1) DEPOSITION DISPUTES
The Family Rules of Procedure do not allow for a lawyer to instruct a deposition witness not to answer except for matters involving privilege. A lawyer must also not make an objection so as to suggest an answer to the deponents. If there are problems during a deposition, call my office and I will attempt to resolve the problem on the telephone. Otherwise, schedule a hearing. Parties are reminded that the Rules provide that the non-prevailing party normally pays fees and costs for the bringing of such a motion.

2) UNIFORM MOTION CALENDAR
This calendar is limited to five minutes total time per case. Uniform motion calendar is designed for matters the court does not need to prepare in advance. Thus, the files are not reviewed prior to UMC. I prefer to hear uncontested dissolutions, motions to withdraw and other short matters on this calendar.

3) TELEPHONIC HEARINGS
The court has no objections to telephone hearings for short matters so long as you make arrangements in advance with my judicial assistant. Be mindful to speak briefly so as to give the opportunity to others to speak. Properly noticed UMC hearings and motion hearings (without testimony) lend themselves to telephone hearings.

4) PROPOSED ORDERS
The court will ask one party or the other to prepare an order. Do not submit orders to the court until they have been submitted to the opposing sides. If there are disagreements over a proposed order, try to work them out before involving further court intervention. If there are still disagreements on the form of the order, each side should submit a proposed order with an extra copy showing what portions are in disagreement.

5) DISCOVERY CUT-OFF
“Cut-off” means exactly what it says. If the parties agree to go beyond the court-ordered cut-off date, they do so at their own peril, probably without court assistance if problems arise.

6) PRE-TRIAL STATEMENTS
Need to be accurately prepared and timely exchanged for the court to conduct a meaningful pretrial conference.

7) MOTIONS IN LIMINE
Must be filed no later than pretrial conference. Disposition of the motion will be discussed at pretrial.

8) SCHEDULING OF TEMPORARY MATTERS
Please schedule sufficient times for both sides to be adequately heard. Normally, mediation is required prior to a temporary hearing. However, no one will be allowed to starve a family pending mediation. Thus, if there is a true emergency, file a sworn emergency motion in accordance with paragraph 11.

9) TIME BEFORE TEMPORARY MATTER MAY BE SCHEDULED:
We require temporary matters to first go to mediation. However, we will hear temporary support without mediation if mediation is delayed for more than 30 days.

10) PRETRIAL CONFERENCES
The attorney conducting the trial must attend the pretrial conference in person, not by telephone. Familiarity with the file and the pretrial conference statement and proposed order is essential for a meaningful pretrial conference. Parties must also attend family law pretrials. It is assumed at pretrial the case is ready to be tried and discovery is completed. The non-jury trial will be scheduled at pretrial. Attorneys should bring their calendars to pretrial.

11) EMERGENCY HEARINGS
An emergency is loosely defined as the necessity for the protection of the life, health or safety of an individual. If there are adequate remedies at law, rarely will a matter arise to the definition of an emergency. However, a request for an emergency hearing must be via a sworn motion signed by the party and a certificate of good faith signed by the attorney. Fax a copy to the opposing party and the judicial assistant. Unsworn and unsigned motions will not be reviewed. The court will determine if the facts warrant an expedited/emergency hearing.

12) TRIAL
Documentary evidence should be pre-marked and exchanged immediately prior to trial to avoid technical delays.

13) ATTORNEY’S FEES
Prior to any attorney’s fee hearing, the attorneys should exchange affidavits outlining the reasonable number of hours requested and the reasonable hourly fee. They should also make arrangements to meet prior to the hearing to discuss resolution and allow each other to talk with opposing experts. Be prepared to have fee matters referred to mediation.

14) TESTIMONY OF CHILDREN
Rarely for younger children but occasionally for teenagers. Testimony of children is subject to Rule 12.407, Family Rules of Procedure.

15) ALTERNATIVE DISPUTE
Rarely will a trial be scheduled until the parties impasse at mediation, non-binding arbitration or some other form of alternative dispute resolution.

16) COURTROOM DEMEANOR
Professionalism is greatly appreciated.

17) OTHER PRACTICE AND PROCEDURE POINTERS
Please remember the court has a pending caseload of more than 800 cases.

Please identify yourself and tell the judge you represent the petitioner/husband or wife or respondent/husband or wife. The party’s name doesn’t tell the judge who goes first, etc.

Please keep your advocacy succinct, relevant and professional.

Help the court find a reasonable cost-effective and lawful resolution to the dispute.

All lawyers are expected to read and follow the Florida Bar Family Section “Bounds of Advocacy” that can be found at www.familylawfla.org.