Judge Andrea K. Totten
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Courtesy Copies
Courtesy copies
Notice of Cancellation
Adjournments
- Continuances are disfavored, require good cause, and must be requested at least five days before the scheduled court date.
Communication
Chambers
Clerk
Document Format Requirements7 rules
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.
If a party intends to introduce videos or electronically stored photographs, the party must save all such materials on a jump/thumb drive for submission into evidence.
File each exhibit separately without cover pages and label it in the upper-right corner using the specified exhibit format.
- Exhibits
Formatting
- •Do not attach cover pages
Court's wording
Each exhibit must be filed separately. Please do not file one document with all exhibits in the same document. Please do not attach cover pages. File each exhibit separately as “(Plaintiff / Defendant’s exhibit (A, B, etc.)” labeled in upper right corner.
To display exhibits from a jump/thumb drive, litigants must bring their own laptop with an HDMI port; the court does not provide laptops.
Court's wording
The courtrooms are equipped with technology to allow litigants to plug in their laptop computer at the podium (the computer must have an HDMI port), to display materials on the courtroom televisions. If you do not bring your own laptop computer, you will not be able to display the exhibits stored on the jump/thumb drive. The court does not provide laptop computers.
Exhibits must be labeled in the following format: “Petitioner/Plaintiff A” or “Respondent/Defendant A.”
8. Please format proposed orders so that the date of signing and the judge’s name are not on a page separate from the substantive text. The judge’s name should be right aligned. No signature line is required.
- Proposed order
Formatting
- •No signature line is required
Unless otherwise instructed, attorneys and self-represented litigants are not required to submit their physical evidence to the court or Clerk of Court prior to the evidentiary hearing.
Document Filing Requirements20 rules
Except for good cause shown, the motion must be signed by the party requesting the continuance, as required by Florida Rule of General Practice and Judicial Administration 2.545(e).
Emergency hearings are rarely granted and must be requested in writing, citing the reason and the amount of time needed for hearing.
The parties must use the forms provided or substantially similar forms. If a party chooses to use their own form, it must contain all of the information set forth in the form provided by the court.
ZOOM permissions are granted as to individuals NOT for all participants AND NOTICES OF HEARING MUST REFLECT IN PERSON APPEARANCE regardless of granted zoom orders.
Do NOT amend your notice of hearing if your zoom order is granted.
Movants are not required to utilize the attached template, but any proposed order must contain all of the information found in the template below.
PLAINTIFF ATTORNEY NAME AT THE TOP
Include
- •PLAINTIFF ATTORNEY NAME AT THE TOP
CASE NUMBER (IN NUMERICAL ORDER)
- Document
- Weekly case list
Include
- •CASE NUMBER (IN NUMERICAL ORDER)
CASE STYLE (PLAINTIFF V. DEFENDANT)
- Document
- Weekly case list
Include
- •CASE STYLE (PLAINTIFF V. DEFENDANT)
A party may only unilaterally set a hearing if opposing counsel is unresponsive/uncooperative after 3 attempts. Your notice of hearing must reflect the dates/times of emailed attempts. Keep in mind the attempts must be on different days at least 1 day apart.
All hearing notices must contain the ADA notification required by Florida Rule of Civil Procedure 2.540.
State in your petition or motion the position of opposing counsel – whether they object or not to the relief requested.
Notices of Hearing must reflect that the hearing will take place at: 1769 E. Moody Blvd. Bldg #1; Courtroom 402; Bunnell, FL 32110 and include the docket # and filing date of the matter to be heard.
Emergency hearings are rarely granted and must be requested in writing, citing the reason.
9. After Stipulations/settlement agreements/notices of settlement are e-filed, please prepare and e-file a notice of voluntary dismissal if appliable, or a proposed order accepting the settlement agreement and dismissing the case while reserving jurisdiction to enforce the settlement agreement.
Motions seeking appearance by Zoom should contain an explanation for why the participant is requesting permission to appear via Zoom.
Your list effectively operates as your Notice of Appearance for each case.
At present, we do not require separate NOAs in each file; however, if lists are not submitted timely, that requirement may be revisited.
Every proposed order must have a descriptive title, and an order agreed to by the parties must identify itself as agreed in the title.
Court's wording
6. Place a title on all proposed orders, such as “Order Dismissing Complaint,” or “Order Extending Time,” not simply “Order.” When a proposed order has been agreed to by the parties, the title of the order should reflect “agreed.” For example, “Agreed Order Granting Defendant’s Motion for Extension of Time.”
An order granting a motion should state and grant the requested relief, rather than merely recite that the motion is granted.
Court's wording
7. An order granting a motion should grant the relief requested rather than merely reciting that a motion is granted. For example, if a Motion to Dismiss is granted, the proposed order should both grant the motion and dismiss the case.
Filing & Service rules
Electronic Filing Rules
Motions and proposed orders requesting Zoom appearance should be e-filed at least two business days before the hearing.
Motions/proposed orders requesting Zoom appearance should be e-filed at least two business days prior to the hearing.
Civil cases
Page 1 | Motioning for Appearance by Zoom
The notice of hearing must be e-filed before Zoom motions or orders are e-filed.
Do NOT e-file zoom motions/orders BEFORE you e-file your notice of hearing.
Civil cases
Page 1 | Motioning for Appearance by Zoom
Petitions or motions must be electronically filed with the clerk before scheduling a hearing.
Petitions or motions must be e-filed with the clerk before a hearing can be scheduled.
Civil cases
Page 1 | Motion Must be Filed First
A notice of hearing must be filed through the E-Portal within 24 hours after the hearing time is scheduled.
The Notice of Hearing must be filed through the E-Portal within 24 hours of scheduling hearing time.
Civil cases
Page 2 | Filing the Notice of Hearing
File motions, proposed orders, and other filings with the Clerk through the E-portal; sending documents to chambers by email or mail does not file them, and proposed orders are not accepted by mail.
All motions, proposed orders, and other filings, must be filed with the Clerk of Court. Emailing or mailing documents to the judicial chambers does not cause them to be filed, and proposed orders will not be accepted by mail. 2. All filings must be submitted through the E-portal unless otherwise directed by the Court.
Page 1 | General Instructions
Submit proposed orders through the E-portal unless the Court directs otherwise, using the specified existing-case-to-clerk option because Flagler County has no direct proposed-order filing option.
Proposed orders must be submitted through the E-portal like any other e-filed document, unless otherwise directed by the Court. Please note that Flagler County does not have a direct option to e-file proposed orders. To file a proposed order, proceed to https://www.myflcourtaccess.com/default.aspx. Choose the “File Document(s) on Existing Case to Clerk” option under the “trial court” filing jurisdiction.
Page 2 | Filing Proposed Orders
The party who scheduled a hearing must e-file a Notice of Cancellation to cancel it.
The party who scheduled the hearing must e-file a Notice of Cancellation.
Page 2 | Cancelling a Hearing
Self-represented litigants without access to the e-filing portal may file documents in person with the Clerk of Court.
3. Self-represented litigants without access to the e-filing portal may file documents in person with the Clerk of Court. Contact the Flagler County Clerk of Court’s office for additional information.
Page 1 | General Instructions
Filing Timing and Cure Windows
The court must receive all hearing materials at least two business days before the hearing.
The court must receive all materials for the hearing no later than two business days before the hearing.
Page 2 | B. Scheduling Procedures
Electronically submitted exhibits must be filed with the Clerk of Court at least two business days before the hearing.
Electronically submitted exhibits must be filed with the Clerk of Court at least two (2) business days prior to the hearing.
Page 4 | G. Exhibits for Evidentiary Proceedings
Electronically filed evidence must be submitted to the Clerk of Court at least two business days before the hearing unless the Court instructs otherwise.
Electronically filed evidence must be submitted to the Clerk of Court at least two (2) business days before the hearing unless otherwise instructed by the Court.
Page 4 | G. Exhibits for Evidentiary Proceedings
Zoom appearance motions and proposed orders should be filed at least two business days before the hearing.
Motions/proposed orders requesting Zoom appearance should be e-filed at least two business days prior to the hearing.
Civil cases
Page 1 | Motioning for Appearance by Zoom
The weekly case list is due by noon on the day before court.
Your weekly list of cases is REQUIRED by 12:00 p.m. (noon) on the day before Court.
Civil cases
Page 1 | CASE LISTS – DUE BY NOON THE DAY BEFORE COURT
Motions may be added to an already scheduled and noticed hearing only by agreement of both parties, with an amended agreed notice filed at least 48 hours before the hearing.
Adding motions to an already scheduled and noticed hearing must be agreed to by both parties and an amended agreed notice of hearing must be filed at least 48 hours prior to the hearing.
Civil cases
Page 2 | Adding Motions to an Already Scheduled Hearing
The notice of hearing must be filed within 24 hours after the hearing time is scheduled.
The Notice of Hearing must be filed through the E-Portal within 24 hours of scheduling hearing time.
Civil cases
Page 2 | Filing the Notice of Hearing
Case law and legal memoranda are requested to be e-filed at least two business days before the hearing.
The Court requests that case law or legal memoranda be e-filed no less than two (2) business days prior to the hearing.
Page 3 | E. Courtesy Copies of Case Law and Other Documents
Account for possible delays by the Clerk’s Office in docketing submissions.
Please note that the Clerk’s Office may not be able to immediately docket your submission and govern your timing accordingly.
Page 3 | E. Courtesy Copies of Case Law and Other Documents
If Zoom appearance is granted, the court requests that case law and other documents or evidence offered for consideration be e-filed at least two business days before the hearing.
If granted the court requests that case law or any other documents/evidence offered for consideration be e-filed no less than two (2) business days prior to the hearing.
Civil cases
Page 2 | Order on Motion to Appear Remotely via Zoom
A reserved hearing time will be removed from the docket without notice if no corresponding notice of hearing is filed.
Hearing time reservations without a corresponding notice of hearing will be removed from the docket without notice.
Civil cases
Page 2 | Filing the Notice of Hearing
Exhibits other than electronically submitted exhibits may be brought to court on the hearing date unless the Court instructs otherwise.
All other exhibits can be brought to court on the day of the hearing unless otherwise instructed.
Page 4 | G. Exhibits for Evidentiary Proceedings
Service and Proof of Service Rules
Attorneys and self-represented litigants must provide an email address to receive signed orders electronically unless excused.
All attorneys and self-represented litigants must provide an e-mail address to receive signed orders electronically, unless excused. Fla. R. Gen. Prac. & Jud. Admin. 2.516.
Page 2 | A. Communications with the Judicial Office
To cancel a party-scheduled hearing, notify the judicial assistant immediately and file and serve a notice of cancellation on opposing counsel and any self-represented litigant.
Hearings scheduled by a party may be cancelled by notifying the judicial assistant immediately and filing and serving a notice of cancellation on opposing counsel and any self-represented litigant.
Page 2 | B. Scheduling Procedures
A notice of cancellation must be filed and served immediately on opposing counsel and any self-represented litigant.
You must also immediately file and serve a notice of cancellation on opposing counsel and any self-represented litigant.
Civil cases
Page 3 | Cancelling Hearings
Attorneys and self-represented litigants must update their contact information using Form 2.603 whenever their registered electronic-service email account 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 2 | A. Communications with the Judicial Office
Filing Fees and Waivers
Parties may be referred to mediation after the pretrial conference, and the service is free.
4. Parties may be referred to zoom mediation after the pretrial conference. There is no cost for this service.
Civil cases
Page 1 | SMALL CLAIMS PRETRIAL CONFERENCE AND MEDIATION PROCEDURES
Courtesy Copy Requirements
Please email a courtesy copy to the judicial assistant at mwolfe@circuit7.org.
Please email a courtesy copy to the judicial assistant at mwolfe@circuit7.org.
Page 2 | Cancelling a Hearing
Courtesy copies of e-filed documents are appreciated but not required and may be emailed to the judicial assistant.
Courtesy copies of e-filed documents are not mandatory but are appreciated, and may be emailed to the judicial assistant at mwolfe@circuit7.org.
Page 3 | E. Courtesy Copies of Case Law and Other Documents
Filing Bundling Requirements
Each person seeking to appear by Zoom must separately file their own motion and proposed order.
Motions/proposed orders requesting appearance by Zoom must be separately filed by each individual seeking to appear by Zoom.
Civil cases
Page 1 | Motioning for Appearance by Zoom
File each document individually under a specific title; do not combine multiple motions or proposed orders into one document or attach a proposed order to a motion.
5. Multiple documents must be filed individually under specific title. Do not file multiple motions/proposed orders as a single document. Do not file proposed orders as an attachment to the motion.
Page 1 | General Instructions
A cover letter is optional, but if filed it must be filed separately through the E-portal rather than attached to the referenced motion or order.
4. Cover letters are not required. If a party wishes to file a cover letter, it must be filed separately through the E-portal, not attached to the motion or order it references.
Page 1 | General Instructions
Case law may be submitted as a composite under a Notice of Filing.
Case law may be submitted as a composite under a Notice of Filing.
Page 3 | E. Courtesy Copies of Case Law and Other Documents
Adjournment & Extension Requirements
Continuances are disfavored, require good cause, and must be requested at least five days before the scheduled court date.
Continuances are disfavored and will be granted only upon good cause shown. A request for continuance must be submitted at least five days prior to the scheduled court date.
Page 2 | B. Scheduling Procedures
Chambers Communication Rules
Copy all parties on emails to the judicial office unless the communication is authorized ex parte by law.
All parties must be copied on any e-mail directed to the judicial office, unless an ex parte communication is authorized by law.
Page 2 | A. Communications with the Judicial Office
Email case lists to countycivil@flaglerclerk.gov no later than noon.
Email lists to: countycivil@flaglerclerk.gov no later than noon.
Civil cases
Page 1 | CASE LISTS – DUE BY NOON THE DAY BEFORE COURT
A copy of the notice of hearing must be emailed to the Judicial Assistant at the listed address.
A copy of the notice of hearing is to be e-mailed to the Judicial Assistant at mwolfe@circuit7.org
Civil cases
Page 1 | The Notice of Hearing
Communications with the judicial office must comply with Canon 3, which prohibits ex parte communications and certain communications outside the parties’ presence unless authorized by law.
All communications with the judicial office must comply with Canon 3 of the Code of Judicial Conduct, which prohibits a judge from initiating, permitting, or considering ex parte communications, and from considering other communications outside the presence of the parties concerning a pending or impending proceeding, unless authorized by law.
Page 1 | A. Communications with the Judicial Office
Only the Court may cancel a hearing that it set.
Hearings that are set by the Court may only be cancelled by the Court.
Page 2 | B. Scheduling Procedures
The court will not consider unsolicited communications from non-parties.
Unsolicited communications from non-parties will not be considered by the court.
Page 2 | A. Communications with the Judicial Office
For an urgent or emergency matter, contact the judicial assistant at the provided email address.
In the case of an urgent / emergency matter, please contact the judicial assistant at mwolfe@circuit7.org.
Page 3 | F. Emergency and Other Urgent Matters
For an urgent or emergency matter, contact the judicial assistant at the listed email address.
In the case of an urgent / emergency matter, please contact the judicial assistant at mwolfe@circuit7.org.
Civil cases
Page 2 | Emergency Hearings
Please ensure that adequate time has been reserved and email a copy of the amended notice of hearing to the judicial assistant.
Please ensure that adequate time has been reserved and email a copy of the amended notice of hearing to the judicial assistant.
Civil cases
Page 2 | Adding Motions to an Already Scheduled Hearing
To cancel a party-scheduled hearing, immediately notify the judicial assistant.
Hearings scheduled by a party may be cancelled by notifying the judicial assistant immediately.
Civil cases
Page 3 | Cancelling Hearings
For a hearing scheduled for more than an hour, contact the Judicial Assistant by email.
For more than an hour, contact the Judicial Assistant at mwolfe@circuit7.org.
Civil cases
Page 3 | How to Schedule a Hearing
Email is the preferred method of communicating with the judicial office, and the subject line should include the case number and party names.
Method of Communication: email is the preferred method of communication of this office – mwolfe@circuit7.org. The email subject line should reflect the case number and party names.
Page 1 | A. Communications with the Judicial Office
For Benchmark technical support or login issues, contact tech support by email or leave a phone message.
Please contact Benchmark tech support at: support@flaglerclerk.gov or leave a message at (386) 313-4352
Civil cases
Page 3 | For Benchmark technical support or login issues