Family Division

Overview

Due to recent directives and clarifications from the Florida Supreme Court and the Chief Judge of the 12th Judicial Circuit, which are outlined, in part, below:

1. All trials, evidentiary hearings and non-evidentiary hearings lasting longer than 15 minutes would be presumed to be in person;
2. All non-evidentiary hearings, lasting 15 minutes or less, may be via Zoom upon agreement of the parties and proper notice, in advance, to all (including the JA – so she can make sure a Zoom Hearing event is open for that day/week);  Most believe CMC and Scheduling Conferences should remain on Zoom for ease to all parties/attorneys.
3. If a party seeks an exception to the “in person” presumption on longer hearings, and the parties agree, the judge should work to accommodate the matter via Zoom whenever possible (per the A.O.).  If there is a disagreement  - a hearing should be scheduled with the assigned judge or magistrate, in advance, who would rely on Chief Judge’s latest A.O. to enter the proper ruling on a case-by-case basis.
4. Participants may request to be socially distanced and if requested, the court will address such requests as appropriate under the circumstances at the time of the request.
5. All Notices of Hearing should be amended to reflect the manner in which the hearing will be conducted, to include any request for a Hybrid Hearing.  Any request for hybrid hearings should be made to the JA no less than 72 hours prior to the hearing, in order to advise if the request can be accommodated

Overview

As of June 21, 2021, the Chief Justice of the Florida Supreme Court, Charles Canady, removed all requirements of social distancing and mandatory face coverings as well as eliminating the requirement that most hearings be conducted remotely. On July 29, 2021, however, Chief Justice Charles Canady issued Administrative Order No. AOSC21-17, Amendment 1, which provides, among other things, that “[p]articipants who have the capability of participating by electronic means in remote appellate or trial court proceedings must do so.” (Emphasis added). In addition, the Chief Judge of the Twelfth Judicial Circuit, the Honorable Charles Roberts, has encouraged all judges and magistrates of the Twelfth Judicial Circuit to limit the number of in-person proceedings and to conduct as many hearings as possible using remote technology as a result of the recent surge in COVID-19 cases in the Twelfth Judicial Circuit, and the State of Florida. Accordingly, Magistrate David Caskey’s judicial requirements are hereby amended as follows:

Trials And Evidentiary Hearings

Effective August 31, 2021, all trials and evidentiary hearings will be conducted remotely via Zoom, in accordance with Magistrate Caskey’s procedures and requirements for Zoom hearings which have been posted on the Twelfth Judicial Circuit’s website since May of 2020. All of those rules, procedures, and requirements shall remain in effect until amended by the Magistrate’s office. The log in credentials for all of Magistrate Caskey’s Zoom dockets are also posted on the Twelfth Judicial Circuit’s website for the parties’ convenience. All notices scheduling hearings to be conducted before the Magistrate on or after August 31, 2021, must include the appropriate Zoom log in credentials. If a hearing has already been noticed to take place before the Magistrate in person on or after August 31, 2021, the party who filed the notice scheduling that hearing must immediately amend the notice of hearing to reflect that the hearing will be conducted via Zoom

Non-Evidentiary Hearings

Case Management Conferences and other non-evidentiary hearings, such as hearings directed at the pleadings and motions to compel discovery, will continue to be conducted exclusively via Zoom, in the interest of making these hearings more convenient and less costly for the parties.

Overview

1. Non-Evidentiary Hearings (scheduled for less than 30 minutes) may be held via Zoom.
2. Case Management Conferences (CMC) will remain on Zoom.
3. Pre-Trial Conferences (PTC) will remain on Zoom.
4. If you would like to be in person please schedule your hearing on Wednesdays or Thursdays, and notify the JA.
5. Pro Se Docket will be held via zoom.
6. All Notices of Hearing should reflect the manner in which the hearing will be conducted.
7. Hybrid hearings should be requested through the JA.