Judge Kenneth J. Janesk II
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Courtesy Copies
Courtesy copies
- No Later Than Five Business Days Before Any Evidentiary Proceeding
Adjournments
- Continuances are disfavored, require good cause, successive continuances are highly disfavored, and lack of due diligence is not a sufficient ground.
- A motion for continuance must specifically explain the need and when it arose, state whether it is opposed, identify readiness actions and dates including participant availability, and propose a ready-to-proceed date and whether all parties agree.
Request must include
- A motion for continuance must be submitted at least three days before the scheduled court date unless exigent circumstances apply.
Communication
Chambers
Chambers
Phone
Chambers
Chambers
Document Format Requirements5 rules
Format: Proposed orders should be submitted in Microsoft Word format using the Court’s division email address: division58@circuit7.org PDF orders will not be accepted unless necessary.
Contested Orders: If the parties disagree as to the form of the order, a red-line version of the proposed order should be submitted.
A filed document is not itself an exhibit, and original exhibits should be pre-marked with the Clerk before the hearing.
Court's wording
Format: A document filed with the Clerk of Court is not an exhibit. The Court must accept your exhibits at a trial or hearing. Original exhibits should be pre-marked before the hearing with the Clerk of Court.
Electronic Exhibits: The Court will not accept texts, photos, or videos that are only available on a cell phone, tablet, or laptop. You must print off copies of texts or photos. You must save videos to a flash drive. It is recommended that you bring a laptop to the trial or hearing with you to help display videos on the flash drive, and then leave the flash drive with the Clerk of Court.
Parties are encouraged to pre-mark original exhibits by labelling them with an “A,” “B,” etc. prior to any trials or hearings.
Document Filing Requirements12 rules
A notice of hearing must state the specified case, hearing, motion, judge, and time-reserved information, include Zoom details for remote appearances, and contain the required ADA notification.
Court's wording
A notice of hearing must include the following minimum information: the case style including case number; the date, time, and location of the hearing; the matter(s) to be heard including docket number or filing date of each motion; the judge presiding over the hearing; and the amount of time reserved for the hearing. A notice of hearing involving any remote appearance must list the Zoom meeting information. All notices of hearing must contain the ADA notification required by Florida Rule of General Practice and Judicial Administration 2.540.
Before unilaterally scheduling a hearing, the requesting party must make good-faith reasonable coordination efforts and identify the unilateral setting and certify those efforts in writing.
Court's wording
Before scheduling any hearing, the party requesting the hearing time shall make good faith reasonable efforts to coordinate the date and time of the hearing with all opposing parties. If, after making good faith reasonable efforts, the party is unable to coordinate a mutually agreeable date and time, a party may then unilaterally schedule the hearing. The notice of hearing shall indicate that it is unilaterally scheduled, and the party (or counsel) must certify in writing that they have made good faith, reasonable efforts to coordinate the scheduling of the hearing with the opposing parties.
The motion must be signed by the party requesting the continuance, as required by Florida Rules of General Practice and Judicial Administration 2.534(e).
A proposed ex parte discovery-compulsion order requires written notice giving the opposing party 10 days to provide discovery, attached to the motion to compel.
Court's wording
Ex-Parte Orders Compelling Discovery: If you are sending in a proposed ex-parte order compelling the production of discovery, you must comply with Administrative Order FM-2022-011-SC which requires written notice to the opposing party giving 10 days to provide discovery and attaching that notice to the motion to compel.
Requirements: If a party believes there is a factual basis for setting an emergency hearing, a detailed motion setting forth the following must be filed: (1) the issues to be resolved, (2) the reasons why an emergency hearing is necessary, and (3) the amount of time needed for each party’s presentation.
4. Time reserved for the hearing
The Notice must specify the location of the hearing.
1. Motion(s) to be heard
The subject line of emails should contain the case number, case name, and relevant matter (e.g., DR25-0000 – Smith v. Jones – copy of case law for hearing).
Agreed Orders: If the proposed order is agreed, the email should indicate agreement and the title of the order should be “Agreed Order…”, “Unopposed Order…”, or “Consent Order…”
A notice must not state that a hearing is by Zoom only.
Court's wording
Notices shall not specify that a hearing is by Zoom only since in-person appearances are permitted at any hearing and is required for all evidentiary hearings and hearings scheduled for one hour or longer.
For hearings in which Zoom attendance is permitted, Zoom access information is located below and on the Court’s webpage at www.circuit7.org
Filing & Service rules
Filing Timing and Cure Windows
A hearing may not be cancelled fewer than three business days before it unless the case has fully settled or an agreed order fully resolves the matters set for hearing.
Further, no hearing may be cancelled fewer than three (3) business days before the hearing, unless the case has settled in its entirety or an agreed order on the motion is submitted to the Court fully resolving the matters to be heard.
Page 4 | B. Scheduling Procedures
Submit proposed orders within 10 business days after a hearing unless the Court instructs otherwise.
Deadline for Submissions: Proposed orders must be submitted within ten (10) business days after any hearing, unless otherwise instructed by the Court.
Page 6 | D. Submission of Orders and Judgments
Parties are welcome to file additional memoranda or legal authorities for the Court to review at least five business days before the hearing.
The Court will review motions set for hearing before the hearing. The Court welcomes the filing of additional ===== PAGE 4 ===== memoranda of law or copies of legal authority (statutes, regulations, case law) the parties desire for the Court to review at least five (5) business days before the hearing.
Page 4 | B. Scheduling Procedures
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. Fla. R. Gen. Prac. & Jud. Admin. 2.516.
Page 2 | A. Communications with the Judicial Office
The party scheduling a hearing must file and serve the notice immediately after reserving hearing time.
A notice of hearing must be filed and served by the party scheduling the hearing immediately after reserving hearing time.
Page 3 | B. Scheduling Procedures
A copy of additional memoranda or legal authority submitted for the Court's review must be sent to all opposing parties at the same time.
A copy must be sent to all opposing parties simultaneously.
Page 4 | B. Scheduling Procedures
A notice of cancellation must be filed and immediately served 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.
Page 4 | B. Scheduling Procedures
Attorneys and self-represented litigants must update their contact information whenever the email account registered for electronic service changes.
It is the responsibility of attorneys and self-represented litigants to update their contact information any time there is a change in the e-mail account registered for electronic service.
Page 2 | A. Communications with the Judicial Office
Courtesy Copy Requirements
Courtesy copies must be delivered to the Court at least five business days before an evidentiary proceeding.
Deadline for Submissions: Courtesy copies must be delivered to the court no later than five (5) business days before any evidentiary proceeding.
Page 6 | E. Courtesy Copies of Case Law and Other Documents
Courtesy copies of case law are not required but may be submitted for any proceeding.
When Required: Courtesy copies of case law are never required but may be submitted to the Court for any proceeding.
Page 6 | E. Courtesy Copies of Case Law and Other Documents
The preferred method for submitting courtesy copies is electronic PDF delivery to the Judicial Assistant.
Format: Electronic submission in PDF format to the Judicial Assistant is the preferred method.
Page 6 | E. Courtesy Copies of Case Law and Other Documents
Adjournment & Extension Requirements
A motion for continuance must specifically explain the need and when it arose, state whether it is opposed, identify readiness actions and dates including participant availability, and propose a ready-to-proceed date and whether all parties agree.
Motions for continuance must state with specificity: (1) the basis of the need for the continuance, including when the basis became know to the movant; (2) whether the motion is opposed; (3) the action and specific dates for the action that will enable the movant to be ready, including, but not limited to, confirming the specific date any required participants are available; and (4) the proposed date by which the case will be ready to proceed and whether that date is agreed by all parties.
Page 4 | B. Scheduling Procedures
A motion for continuance must be submitted at least three days before the scheduled court date unless exigent circumstances apply.
Motions for continuance must be submitted at least three (3) days prior to the scheduled court date for which the continuance is sought, barring exigent circumstances.
Page 4 | B. Scheduling Procedures
Continuances are disfavored, require good cause, successive continuances are highly disfavored, and lack of due diligence is not a sufficient ground.
Motions for continuance are disfavored and will be granted only upon good cause shown. Successive continuances are highly disfavored. Lack of due diligence is not grounds for granting a continuance.
Page 4 | B. Scheduling Procedures
Chambers Communication Rules
Do not communicate directly with the judge; communicate through the Judicial Assistant by phone or email, with email preferred.
Method of Communication: Direct communications with the judge are not allowed. All communications to the judicial office must be made to the Judicial Assistant, Megan Lapinski, by phone to 904-827-5654 or by e- mail to mlapinski@circuit7.org. The subject line of emails should contain the case number, case name, and relevant matter (e.g., DR25-0000 – Smith v. Jones – copy of case law for hearing). Emails are the preferred method of communication.
Page 1 | A. Communications with the Judicial Office
Copy all parties on emails to the judicial office unless the law authorizes an ex parte communication.
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
The Court will not consider unsolicited communications from non-parties, and unsolicited communications may be returned or placed in the court file.
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. Any unsolicited communication may be returned to sender or placed in the court file.
Page 2 | A. Communications with the Judicial Office
The division email may be used to submit proposed orders only, not other pleadings or requests.
Format: Proposed orders should be submitted in Microsoft Word format using the Court’s division email address: division58@circuit7.org PDF orders will not be accepted unless necessary. The division email is solely for the purpose of submitting proposed orders. Do not submit other pleadings or requests via this division email address.
Page 5 | D. Submission of Orders and Judgments
If a proposed order has not been entered within a reasonable time, inquire by emailing the Judicial Assistant and do not resubmit the same order.
Status of Proposed Orders: If you have submitted a proposed order and it has not been entered within a reasonable time, you may inquire ===== PAGE 6 ===== regarding the status by emailing the Judicial Assistant. Please do not submit the same proposed order multiple times.
Page 6 | D. Submission of Orders and Judgments
After filing the emergency motion and motion for hearing, contact the Judicial Assistant by email with copies of the motions to schedule a hearing.
Scheduling: After filing the emergency motion and motion for hearing, a party should contact the Judicial Assistant to schedule a hearing by emailing a copy of the motions.
Page 6 | F. Emergency and Other Urgent Matters
When client consent has been filed with the Clerk, a proposed order may be emailed to the division; otherwise, a hearing is required on the notice or motion.
Absent written consent of the client, a hearing is required on a Notice of Substitution of Counsel / Motion to Withdraw as Counsel. If you have written consent from the client which has been filed with the Clerk of Court, you may forward a proposed order via email to the division email address listed above.
Page 8 | K. Other Division Procedures