Judge Howard O. McGillin Jr.
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Courtesy Copies
Case Law
- Not Later Than Close of Business 2 Days Before Hearing
Case Law, Courtesy Copy
Adjournments
- A continuance may be requested only by motion.
- Continuances are disfavored and will be granted only when good cause is shown.
- A continuance motion must state the opposing party’s position, and counsel must confer first unless the motion is a valid emergency motion.
- +3 more
Request must include
- A continuance request must be submitted at least five days before the scheduled court date.
- A hearing cancellation notice filed less than 48 hours before the hearing is insufficient.
Communication
Chambers
Chambers
Document Format Requirements14 rules
The proposed Order MUST be in MS Word format (.docx) or RTF (Rich Text File) format. If the Order is signed using DocuSign or similar technology, then PDF is acceptable.
All proposed orders must be submitted in PDF/a or Word format.
An order’s signature page must include at least one line of substantive text in addition to the “Done and Ordered” paragraph and the Court’s signature block.
Court's wording
Counsel and Parties MUST ensure that the “Done and Ordered” paragraph and the Court’s signature block are NOT the only item on a page. If necessary, create white space on the previous page and include at least one line of substantive text on the page with the signature block.
An order containing parties’ signatures must be submitted in PDF/a format.
- File type
- PDF/A
- Proposed order
An order requested by the Court MUST be in Word (.docx) format or RTF (.rtf) format.
- File type
- Word
- Proposed order
If a party seeks to introduce a video or audio file, that exhibit must be placed on a USB flash drive or other removable media such as DVD or CD ROM that contains ONLY the exhibits intended for trial.
Parties seeking to publish such exhibits MUST bring their own computer to the Courtroom capable of transmitting over an HDMI connection OR a combined VGA connection and 1/8 inch audio cable.
All parties appearing by Zoom must show their real name as their screen name.
If the documents are larger, submit them on a USB flash drive to the Court at the hearing or trial.
No notations should be on the caselaw.
Formatting
- •Case-law copies should contain no notations
If areas in the caselaw are highlighted on the court’s copy, they MUST be highlighted in an identical fashion on the copy given to opposing party.
Exhibits must be submitted to the clerk of court in paper format or on a removable media drive such as DVD or flash drive.
- File type
- Paper
Exhibits must be labeled in the following format: “Petitioner/Plaintiff 1” or “Respondent/Defendant A as appropriate.
Formatting
- •Label exhibits in the applicable format: “Petitioner/Plaintiff 1” or “Respondent/Defendant A.”
The Court prefers submission of these orders in MS Word or RTF format to allow editing.
Document Filing Requirements15 rules
Please review and sign the applicable certification clause at the end of the checklist prior to submitting it with your Petition.
If any of the items below are not check, please complete “Certification B.”
All notices of hearing must contain the ADA notification required by Florida Rule of General Practice and Judicial Administration 2.540.
If an emergency Temporary Guardianship is filed, the filing party must simultaneously transmit two proposed orders to the Court
- Document
- Emergency temporary guardianship
Must include
- •Proposed order
A notice of hearing involving any remote appearance must list the judicial Zoom credentials.
Requests to use communication technology for an appearance must be made by motion unless specifically authorized by the Court when scheduling.
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).
Each proposed order must include a cover letter certifying agreement or identifying any disagreement among the parties.
Court's wording
All proposed orders must be accompanied by a cover letter (email is sufficient) 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.
In accordance with Seventh Circuit Administrative Order, the filing party MUST coordinate with the three proposed members of the committee to ensure their availability before submitting your proposed order.
Ensure you have filled in all applicable blanks and filed corresponding documents.
However, to ensure that all the rule and statute requirements are met, this Division requires that the filing party email a checklist available at this link to the division46@circuit7.org mailbox simultaneously with your filing of the petition.
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.
Please provide an explanation in the block below describing what items are missing (if any) and why they are not being provided.
Leave a blank for the name of the appointed attorney.
The caselaw should be presented with a cover letter also certifying that an IDENTICAL copy to the opposing party.
Filing & Service rules
Filing Timing and Cure Windows
Each party must serve and file a witness list and proposed exhibit list at least three days before any contested evidentiary hearing.
At a minimum each party must serve and file a witness list and proposed exhibit list not later than three days before any contested evidentiary hearing.
Page 4 | B. Scheduling Procedures
The Court must receive all hearing materials 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 4 | B. Scheduling Procedures
A party or witness must request a Zoom appearance by close of court business two days before the hearing.
The deadline to request Zoom appearance by any party or witness is close of court business 2 days before the hearing.
Page 5 | C. Remote Appearance
Proposed orders must be submitted within 10 days after a hearing.
Proposed orders MUST be submitted within 10 days after any hearing.
Page 6 | D. Submission of Orders and Judgments
For Probate and Guardianship matters without a hearing, proposed orders should be submitted when the related motion or petition is filed.
Proposed Orders in Probate and Guardianship for matters which do not involve a hearing should be submitted simultaneously with the filing of the appropriate motion or petition.
Page 6 | D. Submission of Orders and Judgments
The exhibit index must be filed by close of business three days before the hearing or trial.
An index of exhibits must be filed not later than close of business 3 days before the hearing or trial.
Page 8 | G. Exhibits for Evidentiary Proceedings
Physical exhibits must be delivered to the Clerk’s office by close of court business before the hearing or trial for pre-marking.
All physical exhibits must be brought to the Clerk of the Court’s office not later than close of court business before the hearing or trial to be pre-marked.
Page 8 | G. Exhibits for Evidentiary Proceedings
Service and Proof of Service Rules
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. See Fla. R. Gen. Prac. & Jud. Admin. 2.516.
Page 3 | A. Communications with the Judge’s Office
Emails to the judicial office must copy all parties 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 3 | A. Communications with the Judge’s Office
Attorneys and self-represented litigants must update their contact information using Form 2.603 whenever their 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 3 | A. Communications with the Judge’s Office
A notice of hearing must be filed and served within five days after hearing time is reserved.
A notice of hearing must be filed and served within 5 days of reserving hearing time.
Page 4 | B. Scheduling Procedures
Courtesy Copy Requirements
A party planning to present case law may submit it by close of business two days before the hearing.
If a party plans to present case law, the party may submit it not later than close of business 2 days before the hearing.
Page 7 | F. Courtesy Copies of Case Law and Other Documents
The Court prefers electronic copies; email may be used for attachments under 8 MB, while larger documents should be delivered on a USB flash drive at the hearing or trial.
The court prefers electronic copies of case law or any courtesy copies. They may be submitted by email if the total attachment size is less than 8 MB. If the documents are larger, submit them on a USB flash drive to the Court at the hearing or trial.
Page 7 | F. Courtesy Copies of Case Law and Other Documents
Pre-Motion Conference Requirements
Labeling a motion emergency or urgent does not increase hearing priority unless the motion states facts establishing a genuine emergency or urgent need for action.
Labelling a motion as “Emergency” or “Urgent” does not move the hearing up in priority unless the motion itself recites facts giving rise to genuine emergency or urgent action.
Page 3 | B. Scheduling Procedures
Inquiries requiring a Court ruling should be made by filing a proper motion.
All inquires requiring a ruling from the Court should be done by way of a proper Motion.
Page 3 | A. Communications with the Judge’s Office
Adjournment & Extension Requirements
A continuance may be requested only by motion.
Continuance is available only by motion.
Page 4 | B. Scheduling Procedures
A continuance request must be submitted at least five days before the scheduled court date.
A request for continuance must be submitted at least five days prior to the scheduled court date!
Page 4 | B. Scheduling Procedures
A continuance motion must state the opposing party’s position, and counsel must confer first unless the motion is a valid emergency motion.
ALL motions for a continuance MUST state the position of the opposing party. If you have not conferred with the other party about the motion, you are not prepared to file the motion. The sole exception is a valid emergency motion.
Page 5 | B. Scheduling Procedures
A hearing may be cancelled only after all issues set for hearing are completely settled, and the settlement must be filed before the cancellation notice.
You may ONLY cancel a hearing if there has been a complete settlement of all issues set for hearing. That settlement must be placed in the Court file before the Notice of Cancellation.
Page 5 | B. Scheduling Procedures
A hearing cancellation requires immediate notification of the judicial assistant.
You must cancel hearings by notifying the judicial assistant immediately.
Page 5 | B. Scheduling Procedures
A hearing cancellation notice filed less than 48 hours before the hearing is insufficient.
Notices filed less than 48 hours before the hearing time will be insufficient.
Page 5 | B. Scheduling Procedures
Continuances are disfavored and will be granted only when good cause is shown.
Continuances are disfavored and will be granted only upon good cause shown.
Page 4 | B. Scheduling Procedures
The Court retains discretion over hearing cancellations, and a cancellation request may be made for good cause or after complete resolution.
Cancelling a hearing is ultimately up to the Court. Upon good cause or a complete resolution, a request may be made.
Page 5 | B. Scheduling Procedures
Chambers Communication Rules
Complete the checklist and email it to the specified address on the day the petition is filed.
This checklist shall be completed and emailed to division46@circuit7.org the same day you file your petition.
Civil cases
Page 1 | CHECKLIST FOR PETITION TO DETERMINE HOMESTEAD - STAND ALONE PETITION
Submit all proposed orders by email to the Division 46 address, with only the case number and case name in the subject line.
Proposed Orders: All proposed orders must be submitted by e-mail to division46@circuit7.org. The subject line must contain the case number & case name ONLY (e.g., CP 24 - 576 – In Re Estate of Doe) all other information should be within the body of the email.
Page 2 | A. Communications with the Judge’s Office
Communications with the Judge’s office must comply with Canon 3, which prohibits unauthorized ex parte communications and other communications outside the parties’ presence about pending or impending proceedings.
Ex parte Communications: All communications with the Judge’s office must comply with Canon 3 of the Code of Judicial Conduct. Canon 3 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 3 | A. Communications with the Judge’s Office
Proposed orders must be emailed to Division46@circuit7.org.
Email all proposed orders to Division46@circuit7.org.
Page 6 | D. Submission of Orders and Judgments
If no order is received and the order has not been signed within five working days after submission, contact the Court's Assistant to ask whether a hearing is required.
If your Order is not signed with 5 working days after you submit it, and no order is received, please contact the Court's Assistant to inquire if a hearing is required.
Civil cases
Page 2 | General Comments
The Court will not consider unsolicited communications from non-parties.
Unsolicited communications from non-parties will not be considered by the court.
Page 3 | A. Communications with the Judge’s Office
Parties may contact the Judge’s office only in accordance with the stated practices and procedures.
Parties may only contact the Judge’s office in accordance with these practices and procedures.
Page 3 | A. Communications with the Judge’s Office
Email submissions of electronic case law or courtesy copies are permitted only when the total attachment size is less than 8 MB.
The court prefers electronic copies of case law or any courtesy copies. They may be submitted by email if the total attachment size is less than 8 MB.
Page 7 | F. Courtesy Copies of Case Law and Other Documents
For incapacity and guardianship filings, the filer should immediately email the two proposed orders to the division.
If you file for incapacity and Guardianship, you should immediately email division46@circuit7.org with your proposed Order Appointing Attorney for the AIP AND Proposed Order Appointing the Examining Committee.
Page 7 | E. Probate and Guardianship Special Procedures
You may speak with the Judge only in court; private meetings and letters are not allowed.
You don’t get to talk to the Judge except when you are in court – no private meetings or letters.
Criminal cases
Page 20 | So who’s going to be there for me?
Email is the preferred way to communicate with the Court’s Judicial Assistant to avoid ex parte communication.
E-mail is the preferred means of communicating with the Court’s Judicial Assistant, to avoid ex-parte communication.
Page 3 | A. Communications with the Judge’s Office
Administrative communications with the Court’s Judicial Assistant may be sent to the listed email address.
Administrative communication with the Court’s Judicial Assistant may be sent to vgriffis@circuit7.org.
Page 3 | A. Communications with the Judge’s Office