Requirements and Information
March 23, 2023
Attorneys, including any attorneys covering hearings for counsel of record, must file a Notice of Appearance on any case in which they are filing pleadings, motions, etc. Covering Counsel must have a thorough knowledge of the case, be prepared to discuss it and have authority to make stipulations and admissions when appropriate as well as the ability to set future court hearings.
Please read if you do not have an attorney
The Judge must apply the same rules to all parties, regardless of whether you have an attorney. The Judge will not talk to you about your case outside of the courtroom. Your opportunity to speak to the Judge is only during your hearing. The Judicial Assistant may not help you with your case or send information to other parties or attorneys on your behalf. The Judicial Assistant may not “give the Judge a message” or answer your legal questions. Additionally, please do not ask the Judicial Assistant for the outcome of a hearing or verify that an order has been signed; you may review Sarasota Clerk’s online docket for details about your case. Please remember anything you file with the Clerk must be provided to opposing attorney or party.
The circuit’s Standards of Professionalism are available under the Attorney Info tab as well as on the Sarasota Bar Association website. The Court expects all attorneys who appear to know and adhere to these requirements.
The Clerk’s Office on the progress docket identifies a unique, sequential Document Identification Number [DIN] for each docket entry. Once assigned by the Clerk, the DIN does not change. Please also include the DIN when referencing any filing, especially on hearing notices. Use of the DIN will reduce the confusion as to which motion or version is to be utilized.
Unsolicited communication from non-parties will not be read by the Court.
Email Circuit Family Division 1. The subject line should contain the case number, name and relevant matter: 2010 DR 001234 SC – Doe v. Doe - 2 Hour Hearing Requested. All email shall comply with the rules regarding ex parte communications.
Pro Se litigants may only use the division email with the Court’s permission. Pro Se litigants must follow the Twelfth Judicial Circuit’s rules for pro se parties.
Email Circuit Family Division 1, the dedicated division email account. See sections Hearing Materials and Proposed Orders for more information.
Before contacting the judicial assistant about the status of a case or pending order, attorneys, attorneys' staff and pro se litigants, should consult the Sarasota Clerk’s online docket using Google’s Chrome browser.
Registered users of ClerkNet may receive automatic email notices whenever a new document is filed in a particular case.
All attorneys and pro se litigants are required to provide an email address to receive signed orders electronically. See Administrative Order 22-1.2 and Fla. R. Gen. Prac. & Jud. Admin. Rule 2.516. Attorneys and pro se litigants are encouraged to file the Designation of Current Mailing and Email Address located under Circuit Family Division 1 court approved forms.
All motions must be filed with the Clerk prior to reserving hearing time.
A Notice of Hearing must be filed immediately after reserving hearing time and must conform to the Twelfth Judicial Circuit’s Standards of Professionalism. Please reference the DIN number of the pending motion filed. Hearings are not permitted to be set unilaterally.
All hearings 60 minutes in length or less must be scheduled using the Court’s JACS. Cases not scheduled using JACS will not be heard. Do not schedule back-to-back slots to obtain more hearing time (i.e., two back-to-back 15-minute slots to obtain 30 minutes of hearing time). This includes motions made by both parties. One case number should not take up more than one hearing slot. Back-to-back hearings will be cancelled by the Court.
Please email the Court’s Judicial Assistant to schedule hearings requiring more than one hour. See “Requests for Hearing Time” for additional information.
If you reserve time in JACS that is designated as “in-person” and you are setting an Audio-Video Communication Technology (Zoom) hearing, please notify the judicial assistant upon reserving the time and filing the Notice of Hearing. The exception would be if the intent is to file a motion to convert to an Audio-Video Communication Technology (Zoom) hearing. See section Audio-Video Communication Technology for more procedures.
If time slots do not appear on the JACS drop-down menu for hearings 60 minutes or less in length, our calendar is booked. Please check JACS daily as timely cancellations will reopen and appear on the calendar.
To request hearing time from the Court, the following information must be included in the email:
The court always has alternative, unconventional hearing time options. See section “Requests for Hearing Time” for more information and include that you are interested in the alternative, unconventional hearing time options.
Once a motion has been set for hearing, additional motions may not be “cross-noticed,” “piggybacked,” or substituted during the time reserved for the original motion without the express consent of opposing counsel and the court. The scheduling party should be contacted for consent before seeking the court’s approval to add additional motions.
Nothing precludes the parties from stipulating that matters be determined based solely on written submissions (written motions and written responses with legal analysis). Any such stipulation must be signed by all parties, filed with the clerk, and copies of all paperwork to be submitted to our office for review.
You must cancel hearings using JACS. When the court’s judicial assistant has finalized the docket — approximately five days in advance of the hearing — JACS will not permit you to cancel the hearing. In that situation, please email the judicial assistant to cancel a hearing. Please indicate “Notice of Cancellation”, case number and case style in the subject line of the email (attach document). You also must immediately send notice of cancellation to opposing counsel or party, including the court.
Electronic copies of hearing materials should be sent to the Family Division 1 email. The Court will accept these documents in electronic format only if provided as a single PDF file and must be:
Proposed Orders/Final Judgments should be a separate attachment in Word Format.
If size limitations prevent the emailing of the PDF file as a single file, multiple files may be provided, or submit to the Court via a USB flash drive. If unable to send in PDF format, the Court would appreciate a paper copy of the motion, the directly relevant evidence (if applicable), only case law directly relevant and any responses filed by opposing parties.
Paper copies may be utilized only if the submitting party is unable to provide electronic copies.
The Court must receive all materials no later than three business days prior to the hearing. For larger hearings, the judicial assistant will provide a deadline at the time of setting. Please give opposing counsel — and the Court — the opportunity to be prepared to address your motion.
Audio-Video Communication Technology is technology that consists of electronic devices, system, applications, and platforms that permit all participants to hear, see, and speak to all other participants in real time. These devices should be stationary or “hands-free”, where all participants can be seen by the owner of the device on one screen.
The Court has the capability to offer Audio-Video Communication Technology (Zoom) for hearings. See Fla. R. Gen. Prac. & Jud. Admin., 2.530. The conference participants must have a stable internet connection, a device with a video camera and two-way microphone. Please review the Twelfth Circuit’s Public Access to Court Hearings page for access to the credentials and Court’s Guidelines for Zoom Video Appearances.
The following proceedings will take place via audio-video communication technology:
Hearings that require a Motion to Appear via Audio-Video Communication Technology:
If requesting a hearing be converted to Audio-Video Communication Technology (Zoom), a motion showing good cause must be filed. A copy of the Motion along with the Notice of Hearing as well as the original Motion scheduled to be heard must be served on all who are entitled notice of the proceeding, including the court. A Party may file an objection in writing to the use of communication technology within 10 days after service of the motion or within such other period as may be directed by the court.
A party waives objections by failing to timely object to the motion unless, before the date of the proceeding, the party establishes good cause for failure to timely object. The decision to authorize the use of communication technology over objection shall be in the discretion of the court.
The Court may allow testimony to be provided by Audio-Video Communication Technology (Zoom) if all parties consent and approved by the Court. If the parties do not stipulate, then, there shall be compliance with the requirements of Fla. R. Gen. Prac. & Jud. Admin., 2.530(b)(2). A stipulation between the attorneys and/or pro se litigants does not automatically grant the relief requested. If approved, the court will enter an order.
Chapter 63 must be strictly followed. Prior to scheduling a final hearing, the moving party must submit the following documentation to the court:
If all the documentation is complete, the court will enter an Order Authorizing Final Hearing reflecting the status of the file. If a final hearing is not authorized, the Court will enter an order reflecting the reason.
Pursuant to Administrative Order 2009-6.12, the judge who entered the Final Judgment in the TPR case must preside over the adoption. When scheduling an adoption in JACS, the adoption case number should appear in the main case number field and the TPR case number should be provided in the “Additional Info” filed.
No other entity can permit attendance of a child to a hearing other than the court’s office. See Rule 12.407, Florida Rules of Family Procedure. Child testimony is not permitted unless a Motion to Allow Child Testimony has been filed, set for hearing, and granted by court order.
Pursuant to Administrative Order 2010-22.2, § E(1)(d), “Motions to compel discovery shall quote in full each interrogatory, question on deposition, request for admission, or request for production to which the motion is addressed and the objection and grounds given by the opposing party.”
If a party believes there is a factual basis for setting an emergency or hardship hearing, a detailed, sworn and verified motion setting forth the following should be filed:
The original motion shall be filed with the clerk, and a copy hand-delivered or emailed to the court and a phone call placed to the judicial assistant advising of the motion. The judge will determine whether the issues qualify as an “emergency” under the prevailing case law or whether a hardship exists thus justifying the waiver of mediation or the setting of an expedited hearing. The court will prepare an order advising the parties how to proceed. The court may issue an order requesting the non-moving party to file a written response. Failure to follow the steps as outlined in this section will constitute a basis for denial of the motion.
The verification must be in the following form:
State of Florida County of Sarasota
Before me, the undersigned authority, personally appeared, ____________________ who is personally known to me or produced valid identification and after being duly sworn deposes and says:
I have reviewed the foregoing facts listed in the Emergency and/or hardship Motion and find the same to be true and correct and I understand that I am swearing or affirming under oath as to the truthfulness of each and every claim made in this Motion and that the punishment for knowingly making a false statement includes fines and/or imprisonment.
FURTHER AFFIANT SAYETH NOT.
_____________________(name of movant)
SWORN TO AND SUBSCRIBED before me this _____ day of _____________, by _________________ who is personally know to me or who produced ________ as identification and who did take an oath.
________________________ Notary Public
My Commission Expires:
Any case where a Final Hearing is set, the Final Hearing Checklist located under Circuit Family Division 1 court approved forms, must be attached to the Notice of Hearing.
Attorneys are responsible for ensuring their clients have completed and filed all mandatory paperwork with the clerk prior to a final hearing being scheduled in JACS. If any documents are missing, the final hearing will be cancelled.
If a party is defaulted, counsel shall set a Case Management Conference (CMC) to discuss the setting of a final hearing/trial. See section “Trials & Case Management Conferences” for more information.
All hearings related to injunctions must be scheduled through the judicial assistant and set on the court’s dedicated injunction day. Any injunction-related proceedings scheduled using JACS will be cancelled by the court.
If an attorney represents a Petitioner or Respondent and is aware that an evidentiary hearing will be requested on the date set forth in the Temporary Injunction, that attorney must contact the judicial assistant as soon as practicable for the court to set aside sufficient time for a contested evidentiary hearing. Contested evidentiary hearings may be reset to the afternoon or a date and time on a future dedicated injunction day.
The court does not modify injunctions by written stipulation alone. All modifications must be addressed on the digital record at a hearing with the parties present.
The responsibility for scheduling an interpreter rest solely with the person in need of interpreting services. The court does not automatically schedule interpreters. Interpretation services can be requested by telephone, email, or submission of the online request form. Each court event must be scheduled separately with the interpreter’s office. Requests for court interpreters should be made at least five (5) business days in advance of the scheduled court event. Requests made less than five (5) business days’ notice may not be accommodated. In cases where interpreting services are required for languages other than Spanish, additional time may be necessary to arrange for a qualified interpreter or a telephonic interpreting service may be used.
See Fla. R. Gen. Prac. & Jud. Admin. 2.420; In re Amendments to Florida Rule of Judicial Administration 2.420-Sealing of Court Records and Dockets, 954 So. 2d 16 (Fla. 2007); and A.O. No. 2007-12.2.
The court will not approve parenting plans, even if agreed to, on paternity/time sharing cases unless there is an Order Establishing Paternity and child support is addressed. Upon submission of documents to the court, please submit a copy of the Order Establishing Paternity.
A parenting course will be required in all cases involving minor children. The law mandates time frames within which parents must complete a DCF-approved Parent Education and Family Stabilization Course. Attorneys are responsible for ensuring their clients have completed the course and that the Certificate of Completion is filed with the clerk prior to a final hearing. If a party has not completed the course, the final hearing may be cancelled.
The court will only allow a parent to complete a DCF-approved course through correspondence or online when that parent lives in a jurisdiction where an in-person course is not offered or extreme hardship exists.
The court requires the use of the approved Twelfth Circuit Parenting Plans. The court asks that the sections contained in the plans not being utilized are left blank; not deleted or modified. Parenting Plans that do not meet all minimum statutory requirements will not be accepted.
When a Motion for Relocation is filed, counsel must simultaneously provide a copy to the court as well as a written notice to set the matter for a hearing on the Petition.
Do not set Motions for Rehearing or Reconsideration for hearing through JACS, instead send them to the court with a cover letter. The court will decide whether to hold a hearing. A delay in submitting the motion directly to the Court, may limit date options available for the parties to choose from.
Petitions and motions that by law must be served upon the Judge (e.g., writs, appeals, recusal motions), must be either emailed to the court’s judicial assistant or hand delivered to the court deputy station on the 1st floor. Additionally, please call the judicial assistant to advise of the service.
No final judgment of dissolution of marriage may be entered until at least 20 days have elapsed from the date of filing the original petition for dissolution of marriage; but the court, on a showing that injustice would result from this delay, may enter a final judgment of dissolution of marriage at an earlier date.
Whenever a case settles, the parties shall immediately provide written notice to the court’s judicial assistant. Absent compelling circumstances, the court will cancel all future hearings and administratively close the case pending final settlement. One must file a Voluntary Dismissal, submit a proposed order of dismissal or final judgment, or take some other action to lawfully end the case.
If you wish to have a status conference on a case, please file a motion. If all parties agree that a status conference is needed, the judicial assistant may be emailed without filing a motion.
All temporary issues/matters must be mediated prior to any court hearing, unless excused by court order. If mediation is unsuccessful, the parties are to set the matter for hearing before the magistrate.
If you are withdrawing/substituting as attorney, please use the appropriate downloadable Order Granting Substitution/Withdrawal of Attorney, located under court approved forms. If neither form accomplishes what you need, please track the language regarding the clerk deactivating the attorney within the Case Management System and include in the title of the order the directive to the clerk to update the Case Management System. Without this language, the Case Management System will show you as attorney of record. No hearing is needed if you file and submit client consent to the court with the motion and proposed order. Otherwise, you must notice the motion for hearing and include the client on the certificate of service.
The court allows counsel to file Special Interrogatories in lieu of an uncontested final hearing for a dissolution of marriage. Counsel must use the court-approved Special Interrogatories and Checklist form located on the court approved forms. Review Section Fl. Stat. §61.19 for details regarding the final judgment.
When submitting your packet, you must email to the Family Division 1 account the original Special Interrogatories; Special Interrogatories Checklist; proposed Final Judgment; MSA and Parenting Plan.
In the cover letter, counsel must identify if the MSA and Parenting Plan should be attached or if they referenced the appropriate DINs within the body of the proposed Final Judgment.
The Court will not sign the Final Judgment without clear evidence of agreement or consent by all parties or counsel’s affirmation that opposing counsel has approved the form and content of the Judgment.
The judicial assistant will maintain compliance with Administrative Order 22-1.2 once the Special Interrogatories are approved, however, review the “Proposed Orders” section to make sure all other proposed order procedures are met, including detailed service information.
If any of the items are missing in the packet the court will return it to the sender.
When submitting your packet by mail, you must include the original Special Interrogatories; Special Interrogatories checklist; proposed Final Judgment (3 copies); MSA (3 copies); parenting plan (3 copies); and pre-paid stamped envelopes must be mailed to the Court. Please make sure the return envelopes are large enough to contain the Final Judgment, MSA and Parenting Plan. All documents will be attached to the Final Judgment, due to the court’s inability to modify the proposed final judgment.
If the final judgment needs substantial changes, the packet will be returned. If any of the items are missing in the packet the court will return it to the sender. If the envelopes are not large enough to send back all copies, the copies will be shredded and only originals will be returned.
The court will not sign an Order/Judgment without clear evidence of agreement or consent by all parties or counsel’s affirmation that opposing counsel has approved the form and content of the Order/Judgment.
The court does not allow litigation by letter or email. If the parties cannot agree on an issue, the appropriate motion should be filed and set for hearing.
Do not submit a proposed order until all parties have reviewed and approved the proposed order. The court generally uses 12-point Times New Roman font with one-inch margins when drafting proposed Orders.
All attorneys and pro se litigants are required to provide an email address to receive signed orders electronically. See Administrative Order 22-1.2 and Fla. R. Gen. Prac. & Jud. Admin. Rule 2.516. Attorneys and pro se litigants are encouraged to file the Designation of Current Mailing and Email Address located under court approved forms. It is the responsibility of the attorneys and pro se litigants to update their contact information with the clerk any time there is a change. If a party does not have an email address, electronic submission and service will not be authorized.
The court utilizes a number of standard orders, which are available for your use and download from the Family Division page. Check this site often as the court adds new or modifies existing proposed orders from time to time.
In compliance with a directive from the Chief Justice of Florida, this Circuit is moving to acceptance of proposed orders through the ePortal, not through email. See Administrative Order 22-1.2, entered January 14, 2022, for details and specific requirements.
Effectively immediately, all proposed orders submitted by attorneys in Family Division 1 must be submitted in compliance with Administrative Order 22-1.2 through the ePortal directly to the assigned Judge, and not filed on the “Progress Docket”. All proposed orders must be in Word Format only. All proposed orders must be accompanied by a cover letter that is also submitted though the ePortal in PDF/A format. The submitting attorney must ensure all parties/attorneys receive a courtesy copy of both the proposed order (Word format) and cover letter (PDF/A) prior to submission.
If an order is submitted electronically, the judicial assistant will serve the Order on the parties via email. The certificate of service must be complete and include the email addresses for all recipients. If additional U.S. mail copies need to be served, please modify the certificate of service accordingly for the movant to complete such actions.
The only exceptions for submitting a proposed order through ePortal are as follows and should be submitted to Family Division 1.
If an order is submitted in paper format, you must also submit preaddressed envelopes with sufficient postage and conforming copies for all parties to receive a service copy. If the necessary copies and/or envelopes are not included, the parties will be required to retrieve copies from the clerk. Please assume the court will add several pages when determining postage amount for any non-routine orders.
The court expects that you will only submit a proposed order when all attorneys or parties agree on the form. If the agreement is not evident in the motion and proposed order, the party must submit documentation.
If there is a disagreement on the form, or an attorney does not respond within a reasonable period of time, you may then send the proposed order with a concise statement identifying the disagreement and the steps you took. The opposing attorney may submit at the same time an alternate proposed order. Please do not email a directive such as “hold this proposed order for x days for an objection to be lodged.”
The court attempts to rule from the bench when appropriate. If the court takes a matter under advisement, the court tries to rule as quickly as possible under the then current circumstances. Do not call to ask about the status of the order. If four (4) weeks have elapsed without a ruling, the movant may email the judicial assistant to advise the matter has been under advisement for four (4) weeks. The four (4) weeks begins upon the court’s receipt of the last post-hearing submission (e.g., transcripts, supplemental briefs, legal authority, proposed orders).
Following a hearing, the court may ask the prevailing party to submit a proposed order. Do not submit a proposed order until all parties have reviewed and approved the proposed order. In some cases, the court will ask each party to submit a proposed order. Make sure to abide by any deadlines that the court gives, and all parties are copied. The court does not allow the hearing/motion to be reargued through email. If there are still outstanding issues, the court will give instruction on how to proceed and possibly set an additional hearing.
With limited exceptions, mediation is required in all cases for all issues before scheduling any hearing before the court or magistrate/Non-Title IV-D hearing officer.
The court recognizes that exigent circumstances may exist that require an expedited hearing. If a party believes there is a good faith, factual basis for a hearing without prior mediation, that party shall file a detailed, sworn motion that includes the following information:
Upon receipt, the court will review the written motion and, if appropriate, set a short deadline for the opposing side to respond in writing. The court will also determine whether mediation may be waived by court order due to exigent circumstances.
The following hearings may be scheduled without prior mediation:
Parties do not need to submit a motion for referral however they must submit an Order of Referral to Mediation using the approved form available on the Circuit’s website. Pursuant to Amended Administrative Order 2011-2.2, both parties must have current financial affidavits on file before submitting an Order of Referral to Mediation so that the court can verify the parties qualify for the Family Mediation Program and to determine the appropriate fee.
Pursuant to Fla.Fam.L.R.P. 12.285, Mandatory Disclosure, subsection (e)(1) (in part), if a Supplemental Petition has been filed, both parties must file new Financial Affidavits, regardless of how recently Financial Affidavits were last filed. Pursuant to subsection (f), both parties have an on-going duty to supplement their Financial Affidavits whenever there is a material change to their financial status.
Unless an Objection is filed, the following issues must be referred to Magistrate Hunt. The scheduling attorney should submit a Family Division “Order of Referral to Magistrate” setting forth the issue(s). A motion is not required. Visit Magistrate Hunt’s Biography page for requirements.
All temporary issues (except hardship or emergency motions that the court has agreed to allow the magistrate to hear on an expedited basis).
When submitting a Motion to Vacate the Report and Recommendation of the Magistrate, the original motion should be filed with the clerk and a copy furnished directly to the court and to the magistrate. A delay in submitting the motion directly to the court and to the magistrate, may limit the time needed to obtain transcripts and set the hearing.
The court will enter an Order for Transcript giving the movant a deadline for obtaining a transcript and setting the Motion to Vacate for hearing. Motion to Vacate hearings are non-evidentiary and like an appeal. The hearing may not be set for more than 30 minutes (15 minutes per side) without prior approval of the court.
Mediation must be completed, and a Mediation Report be filed with the clerk before counsel can submit a Notice for Trial.
The Notice for Trial must comply with Family Law Rule 12.440 and describe:
The original should be filed with the clerk and a copy provided to the court. The only exception to avoid a Notice for Trial is if a fully executed Marital Settlement Agreement (MSA) has been filed.
Within 30 days of filing a Notice of Trial, the Petitioner shall review the pre-determined Case Management Conference (CMC) dates available on the website with opposing parties. After selecting a date, the Petitioner shall fill out the Family 1 CMC form order located under the court approved forms, and submit to the court for review.
The Court conducts two general types of CMCs:
Any party may request a CMC. The Court strongly encourages the early use of CMC in more complex cases, multiple party litigation, or any case that might benefit from court intervention. Unless excused by the court in advance, all CMCs are mandatory for attorneys and pro se litigants. Clients are not required to appear at CMC.
If the parties submit an accurate and completed Trial Order, located under the court approved forms, to the court at least two (2) business days prior to the CMC, then the parties are excused. Parties are not excused until a confirmation email is sent by the judicial assistant.
Failure to attend the Case Management Conference could result in the court dismissing the action, striking the pleadings, limiting proof or witnesses, or taking other appropriate action. See Fla. R. Civ. P. 1.200(c)
Trials will be scheduled on a one-week trial docket with a Pretrial Scheduling Conference a week or two before the trial week.
The parties are strongly encouraged to review the Trial Order and the deadlines set out within. Parties are to confer at least seven (7) days prior to Pre-Trial Conference (PTC) to complete the required documents to tender to the court as identified in the Order.
General issues will be discussed and exhibits will be reviewed for discussions regarding stipulations regarding admissibility. All known motions/disputes (including any unresolved objections in deposition/video testimony) shall have been heard prior to the PTC or will be deemed waived. Absent a showing of good cause, the date/time will not be changed. Matters which have been settled may be set for final hearing at that time upon prior approval of the court.
This court adheres strictly to Fla. R. Gen. Prac. & Jud. Admin. 2.545(e) and Rule of Family Procedure 12.460. A stipulation to continue a trial does not automatically continue a trial. A trial may only be continued by court order. All deadlines remain intact until a court order is entered. Accordingly, motions for continuance and stipulations must be in writing and set forth:
If the parties settle after being scheduled for trial, Petitioner’s counsel shall immediately notify the court in writing and copy to opposing counsel/party. Settlements may be noticed for final hearing at the PTC with copy of the notice being provided to the court. The Court will take those parties last.
If the parties settle after PTC, the parties must notify the court’s judicial assistant. Additionally, all final hearings, stipulations and final judgments must be held and entered by the court before or during the trial period. Be prepared to hold the final hearing morning of trial, unless indicated otherwise by the court.