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Court Rules
Judge Elaine A. Barbour
Judge

Judge Elaine A. Barbour

Individual Rules, Standing Orders & Policies

Ninth Judicial Circuit of Florida, Orange and Osceola Counties

Limits & Logistics

Courtesy Copies

Case Law

  • Three Days Prior to Evidentiary Hearing

Exhibits

Trial Brief

  • 1 copy

Memoranda, Case Law, Other Hearing Materials

Court-wide
  • Before Hearing

Adjournments

  • Continuances are disfavored and require good cause; respondent-opposed motions require exceptional good cause, requests must be submitted at least five days before the scheduled court date, and the requesting party must sign unless good cause is shown.
Reason for Request

Communication

Email
ctjacb2@ocnjcc.org
Email

Chambers

45orange@ninthcircuit.org
SchedulingEmergencies
Phone

Chambers

407-836-2342
Hours: 9:00 a.m. to 5:00 p.m. Monday through Friday
Phone
(407) 836-0522
Technical Issues
Phone

Clerk

(407) 836-2303; (407) 742-2417
Fax

Clerk

407-836-2204; 407-835-5079
Email
Court-wide

Clerk

Technical Issues
Filters:

Document Format Requirements7 rules

FormattingMandatory

A notice of hearing involving any remote or virtual appearance must list the WebEx link and QR Code. All notices of hearing must contain the ADA notification required by Florida Rule of General Practice and Judicial Administration 2.540.

Div 45 Procedures 0 · p. 6
|SectionB. Scheduling Procedures
FormattingMandatory

Proposed orders and judgments must be submitted in Word format with a cover letter that either certifies agreement or identifies any disagreement.

File type
Word
Applies to
  • Proposed order
  • Judgment

Court's wording

All proposed orders and judgments must be submitted in Word format and 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 or judgment.

Div 45 Procedures 0 · p. 8
|SectionD. Submission of Orders and Judgments
FormattingMandatory

All exhibits must be brought to the courtroom, pre-marked with the Clerk’s approved exhibit tags.

Applies to
  • Exhibits

Formatting

  • Bring all exhibits to the courtroom
Div 45 Procedures 0 · p. 9
|SectionG. Exhibits for Evidentiary Proceedings
FormattingImportant

Please note: the Court does not have the ability to play a CD or DVD, and you should provide a USB drive with any video, audio, or photos (unless printed) or make your own arrangements for the CD or DVD to be played.

Formatting

  • Alternatively, make independent arrangements for CD or DVD playback
Div 45 Procedures 0 · p. 10
|SectionG. Exhibits for Evidentiary Proceedings
FormattingImportant

Please send the proposed Final Judgment and proposed Parenting Plan to the division email in Word format.

File type
Word
Applies to
  • Proposed final judgment
  • Proposed parenting plan
Div 45 Procedures 0 · p. 12
|SectionI. Setting Case for Trial
FormattingImportant

d. Usage: All forms should be in typewritten format.

Applies to
  • Forms

Formatting

  • Typewritten format
FormattingNote

A PDF format is acceptable for electronic submissions

Div 45 Procedures 0 · p. 9
|SectionE. Courtesy Copies of Case Law and Other Documents

Document Filing Requirements35 rules

Filing RequirementsMandatory

For dissolution-of-marriage and paternity cases, the Joint Pretrial Statement must contain the listed child, income, support, insurance, special-needs, contact-schedule, GAL-report, reimbursement, and stipulation information when the related relief is at issue.

Court's wording

SECTIONS A&B ARE FOR DISSOLUTION OF MARRIAGE CASES AND PATERNITY CASES A. Whether this is an original action or whether this is a supplemental proceeding. B. The Child(ren) a. Full names, ages, and dates of birth of the child(ren). b. Current time-sharing practiced and whether the time sharing is in place by Court order or by agreement of the parties. c. The gross and net incomes of each party pursuant to F.S. §61.30 for the purpose of setting child support, and the basis for the amount of income (pay stub, W-2, Federal Income Tax Return, etc. d. For child support: i. Amount of child support requested, pursuant to Florida Statutes. ii. Any retroactive, arrearage, or credit for support payments at issue and a proposed calculation and/or amount of each e. Any retroactive, arrearage, or credit for support payments at issue and a proposed calculation and/or amount of each. f. Any medical/dental/vision insurance policy for the child(ren) and the out-of- pocket premium amounts for the children only. g. Any special needs issues, including but not limited to medical, emotional, or education, regarding the child(ren) that may affect time sharing or child support and what that effect may be. h. Proposed contact schedule or reference to a filed Parenting Plan, as long as that Parenting Plan is complete. Include transportation and other specifics of the proposal, such as place and time for exchanges of the child(ren). i. GAL report and any agreement about whether the Court may consider the GAL report and any stipulations to hearsay in the report. j. For Paternity Cases only, whether the Mother is seeking reimbursement of any expenses of childbirth, and if so, in what amount along with a list of the documentation being provided to show the expenses. k. Reference any stipulations not included above.

Uniform-Order-Setting-PTC · p. 3
|SectionSections A&B Are for Dissolution of Marriage Cases and Paternity Cases
Filing RequirementsMandatory

When property will be distributed, the parties must prepare a joint equitable distribution spreadsheet and attach any stipulated values.

Court's wording

If there is property to be distributed, prepare a joint equitable distribution spreadsheet, including each party’s suggested value of marital and non-marital real and personal property and debts, and any stipulated values shall be attached.

Uniform-Order-Setting-PTC · p. 3
|SectionMeeting of Attorneys and Unrepresented Parties
Filing RequirementsMandatory

After the attorney or self-represented-party meeting, the petitioner must prepare and present a proposed joint pretrial statement signed by all participants, file it with the clerk, and deliver a copy to the judge at least five business days before the pretrial conference.

Court's wording

Following the meeting of attorneys and/or self- represented parties, counsel for the Petitioner or the Petitioner, if self-represented, shall prepare and present a proposed joint pretrial statement to counsel for the Respondent, or the Respondent if self-represented. The statement shall be signed by all attorneys and self- represented parties, filed with the Clerk, with a copy delivered to the judge no later than five (5) business days before the pre-trial conference.

Uniform-Order-Setting-PTC · p. 3
|SectionJoint Pretrial Statement
Filing RequirementsMandatory

For dissolution-of-marriage cases, the Joint Pretrial Statement must contain the specified marriage, separation, alimony, and retroactive-payment information when alimony is at issue.

Court's wording

SECTIONS C-F ARE FOR DISSOLUTION OF MARRIAGE CASES ONLY C. Alimony a. The Marriage: i. Date and place of marriage ii. Date of separation b. Amount of alimony proposed by each party. c. Nature of the alimony, i.e. specific type, term, and amount of alimony proposed by each party. d. Any retroactive, arrearage, or credit for payments that are an issue.

Uniform-Order-Setting-PTC · p. 4
|SectionSections C-F Are for Dissolution of Marriage Cases Only
Filing RequirementsMandatory

D. Real Property a. A list of all real property to be divided, including the address of each parcel of property, the legal description(s) of each and the identification number

Uniform-Order-Setting-PTC · p. 4
|SectionSections C-F Are for Dissolution of Marriage Cases Only
Filing RequirementsMandatory

F. Debts If over four items, these should instead be included in a joint equitable distribution spreadsheet.

Filing RequirementsMandatory

E. Personal Property If over four items, these should instead be included in a joint equitable distribution spreadsheet.

Uniform-Order-Setting-PTC · p. 5
|SectionE. Personal Property
Filing RequirementsMandatory

b. A detailed schedule of all photographs, exhibits, and documentary evidence that a party proposes to use, including impeachment and expert witnesses. The schedule should include enough information to identify each specific document, general categories of documents are not permitted. Composite exhibits are permitted if they are specifically identified.

Uniform-Order-Setting-PTC · p. 6
|SectionH. Trial Exhibits/Witnesses
Filing RequirementsMandatory

f. If fees are to be litigated at trial, attach an affidavit of fees. A supplemental affidavit will be permitted.

Uniform-Order-Setting-PTC · p. 6
|SectionG. Attorney’s Fees and Costs
Filing RequirementsMandatory

The joint equitable distribution spreadsheet must be emailed simultaneously to the Court and both parties at least five business days before the Pretrial Conference, and a printed copy must be attached to the Joint Pretrial Statement.

Court's wording

d. A joint equitable distribution spreadsheet: Petitioner or Petitioner’s counsel shall insert their numbers, then send to Respondent or Respondent’s counsel for their numbers. The joint equitable distribution spreadsheet shall be emailed to the Court and to both parties at the same time at least five (5) business days prior to the Pretrial Conference and a printed copy shall be attached to the Joint Pretrial Statement.

Uniform-Order-Setting-PTC · p. 6
|SectionH. Trial Exhibits/Witnesses
Filing RequirementsMandatory

Place in the email subject line: INTERPRETER REQUEST and in the body of the email your name, name of the party and/or witness needing services, case number, date/time of hearing and language requested.

Document
Interpreter request email
Placement
Body of the document

Include

  • INTERPRETER REQUEST
Div 45 Procedures 0 · p. 2
|SectionINTERPRETERS
Filing RequirementsMandatory

The hearing reservation request must include the case number, party and attorney names, motion title and filing date, requested hearing date/time/duration, evidentiary status, meet-and-confer certificate, virtual appearance information, interpreter information for domestic-violence matters, and jail-transport information.

Court's wording

Please include the following information in your request: 1. Case Number 2. Both Petitioner’s and Respondent’s Name and Attorneys’ Name(s) 3. Title of Motion and Date Filed 4. Date, Time, and Length of Time Being Requested 5. Whether the Hearing is Evidentiary in Nature (Testimony or Evidence Expected) 6. Certificate of Compliance with “Meet and Confer” and Hearing Coordination Requirements in Administrative Order 2014-19 7. Requests or Agreements to Appear Virtually 8. If DV, Whether an Interpreter is Needed, and Language Requested 9. Whether any Party is in Jail and Needs to be Transported to Court

Div 45 Procedures 0 · p. 5
|SectionB. Scheduling Procedures
Filing RequirementsMandatory

With the exception of DV cases, the position of the opposing party must be stated in the Motion or it may be denied.

Div 45 Procedures 0 · p. 7
|SectionC. Remote/Virtual Appearance
Filing RequirementsMandatory

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

Div 45 Procedures 0 · p. 7
|SectionC. Remote/Virtual Appearance
Filing RequirementsMandatory

Each proposed order or judgment must include a cover letter certifying unanimous agreement or identifying the parties' disagreement.

Court's wording

All proposed orders and judgments must be submitted in Word format and 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 or judgment.

Div 45 Procedures 0 · p. 8
|SectionD. Submission of Orders and Judgments
Filing RequirementsMandatory

All Emergency Motions must include “EMERGENCY MOTION” in the title.

Div 45 Procedures 0 · p. 9
|SectionF. Emergency and Other Urgent Matters
Filing RequirementsMandatory

If it is expedited relief that you are requesting, title your Motion “EXPEDITED” rather than “EMERGENCY,” and proceed accordingly.

Document
Expedited motion

Include

  • EXPEDITED
Div 45 Procedures 0 · p. 9
|SectionF. Emergency and Other Urgent Matters
Filing RequirementsMandatory

The UPTO requires a Joint Equitable Distribution Spreadsheet.

Div 45 Procedures 0 · p. 11
|SectionH. Pretrial Procedures and Conferences
Filing RequirementsMandatory

The UPTO requires a Joint Pre-Trial Memorandum with stipulations or proposed stipulations.

Div 45 Procedures 0 · p. 11
|SectionH. Pretrial Procedures and Conferences
Filing RequirementsMandatory

Prior to the CMC, counsel and pro se litigants must comply with all aspects of the Order setting the CMC.

Div 45 Procedures 0 · p. 11
|SectionH. Pretrial Procedures and Conferences
Filing RequirementsMandatory

When mediation ends with unresolved issues, counsel or pro se litigants must file a Notice for Non-Jury Trial with the Clerk and attach Form 51.

Court's wording

After Mediation is concluded, if any or all issues are unresolved, a Notice for Non-Jury Trial should be filed with the Clerk’s office. Pursuant to Administrative Order 2004-14-02, counsel or pro se litigants must attach a Form 51 to their Notice of Trial.

Div 45 Procedures 0 · p. 12
|SectionI. Setting Case for Trial
Filing RequirementsMandatory

Any Final Judgment in a case with children must include full names and dates of birth of the child and all child support details.

Div 45 Procedures 0 · p. 13
|SectionK. Other Division Procedures
Filing RequirementsMandatory

When submitting an Order or Final Judgment directing a party to make payments to the State Disbursement Unit, please submit an Income Deduction Order (IDO) (with attached Income Withholding Order (IWO) if there is child support) to be entered by the Court.

Div 45 Procedures 0 · p. 13
|SectionK. Other Division Procedures
Filing RequirementsMandatory

The Required Checklist for Entry of Final Judgment without Personal Appearance must be submitted to the division email along with all applicable agreements and the proposed Final Judgment in Word format.

Div 45 Procedures 0 · p. 13
|SectionK. Other Division Procedures
Filing RequirementsMandatory

The Parenting Plan and any Marital Settlement Agreement must be incorporated into the Final Judgment and attached as exhibits.

Div 45 Procedures 0 · p. 13
|SectionK. Other Division Procedures
Filing RequirementsMandatory

Send all documents to the division email when requesting hearing time. Send the Final Judgment in Word format.

Div 45 Procedures 0 · p. 13
|SectionK. Other Division Procedures
Filing RequirementsMandatory

Where parties or attorneys wish for the Court to rehear a Motion or reconsider a Motion, you must first timely file the Motion for Rehearing or Reconsideration pursuant to the Florida Law Rules.

Div 45 Procedures 0 · p. 14
|SectionK. Other Division Procedures
Filing RequirementsImportant

TO THE EXTENT THE PARTIES DIFFER AS TO HOW PORTIONS OF THE STATEMENT SHOULD READ, THE DIFFERING VIEWS SHOULD BE SET FORTH IN THE STATEMENT.

Uniform-Order-Setting-PTC · p. 3
|SectionJoint Pretrial Statement
Filing RequirementsImportant

c. All exhibits being presented should be pre-marked before the trial date. Instructions on how to properly pre-mark evidence and tags can be obtained through the Clerk of Court.

Uniform-Order-Setting-PTC · p. 6
|SectionH. Trial Exhibits/Witnesses
Filing RequirementsImportant

If unable to coordinate the date with opposing counsel or pro se litigants, detail your efforts to coordinate the hearing when you confirm the hearing time.

Div 45 Procedures 0 · p. 6
|SectionB. Scheduling Procedures
Filing RequirementsImportant

The Motion should also be verified.

Div 45 Procedures 0 · p. 9
|SectionF. Emergency and Other Urgent Matters
Filing RequirementsImportant

Where the parties do not have agreement on a Parenting Plan, the court may require the parties to produce a joint redline Parenting Plan.

Div 45 Procedures 0 · p. 11
|SectionH. Pretrial Procedures and Conferences
Filing RequirementsImportant

Please indicate whether the Final Judgment is agreed upon.

Div 45 Procedures 0 · p. 13
|SectionK. Other Division Procedures
Filing RequirementsMandatory

If the case is a Dissolution of Marriage with Children or a paternity case, parenting class certificates must be filed with the Clerk’s Office pursuant to Florida Statute 61.21 and Administrative Order 07-98-37-01.

Div 45 Procedures 0 · p. 12
|SectionI. Setting Case for Trial
Filing RequirementsImportant

Form 50 should be prepared and faxed to Dispute Resolution at 407-836-2367 to schedule Mediation.

Div 45 Procedures 0 · p. 12
|SectionI. Setting Case for Trial

Filing & Service rules

Electronic Filing Rules

The ex parte hearing request must include an e-filed copy of the motion and a Word copy of the proposed order.

Include an e-filed copy of the Motion, and a Word copy of the proposed Order.

Page 6 | B. Scheduling Procedures

Electronic submissions may be made by email.

Submission Method: E-mail.

Page 9 | E. Courtesy Copies of Case Law and Other Documents

Form 50 must be submitted to Dispute Resolution to schedule mediation and may be faxed to 407-836-2367.

File Form 50 with Dispute Resolution to schedule the Mediation. Form 50 may be faxed to 407-836-2367.

Page 10 | H. Pretrial Procedures and Conferences

Filing Timing and Cure Windows

A contested motion to continue the trial must be filed before the pretrial conference.

ANY CONTESTED MOTIONS TO CONTINUE THE TRIAL SHALL BE FILED PRIOR TO THE PRE-TRIAL CONFERENCE.

Page 1 | Trial Date

The Joint Pretrial Statement must be filed and a copy delivered to the judge at least five business days before the pretrial conference.

The statement shall be signed by all attorneys and self- represented parties, filed with the Clerk, with a copy delivered to the judge no later than five (5) business days before the pre-trial conference.

Page 3 | Joint Pretrial Statement

The equitable-distribution spreadsheet must be emailed to the judge’s office at least five days before the pretrial conference, with a printed copy attached to the Joint Pretrial Statement.

The joint equitable distribution spreadsheet shall be emailed to the Judge’s office no later than five (5) days before the pretrial conference and a printed copy shall be attached to the Joint Pretrial Statement.

Page 3 | Meeting of Attorneys and Unrepresented Parties

A party refusing to cooperate must file its own Pretrial Statement or spreadsheet at least five days before the Pretrial Conference and bring the statement with the relevant communications to the conference.

each party MUST file its own Pretrial Statement and/or spreadsheet at least five (5) days prior to the Pretrial Conference and bring a copy of the Pretrial Statement to the Pretrial Conference accompanied by the communications between the parties and/or their attorneys

Page 7 | Joint Pretrial Statement

Trial-directed motions, including motions in limine and motions to exclude witnesses or evidence, must be filed and served at least five days before the Pretrial Conference.

All motions in limine or to exclude witnesses, evidence, or other motions directed to the conduct of the trial for which grounds then exist must be filed and copies delivered to opposing counsel or self-represented litigant at least five (5) days before the Pretrial Conference.

Page 7 | Joint Pretrial Statement

Each party must file a new executed and updated financial affidavit at least seven days before the Pretrial Conference.

A new executed updated Financial Affidavit for each party shall be filed no later than seven (7) days before the Pretrial Conference.

Page 7 | Joint Pretrial Statement

All discovery must close the day before the Pretrial Conference unless the court extends the deadline by order for good cause shown.

ALL DISCOVERY SHALL CLOSE ON THE DAY PRIOR TO THE PRE-TRIAL CONFERENCE UNLESS EXTENDED BY COURT ORDER FOR GOOD CAUSE SHOWN.

Page 7 | Joint Pretrial Statement

All hearing materials must be received by the court no later than three business days before the hearing.

The court must receive all materials for the hearing no later than three business days before the hearing.

Page 6 | B. Scheduling Procedures

Objections to a virtual-appearance motion must be filed within 10 days after service.

Any objections must be filed within 10 days after service as provided for by Rule 2.530.

Page 7 | C. Remote/Virtual Appearance

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

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

Page 8 | D. Submission of Orders and Judgments

Submissions must be made no later than three days before an evidentiary hearing.

Deadline for Submissions: Not later than three (3) days before any evidentiary hearing.

Page 9 | E. Courtesy Copies of Case Law and Other Documents

A written objection to referral to a General Magistrate must be filed within 10 days after service of the referral order.

Any written Objection to a referral must be filed within 10 days of the service of the order of referral.

Page 10 | H. Pretrial Procedures and Conferences

Updated final judgment, parenting plan, and child support guidelines must be provided to the court and opposing party or pro se litigant at least three business days before trial, or as specified in the Order Setting Trial.

Both sides will be required to provide an updated Final Judgment, Parenting Plan, and Child Support Guidelines to the Court and opposing counsel or pro se litigant at least three business days prior to trial or as detailed in the Order Setting Trial.

Page 12 | I. Setting Case for Trial

The proposed final judgment must be sent to the court before the hearing.

The proposed Final Judgment must be sent to the Court prior to the hearing.

Page 13 | K. Other Division Procedures

New financial affidavits will not be accepted at or after the Pretrial Conference unless good cause is shown.

No new financial affidavits will be accepted at or after the Pretrial Conference absent good cause.

Page 7 | Joint Pretrial Statement

If a trial brief is mailed, an additional five working days must be allowed for mailing and delivery before the five-business-day trial-brief deadline.

If mailed, allow at least an additional five (5) working days for mailing and delivery prior to the deadline.

Page 8 | Joint Pretrial Statement

Service and Proof of Service Rules

A notice of hearing must be filed and served immediately after the hearing time is confirmed.

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

Page 6 | B. Scheduling Procedures

A virtual-appearance motion must be filed with a copy to the opposing party.

A motion requesting virtual appearance must be filed with a copy to the opposing party.

Page 7 | C. Remote/Virtual Appearance

Exhibit lists, exhibits, and case law should be electronically exchanged among the parties no later than three days before an evidentiary hearing.

Exhibit Lists, exhibits and case law should be electronically exchanged between the parties not later than three (3) days prior to any evidentiary hearing.

Page 10 | G. Exhibits for Evidentiary Proceedings

A copy of every exhibit must be provided to opposing counsel or the pro se litigant under the Uniform Pre-Trial Order, including previously disclosed discovery materials.

You will also be required to provide a copy of all exhibits to opposing counsel or pro se litigant pursuant to the UPTO, even if the items were previously disclosed through the Discovery process.

Page 11 | H. Pretrial Procedures and Conferences

Courtesy Copy Requirements

Trial briefs are optional, but if filed, the original and a chambers copy must be provided to the judge no later than five business days before trial begins.

Trial briefs are optional; but if one is to be filed, the original should be filed and chamber’s copy provided and received by the judge not later than five (5) business days before the beginning of trial.

Page 7 | Joint Pretrial Statement

Attorneys and self-represented litigants must bring sufficient copies of every exhibit for the clerk, court, and each party.

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.

Page 10 | G. Exhibits for Evidentiary Proceedings

A courtesy copy of case law must be brought to an evidentiary hearing if it was electronically submitted to the court and opposing party at least three days before the hearing.

Courtesy copies of case law must be brought to the proceeding, a copy of same having been previously electronically submitted to the court and opposing party three (3) days prior to any evidentiary hearing.

Page 8 | E. Courtesy Copies of Case Law and Other Documents

Filing Bundling Requirements

The Court will not accept an exhibit binder in advance without prior approval.

The Court does not accept exhibit binders in advance without prior approval.

Page 9 | G. Exhibits for Evidentiary Proceedings

For complex litigation, parties should contact the judicial assistant about delivering or submitting trial or hearing binders.

For complex litigation cases, the JA should be contacted regarding delivery/submission of trial or hearing binders.

Page 9 | E. Courtesy Copies of Case Law and Other Documents

The Court disfavors advance submission of trial or hearing binders.

The Court does not favor advance submission of trial or hearing binders.

Page 9 | E. Courtesy Copies of Case Law and Other Documents

Pre-Motion Conference Requirements

Parties must attend mediation before seeking temporary relief.

parties must attend mediation prior to seeking temporary relief

Page 10 | H. Pretrial Procedures and Conferences

After mediation, parties may seek temporary relief or file a Notice of Non-Jury Trial.

After attending mediation, parties may seek temporary relief or file a Notice of Non-Jury Trial.

Page 10 | H. Pretrial Procedures and Conferences

Parties should attend mediation before requesting hearing time for temporary relief in domestic-relations cases.

Parties should attend Mediation before requesting hearing time for temporary relief in DR cases.

Page 10 | H. Pretrial Procedures and Conferences

Parties with a history of domestic violence may seek a motion to dispense with mediation under Florida Statute 44.102(2)(c).

Motions to Dispense with Mediation can be sought for those parties with a history of domestic violence pursuant to Florida Statute 44.102(2)(c).

Page 10 | H. Pretrial Procedures and Conferences

Adjournment & Extension Requirements

Continuances are disfavored and require good cause; respondent-opposed motions require exceptional good cause, requests must be submitted at least five days before the scheduled court date, and the requesting party must sign unless good cause is shown.

Continuances are disfavored and will be granted only upon good cause shown. Due to the 10 week injunction docket rotation schedule, Respondent opposed motions to continue will not be granted without exceptional good cause. A request for continuance must be submitted at least five 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

Page 6 | B. Scheduling Procedures

A timely motion to modify the Uniform Pre-Trial Order is required when an extension or modification of time is needed.

If modifications or extensions of time are needed, a timely Motion to Modify the UPTO is required.

Page 11 | H. Pretrial Procedures and Conferences

Chambers Communication Rules

An unrepresented party must email the judicial assistant at least 48 hours before the pretrial conference, provide an email address, and include the case number, name, and court date to obtain the video link.

If you are unrepresented by counsel, you must email the Judicial Assistant at CTJACB2@OCNJCC.ORG at least 48 hours prior and provide your email address to receive the video link. In the email, include your case number, name and court date.

Page 1 | Virtual Pretrial Conference

Upon settlement, the parties must immediately email the judge’s judicial assistant a Notice of Settlement with the actual agreement attached and a signed statement that all outstanding issues are addressed before the trial is removed from the docket.

The parties will notify the Judge’s judicial assistant immediately by email upon the case being settled and email a Notice of Settlement with the actual settlement agreement attached and a statement that such settlement addresses all outstanding issues of the parties signed by both parties and their attorneys before the trial will be removed from the docket.

Page 8 | Joint Pretrial Statement

Use the Division 45 email for hearing requests and other matters, copy opposing counsel and pro se litigants on correspondence to the Judicial Assistant, and note that an email may receive no response if they are not copied.

CONTACT: The division email should be used for all hearing requests or other matters. You must copy opposing counsel and pro se litigants on all correspondence to the Judicial Assistant (JA) at the division email; otherwise, the email may not be responded to. The division email is: 45Orange@ninthcircuit.org

Page 1 | Contact Information

An interpreter request must be emailed to the Division 45 Judicial Assistant no later than five business days before the hearing.

If you need an interpreter for a case, you must email the judicial assistant at Division 45 email not less than 5 business days in advance of your hearing.

Page 2 | INTERPRETERS

All communications to the judicial office must be sent by email with a subject line containing the case number, case name, and relevant matter.

All communications to the judicial office must be submitted by e-mail to Christine Bratek-Cohen. The subject line must contain the case number, case name, and relevant matter (e.g., 2024 DR 001234 SC – Doe v. Doe - 2-Hour Hearing Requested.)

Page 3 | A. Communications with the Judicial Office

Emails to the judicial office generally must copy all parties and should be directed to the judicial assistant 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 exparte communication is authorized by law. All inquires should be directed to the judicial assistant.

Page 3 | A. Communications with the Judicial Office

An email attaching an emergency motion must identify it as an emergency motion in the subject line.

Any emergency motion attached must state “emergency motion” in the subject line.

Page 3 | A. Communications with the Judicial Office

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 4 | A. Communications with the Judicial Office

For ex parte or short matters, the party must contact the judicial assistant at the division email.

Please contact the judicial assistant at the division email.

Page 5 | B. Scheduling Procedures

The attorney must reserve hearing time by emailing the division email, attaching an e-filed copy of the relevant motion, and copying opposing counsel or the pro se litigant on all correspondence.

Finally, email the division email to reserve the hearing time. Please attach an e-filed copy of the relevant Motion to your request. You must copy opposing counsel or pro se litigant on all correspondence to the division email.

Page 5 | B. Scheduling Procedures

After coordinating the ex parte date, the party must confirm the date and time by emailing the division email.

Once you have coordinated a date, confirm the date and time by emailing the division email.

Page 6 | B. Scheduling Procedures

To set an ex parte or short matter, the party must email the division email to confirm available dates and coordinate the date with opposing counsel or the pro se litigant.

Please email the division email to confirm available ex parte dates and coordinate a date with opposing counsel or pro se litigants.

Page 6 | B. Scheduling Procedures

The e-filed emergency motion must be emailed to the division email, with the subject line identifying it as an Emergency Motion.

E-mail the e- filed copy of the Motion to the division email and indicate in the subject line of the email that it is an Emergency Motion. An Emergency Motion

Page 9 | F. Emergency and Other Urgent Matters

Interpreter services for Domestic Violence cases are generally available only on Wednesdays and Thursdays.

Generally, interpreters for DV cases are only available on Wednesdays and Thursdays.

Page 2 | INTERPRETERS

Interpreter services remain unconfirmed until the Judicial Assistant sends a confirmation email.

Interpreter services are not confirmed until you receive a confirmation email back from the judicial assistant.

Page 2 | INTERPRETERS

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

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

Page 3 | A. Communications with the Judicial Office

Telephone communication should be limited to those instances where no email response has been received within 48 hours of the initial e-mail.

Telephone communication should be limited to those instances where no email response has been received within 48 hours of the initial e-mail.

Page 4 | A. Communications with the Judicial Office

Attorneys and self-represented litigants must update their contact information using Form 2.603 whenever the email account registered for electronic service 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 4 | A. Communications with the Judicial Office

Materials should not be hand delivered. Absent other approval, all materials should be e-mailed to the judicial assistant.

Materials should not be hand delivered. Absent other approval, all materials should be e-mailed to the judicial assistant.

Page 6 | B. Scheduling Procedures

A copy of the e-filed Notice and Form 51 must be emailed to the division email to begin the trial procedure process.

Email a copy of the e-filed Notice and Form 51 to the division email in order for the trial procedure process to begin.

Page 12 | I. Setting Case for Trial

The e-filed motion for rehearing or reconsideration must be emailed to the division email for review.

Email the e-filed copy of the Motion to the division email for review.

Page 14 | K. Other Division Procedures

You may also contact the JA at least 48 hours prior to the pre-trial conference for the link.

You may also contact the JA at least 48 hours prior to the pre-trial conference for the link.

Page 1 | Virtual Pretrial Conference

Division 45 lists a telephone number, email address, and weekday business hours of 9:00 a.m. to 5:00 p.m.

Telephone: 407-836-2342 E-mail: 45Orange@ninthcircuit.org Business hours: 9:00 a.m. to 5:00 p.m. Monday through Friday

Page 1 | Contact Information

Neither the Judge nor the Judicial Assistant may provide legal advice to a pro se litigant regarding the case.

The Judge and the JA cannot provide legal advice to you regarding your case.

Page 1 | PRO SE LITIGANTS

The Court will provide interpreters for Domestic Violence and Domestic Relations cases when requested.

INTERPRETERS: The Court will provide interpreters for DV 1 cases DR 2 cases upon request.

Page 2 | INTERPRETERS

The judicial assistant cannot provide legal advice, will respond to inquiries during normal business hours, and will identify the expected return time in an out-of-office response.

The judicial assistant is not authorized to provide legal advice. All inquiries needing response will be responded to during normal business hours. An “out-of-office” response will state when the judicial assistant is expected to return.

Page 4 | A. Communications with the Judicial Office

The division email may be used to inquire whether a hearing is required before setting one.

You may inquire by email to the division email as to whether a hearing is required before setting the hearing.

Page 6 | B. Scheduling Procedures

Proposed orders should be submitted via e-mail to the division email

Proposed orders should be submitted via e-mail to the division email

Page 8 | D. Submission of Orders and Judgments

The IT Department or Help Desk should be contacted by phone at (407) 836-0522 or through an online request for audio-visual equipment assistance.

If assistance with audio/visual equipment is needed, contact the IT Department/Help Desk Line at (407) 836-0522 or by online request.

Page 14 | K. Other Division Procedures

ADA accommodation requests must be made at least seven days before the court appearance, or immediately when less than seven days' notice is received, using the listed county contacts.

Please contact: in Orange County, ADA Coordinator, Human Resources, Orange County Courthouse, 425 N. Orange Avenue, Suite 510, Orlando, Florida, (407) 836-2303, fax: 407-836-2204; and in Osceola County: ADA Coordinator, Court Administration, Osceola County Courthouse, 2 Courthouse Square, Suite 6300, Kissimmee, FL 34741, (407) 742-2417, fax 407-835-5079 at least 7 days before your scheduled court appearance, or immediately if you receive less than a 7 day notice to appear.

Page 14 | K. Other Division Procedures

Court-wide rules

Applies court-wide

These 181 rules apply across Ninth Judicial Circuit of Florida, Orange and Osceola Counties. Where this judge's own standing orders above address the same topic, the judge's requirement controls.

Filing Requirements

All 99
  • Applies to
    Child support guidelines worksheet

    The Child Support Guidelines Worksheet must match the child support amount stated in the Final Judgment.

  • Applies to
    Proposed final judgment

    Counsel must bring the original proposed Final Judgment to the final hearing.

  • Applies to
    Proposed final judgment
    Must include
    certificate of service

    The proposed Final Judgment must include a proper certificate of service naming both parties.

Service

All 20
  • Applies to
    Final judgment

    After the Final Judgment is signed, counsel must sign its certificate of service and provide copies to all parties.

  • Applies to
    Income deduction order

    A copy of the Income Deduction Order must be served on the obligor’s payor or payors.

  • Applies to
    Income deduction order

    The obligor must notify the obligee and, when applicable, the IV-D agency within seven days after a change in address or payor information.

Communication

All 17
  • Contact
    Phone to clerk
    Phone
    407-836-2059

    Employers and income withholders may contact the Orange County Clerk of Courts by phone at 407-836-2059, by email, or through the court website for questions.

  • Contact
    Phone to clerk
    Phone
    407-836-2059

    Employees and obligors may contact the Orange County Clerk of Courts by phone at 407-836-2059, by email, or through the court website for questions.

  • Contact
    Phone to clerk
    Phone
    407-836-2059

    Questions may be directed to the Orange County Clerk of Courts by phone at 407-836-2059 or by email/website at the listed address.

Formatting

All 14
  • All incorporated exhibits must be properly tagged with a Clerk’s evidence tag.

  • Every checklist line must be completed with a date, and check marks, Xs, and N/A entries are prohibited.

  • The Income Withholding for Support form must be regular on its face.

About Judge Elaine A. Barbour

Elaine A. Barbour is listed as a current judicial officer of the Ninth Judicial Circuit of Florida. The circuit publishes these sections on the profile page: Judicial Assignment, Education, Certifications, Professional Activities, Multimedia, Important Information.

Current assignment

Division or department: Domestic Relations, Division 45 / 3 Courtroom: 10-B Chambers: Orange County Courthouse Phone: 407.836.2342 Judicial assistant: Christine Cohen Judicial assistant email: ctjacb2@ocnjcc.org

Official sources

Common questions about Judge Elaine A. Barbour's rules

Are courtesy copies required for Judge Elaine A. Barbour?

Courtesy-copy rule applies for trial briefs. Details: 1 copy. Trial briefs are optional, but if filed, the original and a chambers copy must be provided to the judge no later than five business days before trial begins.

View ruleSource: page 7, section Joint Pretrial Statement

Does Judge Elaine A. Barbour require a pre-motion conference or letter before filing a motion?

After mediation, parties may seek temporary relief or file a Notice of Non-Jury Trial.

View ruleSource: page 10, section H. Pretrial Procedures and Conferences

What formatting rules apply to filings before Judge Elaine A. Barbour?

Judge Elaine A. Barbour's formatting rule includes file format docx. Proposed orders and judgments must be submitted in Word format with a cover letter that either certifies agreement or identifies any disagreement.

View ruleSource: page 8, section D. Submission of Orders and Judgments

What must be included with joint pretrial statement filings before Judge Elaine A. Barbour?

For dissolution-of-marriage and paternity cases, the Joint Pretrial Statement must contain the listed child, income, support, insurance, special-needs, contact-schedule, GAL-report, reimbursement, and stipulation information when the related relief is at issue.

View ruleSource: page 3, section Sections A&B Are for Dissolution of Marriage Cases and Paternity Cases

What must be included with joint equitable distribution spreadsheet filings before Judge Elaine A. Barbour?

When property will be distributed, the parties must prepare a joint equitable distribution spreadsheet and attach any stipulated values.

View ruleSource: page 3, section Meeting of Attorneys and Unrepresented Parties

How may parties contact Judge Elaine A. Barbour's chambers?

The rule lists email CTJACB2@OCNJCC.ORG. An unrepresented party must email the judicial assistant at least 48 hours before the pretrial conference, provide an email address, and include the case number, name, and court date to obtain the video link.

View ruleSource: page 1, section Virtual Pretrial Conference

How do I request an adjournment or extension before Judge Elaine A. Barbour?

A timely motion to modify the Uniform Pre-Trial Order is required when an extension or modification of time is needed.

View ruleSource: page 11, section H. Pretrial Procedures and Conferences

Does Judge Elaine A. Barbour require motion papers to be bundled?

The Court will not accept an exhibit binder in advance without prior approval.

View ruleSource: page 9, section G. Exhibits for Evidentiary Proceedings

Is electronic filing required before Judge Elaine A. Barbour?

Yes. Electronic filing is required for the covered filings. Form 50 must be submitted to Dispute Resolution to schedule mediation and may be faxed to 407-836-2367.

View ruleSource: page 10, section H. Pretrial Procedures and Conferences

What filing deadlines does Judge Elaine A. Barbour set?

A contested motion to continue the trial must be filed before the pretrial conference.

View ruleSource: page 1, section Trial Date

What rule applies to service for notice of hearing before Judge Elaine A. Barbour?

A notice of hearing must be filed and served immediately after the hearing time is confirmed.

View ruleSource: page 6, section B. Scheduling Procedures
Complete rules summary for Judge Elaine A. Barbour

For dissolution-of-marriage and paternity cases, the Joint Pretrial Statement must contain the listed child, income, support, insurance, special-needs, contact-schedule, GAL-report, reimbursement, and stipulation information when the related relief is at issue.

A contested motion to continue the trial must be filed before the pretrial conference.

When property will be distributed, the parties must prepare a joint equitable distribution spreadsheet and attach any stipulated values.

The equitable-distribution spreadsheet must be emailed to the judge’s office at least five days before the pretrial conference, with a printed copy attached to the Joint Pretrial Statement.

After the attorney or self-represented-party meeting, the petitioner must prepare and present a proposed joint pretrial statement signed by all participants, file it with the clerk, and deliver a copy to the judge at least five business days before the pretrial conference.

An unrepresented party must email the judicial assistant at least 48 hours before the pretrial conference, provide an email address, and include the case number, name, and court date to obtain the video link.

F. Debts If over four items, these should instead be included in a joint equitable distribution spreadsheet.

When the parties disagree about portions of the Joint Pretrial Statement, the statement must state their differing views.

E. Personal Property If over four items, these should instead be included in a joint equitable distribution spreadsheet.

For dissolution-of-marriage cases, the Joint Pretrial Statement must contain the specified marriage, separation, alimony, and retroactive-payment information when alimony is at issue.

If attorney fees will be litigated at trial, an affidavit of fees must be attached, and a supplemental affidavit is permitted.

All exhibits to be presented should be pre-marked before the trial date, and information about proper pre-marking may be obtained from the Clerk of Court.

The joint equitable distribution spreadsheet must be emailed simultaneously to the Court and both parties at least five business days before the Pretrial Conference, and a printed copy must be attached to the Joint Pretrial Statement.

Each party must file a new executed and updated financial affidavit at least seven days before the Pretrial Conference.

New financial affidavits will not be accepted at or after the Pretrial Conference unless good cause is shown.

All discovery must close the day before the Pretrial Conference unless the court extends the deadline by order for good cause shown.

Trial-directed motions, including motions in limine and motions to exclude witnesses or evidence, must be filed and served at least five days before the Pretrial Conference.

Trial briefs are optional, but if filed, the original and a chambers copy must be provided to the judge no later than five business days before trial begins.

Upon settlement, the parties must immediately email the judge’s judicial assistant a Notice of Settlement with the actual agreement attached and a signed statement that all outstanding issues are addressed before the trial is removed from the docket.

A party refusing to cooperate must file its own Pretrial Statement or spreadsheet at least five days before the Pretrial Conference and bring the statement with the relevant communications to the conference.

The Joint Pretrial Statement must be filed and a copy delivered to the judge at least five business days before the pretrial conference.

You may also contact the JA at least 48 hours prior to the pre-trial conference for the link.

If a trial brief is mailed, an additional five working days must be allowed for mailing and delivery before the five-business-day trial-brief deadline.

b. A detailed schedule of all photographs, exhibits, and documentary evidence that a party proposes to use, including impeachment and expert witnesses. The schedule should include enough information to identify each specific document, general categories of documents are not permitted. Composite exhibits are permitted if they are specifically identified.

For dissolution-of-marriage cases, the Joint Pretrial Statement must list all real property to be divided, including each parcel’s address, legal description, and identification number when real property is at issue.

Form 50 must be submitted to Dispute Resolution to schedule mediation and may be faxed to 407-836-2367.

Interpreter services remain unconfirmed until the Judicial Assistant sends a confirmation email.

Form 50 must be prepared and faxed to Dispute Resolution at 407-836-2367 to schedule mediation.

Neither the Judge nor the Judicial Assistant may provide legal advice to a pro se litigant regarding the case.

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

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