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Court Rules
Judge Kathleen H. Roberts
Judge

Judge Kathleen H. Roberts

Individual Rules, Standing Orders & Policies

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

Limits & Logistics

Courtesy Copies

Case Law, Other Specified Document

Case Law, Specified Document

  • For Any Evidentiary Proceeding

Courtesy copies

  • Email

Communication

Email

Chambers

caldwelll@circuit19.org
Phone

Chambers

(772) 419-5370
Scheduling
Filters:

Document Format Requirements7 rules

FormattingMandatory

All proposed orders must be submitted in PDF/a or Word format.

File type
PDF/A
Applies to
  • Proposed order

Formatting

  • Word format is also permitted
Fl Nineteenth:7ef7b8418c0e39d1866a59e8
|SectionProposed Orders — Format
FormattingMandatory

Exhibits must be submitted to the clerk of court in paper format.

File type
Paper
Applies to
  • Exhibits
Fl Nineteenth:7ef7b8418c0e39d1866a59e8
|SectionExhibits — Format
FormattingMandatory

Format: All proposed orders must be submitted in PDF/a or Word format.

Applies to
  • Proposed order

Formatting

  • PDF/a or Word format
FormattingMandatory

Format: Exhibits must be submitted to the clerk of court in paper format.

File type
Paper
Applies to
  • Exhibits
FormattingImportant

Format: PDF, Word document.

File type
PDF
Applies to
  • Case law
  • Specified document

Formatting

  • Word document is also permitted
Fl Nineteenth:7ef7b8418c0e39d1866a59e8
|SectionCourtesy Copies — Format
FormattingImportant

Format: PDF, Word document.

Formatting

  • PDF or Word document format
Standard-Template-for-Judicial-Practices-and-Procedures-Accessible-RobertsK · p. 3
|SectionE. Courtesy Copies of Case Law and Other Documents
FormattingImportant

Exhibits are to be marked as Plaintiff or Defendant A (B, C, etc). They will be moved into evidence as 1,2,3 in the order they are admitted.

Document Filing Requirements16 rules

Filing RequirementsMandatory

If you are filing a complaint in a landlord-tenant case, you must provide the proper number of envelopes and accompanying postage to accommodate any order that may be signed by the court.

Fl Nineteenth:7ef7b8418c0e39d1866a59e8
|SectionLandlord-Tenant Cases
Filing RequirementsMandatory

In the event that the Clerk has entered a default for a possession claim in a landlord-tenant case, on any case that has not been filed by a pro se litigant, the Court requires a proof of claim/verification of claim by the plaintiff before a default final judgment will be signed.

Fl Nineteenth:7ef7b8418c0e39d1866a59e8
|SectionLandlord-Tenant Cases
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.

Fl Nineteenth:7ef7b8418c0e39d1866a59e8
|SectionExhibits — Format
Filing RequirementsMandatory

The Defendant must sign the waiver of appearance and the waiver must be made part of the court file.

Fl Nineteenth:7ef7b8418c0e39d1866a59e8
|SectionCriminal Procedure
Filing RequirementsMandatory

If it is asserted that the other party agrees to the entry of the order, there must be something that indicates their agreement. A cover letter from the opposing party or initials on the order near the cc at the bottom is acceptable.

Fl Nineteenth:7ef7b8418c0e39d1866a59e8
|SectionProposed Orders — Format
Filing RequirementsMandatory

Any orders on cases with pro se litigants must be accompanied by an addressed envelope with proper postage in order to ensure proper service.

Fl Nineteenth:7ef7b8418c0e39d1866a59e8
|SectionProposed Orders — Submission Method
Filing RequirementsMandatory

When filing the notice of hearing with the clerk and serving it upon the appropriate parties, please also send a copy to Ms. Caldwell so that the date and time have been confirmed on the docket.

Fl Nineteenth:7ef7b8418c0e39d1866a59e8
|SectionCriminal Procedure
Filing RequirementsMandatory

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

Fl Nineteenth:7ef7b8418c0e39d1866a59e8
|SectionCase Management Conference; Status Conference
Filing RequirementsMandatory

All requests for remote appearances are to be in writing and presented to the Court with ample time before the hearing to review the request.

Filing RequirementsMandatory

Requests to use communication technology for an appearance must be made by motion.

Filing RequirementsMandatory

Any orders on cases with pro se litigants must be accompanied by an addressed envelope with proper postage in order to ensure proper service.

Filing RequirementsMandatory

A detailed motion seeking an emergency hearing must state the issues to be resolved, why an emergency hearing is necessary, and the time needed for each party’s presentation.

Court's wording

Requirements: For example: “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

If it is asserted that the other party agrees to the entry of the order, there must be something that indicates their agreement. A cover letter from the opposing party or initials on the order near the cc at the bottom is acceptable.

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 RequirementsImportant

Exhibits are to be marked as Plaintiff or Defendant A (B, C, etc). They will be moved into evidence as 1,2,3 in the order they are admitted.

Fl Nineteenth:7ef7b8418c0e39d1866a59e8
|SectionExhibits — Format
Filing RequirementsImportant

NOTE: IN LANDLORD TENANT CASES, SELF ADDRESSED STAMPED ENVELOPES MUST BE PROVIDED ON A CASE THAT INVOLVES A PRO SE LITIGANT. Counsel may make arrangements with the clerk’s office to provide them.

Filing & Service rules

Electronic Filing Rules

Proposed orders may be submitted by email to the Judicial Assistant or by mailed hard copy.

Submission of proposed orders can be by email to the Judicial Assistant or hard copies mailed.

Page 1 | Proposed Orders — Submission Method

Electronic filing is encouraged for all documents in landlord-tenant cases.

Please note that while electronic filing is encouraged for all documents, this office recognizes that there many pro se litigants in landlord-tenant cases.

Page 1 | Landlord-Tenant Cases

Filing Timing and Cure Windows

Proposed orders must be submitted within 10 days after a hearing.

Deadline for Submissions: Proposed orders must be submitted within 10 days after any hearing.

Page 3 | D. Submission of Orders and Judgments

Evidence must not be sent to the Court before trial.

Submission Method: Do not send any evidence to the Court prior to the trial in the cause.

Page 4 | G. Exhibits for Evidentiary Proceedings

Parties are expected to send memorandums of law and associated case law early enough for the court to review them.

The parties are expected to send memorandums of law and associated caselaw within a reasonable time for the court to review.

Page 2 | B. Scheduling Procedures

Service and Proof of Service Rules

The party setting a hearing must notify all parties, the clerk, and the Judge’s office at least five business days before the hearing; mailing notice five days beforehand is insufficient.

The party setting the hearing is responsible for providing notice to all parties, the clerk and the Judge’s office. This should be done as soon as the hearing is set, but must be no less than five business days before the hearing. Mailing the notice five days prior to the hearing is not sufficient notice.

Page 1 | Notice of Hearing

For email service of an order, include all parties’ email addresses in the order’s cc.

Any email service must provide in the cc of the order the email address of all parties.

Page 1 | Proposed Orders — Submission Method

Anything sent to the Judge must be added to the court file and sent to the opposing party.

Anything sent to the Judge shall be made part of the court file and sent to the opposing party.

Page 1 | Ex parte Communications

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

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 1 | Cancelling Hearings

Anything sent to the Judge must be placed in the court file and sent to the opposing party.

Anything sent to the Judge shall be made part of the court file and sent to the opposing party.

Page 1 | A. Communications with the Judicial Office

A party may cancel only a hearing it set, and must immediately notify the Judicial Assistant and file and serve a cancellation notice on opposing counsel and any self-represented litigant.

You must cancel hearings by notifying the judicial assistant immediately. You must also immediately file and serve a notice of cancellation on opposing counsel and any self-represented litigant. You may only cancel a hearing set by you.

Page 2 | B. Scheduling Procedures

The party setting a hearing must give notice to all parties, the clerk, and the Judge’s office as soon as the hearing is set and at least five business days before the hearing; mailing it five days beforehand is insufficient.

The party setting the hearing is responsible for providing notice to all parties, the clerk and the Judge’s office. This should be done as soon as the hearing is set, but must be no less than five business days before the hearing. Mailing the notice five days prior to the hearing is not sufficient notice.

Page 2 | B. Scheduling Procedures

When an order is served by email, the cc of the order must include the email address of all parties.

Any email service must provide in the cc of the order the email address of all parties.

Page 3 | D. Submission of Orders and Judgments

Courtesy Copy Requirements

Submit courtesy copies of case law or other specified documents to the court for any evidentiary proceeding.

Courtesy copies of case law or other specified document must be submitted to the court for any evidentiary proceeding.

Page 1 | Courtesy Copies — When Required

Courtesy copies of case law or other specified documents must be submitted to the court for any evidentiary proceeding.

When Required: Courtesy copies of case law or other specified document must be submitted to the court for any evidentiary proceeding.

Page 3 | E. Courtesy Copies of Case Law and Other Documents

Courtesy-copy materials may be sent to the Judicial Assistant by email, U.S. mail, or private delivery service.

Submission Method: e-mail to the Judicial Assistant, U.S. mail, or private delivery service.

Page 1 | Courtesy Copies — Submission Method

Courtesy copies may be submitted by email to the Judicial Assistant, U.S. mail, or private delivery service.

Submission Method: e-mail to the Judicial Assistant, U.S. mail, or private delivery service.

Page 3 | E. Courtesy Copies of Case Law and Other Documents

Pre-Motion Conference Requirements

If the court determines an emergency exists, it will schedule the hearing unilaterally, and all parties must be available absent exigent circumstances.

Scheduling: If the court determines that an emergency exists, a hearing will be scheduled unilaterally by the court. All parties shall make themselves available for the emergency hearing, barring exigent circumstances.

Page 4 | F. Emergency and Other Urgent Matters

Adjournment & Extension Requirements

A party may cancel only a hearing that party set.

You may only cancel a hearing set by you.

Page 1 | Cancelling Hearings

Chambers Communication Rules

Contact the Judicial Assistant by phone or email to schedule any hearings.

Please contact the Judicial Assistant Linda Caldwell by phone (772-419-5370) or by email CaldwellL@circuit19.org; to schedule any hearings.

Page 1 | Criminal Procedure

All hearings must be scheduled with the Judicial Assistant; the office does not use an online calendar.

Scheduling Hearings: This office does not utilize an online calendar. All hearings must be set with the Judicial Assistant.

Page 1 | Scheduling Hearings

A hearing must be canceled by immediately notifying the Judicial Assistant.

You must cancel hearings by notifying the judicial assistant immediately.

Page 1 | Cancelling Hearings

Emails to the judicial office must copy all parties unless the communication is legally authorized ex parte.

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

Parties may contact the judicial office only in accordance with the stated practices and procedures.

Parties may only contact the judicial office in accordance with these practices and procedures.

Page 1 | Unsolicited Communications

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

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

Page 1 | Unsolicited Communications

When calling or emailing the Judicial Assistant, provide the case number and the parties’ names.

Method of Communication: If you call the Judicial Assistant, please be prepared to give the case number and the names of the parties. If you email the Judicial Assistant, please provide those things in the email.

Page 1 | Method of Communication

Emails to the Judicial Assistant must include the case number and party names.

If you email the Judicial Assistant, please provide those things in the email.

Page 1 | A. Communications with the Judicial Office

Callers to the Judicial Assistant must provide the case number and party names.

If you call the Judicial Assistant, please be prepared to give the case number and the names of the parties.

Page 1 | A. Communications with the Judicial Office

Hearings must be scheduled through the Judicial Assistant.

All hearings must be set with the Judicial Assistant.

Page 2 | B. Scheduling Procedures

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

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

Page 2 | A. Communications with the Judicial Office

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 Kathleen H. Roberts
  • County Judge.
  • Appointed by Governor Bush in December 2005; commissioned in January 2006.
  • B.A. in Criminology and Law, University of Florida, 1990.
  • J.D., University of Florida, 1993.
  • Location: Martin County Courthouse
  • Address: 100 East Ocean Blvd. Stuart, FL 34994
  • Phone: (772) 419-5370
  • Email (judicial assistant): CaldwellL@circuit19.org
  • Judicial assistant: Linda Caldwell
Common questions about Judge Kathleen H. Roberts's rules

Are courtesy copies required for Judge Kathleen H. Roberts?

Courtesy-copy rule applies for case laws and specified documents. Details: delivery for any evidentiary proceeding. Submit courtesy copies of case law or other specified documents to the court for any evidentiary proceeding.

View ruleSource: page 1, section Courtesy Copies — When Required

Does Judge Kathleen H. Roberts require a pre-motion conference or letter before filing a motion?

If the court determines an emergency exists, it will schedule the hearing unilaterally, and all parties must be available absent exigent circumstances.

View ruleSource: page 4, section F. Emergency and Other Urgent Matters

What formatting rules apply to filings before Judge Kathleen H. Roberts?

Judge Kathleen H. Roberts' formatting rule includes file format paper. Submit exhibits to the clerk of court in paper format.

View ruleSource: page 1, section Exhibits — Format

What must be included with proposed order filings before Judge Kathleen H. Roberts?

If a proposed order is represented as agreed, include an indication of the other party’s agreement; a cover letter or initials by the cc line is acceptable.

View ruleSource: page 1, section Proposed Orders — Format

What must be included with exhibits filings before Judge Kathleen H. Roberts?

Bring enough copies of each exhibit for the clerk, the court, and each party to review at the hearing or trial.

View ruleSource: page 1, section Exhibits — Format

How may parties contact Judge Kathleen H. Roberts' chambers?

All hearings must be scheduled with the Judicial Assistant; the office does not use an online calendar.

View ruleSource: page 1, section Scheduling Hearings

How do I request an adjournment or extension before Judge Kathleen H. Roberts?

A party may cancel only a hearing that party set.

View ruleSource: page 1, section Cancelling Hearings

Is electronic filing required before Judge Kathleen H. Roberts?

Electronic filing is permitted for the covered filings. Proposed orders may be submitted by email to the Judicial Assistant or by mailed hard copy.

View ruleSource: page 1, section Proposed Orders — Submission Method

What filing deadlines does Judge Kathleen H. Roberts set?

Proposed orders must be submitted within 10 days after a hearing.

View ruleSource: page 3, section D. Submission of Orders and Judgments

What rule applies to service for notice of cancellation before Judge Kathleen H. Roberts?

Details: recipient: the opposing party. Immediately file and serve a notice of cancellation on opposing counsel and any self-represented litigant.

View ruleSource: page 1, section Cancelling Hearings
Complete rules summary for Judge Kathleen H. Roberts

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

Submit exhibits to the clerk of court in paper format.

When calling or emailing the Judicial Assistant, provide the case number and the parties’ names.

Anything sent to the Judge must be added to the court file and sent to the opposing party.

All hearings must be scheduled with the Judicial Assistant; the office does not use an online calendar.

Parties may contact the judicial office only in accordance with the stated practices and procedures.

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

The party setting a hearing must notify all parties, the clerk, and the Judge’s office at least five business days before the hearing; mailing notice five days beforehand is insufficient.

A hearing must be canceled by immediately notifying the Judicial Assistant.

Proposed orders must be submitted in PDF/A or Word format.

If a proposed order is represented as agreed, include an indication of the other party’s agreement; a cover letter or initials by the cc line is acceptable.

Bring enough copies of each exhibit for the clerk, the court, and each party to review at the hearing or trial.

Proposed orders may be submitted by email to the Judicial Assistant or by mailed hard copy.

For email service of an order, include all parties’ email addresses in the order’s cc.

Submit courtesy copies of case law or other specified documents to the court for any evidentiary proceeding.

Courtesy-copy materials may be sent to the Judicial Assistant by email, U.S. mail, or private delivery service.

An order in a case with a self-represented litigant must be accompanied by an addressed, properly stamped envelope for service.

Mark exhibits as Plaintiff or Defendant A, B, C, and so on; they will be numbered as admitted into evidence.

A request for a case management or status conference must explain why the conference is necessary.

Contact the Judicial Assistant by phone or email to schedule any hearings.

When filing the notice of hearing with the clerk and serving it upon the appropriate parties, please also send a copy to Ms. Caldwell so that the date and time have been confirmed on the docket.

A landlord-tenant complaint must be accompanied by enough envelopes and postage for any order the court may sign.

Electronic filing is encouraged for all documents in landlord-tenant cases.

For a landlord-tenant possession claim not filed by a self-represented litigant, the plaintiff must provide a proof or verification of claim before the court will sign a default final judgment after the clerk enters default.

A party may cancel only a hearing that party set.

A criminal defendant must sign a waiver of appearance, which must be included in the court file.

Format: PDF, Word document.

Copy all parties on emails to the judicial office unless the communication is authorized ex parte by law.

Callers to the Judicial Assistant must provide the case number and party names.

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

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