Judge Michele S. Simonsen
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Courtesy Copies
Case Law, Memorandum
Adjournments
- A party must still attend when a continuance has been requested unless the party has received a signed order granting it.
- Trial continuances are disfavored, require good cause, and cannot be based on lack of due diligence; successive requests are highly disfavored, and the requesting party must sign the motion unless good cause is shown.
- A continuance request must be written, state its reason, any party’s objection, and when the case is expected to be trial-ready, and be signed by the requesting party.
- +5 more
Request must include
Communication
Chambers
Chambers
Phone
Chambers
Chambers
Document Format Requirements3 rules
Proposed orders should be emailed to division73@circuit7.org in an up-to-date WORD format. PDF orders will not be accepted.
- Proposed order
Formatting
- •PDF orders will not be accepted
Each jury instruction shall be on a separate page; shall contain citations of supporting authorities, if any; shall designate the party submitting the instruction; and shall be numbered in sequence.
- Proposed jury instructions
Formatting
- •Each jury instruction must contain citations of supporting authorities, if any
- •Each jury instruction must designate the party submitting it
- •Each jury instruction must be numbered in sequence
Videos: Videos which are to be submitted as evidence need to be submitted to the Clerk in a format such as a DVD or flash drive, and the party submitting the video must also have a way to display the video to the Court at the hearing.
Document Filing Requirements22 rules
STATE IN YOUR MOTION THE POSITION OF OPPOSING COUNSEL – WHETHER THE OTHER PARTY OBJECTS OR NOT TO THE MOTION.
A notice of hearing must identify the hearing location or format, motion, scheduled time, and Clerk’s docket number for the motion.
Court's wording
c. Notices of Hearing must have the location (Hearing Room # D-314) or type of hearing (i.e. telephonic or video via Zoom); name of the motion you are calling up for hearing, the time set aside for the hearing, and the Clerk’s docket number for the motion you are setting for hearing.
If you have good cause to request an appearance by Zoom, you must file the request with the Clerk of Court, indicating the reason why you cannot appear in-person.
If you need to appear virtually at a traffic hearing, you must file your request detailing you reason why you cannot appear.
Requests for Zoom appearance for a witness or party may be addressed via a motion filed prior to the Docket Sounding, with the reasons for the request, and shall reference any factors relevant to the Court’s decision, specifically any relevant factors listed in Fla. Rules Gen. Prac. And Jud. Admin. 2.530(2)(A).
If your notice is for a zoom hearing, you may file a written motion to appear in person at least five (5) business days in advance of the hearing, do not just appear in the hallway. All parties should be copied on the request for in-person appearance.
Any request for a party or witness to appear remotely must be filed at least five (5) business days prior to the trial date and shall reference any factors relevant to the Court’s decision, specifically any relevant to the Court’s decision, specifically any relevant factors listed in Fla. Rules Gen. Prac. And Jud. Admin. 2.530(2)(A).
(a) EVIDENTIARY EXHIBITS. No less than sixty (60) days before the docket sounding, each party shall disclose and specifically describe in w1iting each exhibit intended to be offered at trial, including exhibits to be used for impeachment. Exhibits not timely disclosed shall not be used at trial unless good cause is shown.
Each motion shall contain a certificate of the movant's attorney if represented (or the moving party if umepresented) certifying his/her compliance with this requirement. This provision does not apply to motions for summary judgment or other case dispositive motions.
If this case is scheduled for a jury trial, no later than the docket sounding, each party shall submit to the Court an original and one electronic copy of that party's proposed jury instructions and verdict fonn.
The party scheduling the hearing will prepare the notice unless advised by the Judicial Assistant that the Court will prepare the notice of hearing.
g. Motions to Withdraw as Counsel do not need to be set for hearing if a signed consent from the client is provided with the motion.
Agreed orders should state that they are agreed to by all parties, within the order.
Parties may jointly request to waive PTC by written motion, and the matter will be set for mediation and trial (only if both parties agree).
Stipulations should be filed and a copy of the signed stipulation submitted with the proposed order.
In your email, please include the case number, how much time is needed, and what motions are being heard.
Agreed Orders – Should state that they are agreed to by all parties within the order, or stipulations may be filed and a copy of the signed stipulation submitted with the motion.
Motions to Withdraw – Do not need to be set for a hearing if you have a signed consent from your client and a joint stipulation provided with the motion.
Please state in your motion the position of opposing party – whether they object or not to the motion.
PLEASE DO NOT send any exhibits in for a small claims pretrial conference. The pretrial conference is not your trial date, so the Court will not be receiving any testimony or evidence that day.
Separately mark each exhibit as “Plaintiff’s Ex. A, B, C…” or “Defendant’s Ex. A, B. C…” as appropriate.
A party may amend or supplement a witness list without leave through the applicable filing deadline, but must restate the list in full.
Court's wording
(c) A party may amend or supplement his/her witness list without leave of Comt at any time until the deadline for the filing of witness lists set forth in paragraphs 2( a) and (b) above. If a witness list is amended or supplemented, it shall be restated in full.
Filing & Service rules
Electronic Filing Rules
An unrepresented party must file a request to the Court as a motion with the Clerk and send a copy to all parties.
Note to unrepresented parties: If you have a request of the Court, e.g. a request to continue a hearing or mediation, appear by phone, etc., then you must file such request as a motion with the Clerk of Court and send a copy to all parties.
Page 2 | Unsolicited Communications
A motion must be e-filed with the Clerk before a hearing can be scheduled or an order submitted to the Judge for review.
Motions must be e-filed with the Clerk of Court before a hearing will be scheduled, or an order submitted to the Judge for review.
Page 2 | Motions and Proposed Orders
Paper orders sent by postal mail are not accepted; all orders must be sent electronically.
The Court will no longer accept “paper” orders, meaning orders sent through postal mail. All orders must be sent electronically.
Page 2 | Motions and Proposed Orders
Videos cannot be e-filed and must be delivered to the Clerk of Court on a CD or USB drive.
Videos cannot be e-filed, and they must be delivered to the Clerk of Court at the above address on a CD or USB drive.
Page 3 | Exhibits for Evidentiary Hearings and Non-Jury Trials by Zoom
A cross-notice should be e-filed with the Clerk and copies provided to all parties and the Judicial Assistant; the party who set the hearing should first be contacted.
If a party wishes to cross-notice a motion for a hearing time that has been previously set, please contact the party that initially set the hearing. If there is no objection, and time permits, the matter will be heard at that time. The cross notice of hearing should be e-filed with the Clerk of Court, with copies to all parties and the Judicial Assistant.
Page 1 | Hearing Time
Voluminous case law for a hearing should be submitted electronically to the Judicial Assistant, with copies to other counsel and unrepresented parties, within the previously stated time frame.
A party who wishes the Court to consider voluminous case law at a hearing should submit same electronically to Judge Simonsen’s Judicial Assistant at cbeason@circuit7.org, with copies to all other counsel and unrepresented parties in the same time frame previously set forth.
Page 1 | Written Submissions in Advance of Hearings
Exhibits may be e-filed through the E-filing portal or delivered to the Clerk of Court at the courthouse.
Exhibits can be e-filed with the Clerk of Court through the E-filing portal, which is free to use, and can be accessed at https://www.myflcourtaccess.com/, or they can be delivered to the Clerk of Court at the Volusia County Courthouse, 101 North Alabama Avenue, DeLand, Florida.
Page 3 | Exhibits for Evidentiary Hearings and Non-Jury Trials by Zoom
Filing Timing and Cure Windows
A party-prepared proposed order must be submitted within ten days after the hearing unless the Court specifies otherwise when ruling.
i. Deadline for proposed orders after a hearing: Proposed orders to be prepared by a party must be submitted within ten (10) days of the hearing, unless otherwise specified by the Court upon ruling.
Page 2 | B. Scheduling Procedures
A motion must be filed with the Clerk before a hearing will be scheduled.
a. Motions must be filed/e-filed with the Clerk before a hearing will be scheduled.
Page 2 | B. Scheduling Procedures
The Court must receive memoranda of law at least three business days before the scheduled hearing.
The Court must have these materials at least three (3) business days prior to the scheduled hearing.
Page 1 | Written Submissions in Advance of Hearings
Documentary exhibits intended for use at a hearing or trial must be filed at least three working days beforehand.
Documentary exhibits such as reports, bills, invoices, text messages or pictures that you intend to use at the hearing/trial must be filed with the Court at least (3) three working days prior to the hearing.
Page 3 | Exhibits for Evidentiary Hearings and Non-Jury Trials by Zoom
Documents and exhibits not timely e-filed or hand delivered will not be considered at the hearing unless good cause is shown.
Documents and exhibits not timely e-filed or hand delivered to the Clerk will not be considered by the Court at the hearing, unless good cause is shown.
Page 3 | Exhibits for Evidentiary Hearings and Non-Jury Trials by Zoom
Videos presented at virtual hearings must be submitted to the Clerk before the hearing.
Videos being presented for virtual hearings must be submitted in advance of the hearing to the Clerk.
Page 5 | E. Exhibits for Evidentiary Proceedings
Exhibits for virtual hearings must be filed before the hearing and copied to the opposing party.
Exhibits for virtual hearings should be filed in advance of the hearing and be copied to the opposing party.
Page 5 | E. Exhibits for Evidentiary Proceedings
Case law and memoranda of law are welcome, and receipt at least five business days before the hearing is helpful.
Case Law/Memoranda of Law are welcome; it is helpful if received at least five (5) business days in advance of the hearing date so that the Judge can read them prior to the hearing.
Page 2 | B. Scheduling Procedures
Service and Proof of Service Rules
Attorneys and self-represented litigants must send and receive service by email, generally through the Florida Courts E-Filing Portal, unless excused.
d. E-Filing Portal: All attorneys and self-represented litigants must make and receive service by e-mail, which is generally through the Florida Courts E-Filing Portal, unless excused.
Page 1 | A. Communications with the Judicial Office
Case law and memorandum submissions must be filed with the Clerk and copied to all parties.
Courtesy copies of Case Law or Memoranda may be provided to the Judicial office directly, however all submissions must also be filed with the Clerk and copied to all parties.
Page 2 | B. Scheduling Procedures
An unrepresented party who files a request as a motion must send a copy to all parties.
Note to unrepresented parties: If you have a request of the Court, e.g. a request to continue a hearing or mediation, appear by phone, etc., then you must file such request as a motion with the Clerk of Court and send a copy to all parties.
Page 2 | Unsolicited Communications
At least 60 days before docket sounding, each party must file and serve a notice identifying the names and addresses of expected non-expert witnesses, including impeachment and rebuttal witnesses.
(b) NON-EXPERT WITNESSES. No less than sixty (60) days prior to docket sounding, each party will file with the Court and serve on all other parties a notice containing the names and addresses of each non-expert witness whom the noticing party in good faith expects to call as a witness at trial, including witnesses expected to be called for impeachment or rebuttal.
Page 2 | 2. WITNESS LISTS (b) NON-EXPERT WITNESSES
Parties seeking affirmative relief must file and serve expert-witness notices at least 75 days before docket sounding, and parties not seeking affirmative relief must do so no later than 60 days before; each notice must include specified contact information and each expert’s area of expertise.
(a) EXPERT WITNESSES. No less than seventy-five (75) days before docket sounding, each party seeking affmnative relief will file with the Court and serve on all other parties a notice containing the names, addresses and telephone numbers of each expert witness whom the noticing party in good faith expects to call as a witness at trial. No later than sixty (60) days before docket sounding, each party not seeking affmnative relief shall file with the Court and serve on all other parties a notice containing the names, addresses and telephone numbers of each expert witness whom the noticing party in good faith expects to call as a witness at trial. For each expert witness listed, the noticing party shall designate his/her area of expertise (i.e. "accident reconstruction", "economist", "treating orthopedic physician" etc.).
Page 2 | 2. WITNESS LISTS (a) EXPERT WITNESSES
Exhibits for virtual hearings must be filed before the hearing and copied to the opposing party.
Exhibits for virtual hearings should be filed in advance of the hearing and be copied to the opposing party.
Page 5 | E. Exhibits for Evidentiary Proceedings
A memorandum for the Court's consideration before a motion hearing must be submitted by mail or electronically to the Judicial Assistant, with a copy to all other counsel and unrepresented parties.
Any party who wishes the Court to consider a memorandum prior to the hearing on a motion shall submit it by mail or electronically to Judge Simonsen’s Judicial Assistant at cbeason@circuit7.org with a copy to all other counsel and unrepresented parties.
Page 1 | Written Submissions in Advance of Hearings
Copies of a cross-notice of hearing should be provided to all parties and the Judicial Assistant.
The cross notice of hearing should be e-filed with the Clerk of Court, with copies to all parties and the Judicial Assistant.
Page 1 | Hearing Time
Courtesy Copy Requirements
Courtesy copies of case law or memoranda may be provided directly to the judicial office, but submissions must also be filed with the Clerk and copied to all parties.
Courtesy copies of Case Law or Memoranda may be provided to the Judicial office directly, however all submissions must also be filed with the Clerk and copied to all parties.
Page 2 | B. Scheduling Procedures
Pre-Motion Conference Requirements
Before filing a motion, the movant must contact the opposing party and make a good-faith effort to resolve the issues, except for summary-judgment and other case-dispositive motions.
Before any motion is filed, the moving party shall contact the opposing party and attempt, in good faith, to amicably resolve the issues raised by the motion(s). This provision does not apply to motions for summary judgment or other case dispositive motions.
Page 3 | 6. PRETRIAL MOTIONS; (c) CERTIFICATE OF GOOD FAITH
Adjournment & Extension Requirements
A party must still attend when a continuance has been requested unless the party has received a signed order granting it.
On cases requested to be continued, you must still attend unless you have received a signed Order granting the continuance.
Page 4 | C. Appearing in Court
A continuance request must be written, state its reason, any party’s objection, and when the case is expected to be trial-ready, and be signed by the requesting party.
Motions for continuance must be in writing and specifically set forth: (a) the reason for the requested continuance; (b) if any party objects to the requested continuance and ( c) when it is anticipated the case will be ready for trial. The rule requires that the party (not just the attorney) requesting the continuance should sign the motion or stipulation. (Fla. R. Gen. Prac. & Jud. Admin. 2.545(e)).
Page 3 | 5. CONTINUANCES
A witness’s unavailability cannot support a continuance unless a subpoena was issued and served, or service was attempted, at least ten days before trial.
The inability to require the attendance of a witness at trial shall not be the basis for continuance of the trial unless a witness subpoena was issued and served on the witness (or was attempted to be served on the witness) at least ten ( l 0) days prior to the trial date.
Page 3 | 5. CONTINUANCES
An agreed extension or modification must be set out in a written stipulation signed by all parties and filed with the Court.
Any extension or modification agreed to shall be by written stipulation signed by all parties to this action and filed with the Court.
Page 5 | 13. EXTENSION OF TIME LIMITS
An extension or modification of a deadline or compliance date under the Order is not permitted if it would continue the trial or prevent mediation from being completed before docket sounding.
No extension of deadlines or compliance dates established by this Order are pennitted ifthe extension or modification would cause a continuance ofthe trial or would prevent the completion ofmediation prior to docket sounding.
Page 5 | 13. EXTENSION OF TIME LIMITS
Any other extension of a deadline or compliance date under the Order, or any other modification of the Order, requires Court approval.
Any other extension ofthe deadlines or compliance dates established herein, or modifications ofthis Order requires Court approval.
Page 5 | 13. EXTENSION OF TIME LIMITS
Trial continuances are disfavored, require good cause, and cannot be based on lack of due diligence; successive requests are highly disfavored, and the requesting party must sign the motion unless good cause is shown.
Motions for Continuance of trials 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. Except for good cause shown, the motion must be signed by the party requesting the continuance, as required by the Florida Rule of General Practice and Judicial Administration 2.545(e).
Page 5 | G. Continuance Procedure
A continuance request based on a witness’s unavailability must state when the witness is believed to be available.
If the requested continuance is based on the unavailability of a witness, the Court must be advised of when it is believed the witness will be available.
Page 3 | 5. CONTINUANCES
Chambers Communication Rules
A judge may not initiate, permit, or consider communications outside the parties’ presence about a pending or impending proceeding unless authorized by law.
A judge is prohibited from initiating, permitting, or 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
The Judicial Assistant may not relay to the court the contents of conversations that would constitute improper ex parte communication.
The Court’s Judicial Assistant is not permitted to relate to the court the contents of any conversations which would be considered improper ex parte communication with the court.
Page 1 | A. Communications with the Judicial Office
Hearing time must be requested from the Judicial Assistant by email.
b. Hearing time must be requested through the Judicial Assistant via email.
Page 2 | B. Scheduling Procedures
Hearings must be coordinated with opposing counsel and confirmed with the Judicial Assistant.
Hearings must be coordinated with opposing counsel and confirmed with the Judicial Assistant (“J.A.”).
Page 2 | B. Scheduling Procedures
A party cancelling a hearing must email or call the Judicial Assistant, even if a notice of cancellation is filed with the Clerk.
Even though a Notice of Cancellation may be filed with the Clerk, the party cancelling the hearing must also email or call the Judicial Assistant to cancel the hearing.
Page 2 | B. Scheduling Procedures
The Judicial Assistant may not convey to the Court the contents of conversations that would constitute improper ex parte communication.
The Court’s Judicial Assistant is not permitted to relate to the Court the contents of any conversations which would be considered improper ex parte communication with the Court.
Page 2 | Unsolicited Communications
Use the Division 73 email only to submit proposed orders, do not submit other pleadings or requests there, and do not send orders to both that address and the Judicial Assistant.
The division 73 email is solely for the purpose of submitting proposed orders. It does not allow for a reply and/or forward. Do not submit other pleadings or requests via this division email address. DO NOT SUBMIT ORDERS TO BOTH THE JUDICIAL ASSISTANT AND DIVISION 73 – USE ONLY DIVISION 73 EMAIL ADDRESS FOR SUBMITTING ORDERS.
Page 2 | Motions and Proposed Orders
Unsolicited letters, emails, or communications of any type should not be sent to the Court.
Unsolicited letters, emails, or communications of any type should not be sent to the Court.
Page 2 | Unsolicited Communications
Any email to the judicial office must copy all parties.
All parties must be copied on any email directed to the judicial office.
Page 1 | A. Communications with the Judicial Office
Written and electronic communications must be copied to all opposing parties.
All communications, whether written or electronic, must be copied to all opposing parties.
Page 1 | A. Communications with the Judicial Office
Unsolicited letters and similar communications, including complaints about another party or attorney, should not be sent to the court.
Unsolicited letters and communications of that type should not be sent to the court (for example, complaining of conduct of another party or attorney).
Page 1 | A. Communications with the Judicial Office
The Court will not consider unsolicited communications from non-parties.
Unsolicited communications from non-parties will not be considered by the Court.
Page 1 | A. Communications with the Judicial Office
Do not add matters to another party’s reserved hearing time unless that party consents and the matters are coordinated and confirmed with the Judicial Assistant.
DO NOT notice additional matters for hearing at the time reserved by another party, unless the other party has consented, and the additional matters are coordinated/confirmed with the J.A.
Page 2 | B. Scheduling Procedures
Only the party who scheduled a hearing may cancel it.
A hearing may only be cancelled by the party who scheduled the hearing.
Page 2 | B. Scheduling Procedures
After the hearing is confirmed, a copy of the notice must be sent to the Judicial Assistant by email, fax, or mail.
Once confirmed, a copy of the notice of hearing must be sent to the J.A. by email, fax, or mail.
Page 2 | B. Scheduling Procedures
Only the Court may cancel a hearing that it set.
A hearing set by the Court may only be cancelled by the Court.
Page 2 | B. Scheduling Procedures
Hearings should be scheduled by email through the Judicial Assistant.
All hearings should be scheduled by email through the Judicial Assistant, Casey Beason, at cbeason@circuit7.org.
Page 1 | Scheduling a Hearing
Only the party who scheduled a hearing may cancel it, and that party must email or call the Judicial Assistant.
Only the party who scheduled the hearing can cancel the hearing. Even though a Notice of Cancellation may be filed with the Clerk, the party canceling the hearing must email or call the Judicial Assistant to cancel the hearing.
Page 1 | Hearing Time
Proposed orders should be emailed to the Division 73 email address.
Proposed orders should be emailed to division73@circuit7.org in an up-to-date WORD format.
Page 2 | Motions and Proposed Orders
Self-represented litigants and people excused from email service may contact the judicial office by telephone.
b. Telephone: Self-represented litigants and those excused from e-mail service may communicate with the judicial office by telephone to 386-626-6592.
Page 1 | A. Communications with the Judicial Office
Proposed orders may be emailed to the division in Word format.
Proposed orders may also be sent to the division email in Word format: division73@circuit7.org.
Page 1 | A. Communications with the Judicial Office
Email to the Judicial Assistant is the preferred method of communication with the judicial office.
a. Email: The preferred method of communication is via email to the Court’s Judicial Assistant, Casey Beason, cbeason@circuit7.org.
Page 1 | A. Communications with the Judicial Office
Proposed orders may be emailed to the Judge before a hearing if the opposing party is copied.
h. Proposed Orders may be sent to the Judge in advance of a hearing, as long as copied to the opposing party, electronically to division73@circuit7.org.
Page 2 | B. Scheduling Procedures
Whenever possible, parties should contact the opposing party before filing or upon receiving a motion to determine whether the matter can be resolved.
Parties should, whenever possible, prior to filing or upon receiving a motion, contact the opposing party to determine if the matter can be resolved in whole or in part.
Page 2 | Motions and Proposed Orders