HONORABLE JOHN A. SCHAEFER
315 COURT ST, ROOM 413
727-464-3548
Judicial Practice Preferences
Circuit Civil
DEPOSITON DISPUTES:
If extremely critical, attempt an immediate telephone hearing. Otherwise, certify question and set hearing.
UNIFORM MOTION
CALENDAR:
1. A Uniform Motion Calendar is established for Section 21 from 9:00a.m. until 10:00a.m on Tuesdays and Thursday, on non-jury trial weeks, unless holidays, vacations, illness or similar circumstances prevent such hearings. It shall be the responsibility of the attorney setting any UMC hearing to ascertain that the judge will be available BEFORE sending notice. This may be done by calling 464-3548.
2. Hearings are held in the Judge’s Chambers in Room 413 and are limited to a total of five (5) minutes per case. Telephone hearings are permitted, but must be scheduled with the judicial assistant.
3. Mortgage foreclosures begin at 9:30a.m. It shall be the responsibility of the attorney setting a Motion for Summary Judgment in a foreclosure matter to ascertain available hearing times BEFORE sending notice. Default MUST be entered prior to setting hearing.
4. Counsel setting the hearing shall notice opposing counsel in accordance with the applicable rules of procedure. 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”, at least five (5) business days before the hearing. Cancellation of UMC hearings REQUIRES notification to the court.
5. Hearings will be conducted on a “first come, first served basis”. 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. If a party chooses to wait for his adversary, the case will be moved to the bottom position on the Judge’s Uniform Motion Calendar.
6. All proposed orders shall be submitted to the judge with a cover letter stating that opposing counsel agrees that the proposed order accurately reflects the court’s ruling, or that opposing counsel was given the opportunity to object to the proposed order, but did not. The attorneys may also bring a proposed order to the hearing.
7. Non-routine evidentiary matters shall NOT be heard on the Uniform Motion Calendar. Contempt matters, except failure to attend deposition, also shall not be heard.
8. Procedural matters shall not be heard unless counsel for the moving party certifies in the motion that a good faith effort has been made to contact opposing counsel to resolve by agreement the issues raised.
9. The judge retains the right to reschedule any matter that the judge considers too complex to handle on the Uniform Motion Calendar.
TELEPHONIC HEARINGS:
Telephonic hearings are permitted. Evidentiary matters will NOT be considered. Hearings 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. Attorneys may attend in person.
FAX POLICY:
Prefers all materials mailed to office. Contact the judicial assistant to obtain fax number for urgent matters.
PROPOSED ORDERS:
Proposed orders shall be submitted to the judge with a cover letter stating that opposing counsel agrees or objects to the proposed order or that opposing counsel was given the opportunity to object to the proposed order, but did not. The Court will NOT hold orders pending objections. Sufficient copies and stamped, addressed envelopes must be provided.
DISCOVERY CUT-OFF:
Generally at pretrial, unless circumstances require an alternate period. May be handled on a case by case basis or by stipulation of the parties with Judge’s approval.
PRE-TRIAL STATEMENTS:
Utilize uniform pretrial statement form. Attorney attending pretrial will be the attorney who will attend the trial of the cause. No motions heard at pretrial conference without leave of Court.
MOTIONS IN LIMINE:
Very short motions (5 minutes or less) may be heard the morning of trial. Longer motions must be heard before trial at a scheduled hearing.
TRIAL SCHEDULING:
Approximately 15 trials are set each trial week. The court generally tries the oldest cases first. When filing your motion for jury or non-jury trial, please submit a courtesy copy of your motion to the judge’s office. All juries are selected on the first day of the trial week. The court may try 2 or 3 trials in one week.
VOIR DIRE:
Attorneys will inquire of the entire jury panel seated in the gallery. A seating chart with jurors names will be provided. The court will initiate voir dire questions and then counsel will follow with their inquiry.
PEREMTORY CHALLENGES:
Generally 3 per party with total of plaintiff to match total of defense.
RESPONSE FROM COUNSEL
WHEN BAILIFF BRINGS JURY IN:
No preference. Counsel may stand if they wish.
COURTROOM TRIALS –
REQUEST PERMISSION FOR THE FOLLOWING:
To approach the bench.
No permission is necessary to approach the clerk or a witness with or for a document.
ATTORNEYS FEES:
The issue of entitlement may be tried in the main action or at a subsequent hearing. Issues regarding the amount of attorney fees shall be left for a subsequent hearing. Fee affidavits are sufficient in lieu of expert testimony if all parties agree to their use.
MARKING EVIDENCE TO
BE USED AT TRIAL:
Exchange evidence prior to trial. All evidence is to be pre-marked in advance of its intended use by counsel. The clerk will mark exhibits as they are received into evidence. Don’t waste trial time looking at evidence for first time.
SHOWING TANGIBLE
EVIDENCE TO THE COURT:
After showing the exhibit to opposing counsel it may be shown to a 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.
EXPERT WITNESS:
Except in ruling on an objection, the court should not, in the presence of the jury, 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. 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. Experts should be prepared at trial to answer questions regarding number of hours they have spent working on the file and hourly rate charged as of date of trial. Attorney calling expert is responsible to relay this requirement to expert.
MEDIATION:
Mediation is required unless unique case (ex-constitutional issue). Trials (jury or non-jury) will NOT be set until mediation is completed.
COURTROOM DEMEANOR
COMMENTS:
ADMINISTRATION ORDER NO. PA/PI-CIR-99-46: STANDARDS OF PROFESSIONAL COURTESY FOR THE SIXTH JUDICIAL CIRCUIT will be strictly enforced. No speaking objections. All argument to be directed to Court. Examine witnesses from the podium. Do not argue after Court rules.
OTHER PRACTICE AND
PROCEDURE POINTERS:
MOTIONS
FOR REHEARING AND RECONSIDERATION, ETC.
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.
EMERGENCY HEARINGS
Motions are to be submitted to the Court for determination of emergency status. If granted, a hearing will be set. Opposing counsel/party is to be provided with Motion in same manner as the Court, unless reasons for no notice stated.
If the judge is unavailable, the attorney should go to the Emergency/Duty judge regardless of whether or not the duty judge is assigned to the civil section.
Emergency matters involve matters where the moving party will suffer irreparable harm if relief is not granted immediately.
IF CASE SETTLES
Please call my office to cancel any hearings or trials that may be scheduled.
SETTING HEARINGS
After you have obtained hearing time please CALL BACK to set on my calendar. DO NOT just send in a notice.
SUBSTITUTION OF
COUNSEL
Rule of Judicial Administration 2.060(h) REQUIRES that all substitution of counsel be signed by the CLIENT.
CONTINUANCES
Must also be signed by the CLIENT. Stipulations to continue a trial must be set for hearing.
ORDERS
Orders should NOT have the “DONE AND ORDERED” and Judge’s signature standing alone on a separate page. Some part of the body of the Order should be included on signature page.
ENSURING PROPER
NOTICE
Ensure proper notice sent to all. Even with defaults, ensure all parties copied all the time with everything. NOTICE, NOTICE, NOTICE and opportunity to be heard are KEY concerns for every Judge.