish good cause, and ordinarily be signed by the requesting party.
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 may not contact the Judicial Assistant unless the Judicial Assistant requests the contact.
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 — Self-represented Parties
Communications with the judicial office must comply with Canon 3, which generally prohibits ex parte communications and communications outside the presence of all parties unless authorized by law.
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 — Ex parte Communications
Self-represented parties must communicate with the Court through their assigned case manager.
Self-represented parties must communicate with the Court through their assigned case manager (https://www.jud4.org/family-court-services/self-help/staff-information).
Page 1 | A. Communications with the Judicial Office — Self-represented Parties
All communications to the judicial office must be sent by email to bppowell@coj.net.
All communications to the judicial office must be submitted by e-mail to bppowell@coj.net.
Page 1 | A. Communications with the Judicial Office
All parties must be copied on emails to the judicial office unless an ex parte communication is authorized by law.
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
After a hearing time is set, no party may add or notice additional matters for that time without the express consent of all parties.
Once a hearing time is set, no party may add or notice additional matters for that time without the express consent of all parties.
Page 2 | B. Scheduling Procedures — Scheduling Hearings
A hearing date or time is not secured until the Court sends confirmation.
Hearing dates/times are not secured until confirmation is sent from the Court.
Page 2 | B. Scheduling Procedures — Scheduling Hearings
Ex parte hearings must be scheduled by emailing the Court's Judicial Assistant.
Please contact the Court’s Judicial Assistant via email to schedule an ex-parte hearing.
Page 2 | B. Scheduling Procedures — Ex Parte Hearings
All temporary-needs issues must be set before the General Magistrate.
All temporary needs issues are to be set before the General Magistrate.
Page 2 | B. Scheduling Procedures — Temporary Needs Hearing Information
An attorney requesting a hearing shall contact the Court’s Judicial Assistant with any other attorney copied 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 — Scheduling Hearings
Default final hearings must be coordinated with the Judicial Assistant.
Default Final Hearings must be coordinated with the Judicial Assistant.
Page 2 | B. Scheduling Procedures — Default Final Hearings
Ex parte hearings must be scheduled for a definite time with the Judicial Assistant by email.
All Ex Parte hearings will be set for a time certain with the Judicial Assistant via email.
Civil cases
Page 1 | FM-B EX PARTE DATES
All hearings must be coordinated with opposing counsel or, for a self-represented party, the opposing party.
All hearings must be coordinated with opposing counsel or opposing party if self-represented.
Page 2 | B. Scheduling Procedures — Scheduling Hearings
Hearings lasting one hour or less may be scheduled by contacting the Judicial Assistant, copying the opposing side and including the case number, motion title, and required 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 — Setting Hearings Less Than One Hour in Duration
Temporary-needs hearings before the Magistrates may be scheduled by calling (904) 255-1180 between 9:00 a.m. and 4:00 p.m.
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 2 | B. Scheduling Procedures — Temporary Needs Hearing Information
Emergency motions should be emailed to the Judicial Assistant or delivered to the judge’s chambers for review.
Emergency motions should be emailed to the Judicial Assistant or delivered to the Judge’s chambers for review.
Page 5 | G. Emergency Matters
If the Judicial Assistant is absent for more than one day, an automatic reply with further instructions will be sent for received emails.
If the Judicial Assistant is out of the office for more than a day, an automatic reply will be sent to all received emails providing further instruction for the emailed request.
Page 1 | A. Communications with the Judicial Office — Out of the Office Notification
Judicial Assistants may not provide legal advice.
Judicial Assistants are not authorized to provide legal advice.
Page 1 | A. Communications with the Judicial Office — Self-represented Parties