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Court Rules
Judge Kyle Cohen
Judge

Judge Kyle Cohen

Individual Rules, Standing Orders & Policies

Rules last changed:
Twentieth Judicial Circuit of Florida, Charlotte, Collier, Glades, Hendry and Lee Counties

Limits & Logistics

Courtesy Copies

Notice of Compliance

Court-wide
  • Immediately Upon Filing

Adjournments

  • A stipulation to continue trial does not automatically continue the trial; it must be set for a hearing before docket sounding and should state the reasons for the request.
  • Parties must continue preparing for trial as scheduled unless the court enters an order granting a continuance.
  • An opposed motion to continue must include the moving party’s written consent and be coordinated for hearings through JACS.
  • +1 more

Request must include

Reason for Request
Filters:

Document Format Requirements3 rules

FormattingMandatory

Evidentiary Hearings set via Zoom: Please submit a hard copy of the evidence to the Judge at least 48-hours prior to the hearing. Please submit in a tabbed binder, with an Exhibit List Index.

File type
Paper
Applies to
  • Evidence

Formatting

  • Include an Exhibit List Index
JudgeKyleCohenCivilDivisionGuidelines · p. 3
|SectionEvidentiary Hearings set via Zoom
FormattingImportant

All orders should be in font Times New Roman, font size 12.

Font
Times New Roman
Font size
12 points
Applies to
  • Orders
FormattingImportant

Agreed Case Management Plan: Please submit your Agreed Case Management Plan to the Civil Department in Word Format.

File type
Word
Applies to
  • Agreed case management plan
JudgeKyleCohenCivilDivisionGuidelines · p. 4
|SectionAgreed Case Management Plan

Document Filing Requirements11 rules

Filing RequirementsMandatory

Your JACS Confirmation Number MUST be on your Notice of Hearing.

Filing RequirementsMandatory

The Notice of Hearing must clearly indicate that the hearing will be via Zoom and will need to list Judge Cohen’s Zoom Meeting ID.

Filing RequirementsMandatory

You MUST include your JACS confirmation number, title of the motion(s), filed date, date and time of hearing, courtroom and the amount of time that was requested on the Notice of Hearing.

Filing RequirementsMandatory

Discovery motions (shall contain a Certificate of Good Faith)

JudgeKyleCohenCivilDivisionGuidelines · p. 2
|SectionMotion to be heard by Magistrate Bernardo
Filing RequirementsMandatory

In the email, please indicated the pleading that you need set, when it was filed with the court, and how much time you are requesting.

Filing RequirementsMandatory

The drafting attorney shall then submit a copy of the proposed order to the Court (in Word format). A cover letter is required. In the cover letter, please state that there are no objections.

Filing RequirementsMandatory

Cancellations: If you cancel a hearing, you are required to file a Notice of Cancellation with the Clerk. You must contact the Judicial Assistant via email with a copy of the Notice of Cancellation no later than 4:00 p.m. the business day prior to the scheduled hearing.

Filing RequirementsImportant

If counsel objects to an order or judgment, opposing counsel is to redline the order and then submit it to the judge, with a cover letter explaining who the drafter of the order is and who the redlines are from. Please do not submit competing orders unless directed by the Court.

Filing RequirementsImportant

Proposed orders shall be provided to other counsel with a reasonable time for approval or comment prior to submission to the court. Opposing counsel should promptly communicate any objections thereto.

Filing RequirementsImportant

The proposed order’s document title must begin with the case number, and emergency or time-sensitive orders must include “Emergency or Urgent” before the case number using the specified format.

Court's wording

When you upload the proposed order, please put the case number first in the “Document Title” filed on the “Add/Edit Document” screen when you submit the order. Also, if your document is an emergency or time-sensitive, please put the word “Emergency or Urgent” before the case number. Please use the following format for the case number: 20CA123 (two digit year, CA/CP/GA/MH and case number with no leading zeros).

Filing RequirementsImportant

Please ensure you are using the updated/revised Pre-Trial Order that is on the website, or it will be rejected.

JudgeKyleCohenCivilDivisionGuidelines · p. 4
|SectionPre-Trial Conference Orders

Filing & Service rules

Electronic Filing Rules

A proposed order must be submitted through the court’s e-filing portal after the underlying motion appears on the Clerk’s docket.

Proposed orders should now be submitted via the e-filing portal at https://www.myflcourtaccess.com/default.aspx. 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 3 | Proposed Orders

The agreed pretrial conference order must be submitted through the court portal.

Pre-Trial Conference Orders: All Pre-Trial Conferences will be held in-person and conducted in Courtroom 4-J. Please submit your AGREED Pre-Trial Conference Orders through the portal.

Page 4 | Pre-Trial Conference Orders

Filing Timing and Cure Windows

A hard copy of the evidence must be submitted to the judge at least 48 hours before a Zoom evidentiary hearing.

Please submit a hard copy of the evidence to the Judge at least 48-hours prior to the hearing.

Page 3 | Evidentiary Hearings set via Zoom

A cancellation notice received after 4:00 p.m. generally requires the parties to appear at the scheduled hearing unless the judicial assistant advises otherwise.

Any notices received after 4:00 p.m. will still require the parties to appear for the scheduled hearing, unless otherwise advised by the Judicial Assistant.

Page 4 | Cancellations

Anticipated case law for an in-person evidentiary hearing must be emailed to the judicial assistant at least 48 hours before the hearing.

Any Case Law that you anticipate to submit should be emailed to the Judicial Assistant at least 48- hours prior to the hearing.

Page 4 | Evidentiary Hearings set in-person

Service and Proof of Service Rules

An Order of Referral must be prepared, and mag-bernardohearings@ca.cjis20.org must be added to the Electronic Service List.

Please prepare an Order of Referral and add mag-bernardohearings@ca.cjis20.org to the Electronic Service List.

Page 2 | Motion to be heard by Magistrate Bernardo

Adjournment & Extension Requirements

A stipulation to continue trial does not automatically continue the trial; it must be set for a hearing before docket sounding and should state the reasons for the request.

Stipulation to Continue Trial does not automatically continue the trial and MUST be set for a hearing prior to the Docket Sounding. Such Stipulations should set forth the reasons

Page 4 | Continuance

A hearing longer than 60 minutes cannot be cancelled by the parties without a stipulation signed by both parties and filed with the clerk; a copy of the filed stipulation must then be emailed to the judicial assistant.

There will be no cancellation by the parties of a hearing is over 60-minutes without a filed stipulation signed by both parties and filed with the Clerk. Once you have the stipulation filed, please email a copy of the filed stipulation to the Judicial Assistant.

Page 4 | Cancellations

An opposed motion to continue must include the moving party’s written consent and be coordinated for hearings through JACS.

All opposed motions to continue must include the moving party’s written consent and be coordinated for hearings using JACS.

Page 5 | Continuance

Parties must continue preparing for trial as scheduled unless the court enters an order granting a continuance.

All parties shall continue to prepare for trial as scheduled unless an Order is entered granting a continuance.

Page 5 | Continuance

Chambers Communication Rules

Hearings requiring at least one hour must be scheduled directly with the Judicial Assistant by email at cphillips@ca.cjis20.org.

Extended Hearings: Hearings requiring one hour or more shall be scheduled directly with the Judicial Assistant. To request hearing time, please email cphillips@ca.cjis20.org.

Page 2 | Extended Hearings

A user unable to log in to JACS must email the JACS administrator with the user’s bar number.

If you are unable to successfully log-in, send an email with your bar number to JACSLee@ca.cjis20.org

Page 1 | IMPORTANT JACS LOG-ON INFORMATION

Scheduling problems with JACS should be reported to the JACS administrator by email.

If you are having problems scheduling, please email the JACS Administrator at JACSLee@ca.cjis20.org

Page 1 | IMPORTANT JACS LOG-ON INFORMATION

Judge Cohen’s Judicial Assistant may be contacted by phone at (239) 533-8244 or by email at cphillips@ca.cjis20.org, with email preferred.

You may contact Judge Cohen’s Judicial Assistant, Cheyanne Phillips, at (239) 533-8244 or via email at cphillips@ca.cjis20.org. Due to the high volume of calls, the preferred method of communication is via email.

Page 1 | Contacting Judge Cohen’s Office

Court-wide rules

Applies court-wide

These 221 rules apply across Twentieth Judicial Circuit of Florida, Charlotte, Collier, Glades, Hendry and Lee Counties. Where this judge's own standing orders above address the same topic, the judge's requirement controls.

Filing Requirements

All 59
  • Applies to
    Case management plan

    A court-ordered case management plan must specify the projected trial date, state that its deadlines will be strictly enforced, and state that the presiding judge will order a final trial period no later than 45 days before the projected trial period.

  • Applies to
    Trial period reset order

    If the court-ordered trial period does not reach trial, the court must enter an order setting a new trial period as soon as practicable based on the case’s needs and court resources.

  • Applies to
    Trial period reset order

    An order resetting the trial period must state what further activity will or will not be permitted.

Service

All 43
  • Plaintiffs must serve their actions promptly, and service issues must be addressed promptly and diligently.

  • Applies to
    Court ordered case management plan

    If service has not been effected by the date of the court-ordered case management plan, the plaintiff must serve each defendant a copy of the plan with the summons and complaint.

  • Applies to
    Complaint

    Service of the complaint is due 120 days after the complaint is filed.

Filing Timing

All 40
  • Expert-witness disclosure is due 160 days before trial.

  • The plaintiff must make the initial discovery disclosure within 60 days after service of the complaint or joinder.

  • Mediation must be completed 30 days before the pretrial conference.

Formatting

All 25
  • Composite exhibits must be satisfactorily marked and securely bound before presentation to the court.

  • Oversized exhibits may be used, but if practicable they must be reduced to 8½-by-11 inches, with the reduced copy retained by the clerk in the court file.

  • Format
    DOCX

    At docket sounding, counsel or parties must submit both a Microsoft Word electronic version and a printed copy of the jury instructions and verdict form.

About Judge Kyle Cohen
  • Position: Circuit Judge
  • Appointment: Appointed as a Circuit Court Judge to the 20th Judicial Circuit on May 28, 2020
  • Service start: Began his service on July 9, 2020
  • Assignment named in biography: Currently assigned to Unified Family Court in Collier County
  • Education: Attended law school at Georgetown University law Center and is a proud graduate of the University of Florida for undergrad
  • Prior position: Served as an Assistant United States Attorney in the civil division for the Middle District of Florida in the Fort Myers Office
  • Fraud recoveries: Amassed over $384 million in Federal False Claims Act recoveries
  • Prior position: Was an associate at Howrey in Washington D.C., in the Global Litigation, Commercial Trial, and Insurance Recovery practice groups
  • Position: Circuit Judge
  • Division: Lee County
  • Case assignment: General Civil - "L" (16.7%)
  • Case assignment: Guardianship - "M(4)" (16.7%)
  • Case assignment: Probate - "P(4)" (8.33%)
  • Judicial Assistant: Cheyanne
  • Phone: (239) 533-8244
  • Email: CPhillips@ca.cjis20.org
  • Mailing address: Lee County Justice Center, 1700 Monroe Street, Fort Myers, FL 33901
Common questions about Judge Kyle Cohen's rules

What formatting rules apply to filings before Judge Kyle Cohen?

Judge Kyle Cohen's formatting rule includes file format paper and include an exhibit list index. For a Zoom evidentiary hearing, counsel must submit a hard copy of the evidence to the judge at least 48 hours before the hearing in a tabbed binder with an Exhibit List Index.

View ruleSource: page 3, section Evidentiary Hearings set via Zoom

What must be included with notice of hearing filings before Judge Kyle Cohen?

A Notice of Hearing for a Zoom hearing must state that the hearing is via Zoom and include Judge Cohen’s Zoom Meeting ID.

View ruleSource: page 1, section HEARINGS

What must be included with discovery motion filings before Judge Kyle Cohen?

Discovery motions scheduled for a hearing of 15 minutes or longer before Magistrate Bernardo must contain a Certificate of Good Faith.

View ruleSource: page 2, section Motion to be heard by Magistrate Bernardo

How may parties contact Judge Kyle Cohen's chambers?

The rule lists email cphillips@ca.cjis20.org. Hearings requiring at least one hour must be scheduled directly with the Judicial Assistant by email at cphillips@ca.cjis20.org.

View ruleSource: page 2, section Extended Hearings

How do I request an adjournment or extension before Judge Kyle Cohen?

The request must include reason for request. A stipulation to continue trial does not automatically continue the trial; it must be set for a hearing before docket sounding and should state the reasons for the request.

View ruleSource: page 4, section Continuance

Is electronic filing required before Judge Kyle Cohen?

Yes. Electronic filing is required for the covered filings. A proposed order must be submitted through the court’s e-filing portal after the underlying motion appears on the Clerk’s docket.

View ruleSource: page 3, section Proposed Orders

When is a filing treated as filed before Judge Kyle Cohen?

The rule states a 4:00 p.m. filing cutoff. A cancellation notice received after 4:00 p.m. generally requires the parties to appear at the scheduled hearing unless the judicial assistant advises otherwise.

View ruleSource: page 4, section Cancellations

What rule applies to service for order of referral before Judge Kyle Cohen?

Details: method: service by email. An Order of Referral must be prepared, and mag-bernardohearings@ca.cjis20.org must be added to the Electronic Service List.

View ruleSource: page 2, section Motion to be heard by Magistrate Bernardo
Complete rules summary for Judge Kyle Cohen

Judge Cohen’s Judicial Assistant may be contacted by phone at (239) 533-8244 or by email at cphillips@ca.cjis20.org, with email preferred.

A Notice of Hearing for a Zoom hearing must state that the hearing is via Zoom and include Judge Cohen’s Zoom Meeting ID.

Every Notice of Hearing must include the JACS confirmation number.

Every Notice of Hearing must state the JACS confirmation number, motion title, filing date, hearing date and time, courtroom, and requested hearing duration.

Discovery motions scheduled for a hearing of 15 minutes or longer before Magistrate Bernardo must contain a Certificate of Good Faith.

An Order of Referral must be prepared, and mag-bernardohearings@ca.cjis20.org must be added to the Electronic Service List.

Hearings requiring at least one hour must be scheduled directly with the Judicial Assistant by email at cphillips@ca.cjis20.org.

An extended-hearing scheduling email must identify the pleading, its filing date, and the amount of hearing time requested.

Scheduling problems with JACS should be reported to the JACS administrator by email.

A proposed order must be submitted through the court’s e-filing portal after the underlying motion appears on the Clerk’s docket.

All orders must use Times New Roman font at 12-point size.

The proposed order’s document title must begin with the case number, and emergency or time-sensitive orders must include “Emergency or Urgent” before the case number using the specified format.

The drafting attorney must submit the proposed order in Word format with a cover letter stating that there are no objections.

The drafting attorney must provide proposed orders to opposing counsel with a reasonable time for approval or comment before submitting them to the court, and opposing counsel must promptly communicate objections.

For a Zoom evidentiary hearing, counsel must submit a hard copy of the evidence to the judge at least 48 hours before the hearing in a tabbed binder with an Exhibit List Index.

Anticipated case law for an in-person evidentiary hearing must be emailed to the judicial assistant at least 48 hours before the hearing.

The Agreed Case Management Plan must be submitted to the Civil Department in Word format.

The agreed pretrial conference order must be submitted through the court portal.

The pretrial order must use the updated or revised form available on the court website or it will be rejected.

A cancelled hearing requires filing a Notice of Cancellation with the clerk and emailing a copy to the judicial assistant no later than 4:00 p.m. on the business day before the hearing.

A stipulation to continue trial does not automatically continue the trial; it must be set for a hearing before docket sounding and should state the reasons for the request.

Parties must continue preparing for trial as scheduled unless the court enters an order granting a continuance.

An opposed motion to continue must include the moving party’s written consent and be coordinated for hearings through JACS.

A hearing longer than 60 minutes cannot be cancelled by the parties without a stipulation signed by both parties and filed with the clerk; a copy of the filed stipulation must then be emailed to the judicial assistant.

A user unable to log in to JACS must email the JACS administrator with the user’s bar number.

A cancellation notice received after 4:00 p.m. generally requires the parties to appear at the scheduled hearing unless the judicial assistant advises otherwise.

A hard copy of the evidence must be submitted to the judge at least 48 hours before a Zoom evidentiary hearing.

If counsel objects to an order or judgment, opposing counsel is to redline the order and then submit it to the judge, with a cover letter explaining who the drafter of the order is and who the redlines are from. Please do not submit competing orders unless directed by the Court.

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