Judge James Shenko
Individual Rules, Standing Orders & Policies
Limits & Logistics
Courtesy Copies
Notice of Compliance
Court-wide- Immediately Upon Filing
Adjournments
Court-wideRequest must include
Communication
Phone
Clerk
Phone
Court-wideClerk
Phone
Court-wideClerk
Phone
Court-wideDuty Judge
Document Format Requirements3 rules
Counsel/parties shall submit to the Court both an electronic version in Microsoft Word and a printed copy of the jury instructions and verdict form at docket sounding.
All composite exhibits shall be satisfactorily marked and bound before presentation to the Court.
- Binding
- Securely bound
- Exhibits
Exhibits to be introduced which are larger than 8 ½ x 11" may be used at trial, but if practicable, same shall be reduced to 8 ½ x 11", and the reduced size copy shall be the exhibit retained by the Clerk in the court file.
- Exhibits
Formatting
- •The clerk retains the reduced-size copy
Document Filing Requirements63 rules
I hereby Attest to the filing of all required documents for the above named Estate
Also, if your document is an emergency or time-sensitive, please put the word “emergency or urgent” before the case number in the “Document Title” field.
When you upload proposed orders, please put the case number first in the “Document Title” field on the “Add/Edit Document screen when you submit the order. Please use the following format for the case number, 20CA123, (two digit year, CA, CP, GA, or MH and case number with no leading zeros).
Venue allegation
Intestate: Statement that after exercise of reasonable diligence Petitioners are unaware of any unrevoked wills or codicils.
Petition for Summary Administration - Fla. Prob. R. 5.530
Petitioner/Petitioner(s)’ name(s) and address(es)/attorney name and address; name and LKA of Decedent, last 4 digits of SSN, and date and place of death/state and county of domicile
Names and addresses of surviving spouse and beneficiaries (including relationship) and year of birth if any minors
Whether proceedings are pending in another state, if yes then name and address of PR in foreign state and court issues letters
Authenticated copy of death certificate has been deposited with the Clerk of Courts – Fla. Prob. R. 5.171
Original Will has been deposited with the Clerk of Courts, Dk. No. ____ (testate only)
Testate: Statement identifying all unrevoked wills and codicils and that there are no other wills or codicils
Description of assets and estimated value, separate description of homestead or exempt property and a schedule of proposed distribution
Copy of death certificate for any deceased beneficiary, Dk. No. ____
Petition is verified by the surviving spouse (if any) and all beneficiaries, OR
The attorney of record must certify compliance with the checklist and filing of the required pleadings and supporting documentation.
Court's wording
I HEREBY CERTIFY that I have complied with the above checklist and filed the required pleadings and supporting documentation on the date indicated above in accordance with applicable Florida Statutes, Florida Probate Rules, local rules, administrative orders, and administrative memoranda.
Copy of paid funeral bill (not required if decedent has been dead more than 2 years), Dk. No. ____
Order Admitting Will to Probate
Statement that estate is not indebted, OR
Proof of Formal Notice has been filed for any beneficiary who is receiving their full share under Florida law, Dk. No. ____
Statement that All creditors’ claims are barred, OR
Joinder to Petition has been filed for each beneficiary, Dk. No. ____ OR
Order of Summary Administration – Fla. Stat. § 735.206
Oath of Witness to Will (if Will is not self-proving under Fla. Stat. § 732.503) - Fla. Stat. § 733.201, Dk. No. ____
Statement that “a diligent search and reasonable inquiry for any known or reasonably ascertainable creditors has been made and one of the following:”
The Name and address of each creditor, the nature of the debt, the amount of the debt (i.e. if estimated or exact), and when the debt is due.
Affidavit of Heirs, Dk. No. ____
When a debt will not be paid in full through the proposed administration, the petition must include the specified payment-substitution information.
Court's wording
If payment is being made other than full payment through the proposed administration then include: ☐ Name of person paying debt ☐ Creditors written consent for substitution or assumption ☐ Amount if the debt is compromised ☐ Terms for payment and limitation on liability of person paying the debt
Petition contains Petitioner’s name and address, a statement of the Petitioner’s interest, and the name and address of Petitioner’s attorney
Petition contains venue statement
- Document
- Petition for administration
Include
- •Venue statement
IF INTESTATE, statement that after the exercise of reasonable diligence the petitioner is unaware of any unrevoked wills or codicils, or if the petitioner is aware of any unrevoked wills or codicils, a statement why the wills or codicils are not being probated
Statement whether domiciliary or principal proceedings are pending in another state or country, if known, and the name and address of the foreign personal representative and the court issuing letters
Petition is verified
Petition contains name, LKA, last 4 digits of the SSN, date and place of death of the decedent and the state county of decedent’s domicile.
Names and addresses of the surviving spouse, if any, the beneficiaries, their relationship to decedent and the birth year of any minors.
In a testate estate, the petition must include a statement concerning the original last will or an authenticated copy of a will held or probated elsewhere.
Court's wording
If TESTATE, a statement that the original of the decedent's last will is in the possession of the court or accompanies the petition, or that an authenticated copy of a will deposited with or probated in another jurisdiction or that an authenticated copy of a notarial will, the original of which is in the possession of a foreign notary, accompanies the petition; and
For a testate estate, the petition must identify all unrevoked wills and codicils presented for probate and address any other known instruments.
Court's wording
IF TESTATE, a statement identifying all unrevoked wills and codicils being presented for probate, and a statement that the petitioner is unaware of any other unrevoked wills or codicils or, if the petitioner is aware of any other unrevoked wills or codicils, a statement why the other wills or codicils are not being probated;
Petition for Administration filed with the Clerk of Court, Dk. No. ____
Original Death Certificate deposited with the Clerk of Court, Dk. No. ____
Petition contains the approximate value and nature of the assets;
Statement of the priority, under section 733.301, Florida Statutes, of the person seeking appointment as the personal representative. Statement if any other person has equal or higher preference in appointment (if so, their name and whether they will be served with formal notice).
Petition for Restricted Depository, Dk. No. ____ OR ☐ The estate contain no liquid assets
The petition must state that the proposed personal representative is qualified to serve under Florida law.
Court's wording
Statement that the personal representative seeking appointment is qualified to serve under the laws of Florida as a business entity under section 733.305, Florida Statutes, or, if an individual, that the person is qualified to serve under the laws of Florida, including:
Oath of Personal Representative and Designation and Acceptance of Resident Agent - Fla. Prob. R. 5.320 and 5.110, Dk. No. ____
Affidavit of Heirs, Dk. No. ____
Verified inventory – Fla. Stat. §733.604, Dk. No. ____
Order Appointing Personal Representative and setting bond, if any
Letters of Administration
The checklist permits either a waiver and consent from the majority in interest of the heirs or proof of formal notice on qualifying persons with equal or greater preference.
Court's wording
Waiver and Consent to Appointment of Personal Representative from majority in interest of the heirs – Fla. Stat. § 733.301(b); Fla. Prob. R. 5.201 OR ☐ Proof of Formal Notice on all persons qualified to act as personal representative and who are entitled to preference equal to or greater than petitioner - Fla. Prob. R. 5.040
An individual proposed personal representative's qualification statement must address felony convictions, physical and mental capacity, age, and Florida residency or the required nonresident relationship statement.
Court's wording
___ Whether the person has been convicted of a felony; ___ Whether the person is mentally and physically able to perform the duties of a personal representative ___ That the person is 18 years of age or older; and ___ Whether the person is a resident of Florida and, if not a resident, a statement of the person's relationship to the decedent in accordance with section 733.304, Florida Statutes.
Copy of death certificate for any deceased beneficiary, Dk. No. ____
Petition to Set Bond, Dk. No. ____
The submitted instructions and verdict forms shall include any of the Florida Standard Jury Instructions and verdict forms with appropriate adaptations for the specifics of the case.
Counsel and pro se parties must list every trial witness with an estimated testimony time and a concise description of the expected testimony.
Court's wording
Counsel and all pro-se parties shall attach or list below all witnesses they actually intend to call at trial, including an approximate total amount of the time for each witness and a concise statement of the facts about which the witness will testify.
DAMAGES. Attached, or listed below, is an itemized list of all claimed damages that are going to be presented to the jury.
Statement/Summary of Case: (This will not be read to the jury - it is for the trial judge's information.)
Unless specifically directed otherwise by the Court, jury instructions and verdict forms shall be fully discussed and submitted prior to docket sounding.
A notice of potential trial conflicts and specified information about each conflicting case must be filed before docket sounding.
Court's wording
Prior to docket sounding, a notice of potential trial conflicts should be filed, including information for any other potentially conflicting case(s), including case style, case number, filing date, trial period, judge (with contact information/telephone number), whether such case has been continued previously or has been special set, etc.
Notice of Trust (if applicable)
The certification must be dated and signed by the attorney and include the attorney's printed name, bar number, and email address.
- Placement
- Signature block
Court's wording
Dated: ____________ ________________________________________ Attorney's Signature Printed Name:____________________________ Bar Number: _____________________________ Email Address(es):_________________________
☐ Order Designating Depository for Assets (if applicable)
FABRE. Any Fabre defendant previously disclosed should be included on the proposed verdict form.
Jury instructions shall be submitted in one agreed upon package in appropriate order of presentation, with any disputed instructions flagged for review and discussion.
Filing & Service rules
Electronic Filing Rules
When e-filing a proposed order, the filer must select “Proposed Documents” so the order is routed to the court.
When e-filing a proposed order, be sure to select “Proposed Documents” to ensure that that the order gets routed to us.
Page 1 | Submitting Proposed Orders
Proposed orders should be submitted through the court’s e-filing portal.
Proposed Orders should now be submitted via the e-filing portal at https://www.myflcourtaccess.com/default.aspx.
Page 1 | Submitting Proposed Orders
The checklist and proposed orders must not be submitted until all required documents are posted in Odyssey.
Please do not submit the checklist and order until all documents are posted in Odyssey.
Civil cases
Page 1 | Checklist and Certification – Petition for Summary Administration Checklist
The checklist, orders, and letters may not be submitted until all required documents have been posted in Odyssey.
Please do not submit this checklist, orders and letters until all documents are posted in Odyssey.
Civil cases
Page 1 | PETITION FOR FORMAL ADMINISTRATION CHECKLIST
Filing Timing and Cure Windows
A proposed order may be submitted after the motion appears on the Clerk’s docket.
The Motion will need to appear on the Clerk’s docket, before the order can be considered. Once the motion appears on the Clerk’s docket, you can submit the proposed order.
Page 1 | Submitting Proposed Orders
Trial counsel and pro se parties must meet in person or by video conference at least 48 hours before docket sounding to discuss jury instructions and verdict forms.
All trial counsel and any pro-se parties are to meet in person or by video-conference at least 48 hours before docket sounding for this purpose.
Page 1 | JURY INSTRUCTIONS & VERDICT FORM
Deposition designations must be completed and discussed at least ten business days before docket sounding.
Deposition designations must be made and discussed at least ten business days in advance of docket sounding.
Page 1 | DEPOSITION TRANSCRIPTS
All exhibits must be marked and exchanged at least five full business days before docket sounding.
ALL EXHIBITS SHALL BE MARKED AND EXCHANGED AT LEAST FIVE FULL BUSINESS DAYS PRIOR TO DOCKET SOUNDING.
Page 1 | EXHIBITS
Service and Proof of Service Rules
Parties without an email address for electronic service must receive a signed copy by regular mail, and the filer is responsible for sending it.
If there are any parties in the case without an email address set up for electronic service, you will be responsible for sending them a signed copy by regular mail.
Page 1 | Submitting Proposed Orders
The notice checklist requires service on the surviving spouse, all beneficiaries, applicable trust fiduciaries and beneficiaries, and persons entitled to exempt property, with waivers from all parties entitled to notice when used.
All parties previously served under 733.2123 ___ Served on surviving spouse ___ Served on All beneficiaries ___ Served on trustee of any trust, ___ Served on beneficiary of trust of trustee is also the PR ___ Served on persons entitled to exempt property ___ Waivers of Notice of Administration filed by ALL parties entitled to notice
Civil cases
Page 2 | Notice of Administration
The certificate of service must state that conformed copies were mailed on the specified date.
Pursuant to Rule 1.080 of the Florida Rules of Civil Procedure, conformed copies have been mailed this ______day of _________, _____, to the following:
Page 1 | CERTIFICATE OF SERVICE
Chambers Communication Rules
A person needing a disability accommodation must contact Brooke Dean at (239) 533-1711 at least seven days before the court appearance, or immediately if fewer than seven days remain.
Please contact Brooke Dean, Operations Division Manager, whose office is located at Lee County Justice Center, 1700 Monroe Street, Fort Myers, Florida, 33901 and whose telephone number is (239) 533-1711, at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before your scheduled appearance is less than 7 days
Page 1 | AMERICANS WITH DISABILITIES ACT
A hearing-impaired person seeking an accommodation should call 711.
if you are hearing impaired, call 711.
Page 1 | AMERICANS WITH DISABILITIES ACT