HONORABLE WALT
LOGAN
(January 2008)
Judicial
Practice Preferences
(Family Law Section 24)
COURTESY COPIES OF MOTIONS:
The Court would appreciate courtesy copies of Motions to be presented to the Court at the start of the hearing. Originals of pleadings and motions should not be filed with the Court. Those items are properly filed with the Clerk’s Office. Copies provided to the Court will be presumed to be courtesy copies and will be discarded once the Court has ruled on the matter.
DEPOSITION DISPUTES:
Certify question and set hearing.
TELEPHONIC HEARINGS:
Telephone hearings will be permitted on non-evidentiary matters, as per Rule of Jud. Adm. 2.071. Hearing by telephone MUST be set forth in the Notice of Hearing. Telephone hearings limited to 15 minutes.
MOTIONS TO COMPEL – Local Rule 5(c)(2) format:
“…The Motion shall quote in full each interrogatory, question on deposition, request for admission or request for production to which the motion is addressed and the objection and grounds therefore as stated by the opposing party…” See Local Rules for more information.
FAX POLICY:
Prefers all materials mailed to the office. The fax machine is for emergency matters only and limited to FIVE pages. (fax 727-582-7260) The Judge generally does not read material the opposing side has not had an opportunity to read and lodge appropriate objections.
PROPOSED ORDERS:
Pursuant to Amd. Order #PA/PI-CIR-2007-006: STANDARDS OF PROFESSIONAL COURTESY FOR THE SIXTH JUDICIAL CIRCUIT, H(3), 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.
(If only the original is submitted there will be no copies provided.)
If the parties cannot agree on a proposed Order each side should submit their own proposed Order with a cover letter so stating.
COURTROOM DEMEANOR:
Adm. Order #PA/PI-CIR-2007-006: STANDARDS OF PROFESSIONAL COURTESY FOR THE SIXTH JUDICIAL CIRCUIT will be strictly enforced. Professionalism and courtesy is expected and always appreciated. Do not “thank the Court” for a ruling.
Show a document, exhibit, or item of evidence to opposing counsel/pro se litigant before showing it to the Court or witness. No attorney or pro se litigant should see any document for the first time at a hearing.
COURT REPORTERS:
The Court provides a Reporter for all contempt hearings if incarceration is pled or will be requested and all domestic violence type return hearings.
If a party requests a Court Reporter please visit www.jud6.org for a list of certified Court Reporters.
PRETRIAL STATEMENTS/CONFERENCES:
Pretrial conferences are required in cases with a Final Hearing of over two (2) hours. They may be held in cases in which the Final Hearing will be less than (2) hours if requested by either party or required by the Court.
At the pretrial conference the Court will schedule the Final Hearing. The attorneys should bring their calendars or have access to their calendar. Please read and comply with the detailed Pretrial Order.
EVIDENCE:
Evidence should be copied and exchanged prior to trial.
All evidence should be pre-marked by counsel.
ATTORNEYS FEES:
The Court prefers issues regarding entitlement and the amount of attorney fees
to be left for a subsequent hearing. Fee affidavits are sufficient in lieu of expert testimony if all parties
agree to their use. All Final Judgments
must meet requirement of Florida Patients’ Compensation Funds v. Rowe,
472 So.2d 1145 (
MEDIATION:
Pursuant to Administrative Order 2006-062PI-CIR all initial hearings on temporary relief matters in original petitions shall be automatically referred to mediation prior to a hearing on the matter. In addition, all post-judgment matters shall be automatically referred to mediation prior to a hearing. Once mediation is scheduled a hearing may be set on the Court’s calendar.
The Court is concerned that mediation does not add additional unnecessary time or delay in the implementation of a support Order. If unnecessary delay is being experienced counsel may seek relief from this requirement.
FINAL HEARINGS:
If there is no MSA or Waiver of the 30 days then pursuant to the Rules a Motion and Order is necessary.
TESTIMONY OF CHILDREN:
Testimony of children is not permitted unless the Court grants permission after a Court hearing on a Motion to Allow Child Testimony. The Court will not automatically honor stipulations for a child to testify in Court. Do not bring children to contested hearings without prior approval.
OTHER PRACTICE AND PROCEDURE POINTERS:
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. The moving party shall submit the proposed order, along with appropriate orders and envelopes. No sanctions will be awarded without a hearing.
MOTIONS FOR REHEARING, RECONSIDERATION, NEW TRIAL, 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 an emergency status. If granted, a hearing will be set.
If the Judge is unavailable, the attorney should contact the Duty Judge regardless of whether or not the Duty Judge is assigned to the family section.
Testimony is to be by affidavit. Testimony in addition to the affidavit filed will be allowed only if necessary.
Emergency matters involve matters where the moving party will suffer irreparable harm if relief is not granted immediately.
IF CASE SETTLES: Please call to cancel any hearings, pretrials or trials that may be scheduled. The mere filing of a Stipulation of Dismissal is not adequate notice to the Court of settlement of a case that has been set for trial. Telephone notice followed by written confirmation to the Court is appropriate.
SETTING HEARINGS: After you have obtained hearing time you MUST call back to confirm. DO NOT JUST SEND IN A NOTICE. All hearings MUST be coordinated with opposing counsel.
Walt Logan,
Circuit Judge
545 1st Avenue North
Rm. 402,
Courtroom C
St. Petersburg,