Judge Michael Deen
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Courtesy Copies
Notice of Hearing
Trial Briefs
- At Least 5 Working Days Before Trial
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 Requirements15 rules
Submitted to the Judge prior to the first day of trial. File originals with the Clerk and provide a Copy in MS Word (in Times New Roman font – 12 pt. single spaced) to the Court via email the Judicial Assistant at 39orange@ninthcircuit.org
- File type
- Word
- Font
- Times New Roman
- Font size
- 12 points
- Line spacing
- Single
Formatting
- •File originals with the clerk
All exhibits must be marked before the day of trial
- Exhibits
Formatting
- •Marked before the day of trial
All exhibits and demonstrative aids must be exchanged, initialed by all counsel, tagged and marked for identification, and have any objections separately noted.
Court's wording
Exhibits and Demonstrative Aids: Per the Uniform Order Setting Case for Trial, all exhibits and demonstrative aids (including Power Point Presentations) must be exchanged, initialed by counsel for all parties, and tagged and marked for identification. Any objections must be separately noted.
If a Power Point presentation is to be used in opening statements or closing arguments, a hard copy must be filed with the Clerk to create an appellate record.
Jury instructions must have a case-style cover page, specified margins and New Roman spacing, completed party names, deleted Notes for Use, and all inapplicable blanks or bracketed terms removed.
- Font size
- 12 points
- Line spacing
- Single
- Margins
- Top 1 inch; Bottom 1 inch; Left 1.25 inches; Right 1.25 inches
- Jury instructions
Formatting
- •Delete 'Notes for Use.'
Court's wording
Jury instructions must include a cover page with the case style and be formatted with 1” margins at the top and bottom, and not less than 1.25” margins at the left and right, in 12-Point New Roman font, single-spaced. The parties’ names must be filled in where appropriate. “Notes for Use” must be deleted. Any blanks or bracketed terms contained in the standard jury instructions must be filled in or deleted if inapplicable.
Proposed orders and cover letters submitted electronically to 39orange@ninthcircuit.org must be in Word format.
- File type
- Word
- Proposed order
- Cover letter
All Exhibits shall be marked for identification purposes only utilizing LETTERS and shall be given a number once the exhibit is received into evidence.
- Exhibits
Formatting
- •Mark exhibits for identification using letters; assign numbers when received into evidence
If the hearing is in person, all exhibits must be tagged with the yellow tags utilized by the clerk BEFORE the hearing.
Copy in MS Word (in Times New Roman font – 12 pt. single spaced)
- File type
- Word
- Font
- Times New Roman
- Font size
- 12 points
- Line spacing
- Single
Be labeled using their first and last names
The Word file name must: (a) include the case number [e.g., 20**-CA-*******], (b) abbreviated case style [e.g., Doe v. Jones], and (c) whether the file is a “Proposed Order” or “Cover Letter”.
DO NOT SEND HARDCOPIES OR USBs.
Formatting
- •Do not send hardcopies or USBs
If all letters are utilized, exhibits should be marked with two letters, such as AA.
If you are unable to send your hearing materials in two emails due to the attachments being too large, try summarizing the case law (with cites) you are attaching instead of sending every case and try again.
Please send your hearing materials in no more than two emails.
- Hearing materials
Formatting
- •Hearing materials must be sent in no more than two emails
Document Filing Requirements60 rules
If yes, provide a blank Order for the Court with columns for the designation (page and line), objection, and a place for the Court to rule. The Court will rule in chambers.
All exhibits and demonstrative aids must be exchanged, initialed by all counsel, and tagged and marked for identification.
Court's wording
all exhibits and demonstrative aids (including Power Point Presentations) must be exchanged, initialed by counsel for all parties, and tagged and marked for identification. Any objections must be separately noted.
Demonstrative aids may NOT be used during Opening Statement without (i) agreement or (ii) prior (before the first day of trial) court order.
Submitted to the Judge prior to the first day of trial. File originals with the Clerk and provide a Copy in MS Word (in Times New Roman font – 12 pt. single spaced) to the Court via email the Judicial Assistant at 39orange@ninthcircuit.org
1- The specific amount of the gross settlement in this proposed offer and Motion for Approval.
The court generally needs the guardian ad litem appointment and report, with the amount potentially determining whether appointment is required; the report should address the parent or guardian's position on settlement and distribution.
Court's wording
3- The appointment of, and report from, a Guardian Ad Litem regarding the proposed settlement. The dollar amount, as noted above may require the appointment of a GAL. Special attention will be necessary where the Personal Representative is representing the entire Estate and all the survivors and appears.to have "potential adverse interest(s) to the minor(s)." The GAL should present the position of the natural parent or guardian as to the settlement and distribution and whether it comports with the GAL's recommendation or that it does not.
5- The Court will need to know how the funds will be invested or protected and in what institution(s) or through which vehicle(s). This would include the rating or stability of the institution(s) or fund(s).
The court generally needs a detailed closing statement, but the statement should not be filed and must instead be submitted under seal or brought to the hearing.
Court's wording
4- A copy of a detailed closing statement showing the attorney's fees and the recipients, costs expended or to be expended, anticipated distribution of funds and to whom, liens resolved and unresolved, outstanding balances owed, as required by The Rules Regulating The Florida Bar and specifically Rule 4-1.5, and unresolved claims against the Estate, as well as any other claims being compensated from these proceeds. The closing statement should NOT befiled with the Court and should be submitted to the Court directly under seal or be brought to the hearing if one is held.
2- The itemized proposed distribution amongst the beneficiaries and/or survivors, the Estate, or other entities with claims and costs and attorney's fees.
A copy of the release and applicable settlement agreements must be provided, together with assurances of counsel's review and written agreement that the release applies only to the settling party and its insurers as insurers of that party.
Court's wording
A copy of the release, and any settlement agreements to which the minor, or his guardian on behalf of the minor, will need to sign and assurances that it has been reviewed by counsel and that all parties agree, in writing, that it is only intended to release the settling party and their insurers as insurers of this particular settling party, and is not intended to release any other defendant or non-party.
Copies of the initial medical records including the history and physical showing the presenting condition, if hospitalized the admission and discharge and summary resume will be necessary.
A final report from each primary treating physician with an indication of the need for, or the lack of need for, future care and, if possible the approximate costs.
If the injury or treatment involves resulting scarring or disfigurement, photographs of the child after the incident and photographs of the present condition will be required.
A copy of annuity information must be provided if an annuity will be purchased.
Court's wording
If an annuity is to be purchased, the Court will need a copy of the information setting forth the cost, present value, payment schedule, the name of the company that will be used, the name of the owner of the annuity and its relationship to those companies being released, as well the rating of the company.
Short Matters must be coordinated with opposing party; failing that, the NOH must state a detailed reason for not coordinating the short matters hearing accompanied by any coordination attempts in writing.
Regular hearing requests MUST be confirmed by the Judicial Assistant BEFORE parties are allowed to file a Notice of Hearing (NOH).
Upon receiving a confirmation from the Judicial Assistant, a notice of hearing which shall contain a certificate of compliance that a meet and confer took place on the motion notice.
- Document
- Notice of hearing
Must include
- •Certificate of conference
The objections must state the specific reasons for the objections.
Requests for an examination must set forth the time, place, manner, conditions and scope of the examination as well as the name of and the qualifications of the person conducting the examination with specificity.
A hearing must be immediately requested on any objection filed. Failure to set the objection for immediate hearing will be deemed an “Abandonment of the Request” under the rules.
Examinations sought under Fla. R. Civ. P. 1.360(a)(1)(B) [non-physical condition] must be obtained with an order from this Court, or with a written agreement of all parties.
Any changes of opinions or conclusions based on new information must be made known to opposing counsel immediately, a revised or supplemental report provided and dates for updated depositions must also be provided.
Experts rendering opinions under this rule will be prohibited from expressing opinions, diagnostic impressions, causation opinions and other conclusions that are not contained within the written report.
Pursuant to Fla. R. Civ. P. 1.360(b) a “detailed written report” will be issued by the examining physician or healthcare provider and provided to all counsel no later than 14 business days after the day of the examination.
If the non-moving party does not respond within three days, the moving party must submit two proposed orders: one addressing the requested relief and one compelling a written response within ten days.
Court's wording
3) If No Response is Filed: If the non-moving party refuses to submit a response to the motion or otherwise does not respond to the movant within three days, the moving party shall submit two proposed orders: (a) a proposed order addressing the relief requested in the motion; and (b) a proposed order compelling a written response within ten (10) days.
1) Agreed Motions: If the motion is agreed to, or unopposed, counsel may simply email the filed motion along with a proposed order. The proposed order must state in the title that it is an agreed order and otherwise comply with the requirements of Section A(11) of these Procedures.
A hearing request must follow prior coordination with opposing counsel and be emailed to the judicial assistant with specified case, motion, timing, appearance, conference, and evidentiary information.
Court's wording
To secure hearing time, coordinate with opposing counsel, then email 39orange@ninthcircuit.org with the following in the body of the email: Case No. Full Case Style Motion(s) to be heard Date/Time Coordinated Amount of time requested Remote or In-person appearance Date "meet & confer" completed Is the case evidentiary (require testimony and/or submission of exhibits):
For evidentiary hearings, the hearing request must indicate that an evidentiary hearing is being requested
- Document
- Hearing request
Must include
- •Evidentiary hearing
the party requesting the hearing shall submit the request for hearing time to the judicial assistant with all documentation (including emails) demonstrating that party’s efforts to coordinate a hearing date. The notice of hearing must state that the opposing party refused to coordinate a hearing time in the Certificate of Compliance.
the notice of hearing must expressly state that the hearing will be evidentiary (e.g., “Notice of Evidentiary Hearing”).
- Document
- Notice of hearing
Must include
- •Notice of Evidentiary Hearing
The notice of hearing must state that the opposing party refused to coordinate a hearing time in the Certificate of Compliance.
- Document
- Notice of hearing
- Placement
- Certificate section
An emergency-hearing motion must include a Certificate of Emergency with counsel’s certification and acknowledgment of possible cancellation or rescheduling of other matters.
- Document
- Emergency motion
- Placement
- Certificate section
Must include
- •Certificate of Emergency
Court's wording
The motion must contain a “Certificate of Emergency” wherein counsel of record certifies that he or she believes the facts and circumstances to constitute an emergency for which immediate hearing time is required and understands that designating a matter as an emergency may result in the Court cancelling or rescheduling other matters both professional and personal so as to accommodate the parties.
The hearing notice must expressly state that the hearing will be Virtual and contain the link set forth in this Section.
The body of the motion must contain a detailed explanation of the circumstances constituting the emergency.
- Document
- Emergency motion
- Placement
- Body of the document
Failure to include a Certificate of Emergency or certification of a matter as an emergency without a good faith basis may result in the imposition of sanctions and/or denial of the motion.
In advance of the hearing of a motion for summary judgment, Plaintiff’s counsel shall file the original note and mortgage with the Clerk.
Must include
- •Original note and mortgage
Agreed upon motions to cancel foreclosure sales do not require a hearing and may be considered in chambers with a proposed order. However, all proposed orders canceling a foreclosure sale must also include a new date for sale, even if a borrower is in loan modification.
MILs shall not be ruled upon unless they contain a certification of a good faith attempt as to each item to resolve the matter without court action.
Discovery motions shall include with the motion or as an attachment, the specific discovery request and the specific objection thereto, along with argument regarding same.
Notices of hearing on MIL must specifically identify the specific issues which remain in controversy after counsel has conferred.
All such motions must comply with the Florida Rules of Civil Procedure including, but not limited to, a certification of a good faith attempt to resolve that matter without court action.
Not later than three (3) days prior to the commencement of a non-jury foreclosure trial, the parties shall complete and file an Attorney Worksheet for Foreclosure Trial, the form for which is available on the Division 39 webpage.
- Document
- Foreclosure case
Must include
- •Attorney Worksheet for Foreclosure Trial
Proposed orders must be accompanied by an e-filed cover letter (the cover letter must have the filing stamp across the top) setting forth the date of the hearing, with a copy to all counsel and pro se parties.
- Document
- Cover letter
Must include
- •Proposed order
All orders must describe, in the caption, the subject and ruling of the court, i.e., “Order Granting Plaintiff’s Motion for Partial Summary Judgment on Liability.”
- Document
- Order
- Placement
- Caption
Stipulations – Admissions – Waivers of Custodians: Must be in writing if seeking Court enforcement
Any objections must be separately noted.
The next day’s witnesses shall be disclosed at the end of each trial day
If requesting more than the standard Venire of 22, please provide the reason:
Stipulations – Admissions – Waivers of Custodians: Must be in writing if seeking Court enforcement
If yes, provide a blank Order for the Court with columns for the designation (page and line), objection, and a place for the Court to rule.
If it is intended to apply to the minor child, by what legal authority can the minor child be bound to defend, indemnify and hold harmless this party.
The Court may require that the child appear at the hearing in order to allow the Court to observe the condition(s).
If the release and/or settlement agreement contain a duty to defend, indemnify and hold harmless, is such agreement intended to bind and apply to the minor child or just the guardian.
The existence of medical insurance, Medicaid, Medicare or other sources of payment, or lack thereof, for future treatment that has been projected.
The above mentioned medical reports should contain an estimate of the cost of and an explanation of the treatment plan for these injuries.
Filing & Service rules
Electronic Filing Rules
An emergency motion must be emailed to the court before a hearing is set, and the Judicial Assistant will contact counsel if the court finds an emergency hearing warranted.
The motion must be emailed to 39orange@ninthcircuit.org before a hearing will be set. The Judicial Assistant will contact counsel to set a hearing if the Court determines that an emergency hearing is warranted based on the description and certification contained in the motion.
Page 5
Before the pretrial conference, parties must email a completed and signed Pretrial Check List and Order Controlling Trial to the court.
Prior to the pretrial conference, parties shall email to 39orange@ninthcircuit.org a completed and signed Pretrial Check List and Order Controlling Trial.
Page 9 | B. GETTING READY FOR TRIAL
A trial brief, if filed, must be emailed to the court no later than three business days before trial begins.
If a trial brief is to be filed with the Court it must be submitted via email to 39orange@ninthcircuit.org no later than three (3) business days before the trial is to commence.
Page 10 | D. TRIALS
Proposed orders must be submitted electronically by email in Word format to 39orange@ninthcircuit.org.
Proposed orders must be submitted electronically in Word format by email to 39orange@ninthcircuit.org.
The cover letter, but not the proposed order, must be e-filed.
The cover letter but not the proposed order must be e-filed.
Case law will be accepted only before the hearing and only by email.
Case law will only be accepted prior to the hearing via email.
Filing Timing and Cure Windows
Motions in limine must be scheduled and heard no later than one week before the trial period begins.
Motions in Limine: Filed prior to this pre-trial conference? Yes No - None Must be scheduled and heard no later than one week prior to the beginning of the trial period.
Civil cases
Page 1 | VIRTUAL PRE-TRIAL CHECKLIST and ORDER CONTROLLING TRIAL
Written deposition designations must be disclosed 30 days before the pretrial conference, and written counter-designations must be disclosed 20 days before it.
Have the parties filed their Depo Designations, Counter-Designations and Objections? Yes No • If yes, provide a blank Order for the Court with columns for the designation (page and line), objection, and a place for the Court to rule. The Court will rule in chambers. Pursuant to the Uniform Order Setting Case for Trial, must be disclosed in writing (citing page and line numbers) (i) 30 days before the Pre-Trial Conference (designations), and (ii) 20 days before the Pre-Trial Conference (counter-designations)
Civil cases
Page 1 | VIRTUAL PRE-TRIAL CHECKLIST and ORDER CONTROLLING TRIAL
Jury instructions and verdict forms must be exchanged no later than 10 days before the pretrial conference.
Jury Instructions and Verdict Forms – • Exchanged no later than 10 days prior to the Pre-Trial Conference
Civil cases
Page 2 | BE AWARE OF THE FOLLOWING ADDITIONAL REQUIREMENTS
Jury instructions and verdict forms must be exchanged no later than 10 days before the pretrial conference.
Exchanged no later than 10 days prior to the Pre-Trial Conference
Civil cases
Page 1 | BE AWARE OF THE FOLLOWING ADDITIONAL REQUIREMENTS
Deposition designations must be disclosed in writing with page-and-line citations 30 days before the pretrial conference, and counter-designations must be disclosed 20 days before it.
Pursuant to the Uniform Order Setting Case for Trial, must be disclosed in writing (citing page and line numbers) (i) 30 days before the Pre-Trial Conference (designations), and (ii) 20 days before the Pre-Trial Conference (counter-designations)
Civil cases
Page 1 | VIRTUAL PRE-TRIAL CHECKLIST and ORDER CONTROLLING TRIAL
Motions in limine must be scheduled and heard no later than one week before trial begins.
Must be scheduled and heard no later than one week prior to the beginning of the trial period.
Civil cases
Page 1 | VIRTUAL PRE-TRIAL CHECKLIST and ORDER CONTROLLING TRIAL
A party challenging an inappropriately piggybacked cross-notice must file a motion to strike it before the scheduled hearing.
Such adverse party must file a motion to strike the cross-notice in advance of the scheduled hearing.
Page 4
A party unfamiliar with virtual-hearing technology must move for an in-person hearing no more than five days before the hearing.
If you do not know how to use the technology prior to the hearing, then file a motion to have hearing in person no more than 5 days before the hearing.
Page 4 | Virtual Hearing Procedures
Parties relying on exhibits at a virtual evidentiary hearing must deliver those exhibits to the clerk three days before the hearing.
If the evidentiary hearing is virtual, all exhibits that a party intends to rely on at the evidentiary hearing must be delivered to the Clerk three (3) days prior to the hearing.
Page 4 | Virtual Evidentiary Hearings
The motion and notice of hearing must be emailed to the court no later than two days before the hearing.
Motions to be heard, along with the notice of hearing must be emailed to 39orange@ninthcircuit.org no later than two (2) days prior to the date of the hearing.
Page 5 | 5. Short Matters
The Attorney Worksheet for Foreclosure Trial is due no later than three days before commencement of a non-jury foreclosure trial.
Not later than three (3) days prior to the commencement of a non-jury foreclosure trial, the parties shall complete and file an Attorney Worksheet for Foreclosure Trial, the form for which is available on the Division 39 webpage.
Page 6 | 6. Foreclosure Cases
A trial brief must be submitted at least three business days before the trial commences.
If a trial brief is to be filed with the Court it must be submitted via email to 39orange@ninthcircuit.org no later than three (3) business days before the trial is to commence.
Page 10 | D. TRIALS
The parties must email the Judicial Assistant the joint proposed jury instructions and verdict form in Word format at least 24 hours before trial and identify which instructions are agreed or disputed.
Joint Proposed Jury Instructions and Verdict Form must be emailed to the Judicial Assistant at 39orange@ninthcircuit.org in Word format no later than 24 hours before the trial. The parties shall designate which instructions are agreed and which instructions, if any, are in dispute.
Page 11 | 7. Jury Instructions
Trial briefs are optional, but any submitted trial brief must be provided to Judge Alvaro’s Chambers as hard copies at least five working days before trial.
Trial Briefs: Not required, but if you choose to submit them, please provide hard copies to Judge Alvaro’s Chambers at least five (5) working days prior to trial to allow adequate time for review
Civil cases
Page 1 | BE AWARE OF THE FOLLOWING ADDITIONAL REQUIREMENTS
Service and Proof of Service Rules
Exhibits must be exchanged with opposing counsel or the pro se litigant.
exchanged with opposing counsel or pro se litigant.
Page 2
Regular-hearing materials must be submitted electronically by email with opposing counsel copied.
All hearing materials must be submitted electronically via email, with opposing counsel cc’ed.
Page 1 | REGULAR HEARING REQUESTS
For short matters, a copy of the filed Notice of Hearing and motion must be emailed to the judicial assistant at least two days before the hearing.
No coordination with the JA is needed for short matters, but you MUST submit copy of filed Notice of Hearing (NOH) & Motion at Least 2 days before hearing date via email at 39orange@ninthcircuit.org.
Page 1 | SHORT MATTERS
PowerPoints and similar presentations must be provided to opposing counsel sufficiently in advance to permit objections to be raised and resolved.
Any PowerPoint or similar presentation must be provided to opposing counsel in compliance with demonstrative aid disclosures in the Uniform Trial Order. Power Points not shown to opposing counsel sufficiently in advance of its intended use to permit objections to be raised and resolved, shall not be permitted.
Page 11 | 5. Opening Statements and Closing Arguments
Hearing materials must be emailed to chambers and opposing counsel at least three days before the hearing.
Hearing materials shall be emailed to chambers and opposing counsel not less than three (3) days prior to the hearing.
Copies of all exhibits must be provided to opposing counsel at least three business days before the hearing, either in hard copy or digitally.
Copies of all exhibits must be provided to Opposing Counsel three (3) business days prior to the hearing in hard copy or digitally.
For a virtual hearing, exhibits must be delivered to the clerk three days before the hearing.
If the hearing is virtual, exhibits must also be delivered to the Clerk three (3) days prior to the hearing if the hearing is virtual.
Hearing materials must be submitted by email; binders and USB drives will be discarded without review.
All hearing materials shall be submitted via email and the Court will discard any binders or usb drives without reviewing them.
A self-represented party must keep the clerk and opposing parties informed of the current designated email address, where case-related written communications will be served.
I understand that I must keep the clerk’s office and the opposing party or parties notified of my current e-mail address(es) and that all copies of notices, orders, judgments, motions, pleadings, or other written communications in this case will be served at the e-mail address(es) on record at the clerk’s office.
Pro se cases
Page 1 | Designation of E-mail Address by a Party Not Represented by an Attorney / Designation of Physical Address
A self-represented party using a physical address for service must keep the clerk and opposing parties informed of the current address, where written communications will be served.
I understand that I must keep the clerk’s office and the opposing party or parties notified of my current address(es) and that all copies of notices, orders, judgments, motions, pleadings, or other written communications in this case will be served at the address(es) on record at the clerk’s office.
Pro se cases
Page 2 | Designation of E-mail Address by a Party Not Represented by an Attorney / Designation of Physical Address
The email submitting a proposed order must be copied to all parties to the case, and should specifically indicate whether the form and/or content of the order is agreed or not.
The email submitting a proposed order must be copied to all parties to the case, and should specifically indicate whether the form and/or content of the order is agreed or not.
Any cases being relied on by the parties at a hearing or trial should be provided to opposing counsel and the Court no later than three (3) days before the hearing.
Any cases being relied on by the parties at a hearing or trial should be provided to opposing counsel and the Court no later than three (3) days before the hearing.
A self-represented party without an email account or regular email access may designate a physical address for service of case-related written communications.
By completing this form, I am authorizing the court, clerk of court, and all parties to send copies of notices, orders, judgments, motions, pleadings, or other written communications to me at this address.
Pro se cases
Page 1 | Designation of E-mail Address by a Party Not Represented by an Attorney / Designation of Physical Address
A self-represented party may designate an email address for electronic service of case-related written communications through email or the Florida Courts E-filing Portal.
By completing this form, I am authorizing the court, clerk of court, and all parties to send copies of notices, orders, judgments, motions, pleadings, or other written communications to me by email or through the Florida Courts E-filing Portal.
Pro se cases
Page 1 | Designation of E-mail Address by a Party Not Represented by an Attorney / Designation of Physical Address
Courtesy Copy Requirements
A courtesy copy of the filed Notice of Hearing must be emailed to the Judicial Assistant to secure the hearing timeslot.
A courtesy copy of the filed NOH must be emailed to JA to secure timeslot.
Page 2 | REGULAR HEARING REQUESTS
Trial briefs are optional, but submitted hard copies must be provided to Judge Alvaro’s Chambers at least five working days before trial.
Trial Briefs: Not required, but if you choose to submit them, please provide hard copies to Judge Alvaro’s Chambers at least five (5) working days prior to trial to allow adequate time for review
Civil cases
Page 2 | BE AWARE OF THE FOLLOWING ADDITIONAL REQUIREMENTS
Sealing & Redaction Procedures
The party responsible for seeking and obtaining the appropriate measure to seal limited documentation under Florida Rule of Judicial Administration 2.420(d) must be identified.
Which party will take responsibility to seek, and obtain, the appropriate measure to seal the limited documentation in the Court file pursuant to Florida Rules of Judicial Administration, Rule2.420(d)?
Civil cases
Page 4 | Effect of Release and/or Settlement Agreement
Pre-Motion Conference Requirements
Counsel must meet and confer on every requested motion in limine before the court sets it for hearing.
Before setting any MIL for hearing, counsel must meet either and confer on each and every requested Motion in Limine. See Admin Order 2012-03.
Page 6 | 8. Motions in Limine (“MIL”)
Chambers Communication Rules
A copy of the jury instructions or verdict forms must be emailed to the judicial assistant in MS Word, using 12-point Times New Roman single spacing.
provide a Copy in MS Word (in Times New Roman font – 12 pt. single spaced) to the Court via email the Judicial Assistant at 39orange@ninthcircuit.org
Civil cases
Page 2 | BE AWARE OF THE FOLLOWING ADDITIONAL REQUIREMENTS
To secure a regular hearing, parties must coordinate with opposing counsel and email the hearing request to 39orange@ninthcircuit.org.
To secure hearing time, coordinate with opposing counsel, then email 39orange@ninthcircuit.org with the following in the body of the email:
Page 1 | REGULAR HEARING REQUESTS
For a contested motion, the moving party must email the filed motion materials to chambers after the response is filed or after the no-response condition is met, requesting a chambers ruling.
2) Contested Motions: The moving party shall file the motion and the non-moving party shall file a written response. After both the motion and response are filed (or if no response is filed as addressed in paragraph 3 below), the moving party shall email the filed materials to chambers requesting a ruling in chambers.
Page 2 | A. GETTING AN ORDER
Before a foreclosure summary-judgment hearing, plaintiff’s counsel must ask the clerk in advance to retrieve the original note and mortgage for possible cancellation if the motion is granted.
Additionally, Plaintiff’s counsel shall contact the Clerk in advance of the hearing to request the Clerk to retrieve the original note and mortgage so that the original note is available for cancellation at the time of the hearing in the event the motion is granted.
Page 5 | 6. Foreclosure Cases
Parties must coordinate with opposing counsel before emailing the judicial assistant to request hearing time.
To secure hearing time, coordinate with opposing counsel, then email 39orange@ninthcircuit.org with the following in the body of the email:
Page 3
For an agreed or unopposed motion, counsel may submit the filed motion to chambers by email together with a proposed order.
1) Agreed Motions: If the motion is agreed to, or unopposed, counsel may simply email the filed motion along with a proposed order.
Page 2 | A. GETTING AN ORDER