Judge Craig A. McCarthy
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Courtesy Copies
Motion
Memoranda, Case Law, Other Hearing Materials
Court-wide- Before Hearing
Memoranda, Case Law, Other Materials
Court-wide- At Least 5 Court Days Before Scheduled Hearing
Communication
Chambers
Phone
Court-wideClerk
Phone
Court-wideClerk
Clerk
Phone
Court-wideChambers
Document Format Requirements1 rule
The proposed Final Judgment should be emailed to the Court in Microsoft Word format.
- File type
- Word
- Final judgment
Document Filing Requirements25 rules
A Certificate of Compliance must be attached to the Notice of Hearing.
- Document
- Notice of hearing
Must include
- •Local rule certificate
A Notice of Hearing for a Webex proceeding must contain the prescribed Webex appearance and telephone-access instructions.
Court's wording
If the hearing will be conducted via Webex, the Notice of Hearing must also include the following language: All Parties MUST appear via Webex Meetings. When it is time for your hearing, cut and paste this address into your internet browser: https://ninthcircuit.webex.com/meet/30osceola You will then wait in a waiting room until your Hearing is called and the Judge joins the Conference. To appear via telephone dial: Audio connection United States Toll (Jacksonville) +1-904-900-2303 Access code/meeting ID# 2347 557 1705
The Attorney Uncontested Dissolution Checklist must be completed and emailed to the Court, along with the proposed Final Judgement and all previously filed agreements.
Any party who notices a case for short matters MUST provide an email copy of the Notice of Hearing, the Motion and a proposed order to chambers at least three business days before the hearing date.
- Document
- Notice of hearing
Must include
- •Proposed order
Please remember that any Final Judgement in a case with children must include full names and dates of birth of the child and all child support details.
A party requesting emergency action must include the words “Emergency Motion” in the title of the motion and must set forth in detail the nature of the emergency
- Document
- Motion
Must include
- •Emergency Motion
Ensure that the Obligor’s full Social Security number is entered.
When submitting an order or Final Judgment directing a party to make payments to the State Disbursement Unit, please submit an Income Deduction Order (with attached Income Withholding Order if there is child support) to be entered simultaneously by the Court.
The Written Final Hearing checklist must be submitted to the Court by email along with all applicable agreements and the proposed Final Judgment in Word format.
An expedited motion must include the words “Expedited Motion” in the title
Once Orders have been signed and e-filed by division 30 it is the attorney’s responsibility to produce a copy to the Prose litigant if any
ANY/ALL PROPOSED ORDERS SUBMITTED TO THE COURT MUST CLEARLY STATE THE OPPOSING PARTY’S POSITION WITHIN THE MOTION BEING RULED ON OR WILL NOT BE CONSIDERED
If the Court requests counsel to prepare an order at a hearing, counsel will prepare and submit the order to the Court via email within 7 days unless a different deadline is set by the Court at the hearing.
A party using AI to prepare a filed paper must disclose that use in a clear factual statement and certify that all legal and record citations were independently verified.
- Document
- Court paper
Must include
- •AI disclosure
Court's wording
if any party or self-represented party has used AI in the preparation of any complaint, answer, motion, brief, or other paper filed with the Court, and assigned to Judge McCarthy or Division 30, the party MUST, in a clear and plain factual statement, disclose that AI has been used in the filing, and CERTIFY, that each and every citation to the law or the record in the paper, has been independently verified as accurate.
Notice of Hearing: Notice of Hearing should include the full name of the motion and filing date, the length of the hearing, and a Certificate of Compliance per Administrative Order No. 2014-19.
- Document
- Notice of hearing
- Placement
- Certificate section
If the notice and motion is not received, the matter may not be heard.
When Emailing Your Notice of Hearing Be Sure to Include in Your Email: Subject Line: NOH, Date of Hearing, And Case Number
Please provide an email copy to the Judicial Assistant and include a cover letter stating whether the Final Judgment is agreed upon.
Uncontested Final Judgements may also be conducted in writing without the need for attorneys or parties to appear by filing a Motion/Waiver for Written Final Hearing in the Court’s approved format.
When differences cannot practicably be highlighted, the lawyers may submit two separately marked proposed orders in the same email.
Court's wording
If the differences in the proposed Orders are so significant that a highlight is not practical, the lawyers may submit two separate proposed Orders within the same email, (marked Petitioner or Respondent, for clarification purposes).
If the parties cannot agree on the form of the order, and both parties are represented, the lawyers shall email ONE proposed order with their differences highlighted to the Judicial Assistant.
If one or both parties are unrepresented, then each side shall email their proposed Order within the same email to the Judicial Assistant for the Court to review.
If the other side does not respond timely to a request for approval of a proposed Order, email your proposed Order to the Judicial Assistant explaining that the time frame has lapsed and opposing counsel was unresponsive.
All Orders should be titled with the name of the Motion and include a complete certificate of service.
- Document
- Order
Should include
- •Certificate of service
Counsel should provide the proposed order to opposing counsel/pro se litigant for approval before submitting it to the Court via an email that advises the Court that the Order is agreed upon.
Filing & Service rules
Filing Timing and Cure Windows
A motion requesting an individual remote appearance must be submitted at least seven days before the hearing and identify whether the opposing party agrees or objects.
If a party requests that an individual party, attorney, or witness be permitted to appear remotely at an in-person hearing, a motion for the individual to appear remotely must be submitted at least 7 days prior to the hearing. The motion must state whether the opposing party agrees or objects to the requested remote appearance.
Page 3 | Courtroom
Service and Proof of Service Rules
Within five days after Division 30 electronically files the signed order, the attorney must file a certificate of compliance or certificate of service with the clerk.
Within 5 days and file a certificate of compliance/or certificate of service with the clerk of court.
Page 9 | Orders
Courtesy Copy Requirements
Courtesy copies of motions for rehearing should be emailed to the court for review.
Courtesy copies of Motions for Rehearing should be emailed to the Court for review.
Page 8 | Motions for Rehearing
Chambers Communication Rules
The hearing time must first be coordinated with the opposing counsel or pro se litigant, and hearings cannot be arranged by telephone.
You must coordinate the hearing time with opposing counsel/pro se litigant PRIOR to emailing the Judicial Assistant. Once a date/time has been confirmed by both parties, you must email the Judicial Assistant, include opposing counsel or pro- ===== PAGE 4 ===== se litigant, in order to secure hearing time. No hearings are set via phone.
Page 3 | Hearings
All emails to the judicial assistant must include the opposing counsel or pro se litigant.
WHEN EMAILING THE JUDICIAL ASSISTANT FOR ALL MATTERS, THE OPPOSING COUNSEL OR PRO SE LITIGANT MUST BE INCLUDED.
Page 3 | Courtroom
A hearing canceled fewer than 24 hours before the scheduled hearing remains on the docket, and parties are expected to appear.
If the Notice of Cancellation is not received at least 24 hours prior to the scheduled hearing, that hearing will remain on the Docket and parties are expected to appear.
Page 5 | Cancellation of Hearings
The court must be notified at least 24 hours in advance of a hearing cancellation so the hearing time can be offered to other parties.
Cancellations: Please notify the Court at least 24 hours in advance of any cancellations so that the hearing time can be offered to other parties.
Page 5 | Cancellation of Hearings
A party represented by a pro se opposing party must provide immediate notice of the hearing, while fully represented parties must provide notice no later than two weeks before the hearing date.
Parties Must Provide Notice of Hearing to The J.A. Immediately If Other Party Is Pro se, If Both Sides Are Represented Than No Later Than 2 Weeks Prior To The Hearing Date To Allow It To Appear On The Docket; Otherwise The Matter Will Not Be Heard
Page 5 | Courtroom/Setting a Hearing
Emergency motions must be emailed to the Judicial Assistant for court review.
Emergency motions must be e-mailed to the Judicial Assistant for the Court’s review.
Page 7 | Emergency & Expedited Motions
Email is the preferred method of communicating with the judge's office and should be sent to the dedicated division account; the office cannot receive ex parte communications, and all parties must be copied on communications with the office.
The preferred method of communication is e-mail. All emails should be sent to 30osceola@ninthcircuit.org, the dedicated division e-mail account. PLEASE NOTE, THE JUDGE’S OFFICE CANNOT RECEIVE EX-PARTE COMMUNICATIONS FROM ANYONE. YOU MUST ALWAYS COPY ALL PARTIES ON ANY AND ALL E-MAILS, CORRESPONDENCES AND/OR COMMUNICATION WITH THIS OFFICE.
Page 1 | Unified Family Court - Division 30-C Procedures
Any motion related to an uncontested dissolution final judgment, including a motion to deviate, must be emailed to the court.
If there are any Motions related to the Final Judgement (i.e., motions to deviate), please provide an email copy to the Court.
Page 5 | Attorney Uncontested Final Hearings
The Notice of Cancellation must be emailed to the Judicial Assistant when it is filed with the Clerk.
A Notice of Cancellation should be emailed to the Judicial Assistant at the time the Notice of Cancellation is filed with the Clerk.
Page 5 | Cancellation of Hearings
Uncontested paternity and supplemental final judgments may be emailed to the Judicial Assistant for judge review without a hearing when all required documents have been filed.
Uncontested Paternity Final judgements and Supplemental Final Judgements may be emailed to the Judicial Assistant for review by the Judge without a hearing if all required documents have been filed.
Page 6 | Uncontested Paternity Final Judgements/Supplemental Final Judgements