RE: UNIFORM MOTION CALENDAR CIVIL DIVISION
In order to provide uniform procedures for handling various motions in the Civil Division of the Sixth Judicial Circuit, Pinellas County, it is
1. A Uniform Motion Calendar (UMC) is hereby established in Pinellas County for the Civil Division.
2. Each judge assigned to the Civil Division in Pinellas County shall conduct at least one UMC every week at a time and place designated by the judge, unless holidays, vacations, illness, judicial absence from the circuit or similar circumstances preclude such hearings.
3. Each UMC shall be conducted in accordance with the attached Procedures for Uniform Motion Calendar. The attached procedures may not be changed unless a majority of the judges assigned to the Civil Division in Pinellas County have agreed to the changes. All changes must be uniform and adopted by administrative order of the Chief Judge.
Administrative Order PI-CIR-97-34 is hereby rescinded.
DONE AND ORDERED in Chambers at St. Petersburg, Pinellas County, Florida, this 4th day of May, 1998.
/s/Susan F. Schaeffer
Susan F. Schaeffer, Chief Judge
1. It shall be the responsibility of the attorney or pro se litigant setting any UMC hearing to ascertain before sending notice that the judge will be available. This may be done by calling the judge's judicial assistant.
2. Hearings are limited to five (5) minutes per case.
3. Telephone hearings are permitted (See: Fla. R. Jud. Admin. 2.071).However, they must be scheduled with the judge's judicial assistant. The attorney and/or pro se litigant must be available during the total time scheduled for the day's UMC hearings. The judge will place the telephone call to the attorney and/or pro se litigant as the UMC permits or after the completion of all UMC hearings where the attorney and/or pro se litigant have appeared in person. Any long distance calls will be placed collect by the judge.
4. The attorney setting the hearing shall be responsible for bringing the court file to court at the time of the hearing. If the court file consists of multiple volumes, the attorney will bring only the volume(s) necessary for the hearing. If it is a telephone hearing or any hearing set by a pro se litigant, at least five (5) business days before the hearing the person setting the hearing must send to the judge copies of all appropriate pleadings, marked "Uniform Motion Calendar".
5. The attorney or pro se litigant setting the hearing shall notice opposing party in accordance with the applicable rules of procedure. At least five(5) business days before the hearing a copy of the notice of hearing, with the appropriate pleadings attached, shall be forwarded to the judge's judicial assistant, marked "Uniform Motion Calendar". Cancellation of UMC hearings does not require notification to the Court.
6. Hearings will be conducted on a "first come, first served" basis. Failure of one party to appear shall not prevent the party present when the case is called from proceeding with the hearing. If a party chooses to wait for his or her adversary, the case will be moved to the bottom position on the UMC.
7. The Court will direct an attorney, or in some cases the pro se litigant, to prepare an original proposed order. Within ten (10) working days of the hearing, proposed orders along with a cover letter indicating that the opposing counsel or pro se litigant does or does not approve of the order shall be mailed to the Court . If there are objections to the proposed order, the opposing counsel or pro se litigant must immediately submit his or her proposed order to the Court. Do not call the Court or send only a letter to object.
8. Anyone submitting a proposed order must also submit copies of the order for conforming, and self-addressed, stamped envelopes for use in mailing the conformed copies.
9. Before filing a motion to compel or motion for a protective order, counsel for the moving party shall confer with counsel for opposing party in a good-faith effort to resolve by agreement the issues raised. If the issues cannot be resolved between counsel, then counsel moving for an order compelling discovery or a protective order shall file with his/her motion a Certificate of Good-Faith. Both the motion and the certificate shall be filed of record before scheduling a hearing on the motion.
10. Each judge conducting the UMC retains the right to reschedule any matter that the judge considers too complex to handle on the UMC.