Judge Mikaela Nix-Walker
Individual Rules, Standing Orders & Policies
Limits & Logistics
Courtesy Copies
Courtesy copies
- 2 copies
Filings > 20 pages
Notice of Hearing
- Email • 3 Business Days Before Hearing
Memoranda, Case Law, Other Hearing Materials
Court-wide- Before Hearing
Communication
Chambers
Phone
Phone
Court-wideClerk
Phone
Court-wideClerk
Clerk
Phone
Court-wideChambers
Document Format Requirements2 rules
All name change hearings will be in person, a hard copy of the proposed Final Judgment should be brought to the hearing.
- File type
- Paper
- Proposed final judgment
Formatting
- •Required for in-person name change hearings
All adoption hearings will be in person, a hard copy of the proposed Final Judgment should be brought to the hearing.
- File type
- Paper
- Proposed final judgment
Formatting
- •Required when the adoption hearing is held in person
Document Filing Requirements9 rules
When submitting an order or Final Judgment directing a party to make payments to the State Orders: 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.
If there are any Motions related to the Final Judgment (i.e., Motions to Deviate), please provide a copy along with a proposed Order to the Court at the time of the hearing.
- Document
- Motion
Include
- •Proposed order
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 and PDF formats.
The Parenting Plan and any Marital Settlement Agreement must be incorporated into the Final Judgment by reference to the date they were filed but should also be attached as exhibits.
Uncontested Paternity Final Hearings may 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.
Please provide an email Final Judgments: copy to the Judicial Assistant and include a cover letter stating whether the Final Judgment is agreed upon.
Verified Emergency Motions must be e-mailed to the Judicial Assistant for the Court’s review, along with a proposed Order in Word and PDF formats.
- Document
- Emergency motion
Must include
- •Proposed order
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.
All Orders should be titled with the name of the Motion and the date the hearing was held and include a complete certificate of service
- Document
- Order
Should include
- •Certificate of service
Filing & Service rules
Electronic Filing Rules
Proposed orders for virtual hearings must be sent by mail or hand delivery to the clerk’s office, not the judge’s chambers.
PLEASE SEND ALL PROPOSED ORDERS FOR VIRTUAL HEARINGS ONLY VIA MAIL OR HAND DELIVERY TO THE CLERK’S OFFICE NOT THE JUDGE’S CHAMBERS.
Page 3 | Uncontested Paternity Final Hearings
Uncontested paternity final judgment submissions exceeding 20 pages must be submitted by mail.
If there is more than 20 pages, please submit via mail.
Page 4 | Uncontested Paternity Final Judgments/Supplemental Final Judgments
A selected short-matter hearing date may be followed by electronic filing of the Notice of Hearing containing the virtual hearing link.
After you have selected an available date, you may then e-file your Notice of Hearing with the below virtual link included.
Page 1 | Short Matters/Ex-Parte
Filing Timing and Cure Windows
Uncontested notice of hearing must be received by the preceding Wednesday or the case will not be heard.
UNCONS NOTICE OF HEARINGS MUST BE RECEIVED THE WEDNESDAY BEFORE THE SCHEDULED MONDAY OR YOUR CASE WILL NOT BE HEARD.
Page 3 | Attorney Uncontested Final Hearings
The court must receive notice of a cancellation at least three business days before the hearing.
Please notify the Court at least three (3) business days in advance of any cancellations so that the hearing time can be offered to other parties.
Page 4 | Cancellations
If cancellation notice is not received at least three business days before the hearing, the hearing remains on the docket and the parties must appear.
If the Notice of Cancellation is not received at least three (3) business days to the scheduled hearing, that hearing will remain on the Docket and parties are expected to appear.
Page 4 | Cancellations
Attorneys and self-represented litigants must file a Pre-Trial Memorandum at least five business days before the pre-trial, as directed by the Pretrial Order.
Attorney/pro se litigants are required to file a Pre-Trial Memorandum at least five business days prior to the pre-trial as directed by the Pretrial Order.
Page 6 | Scheduling Conference/Trials
A motion requesting remote appearance at an in-person hearing must be filed at least 10 business days before the hearing and a copy sent to the opposing attorney or pro se litigant.
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 10 business days prior to the hearing, with a copy sent to the opposing attorney or pro se litigant.
Page 6 | Virtual Appearances
A party that fails to provide an order within ten days when the parties do not agree waives its opportunity to object.
Any party failing to provide an Order within ten days when the parties do not agree waives their opportunity to object.
Page 8 | Orders
When the court requests an order at a hearing or trial, counsel must prepare and email it to the court within three days unless the court sets a different deadline.
If the Court requests counsel to prepare an order at the hearing/trial, counsel shall prepare and submit the order to the Court via email within 3 days unless a different deadline is set by the Court at the hearing.
Page 8 | Orders
Service and Proof of Service Rules
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 4 | Cancellations
Case law and other non-exhibit documents must be provided to the court at the hearing and emailed to the opposing party at least three business days before the hearing or trial.
(7) All case law and other non-exhibit documents that a party wishes the Court to review must be provided to the Court at the time of the hearing and the opposing party by email at least three (3) business days prior to the hearing or trial.
Page 7 | Exhibits and Case Law
For virtual appearances, case law and exhibits must be hand-delivered or mailed to the clerk's office three business days before the hearing.
(8) If you are appearing virtually, any case law or exhibits need to be hand delivered/mail to the Clerk’s office three (3) business days before the hearing.
Page 7 | Exhibits and Case Law
The Notice of Hearing must be filed and an emailed copy sent to the judicial assistant.
Please file your Notice of Hearing and email a copy to the JA.
Page 3 | Attorney Uncontested Final Hearings
When one or both parties are unrepresented, each side must email its proposed order to the judicial assistant for court review.
If one or both parties are unrepresented, then each side shall email their proposed Order to the Judicial Assistant for the Court to review.
Page 8 | Orders
Courtesy Copy Requirements
The courtesy copy of the Notice of Hearing must be sent at least three business days before the scheduled hearing; otherwise, the case will not be docketed or heard.
The courtesy copy must be sent 3 business days prior to your scheduled hearing. If it is not sent by three business days you will not be placed on the docket.
Page 2 | Short Matters/Ex-Parte
A courtesy copy of the e-filed Notice of Hearing must be emailed to the judicial assistant so the case is added to the docket.
You MUST send a courtesy copy of your e-filed Notice of Hearing to the JA at 42Orange@ninthcircuit.org to ensure your case is added to the docket.
Page 2 | Short Matters/Ex-Parte
A hard copy of a pleading exceeding 20 pages must be mailed or delivered to the judge's chambers; the court will not print such pleadings.
If your pleading is over 20 pages, you will need to mail/deliver a hard copy of the pleading to the Judge’s chambers. We will not print out pleadings over 20 pages.
Page 5 | Emergencies
A pleading exceeding 20 pages must be mailed in hard copy to the judge's chambers because the court will not print pleadings over 20 pages.
If your pleading is over 20 pages, you will need to mail a hard copy of the pleading to the Judge’s chambers. We will not print out pleadings over 20 pages.
Page 7 | Exhibits and Case Law
At an in-person hearing, the attorney or pro se litigant must bring at least two physical copies of the exhibits for the opposing party and witnesses.
(6) At the in-person hearing the attorney or pro se litigant must bring to the hearing at least two physical copies of the exhibits for the opposing party and witnesses.
Page 7 | Exhibits and Case Law
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
Hearing time must be secured by emailing the Judicial Assistant after both parties confirm the date and time, copying the opposing counsel or pro se litigant.
Once a date/time has been confirmed by both parties, you must email the Judicial Assistant, include opposing counsel or pro-se litigant, in order to secure hearing time.
Page 5 | Hearings
Verified emergency motions must be emailed to the Judicial Assistant with a proposed order in both Word and PDF formats.
Verified Emergency Motions must be e-mailed to the Judicial Assistant for the Court’s review, along with a proposed Order in Word and PDF formats.
Page 5 | Emergencies
Hearings may not be set by telephone.
NO HEARINGS ARE SET VIA PHONE.
Page 5 | Hearings
Emails to the judicial assistant for all matters must include the opposing counsel or pro se litigant and identify the case number and case style in the subject line.
WHEN EMAILING THE JUDICIAL ASSISTANT FOR ALL MATTERS, THE OPPOSING COUNSEL OR PRO SE LITIGANT MUST BE INCLUDED. PLEASE INCLUDE THE CASE NUMBER AND CASE STYLE IN THE SUBJECT LINE.
Page 1 | DOMESTIC RELATIONS - DIVISION 42 PROCEDURES
Attorney-represented name change matters must be specially set with the court.
Attorney represented Name Change must be specially set with the Court.
Page 4 | Name Changes
Eligible uncontested paternity final judgments may be emailed to the judicial assistant for judge review without a hearing when all required documents are filed.
Uncontested Paternity Final Judgments and Supplemental Final Judgments may be emailed to Final Judgments/ the Judicial Assistant for review by the Judge without a hearing if all required documents have Supplemental been filed.
Page 4 | Uncontested Paternity Final Judgments/Supplemental Final Judgments
Pro se name change matters are scheduled through Family Court Services.
Pro se name changes will be scheduled through Family Court Services.
Page 4 | Name Changes
For audiovisual equipment help, call the IT Department or Help Desk Line at (407) 836-0522 to schedule a test or training time.
The procedure for help and assistance is to call our IT Department/Help Desk Line at (407) 836-0522 and they will schedule a test/training time for you.
Page 8 | Miscellaneous