HONORABLE PAMELA
A.M. CAMPBELL
CIRCUIT JUDGE
FAMILY DIVISION, SECTION
23
Pinellas County
Courthouse
315 Court Street,
Room 484
727-464-3232
PRACTICE
PREFERENCES
1. COURTROOM DEMEANOR COMMENTS. PROFESSIONAL, PREPARED AND PROFESSIONAL. Administrative Order No. PA/PI-CIR-99-46: STANDARDS OF PROFESSIONAL COURTESY FOR THE SIXTH JUDICIAL CIRCUIT will be strictly enforced. Professionalism and courtesy is expected and always appreciated, at all times.
2. Hearings: Most hearings are held in the courtroom with one deputy present.
3. Deposition Disputes: Attempt an immediate telephone hearing otherwise, certify question and set hearing.
4. Uniform Motion Calendar: Contested or uncontested matters may be heard on the Uniform Motion Calendar (UMC), so long as the hearing does not take a TOTAL of more than five (5) minutes. UMC is established for Section 23 from 9:00 a.m. to 10:00 a.m. on Wednesday mornings, unless holidays, or similar circumstances prevent such hearings. It shall be the responsibility of the attorney setting any UMC hearing to call my JA, Teresa Muhlstadt, and clear a time. Upon confirmation, the scheduling attorney must provide my office with a copy of the Notice of Hearing for all motions, setting forth that it is a UMC hearing, AND a copy of the Motion to be heard (except for final hearings) at least five (5) days before the scheduled UMC hearing. Failure of any party to appear at 9:00 a.m. shall not prevent a party from proceeding with the hearing when the case is called.
EVIDENTIARY
MATTERS AND CONTEMPT MATTERS WILL
NOT
BE HEARD ON THE UMC.
Counsel setting the hearing shall notice opposing counsel in accordance with the applicable rules of procedure.
5. Telephonic Hearings: A telephone hearing will be permitted on non-evidentiary matters, as per Rule of Judicial Administration 2.071. Hearing by telephone MUST be set forth in the notice of hearing. The party filing the notice shall be responsible for getting each participant on the line BEFORE calling the Judge.
6. Proposed Orders: All proposed orders shall be submitted to the Judge with a cover letter stating that the opposing counsel has reviewed the order, agrees or objects to the form and entry of the order, OR that opposing counsel was given a time certain to object and no objection has been received. The attorneys may also bring a proposed Order to any hearing. Sufficient copies (one for each attorney and/or pro se and an original for the Court) shall be provided to the Court together with self-addressed, sufficiently stamped envelopes.
ORDERS that have “DONE AND ORDERED” with the
Judge’s signature line on one page by itself, WILL NOT BE SIGNED. Some part of the body of the Order shall
accompany the signature block.
7. Discovery Cut-Off: Generally, at pretrial, unless circumstances require an alternative period. This issue may be addressed on a case by case basis or by stipulation of the parties and the Judge’s approval.
8. Pretrial Statements/Conference: Utilize uniform pretrial statement form. Attorneys attending pretrial will be the attorney will who be attending the trial of the cause. No motions heard at pretrial conference without leave of Court. Prefer Pretrial Statements to be submitted to the Court at least three (3) days prior to the scheduled pretrial. Attendance of the parties is required, unless excused by the Court at least three (3) days PRIOR to the pretrial.
9. Motions in Limine: Short motions of five (5) minutes or less may be heard the morning of trial. Longer motions MUST be heard before trial at an appropriately scheduled hearing time.
10. Mediation: Mediation shall be attempted in all cases unless good cause is shown why mediation would not be appropriate. Trials will not be set until mediation is completed or waived by the Court.
11. Temporary Matters: Scheduling temporary matters (custody, support, alimony) any time AFTER filing with the proper five (5) day notice, in writing, to opposing counsel/party, shall first be mediated PRIOR to scheduling any hearings before the Court, except in emergency circumstances. Motions for Temporary issues on an emergency basis shall be handled as set forth in Paragraph 11, below.
12. Emergency Motions: Any Emergency and/or Expedited motions shall be faxed to the Court at (727) 464-5052, for the Court’s review and consideration. If the Court determines that a bona fide Emergency or need for an expedited hearing exists, then the Court will provide the motioning party with dates and times which shall be cleared/set accordingly. Note: Emergency matters involve matters in which the moving party will suffer irreparable harm if relief is not granted immediately. Opposing counsel/party is to be provided with Motion in same manner as the Court, unless lawful reasons for no notice is stated.
13.
Motions to Compel without Hearing: When a motion to compel alleges a complete
failure to respond or object to discovery, and there has been no request for
extension, an ex parte order may be entered requiring compliance with the
original discovery demand within ten (10) days of the signing of the
order. Movant shall submit the proposed
order, along with appropriate copies and envelopes.
14. Trials:
a. Set a realistic time for the trial.
b. Except in ruling on an objection, the Court should not declare that a witness is qualified as an expert or to render an expert opinion and counsel should not ask the Court to do so. (Standard 17, Civil Trial Practice Standards of the Section of Litigation of the American Bar Association (1998)). A judicial ruling that a proffered expert is “qualified” prior to the time that counsel has posed a precise question eliciting expert testimony is premature and, unless an objection is interposed, unnecessary.
c. When a settlement agreement is being introduced, have the party identify the original, even if it is in the Court file.
d. Introduction of Videotapes, trial graphics, depositions and demonstrative aids: All such evidence shall be marked and identified.
e. Marking Evidence: Evidence shall be exchanged prior to trial. All evidence is to be pre-marked in advance of its intended use by counsel. The Court will mark exhibits and index as they are received into evidence.
f. Showing Tangible Evidence: After showing the exhibit to opposing counsel, it may be shown to the witness without first showing it to the Judge. If the Judge requests to see an exhibit, counsel may hand it over directly to the Court, after requesting permission to approach.
g. Memoranda, Trial Briefs, Case Law, Proposed Findings of Fact and Law, Proposed Orders: Memoranda, trial briefs, case law and proposed orders, are not required, but if it will facilitate the trial, they are appreciated. They should be provided to the Court three (3) days prior to the trial date.
h. Attorney’s Fees: The issue of entitlement may be tried in the main action or at subsequent hearings. Issues regarding the amount of attorney’s fees shall be left for a subsequent hearing. Fee affidavits are sufficient in lieu of expert testimony if all parties agree to their use.
i. Motions for Rehearing, Reconsideration, New Trial, etc.: These motions will not be set for hearing. Please submit a copy of the motion to the Judge’s office for entry of an order. If the Judge feels a hearing is required, your office will be contacted.
15. If a Case Settles: Please call the Judge’s office as soon as it is determined that a case has settled. Cancel any and all upcoming hearings that may be scheduled, as well.
16. Setting Hearings: After you have obtained a hearing time, please call back to set on the Judge’s calendar. DO NOT JUST SEND A COPY OF THE NOTICE OF HEARING. For information that is of further assistance to the Court/JA when scheduling, see Appendix A.
17. Substitution of Counsel: Rule of Judicial Administration 2.060(h) requires that all substitutions of counsel MUST BE SIGNED BY THE CLIENT. Furthermore, ALL orders for substitution MUST CONTAIN THE NEW ADDRESS OF THE PETITIONER/RESPONDENT WHERE FUTURE PLEADINGS SHALL BE FORWARDED AND A WORKING TELEPHONE NUMBER.
18. Motions to Continue: All Motions to Continue MUST BE SIGNED BY THE CLIENT. When a Driver’s License is used to establish jurisdiction, please have a copy of the license available.
19. Testimony of Children: Testimony of children will be considered on a case by case basis pursuant to Rule 12.407, at least 30 (thirty) days prior to date of intended testimony.
APPENDIX A – INFORMATION TO SET HEARINGS
Email: tmuhlstadt@jud6.org (Teresa M. Muhlstadt,
JA)
Telephone: (727) 464-3232
Fax: (727) 464-5052
1.
Complete Case
number and names of parties.
2.
Is there a DVI
case that was filed in the case? If so,
what is that case number?
3.
Is the DOR
involved in the child support issues of the case?
4.
Complete names of
attorneys.
5.
Address and
telephone number of any pro se parties.
6.
How much time is
being requested?
7.
Are any of the
parties attending by phone?
8.
Is there anything
else scheduled for the case in the future?
9.
Once hearing
times are obtained from Teresa and cleared with opposing counsel, you MUST call
back and confirm the date and time BEFORE sending out notice of hearing.
10.
SEND A COPY OF
THE MOTION AND THE NOTICE OF HEARING TO TERESA AS SOON AS POSSIBLE.
Notice should include:
Hearing Date
Hearing Time
Duration of Hearing
Location: Room 484
A CC to the court reporter, if
ordered
The complete name of the
Motion being heard
11. Final Hearings for Dissolution of Marriage:
When calling to schedule a final hearing on dissolution
of marriage, the following information is necessary to convey to Teresa:
a)
Is there a marital settlement agreement or a
mediation agreement?
b)
Have the parties
filed current financial affidavits?
c)
If there are
minor children
i. is the parenting plan complete and/or filed?
ii. has a recent child support guidelines worksheet been
filed?
iii. have the parties attended the Parents, Children &
Divorce class?
12. Final Hearings on Post Judgment Issues
What issues
are being addressed post-judgment?
How much time is required for
both sides to present their cases?
13. Temporary Issues: Has the temp
issue been addressed in mediation? If
not, it needs to go to mediation first.