New: a trial court in 1 of every 10 U.S. counties. Read the post
Court Rules
Judge Jennifer Alcorta Waters
Judge

Judge Jennifer Alcorta Waters

Individual Rules, Standing Orders & Policies

Nineteenth Judicial Circuit of Florida, Indian River, Martin, Okeechobee and St. Lucie Counties

Limits & Logistics

Courtesy Copies

Case Law

  • At Least Five Days Before Hearing

Courtesy copies

  • Before Hearing
  • Mail
  • Mail • At Least Five Days Before Hearing

Filings < 20 pages

  • Email

Motion, Proposed Order, Notice of Hearing

  • Prior to Hearing

Adjournments

  • Service must occur within 120 days after the complaint is filed, and any granted extension may not extend beyond 240 days from filing.
  • Changes to the case management deadlines require the parties’ agreement and court approval upon a showing of good cause based on an emergency or unavailability; discovery procrastination and counsel unavailability after approval are not good cause.
  • Continuances are disfavored and require good cause; a continuance motion should specify its basis and when it became known, whether it is opposed, readiness-enabling actions and dates, participant availability, and the proposed ready-to-proceed date and whether all parties agree.
  • +1 more

Request must include

Reason for RequestAdversary PositionProposed New DatesProposed Rescheduled Date

Communication

Email

Chambers

sievertd@circuit19.org
Scheduling
Phone

Chambers

772-288-5556
Scheduling
Filters:

Document Format Requirements5 rules

FormattingMandatory

ALL EVIDENCE MUST BE SCANNED AND EMAILED TO ALL PARTIES AND THE COURT at least 2 business days in advance of your hearing.

COVID-HEARING-FLYER · p. 1
|SectionHEARINGS BEFORE THE HONORABLE JENNIFER ALCORTA WATERS DURING THE COVID-19 PANDEMIC
FormattingMandatory

Proposed orders must be submitted in Word Format.

Judge-Waters-Procedures-1 · p. 4
|SectionD. Submission of Orders and Judgments
FormattingMandatory

Format: Proposed orders must be submitted in Word Format.

FormattingImportant

Any case law or statutes to be relied upon shall be submitted to the Court with the motion with relevant portions highlighted.

Formatting

  • Relevant portions of submitted case law or statutes must be highlighted
Judge-Waters-Procedures-1 · p. 3
|SectionScheduling for Civil Motion Hearings/Non-Jury Trials
FormattingNote

generic orders granting/denying with at least five lines for additional provisions may be used

Judge-Waters-Procedures-1 · p. 3
|SectionScheduling for Civil Motion Hearings/Non-Jury Trials

Document Filing Requirements27 rules

Filing RequirementsMandatory

A hearing notice must include the specified certification, signed by the lawyer or pro se party who set the hearing.

Court's wording

All hearing Notices shall contain a certification signed by the lawyer or pro se party who set the hearing, as follows: “I Hereby Certify that I have personally contacted opposing counsel in an effort to resolve the issue(s), however, the matter cannot be resolved and a hearing is necessary.”

Judge-Waters-Procedures-1 · p. 3
|SectionScheduling for Civil Motion Hearings/Non-Jury Trials
Filing RequirementsMandatory

Please note that certifications containing language to the effect that an effort will be made to resolve the issue in the future is not sufficient. If personal communication is attempted, but unsuccessful, written communication to opposing counsel will suffice.

Judge-Waters-Procedures-1 · p. 3
|SectionScheduling for Civil Motion Hearings/Non-Jury Trials
Filing RequirementsMandatory

A notice of hearing involving any remote appearance must list the judicial Zoom credentials.

Judge-Waters-Procedures-1 · p. 3
|SectionScheduling for Civil Motion Hearings/Non-Jury Trials
Filing RequirementsMandatory

All notices of hearing must contain the ADA notification required by Florida Rule of General Practice and Judicial Administration 2.540.

Judge-Waters-Procedures-1 · p. 3
|SectionScheduling for Civil Motion Hearings/Non-Jury Trials
Filing RequirementsMandatory

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).

Judge-Waters-Procedures-1 · p. 4
|SectionScheduling for Civil Motion Hearings/Non-Jury Trials
Filing RequirementsMandatory

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.

Judge-Waters-Procedures-1 · p. 4
|SectionD. Submission of Orders and Judgments
Filing RequirementsMandatory

Motions to compel and other discovery motions must include a certification of a good-faith effort to confer or attempt to confer to obtain the discovery without court action.

Court's wording

Motions to Compel, as well as all discovery motions, must comply with the Florida Rules of Civil Procedure or Florida Small Claim Rules, including, but not limited to, a certification that the movant, in good faith, has conferred or attempted to confer with the person or party failing to make discovery in an effort to secure the information without court action.

Judge-Waters-Procedures-1 · p. 5
|SectionI. Other Division Procedures
Filing RequirementsMandatory

If you are moving to withdraw, you must obtain the Client’s Consent in writing which shall be filed with the Court, or a hearing must be held after proper notice to the client.

Judge-Waters-Procedures-1 · p. 5
|SectionI. Other Division Procedures
Filing RequirementsMandatory

The movant shall submit the proposed order to the Court with sufficient copies and self-addressed stamped envelopes for all parties and shall also certify that notice of the requested relief was provided to all parties.

Must include

  • Proposed order
Judge-Waters-Procedures-1 · p. 5
|SectionI. Other Division Procedures
Filing RequirementsMandatory

Hand-deliver or mail all printed exhibits to the clerk of court. All attorneys and self-represented litigants must bring sufficient copies of each exhibit for the clerk, the court, and each party to review during the hearing or trial.

Judge-Waters-Procedures-1 · p. 6
|SectionG. Exhibits for Evidentiary Proceedings
Filing RequirementsMandatory

The copy of the motion sent to the Judge shall be accompanied by a generic order granting/denying the motion, with at least five lines for additional provisions, a transmittal letter showing copies to all counsel and Pro Se parties, and stamped, self-addressed envelopes for all counsel and Pro Se parties.

Filing RequirementsMandatory

The movant shall submit the proposed order to the Court with sufficient copies and self-addressed stamped envelopes for all parties and shall also certify that notice of the requested relief was provided to all parties.

Fl Nineteenth:41f225bd88fa29c772c1e2a0
|SectionDiscovery Motions and Motions to Compel
Filing RequirementsMandatory

If you are moving to withdraw, you must obtain the Client’s Consent in writing which shall be filed with the Court, or a hearing must be held after proper notice to the client.

Fl Nineteenth:41f225bd88fa29c772c1e2a0
|SectionWithdrawal of Counsel
Filing RequirementsMandatory

The copy of the motion sent to the Judge shall be accompanied by a generic order granting/denying the motion, with at least five lines for additional provisions, a transmittal letter showing copies to all counsel and Pro Se parties, and stamped, self-addressed envelopes for all counsel and Pro Se parties.

Fl Nineteenth:41f225bd88fa29c772c1e2a0
|SectionMotions for Rehearing, Reconsideration, or New Trial
Filing RequirementsMandatory

A motion to compel or other discovery motion must include a good-faith certification that the movant conferred or attempted to confer to obtain discovery without court action.

Court's wording

Motions to Compel, as well as all discovery motions, must comply with the Florida Rules of Civil Procedure or Florida Small Claim Rules, including, but not limited to, a certification that the movant, in good faith, has conferred or attempted to confer with the person or party failing to make discovery in an effort to secure the information without court action.

Fl Nineteenth:41f225bd88fa29c772c1e2a0
|SectionDiscovery Motions and Motions to Compel
Filing RequirementsMandatory

Every proposed order must include a cover letter stating either that all parties agree or identifying any disagreement.

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.

Filing RequirementsMandatory

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.

Filing RequirementsMandatory

All attorneys and self-represented litigants must bring sufficient copies of each exhibit for the clerk, the court, and each party to review during the hearing or trial.

Filing RequirementsMandatory

The hearing notice must include the specified certification, signed by the lawyer or self-represented party who set the hearing.

Court's wording

All hearing Notices shall contain a certification signed by the lawyer or pro se party who set the hearing, as follows: “I HEREBY CERTIFY that I have personally contacted opposing counsel in an effort to resolve the issue(s), however, the matter cannot be resolved and a hearing is necessary.”

Fl Nineteenth:41f225bd88fa29c772c1e2a0
|SectionSCHEDULING FOR CIVIL MOTION HEARINGS/NON-JURY TRIALS
Filing RequirementsMandatory

A notice of hearing involving any remote appearance must list the judicial Zoom credentials.

Fl Nineteenth:41f225bd88fa29c772c1e2a0
|SectionSCHEDULING FOR CIVIL MOTION HEARINGS/NON-JURY TRIALS
Filing RequirementsMandatory

All notices of hearing must contain the ADA notification required by Florida Rule of General Practice and Judicial Administration 2.540.

Fl Nineteenth:41f225bd88fa29c772c1e2a0
|SectionSCHEDULING FOR CIVIL MOTION HEARINGS/NON-JURY TRIALS
Filing RequirementsMandatory

Any case law or statutes to be relied upon shall be submitted to the Court with the motion with relevant portions highlighted.

Fl Nineteenth:41f225bd88fa29c772c1e2a0
|SectionSubmission Deadlines
Filing RequirementsImportant

Counsel who filed the motion should bring a proposed order to the hearing

Document
Motion

Should include

  • Proposed order
Judge-Waters-Procedures-1 · p. 3
|SectionScheduling for Civil Motion Hearings/Non-Jury Trials
Filing RequirementsImportant

Failure to comply with this requirement may result in cancellation of the hearing by the Court. If it is determined that the certification is not true, other sanctions may be imposed, including a referral to the Florida Bar.

Judge-Waters-Procedures-1 · p. 3
|SectionScheduling for Civil Motion Hearings/Non-Jury Trials
Filing RequirementsImportant

Any request for a CMC or status conference must articulate the reasons for the necessity of the conference.

Judge-Waters-Procedures-1 · p. 6
|SectionG. Exhibits for Evidentiary Proceedings
Filing RequirementsImportant

Counsel who filed the motion should bring a proposed order to the hearing (generic orders granting/denying with at least five lines for additional provisions may be used) along with sufficient copies and self -addressed, stamped envelopes for all parties.

Document
Motion

Should include

  • Proposed order
Fl Nineteenth:41f225bd88fa29c772c1e2a0
|SectionSCHEDULING FOR CIVIL MOTION HEARINGS/NON-JURY TRIALS
Filing RequirementsImportant

If personal communication is attempted, but unsuccessful, written communication to opposing counsel will suffice.

Fl Nineteenth:41f225bd88fa29c772c1e2a0
|SectionSCHEDULING FOR CIVIL MOTION HEARINGS/NON-JURY TRIALS

Filing & Service rules

Electronic Filing Rules

Printed exhibits must be hand-delivered or mailed to the clerk of court.

Hand-deliver or mail all printed exhibits to the clerk of court.

Page 1 | Submission Method

Filing Timing and Cure Windows

The case management plan must be submitted for court approval within 30 days after service on the last-named defendant, or before December 3, 2021, for cases filed before April 30, 2021.

To be submitted to the court for approval (1) within 30 days after date of service on the last-named defendant or (2) prior to 12/3/21 for cases filed prior to 4/30/21

Civil cases

Page 1 | CIVIL CASE MANAGEMENT PLAN AND ORDER

File and serve the notice of hearing immediately after reserving hearing time.

Notice of Hearing: A notice of hearing must be filed and served immediately after reserving hearing time.

Page 3 | Scheduling for Civil Motion Hearings/Non-Jury Trials

Immediately file and serve a notice of cancellation on opposing counsel and any self-represented litigant.

You must also immediately file and serve a notice of cancellation on opposing counsel and any self-represented litigant.

Page 4 | Scheduling for Civil Motion Hearings/Non-Jury Trials

Submit proposed orders by the court-ordered date or, if none was specified, within 10 days after the hearing.

Proposed orders must be submitted by the date ordered in court, or within 10 days after any hearing, if no specified date was given in court

Page 5 | D. Submission of Orders and Judgments

An order prepared by counsel must be submitted to the court with a cover letter to all counsel and self-represented parties within seven days after the hearing.

and must be submitted to the Court with a cover letter to all counsel and Pro Se parties within 7 days of the hearing.

Page 6 | H. Setting Case for Trial

If a trial brief will be filed, submit it to the judge’s chambers no later than three working days before trial begins.

If a trial brief is to be filed with the Court it should be submitted to the Judge’s Chambers no later than three (3) working days before the trial is to commence.

Page 6 | H. Setting Case for Trial

If counsel is asked to prepare an order, it must be drafted and circulated to counsel within three working days after the hearing.

If counsel is asked to prepare an order, the order shall be drafted and circulated to counsel within 3 working days of the hearing

Page 6 | H. Setting Case for Trial

File and serve the notice of hearing immediately after reserving hearing time.

A notice of hearing must be filed and served immediately after reserving hearing time.

Page 1 | SCHEDULING FOR CIVIL MOTION HEARINGS/NON-JURY TRIALS

Counsel asked to prepare an order must circulate it within three working days after the hearing and submit it with a cover letter to all counsel and self-represented parties within seven days after the hearing.

If counsel is asked to prepare an order, the order shall be drafted and circulated to counsel within 3 working days of the hearing and must be submitted to the Court with a cover letter to all counsel and Pro Se parties within 7 days of the hearing.

Page 1 | Pretrial Procedures and Conferences

Submit a proposed order by the date set in court or, if no date was set, within 10 days after the hearing.

Proposed orders must be submitted by the date ordered in court, or within 10 days after any hearing, if no specified date was given in court

Page 1 | Deadline for Submissions

Opposing counsel must notify the Court of any objection to the proposed order’s form within three days thereafter.

Opposing counsel must advise the Court of any objection to the form of the proposed order within 3 days thereafter.

Page 1 | Pretrial Procedures and Conferences

When the stated conditions are met, an ex parte order may require compliance with the original discovery demand within 10 days after the order is signed.

When a motion to compel discovery alleges a complete failure to respond or object to discovery, and the time for complying with the discovery request has lapsed and there has been no request for an extension of time, an Ex Parte order may be entered requiring compliance with the original discovery demand within ten (10) days of the signing of the order.

Page 5 | I. Other Division Procedures

If there is a complete failure to respond or object after the discovery response time expires and no extension was requested, the court may enter an ex parte order requiring compliance within 10 days after signing.

When a motion to compel discovery alleges a complete failure to respond or object to discovery, and the time for complying with the discovery request has lapsed and there has been no request for an extension of time, an Ex Parte order may be entered requiring compliance with the original discovery demand within ten (10) days of the signing of the order.

Page 1 | Discovery Motions and Motions to Compel

If filed, a trial brief should be submitted to the Judge’s Chambers no later than three working days before trial begins.

If a trial brief is to be filed with the Court it should be submitted to the Judge’s Chambers no later than three (3) working days before the trial is to commence.

Page 1 | Pretrial Procedures and Conferences

Service and Proof of Service Rules

ALL EVIDENCE MUST BE SCANNED AND EMAILED TO ALL PARTIES AND THE COURT at least 2 business days in advance of your hearing.

ALL EVIDENCE MUST BE SCANNED AND EMAILED TO ALL PARTIES AND THE COURT at least 2 business days in advance of your hearing.

Page 1 | HEARINGS BEFORE THE HONORABLE JENNIFER ALCORTA WATERS DURING THE COVID-19 PANDEMIC

Attorneys and self-represented litigants must provide an email address for electronic receipt of signed orders and update Form 2.603 whenever their registered electronic-service email changes, unless excused.

All attorneys and self-represented litigants must provide an e-mail address to receive signed orders electronically, unless excused. Fla. R. Gen. Prac. & Jud. Admin. 2.516. 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.

Page 2 | A. Communications with the Judicial Office

Give the opposing party hearing notice at least five working days before the hearing unless the parties agree otherwise.

You must give the opposing party notice of the hearing at least five working days prior to the hearing, unless otherwise agreed to by the parties.

Page 3 | Scheduling for Civil Motion Hearings/Non-Jury Trials

Serve the notice of hearing immediately after reserving hearing time.

Notice of Hearing: A notice of hearing must be filed and served immediately after reserving hearing time.

Page 3 | Scheduling for Civil Motion Hearings/Non-Jury Trials

Immediately serve a notice of cancellation on opposing counsel and any self-represented litigant.

You must also immediately file and serve a notice of cancellation on opposing counsel and any self-represented litigant.

Page 4 | Scheduling for Civil Motion Hearings/Non-Jury Trials

When filing a Notice for Trial, send a copy to all parties.

When filing Notice for Trial, you must send a copy of the Notice to all Parties.

Page 6 | H. Setting Case for Trial

Immediately file and serve a cancellation notice on opposing counsel and any self-represented litigant.

You must also immediately file and serve a notice of cancellation on opposing counsel and any self-represented litigant.

Page 1 | Cancelling Hearings

Copy all parties on emails to the judicial office unless the communication is authorized ex parte 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 | Ex parte Communications

Copy the opposing party on every document submitted to the Judge.

Therefore, the opposing party MUST be copied on any and all documents submitted to the Judge.

Page 1 | Court Schedule

Attorneys and self-represented litigants must update their contact information using Form 2.603 whenever their registered electronic-service email changes.

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.

Page 1 | E-Filing Portal Contact Information

Give the opposing party at least five working days’ notice of the hearing unless the parties agree otherwise.

You must give the opposing party notice of the hearing at least five working days prior to the hearing, unless otherwise agreed to by the parties.

Page 1 | SCHEDULING FOR CIVIL MOTION HEARINGS/NON-JURY TRIALS

Serve the notice of hearing immediately after reserving hearing time.

A notice of hearing must be filed and served immediately after reserving hearing time.

Page 1 | SCHEDULING FOR CIVIL MOTION HEARINGS/NON-JURY TRIALS

Attorneys and self-represented litigants must provide an email address for electronic receipt of signed orders unless excused.

All attorneys and self-represented litigants must provide an e-mail address to receive signed orders electronically, unless excused.

Page 1 | E-Filing Portal Contact Information

Courtesy Copy Requirements

Before a civil motion hearing, send the Judicial Assistant copies of the motion, proposed orders, and filed notice of hearing, with sufficient proposed-order copies and pre-stamped envelopes for all parties.

Prior to your Civil Motion Hearing, please send Judicial Assistant a copy of the Motion, Proposed Order(s) with sufficient copies and pre-stamped envelopes for all parties, and a copy of the Notice of Hearing which was previously filed with the Clerk of Court.

Page 3 | Scheduling for Civil Motion Hearings/Non-Jury Trials

Voluminous hearing materials must be sent by U.S. Mail at least five days before the hearing; a binder is preferred.

If the materials are voluminous, they must be provided via US Mail at least five days prior to the hearing, preferably in a binder.

Page 5 | E. Courtesy Copies of Case Law and Other Documents

For any evidentiary proceeding, submit courtesy copies of case law to the court at least five days before the hearing and copy all parties.

Courtesy copies of case law must be submitted to the court for any evidentiary proceeding at least five days prior to the hearing and all parties shall be copied on the submission.

Page 5 | E. Courtesy Copies of Case Law and Other Documents

Send copies of the listed pleadings and related documents, with proposed orders and sufficient copies and self-addressed stamped envelopes, to the Judge’s office for review.

Please follow Court procedure for filing the necessary pleadings with the Martin County Clerk of Court. Please send copies of pleadings, hearing cancellations, (if applicable), along with relevant Stipulations, Settlement Agreement, Motions, Notices, with Proposed Orders along with sufficient copies/self-addressed stamped envelopes to the Judge’s office for his immediate review.

Page 7

When filing a motion for rehearing, reconsideration, or new trial, the moving party must send the Judge a copy accompanied by a generic proposed order with at least five lines for additional provisions, a transmittal letter listing copies to counsel and pro se parties, and stamped self-addressed envelopes for those recipients.

Upon filing said motion the moving party shall send a copy to the Judge for review. The copy of the motion sent to the Judge shall be accompanied by a generic order granting/denying the motion, with at least five lines for additional provisions, a transmittal letter showing copies to all counsel and Pro Se parties, and stamped, self-addressed envelopes for all counsel and Pro Se parties.

Page 7

For any evidentiary proceeding, submit courtesy copies of case law to the court at least five days before the hearing and copy all parties.

Courtesy copies of case law must be submitted to the court for any evidentiary proceeding at least five days prior to the hearing and all parties shall be copied on the submission.

Page 1 | When Required

When filing a motion for rehearing, reconsideration, or new trial, the moving party must send a copy to the Judge for review.

Upon filing said motion the moving party shall send a copy to the Judge for review.

Page 1 | Motions for Rehearing, Reconsideration, or New Trial

Before a civil motion hearing, send the Judicial Assistant the motion, proposed orders with sufficient copies and stamped envelopes for all parties, and the previously filed notice of hearing.

Prior to your Civil Motion Hearing, please send Judicial Assistant a copy of the Motion, Proposed Order(s) with sufficient copies and pre-stamped envelopes for all parties, and a copy of the Notice of Hearing which was previously filed with the Clerk of Court.

Page 1 | Submission Deadlines

Voluminous hearing materials must be sent by U.S. mail at least five days before the hearing, preferably in a binder.

If the materials are voluminous, they must be provided via US Mail at least five days prior to the hearing, preferably in a binder.

Page 1 | Submission Method

The Court requests a digital copy of any proposed order in addition to the hard copy.

The Court would appreciate a copy of any proposed order on either a removable storage device or via e-mail, in addition to the hard copy.

Page 7

Hearing materials fewer than 20 pages may be emailed to the Judicial Assistant.

If the hearing material is fewer than twenty pages, it may be provided to the Judicial Assistant via electronic mail.

Page 5 | E. Courtesy Copies of Case Law and Other Documents

Hearing materials fewer than 20 pages may be emailed to the Judicial Assistant.

If the hearing material is fewer than twenty pages, it may be provided to the Judicial Assistant via electronic mail.

Page 1 | Submission Method

Pre-Motion Conference Requirements

Coordinate a hearing with the opposing party before noticing it.

The hearing must be coordinated with the opposing party before any hearing may be noticed.

Page 3 | Scheduling for Civil Motion Hearings/Non-Jury Trials

Do not schedule a motion for rehearing or reconsideration for hearing without first receiving the Court’s permission.

Please do not set a Motion for Rehearing or Motion for Reconsideration for hearing without first receiving permission from the Court.

Page 1 | Motions for Rehearing, Reconsideration, or New Trial

Filing a discovery motion alone is insufficient; it must be set for hearing to bring the matter to the Court’s attention.

The mere filing of a Motion is insufficient. The motions must be set for hearing to bring the matter to the Court’s attention.

Page 1 | Discovery Motions and Motions to Compel

If the court determines an emergency exists, it will schedule the hearing unilaterally.

If the court determines that an emergency exists, a hearing will be scheduled unilaterally by the court.

Page 1 | Scheduling

If the Court finds a hearing necessary on a rehearing, reconsideration, or new-trial motion, the movant will be advised to schedule it and file appropriate notices.

If the Court determines that a hearing is necessary, the movant will be advised to schedule and hearing and file appropriate notices.

Page 1 | Motions for Rehearing, Reconsideration, or New Trial

Adjournment & Extension Requirements

Changes to the case management deadlines require the parties’ agreement and court approval upon a showing of good cause based on an emergency or unavailability; discovery procrastination and counsel unavailability after approval are not good cause.

The schedule of deadlines herein will be strictly adhered to by the parties unless change is otherwise agreed to by the parties and approved by the court. The court will consider a request to approve changes to these deadlines upon a showing of good cause by either party based on matters arising from an emergency nature or unavailability. However, once the Civil Case Management Plan has been approved by the court, procrastination in completing discovery or the unavailability of counsel will not constitute good cause for a change to these deadlines.

Civil cases

Page 1 | Case Events and Deadlines

Service must occur within 120 days after the complaint is filed, and any granted extension may not extend beyond 240 days from filing.

Service within 120 days of filing of the complaint unless an extension is granted, which extension shall not exceed 240 days from the date of filing of the complaint

Civil cases

Page 1 | Case Events and Deadlines

Continuances are disfavored and require good cause; a continuance motion should specify its basis and when it became known, whether it is opposed, readiness-enabling actions and dates, participant availability, and the proposed ready-to-proceed date and whether all parties agree.

Continuances are disfavored and will be granted only upon good cause shown. Motions for continuance should state with specificity: (1) the basis of the 3 ===== PAGE 4 ===== need for the continuance, including when the basis became known to the movant; (2) whether the motion is opposed; (3) the action and specific dates for the action that will enable the movant to be ready, including, but not limited to, confirming the specific date any required participants are available; and (4) the proposed date by which the case will be ready to proceed and whether that date is agreed by all parties.

Page 3 | Scheduling for Civil Motion Hearings/Non-Jury Trials

A continuance requires good cause; the motion must specify the reason and when it became known, whether it is opposed, readiness actions and dates, and the proposed ready date and party agreement, and ordinarily must be signed by the requesting party.

Continuances are disfavored and will be granted only upon good cause shown. Motions for continuance should state with specificity: (1) the basis of the need for the continuance, including when the basis became known to the movant; (2) whether the motion is opposed; (3) the action and specific dates for the action that will enable the movant to be ready, including, but not limited to, confirming the specific date any required participants are available; and (4) the proposed date by which the case will be ready to proceed and whether that date is agreed by all parties. 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 1 | Continuance Procedure

Chambers Communication Rules

Communications with the judicial office must comply with Canon 3; ex parte communications are prohibited unless authorized by law, and all parties must be copied on emails to the office unless an authorized ex parte communication applies.

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 the parties concerning a pending or impending proceeding, unless 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 2 | A. Communications with the Judicial Office

Notify the Judicial Assistant immediately to cancel a hearing.

You must cancel hearings by notifying the judicial assistant immediately.

Page 1 | Cancelling Hearings

The Judge may not communicate about pending cases outside hearings, and communications without prior notice to the opposing party are improper ex parte communications except in specified circumstances.

Judge Waters is restricted by principles of Judicial Ethics from communicating about pending cases outside of hearings. Communication to the judge without prior notice to opposing party is “ex parte” and improper except in certain specific circumstances.

Page 1 | Court Schedule

All correspondence must be sent to the listed email address.

Please send all correspondence to sievertd@circuit19.org.

Page 1 | HEARINGS BEFORE THE HONORABLE JENNIFER ALCORTA WATERS DURING THE COVID-19 PANDEMIC

Communications should be emailed to the judicial office with the case number, case name, and relevant matter in the subject line; emails may be public records.

Communications to the judicial office should be submitted by e-mail to sievertd@circuit19.org. The subject line should contain the case number, case name, and relevant matter. Any e-mail sent to or from the judicial office may be a public record subject to disclosure.

Page 2 | A. Communications with the Judicial Office

The court will not consider unsolicited communications from non-parties, and parties may contact the judicial office only as permitted by these procedures.

Unsolicited communications from non-parties may not be considered by the court. Parties may only contact the judicial office in accordance with these practices and procedures.

Page 2 | A. Communications with the Judicial Office

Email the Judicial Assistant to obtain hearing dates and times.

Please email the Judicial Assistant for hearing dates and times.

Page 3 | Scheduling for Civil Motion Hearings/Non-Jury Trials

A proposed order may be emailed to chambers if all parties have email addresses, with all parties and counsel included on the email.

If all parties have an email address, the proposed order can be emailed to sievertd@circuit19.org, including all parties/counsel on the email.

Page 5 | D. Submission of Orders and Judgments

If a case settles after an order setting trial is received, immediately notify the Court’s Judicial Assistant by telephone.

If your case settles after you have received an order setting a case for trial, please first immediately notify the Court’s Judicial Assistant by telephone and follow up with an email and/or letter advising of settlement.

Page 7

Call the Judge’s office at the listed number to set a hearing.

To set a hearing, please call the Judge’s office at 772-288-5556.

Page 1 | Court Schedule

Request hearing dates and times by emailing the Judicial Assistant.

Please email the Judicial Assistant for hearing dates and times.

Page 1 | SCHEDULING FOR CIVIL MOTION HEARINGS/NON-JURY TRIALS

If all parties have email addresses, the proposed order may be emailed to the Judicial Assistant with all parties and counsel included on the email.

If all parties have an email address, the proposed order can be emailed to sievertd@circuit19.org, including all parties/counsel on the email.

Page 1 | Submission Method

Neither the Judge nor the Judicial Assistant may provide legal advice to a party.

Neither the Judge, nor her Judicial Assistant may provide any party with legal advice.

Page 1 | Court Schedule

The judicial assistant may not provide legal advice.

The judicial assistant is not authorized to provide legal advice.

Page 1 | Response to Inquiries

Communications to the judicial office should be emailed to the listed address with the case number, case name, and relevant matter in the subject line.

Method of Communication: Communications to the judicial office should be submitted by e-mail to sievertd@circuit19.org. The subject line should contain the case number, case name, and relevant matter.

Page 1 | Method of Communication

The court may not consider unsolicited communications from non-parties.

Unsolicited communications from non-parties may not be considered by the court.

Page 1 | Unsolicited Communications

The judicial office may alternatively be contacted by telephone.

Alternatively, communications to the judicial office may be made by telephone to 772-288-5556.

Page 2 | A. Communications with the Judicial Office

Communications to the judicial office may alternatively be made by telephone at the listed number.

Alternatively, communications to the judicial office may be made by telephone to 772-288-5556.

Page 1 | Method of Communication

Court-wide rules

Applies court-wide

These 67 rules apply across Nineteenth Judicial Circuit of Florida, Indian River, Martin, Okeechobee and St. Lucie Counties. Where this judge's own standing orders above address the same topic, the judge's requirement controls.

Filing Timing

All 20
  • A case management plan and order for each streamlined or general civil case must be filed no later than 120 days after commencement.

  • Parties seeking complex designation must initially file and serve the general track case management plan and order within 120 days after commencement, then file an appropriate motion to declare the case complex under Rule 1.201.

  • The plaintiff must submit the case management plan and order to the judge for final approval within 30 days after the last defendant is served with the complaint.

Filing Requirements

All 17
  • Applies to
    Notice of mediation

    The Notice of Mediation must specifically list the applicable mediation rules.

  • Applies to
    Case management order

    A streamlined or general civil case management order must include at least the content and categories provided in Attachment A.

  • Applies to
    Case management order

    A case management order must specify, at a minimum, deadlines for service of complaints, service under extensions, and adding new parties.

Adjournments

All 12
  • Parties may submit an agreed order for an extension that does not change later case-management dates, but must move to amend the case management order if later dates would change.

  • If trial does not occur during the scheduled trial period, the court must set a new trial date by order as soon as reasonably possible.

  • Trial continuance motions are disfavored, should rarely be granted, require good cause, and must comply with Rule 1.460.

Service

All 7
  • Applies to
    General track case management plan and order

    Parties seeking to have a case designated as complex must initially file and serve the general track case management plan and order no later than 120 days after commencement of the action as provided in Rule 1.050, Florida Rules of Civil Procedure, and thereafter, comply with Rule 1.201, Florida Rules of Civil Procedure, by filing an appropriate motion to declare the case complex.

  • Applies to
    Suggestion of non compliance with case management plan

    The filed Suggestion of Non-Compliance with Case Management Plan must be served on all counsel.

  • Applies to
    Order
    Service
    Electronic service

    The order is served on the listed parties with email addresses via the E-Filing Portal.

About Judge Jennifer Alcorta Waters
  • Serves as a County Judge.
  • Courtroom: A2-1
  • Address: 100 East Ocean Blvd. Stuart, FL 34994
  • Phone: (772) 288-5556
  • Fax: (772) 221-1305
  • Email (judicial assistant): SievertD@circuit19.org
  • Judicial assistant: Dee Sievert
  • The hearing MUST be coordinated with the opposing party before any hearing may be noticed.
Common questions about Judge Jennifer Alcorta Waters's rules

Are courtesy copies required for Judge Jennifer Alcorta Waters?

Courtesy-copy rule applies for motions, proposed orders, and notice of hearings. Details: delivery prior to hearing. Before a civil motion hearing, send the Judicial Assistant copies of the motion, proposed orders, and filed notice of hearing, with sufficient proposed-order copies and pre-stamped envelopes for all parties.

View ruleSource: page 3, section Scheduling for Civil Motion Hearings/Non-Jury Trials

Does Judge Jennifer Alcorta Waters require a pre-motion conference or letter before filing a motion?

Coordinate a hearing with the opposing party before noticing it.

View ruleSource: page 3, section Scheduling for Civil Motion Hearings/Non-Jury Trials

What formatting rules apply to filings before Judge Jennifer Alcorta Waters?

Judge Jennifer Alcorta Waters' formatting rule includes proposed orders must be submitted in word format.. Submit proposed orders in Word format.

View ruleSource: page 4, section D. Submission of Orders and Judgments

What must be included with notice of hearing filings before Judge Jennifer Alcorta Waters?

A notice of hearing involving a remote appearance must list the judicial Zoom credentials.

View ruleSource: page 3, section Scheduling for Civil Motion Hearings/Non-Jury Trials

What must be included with continuance motion filings before Judge Jennifer Alcorta Waters?

Unless good cause is shown, the party requesting a continuance must sign the motion.

View ruleSource: page 4, section Scheduling for Civil Motion Hearings/Non-Jury Trials

How may parties contact Judge Jennifer Alcorta Waters' chambers?

Communications with the judicial office must comply with Canon 3; ex parte communications are prohibited unless authorized by law, and all parties must be copied on emails to the office unless an authorized ex parte communication applies.

View ruleSource: page 2, section A. Communications with the Judicial Office

How do I request an adjournment or extension before Judge Jennifer Alcorta Waters?

Service must occur within 120 days after the complaint is filed, and any granted extension may not extend beyond 240 days from filing.

View ruleSource: page 1, section Case Events and Deadlines

Is electronic filing required before Judge Jennifer Alcorta Waters?

Printed exhibits must be hand-delivered or mailed to the clerk of court.

View ruleSource: page 1, section Submission Method

What filing deadlines does Judge Jennifer Alcorta Waters set?

The case management plan must be submitted for court approval within 30 days after service on the last-named defendant, or before December 3, 2021, for cases filed before April 30, 2021.

View ruleSource: page 1, section CIVIL CASE MANAGEMENT PLAN AND ORDER

What rule applies to service by email for all parties before Judge Jennifer Alcorta Waters?

Details: method: service by email, recipient: all parties, timing: 2 business days before hearing. ALL EVIDENCE MUST BE SCANNED AND EMAILED TO ALL PARTIES AND THE COURT at least 2 business days in advance of your hearing.

View ruleSource: page 1, section HEARINGS BEFORE THE HONORABLE JENNIFER ALCORTA WATERS DURING THE COVID-19 PANDEMIC
Complete rules summary for Judge Jennifer Alcorta Waters

The case management plan must be submitted for court approval within 30 days after service on the last-named defendant, or before December 3, 2021, for cases filed before April 30, 2021.

Service must occur within 120 days after the complaint is filed, and any granted extension may not extend beyond 240 days from filing.

Changes to the case management deadlines require the parties’ agreement and court approval upon a showing of good cause based on an emergency or unavailability; discovery procrastination and counsel unavailability after approval are not good cause.

All correspondence must be sent to the listed email address.

Evidence must be scanned before it is emailed to the parties and the court.

ALL EVIDENCE MUST BE SCANNED AND EMAILED TO ALL PARTIES AND THE COURT at least 2 business days in advance of your hearing.

The court will not consider unsolicited communications from non-parties, and parties may contact the judicial office only as permitted by these procedures.

Communications should be emailed to the judicial office with the case number, case name, and relevant matter in the subject line; emails may be public records.

The judicial office may alternatively be contacted by telephone.

Communications with the judicial office must comply with Canon 3; ex parte communications are prohibited unless authorized by law, and all parties must be copied on emails to the office unless an authorized ex parte communication applies.

Attorneys and self-represented litigants must provide an email address for electronic receipt of signed orders and update Form 2.603 whenever their registered electronic-service email changes, unless excused.

Email the Judicial Assistant to obtain hearing dates and times.

Coordinate a hearing with the opposing party before noticing it.

Counsel who filed a motion should bring a proposed order to the hearing.

Generic proposed orders granting or denying a motion may be used if they provide at least five lines for additional provisions.

File and serve the notice of hearing immediately after reserving hearing time.

Serve the notice of hearing immediately after reserving hearing time.

A notice of hearing involving a remote appearance must list the judicial Zoom credentials.

Every notice of hearing must contain the ADA notification required by Florida Rule of General Practice and Judicial Administration 2.540.

Give the opposing party hearing notice at least five working days before the hearing unless the parties agree otherwise.

A hearing notice must include the specified certification, signed by the lawyer or pro se party who set the hearing.

Before a civil motion hearing, send the Judicial Assistant copies of the motion, proposed orders, and filed notice of hearing, with sufficient proposed-order copies and pre-stamped envelopes for all parties.

A certification promising future efforts to resolve an issue is insufficient, but written communication suffices when attempted personal communication is unsuccessful.

Submit relied-upon case law or statutes with the motion and highlight the relevant portions.

Continuances are disfavored and require good cause; a continuance motion should specify its basis and when it became known, whether it is opposed, readiness-enabling actions and dates, participant availability, and the proposed ready-to-proceed date and whether all parties agree.

Unless good cause is shown, the party requesting a continuance must sign the motion.

Immediately file and serve a notice of cancellation on opposing counsel and any self-represented litigant.

Immediately serve a notice of cancellation on opposing counsel and any self-represented litigant.

Submit proposed orders in Word format.

Each proposed order must include a cover letter certifying all parties' agreement or identifying any disagreement about the order.

More Judges in Nineteenth Judicial Circuit of Florida, Indian River, Martin, Okeechobee and St. Lucie Counties

Cynthia L. Cox
Judge
Darren Steele
Judge
Daryl Isenhower
Judge
Edmond W. Alonzo
Judge
Kathleen H. Roberts
Judge
Laurie E. Buchanan
Judge
Lillian B. Ewen
Judge