JUDICIAL PRACTICE PREFERENCES

CIVIL SECTION 7

Patricia A. Muscarella, Circuit Judge

315 Court Street, Room 410 Clearwater, FL 33756

Jodie Padoll, Judicial Assistant

727-464-3263 section7@jud6.org

2020 JURY TRIAL WEEKS

January 13, February 10, March 16, April 20, May 18, June 15, July 13, August 17,

September 14, October 12, November 16, December 14

2021 JURY TRIAL WEEKS

January 11, February 8, March 8, April 12, May 10, June 7, July 12, August 9, September 20, October 11, November 1, December 6

Jury selection is on the first Monday of the jury trial docket.

CIVIL DIVISION SECTION 7 PRACTICE PREFERENCES - UPDATED 6/22/20

Effective immediately, and until further notice, all proceedings in Civil Section 7 will be done via teleconference or ZOOM - including evidentiary hearings. ALL DOCUMENTS TO BE CONSIDERED MUST BE RECEIVED BY THE JUDGE’S OFFICE VIA US MAIL AT LEAST 5 BUSINESS DAYS PRIOR TO THE SCHEDULED HEARING.

HELP FOR PARTIES WITHOUT ATTORNEYS

The Judicial Assistant CANNOT answer legal questions, or “explain” things to the Judge. Your opportunity to speak to the Judge happens in Court only. The Clerk of the Court has a Self Help Program for self-represented litigants in the Pinellas County Courthouse in Clearwater. Gulfcoast Legal Services can be reached in Clearwater (727) 443-0657 or St. Petersburg (727) 821-0726. Bay Area Legal Services is available at 1-(800)-625-2257. Lawyer referral services of the Clearwater and St. Petersburg Bar Associations are at (727) 461-4880 and (727) 821-5450 respectively. Counsel are encouraged to acquaint themselves with the Standards of Professional Courtesy for the Sixth Judicial Circuit ADMINISTRATIVE ORDER 2015-052 and the Sixth Judicial Circuit Local Rules.

TELEPHONIC HEARINGS:

Unless otherwise approved by the Court, non-evidentiary hearings will be telephonic. Generally, telephonic hearings may be set for any hearings less than 1 hour, by using the Judge’s conference line - see below (unless it is on a UMC calendar – please see page 2 for UMC information). PLEASE DO NOT GENERATE A NOTICE OF HEARING UNTIL YOU RECEIVE CONFIRMATION VIA JAWS THAT IT HAS BEEN SCHEDULED.

• FOR HEARINGS LESS THAN 1 HOUR, the Notice of Hearing should state

the following: THE HEARING IS TELEPHONIC AND ANY PARTY WHO WANTS TO PARTICIPATE IN THE HEARING IS TO CALL (425) 436-6328 AND ENTER ACCESS CODE: 480278#. NOTE: PLEASE MUTE ON YOUR END. DO NOT PLACE ON HOLD OR EVERYONE WILL ONLY HEAR MUSIC. ALL DOCUMENTS TO BE CONSIDERED MUST BE RECEIVED BY THE JUDGE’S OFFICE VIA US MAIL AT LEAST 5 BUSINESS DAYS PRIOR TO THE SCHEDULED HEARING.

• FOR UMC HEARINGS (5 minute hearings that are on a mass docket): ONCE THE PARTY WHO SCHEDULED THE HEARING HAS EVERYONE ON THEIR LINE, THEY ARE TO CALL THE JUDGE’S OFFICE AT (727) 464-3263. PLEASE DO NOT GENERATE A NOTICE OF HEARING UNTIL YOU RECEIVE CONFIRMATION VIA JAWS THAT IT HAS BEEN SCHEDULED.

Note: If the Judge’s line is busy, please hang up and try calling again.

• When scheduled by the PLAINTIFF, your Notice of Hearing should

state the following: THE HEARING IS TELEPHONIC ONLY. ALL PARTIES, INCLUDING THOSE WHO ARE NOT REPRESENTED BY COUNSEL, WHO WISH TO PARTICIPATE IN THIS HEARING ARE TO CALL PLAINTIFF’S COUNSEL AT: (PLEASE INSERT THE PHONE NUMBER OF PLAINTIFF’S COUNSEL OR A CONFERENCE LINE THAT PLAINTIFF’S COUNSEL HAS SET UP, WITH THE PARTICIPATION CODE, IF NECESSARY) AT LEAST 5 MINUTES PRIOR TO THE SCHEDULED HEARING. ONCE THE PARTIES ARE ON THE LINE, PLEASE CALL THE JUDGE’S OFFICE AT (727) 464-3263.

ALL DOCUMENTS TO BE CONSIDERED MUST BE RECEIVED BY THE JUDGE’S OFFICE VIA US MAIL AT LEAST 5 BUSINESS DAYS PRIOR TO THE SCHEDULED HEARING.

• When scheduled by the DEFENDANT, your Notice of Hearing should state the following: THE HEARING IS TELEPHONIC ONLY. ALL PARTIES, INCLUDING THOSE WHO ARE NOT REPRESENTED BY COUNSEL, WHO WISH TO PARTICIPATE IN THIS HEARING ARE TO CALL DEFENDANT’S COUNSEL AT: (PLEASE INSERT THE PHONE NUMBER OF DEFENDANT’S COUNSEL OR A CONFERENCE LINE THAT DEFENDANT’S COUNSEL HAS SET UP WITH THE PARTICIPATION CODE, IF NECESSARY) AT LEAST 5 MINUTES PRIOR TO THE SCHEDULED HEARING. ONCE THE PARTIES ARE ON THE LINE, PLEASE CALL THE JUDGE’S OFFICE AT (727) 464-3263.

ALL DOCUMENTS TO BE CONSIDERED MUST BE RECEIVED BY THE JUDGE’S OFFICE VIA US MAIL AT LEAST 5 BUSINESS DAYS PRIOR TO THE SCHEDULED HEARING.

ZOOM HEARINGS:

Unless otherwise approved by the Court, evidentiary hearings will be via ZOOM. Generally, ZOOM hearings may be set for hearings scheduled for an hour or longer. For ZOOM hearings, please make sure when you are requesting a hearing date in JAWS, you include that you would like for it to be via ZOOM. Once we have confirmed the hearing in JAWS, we will email the ZOOM invitation with the ZOOM details ONLY to the scheduler’s email address provided in JAWS. The scheduler will be responsible for forwarding the ZOOM invitation to the parties and generating the Notice of Hearing with all the ZOOM information. The Zoom invitation sent to the scheduler will have instructions included. PLEASE DO NOT GENERATE A NOTICE OF HEARING UNTIL AFTER YOU RECEIVE THE ZOOM INVITATION. For more information regarding ZOOM hearings and protocol, please visit the Sixth Judicial Circuit’s website at: www.jud6.org

SETTING TRIALS: To set or continue Jury or Non-Jury Trials, please file the appropriate motion and set for a telephonic Case Management Conference to schedule or re-schedule.

MOTIONS:

• Motions Decided On Written Submissions Without A Hearing: Please refer to Administrative Orders 2020-012 and 2019-004 (mortgage foreclosures). The administrative orders are located at the end of these practice preferences. PLEASE NOTE, IF NOT IN COMPLIANCE WITH THE A.O., THE MOTION WILL BE RETURNED TO YOU.

• Motions to Compel: Please refer to Administrative Order 2020-011. The administrative order is located at the end of these practice preferences. PLEASE NOTE, IF NOT IN COMPLIANCE WITH THE A.O., THE MOTION WILL BE RETURNED TO YOU.

(1) No sanctions will be awarded ex parte. (Use form of order provided by the above AO). (2) With Hearing: per Local Rule 5 Sixth Judicial Circuit Local Rules. Motions 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 therefor as stated by the opposing party.

Parties may, by stipulation only, waive hearing on other non-evidentiary motions

and request the court to rule on written submissions alone. Conversely, parties may by stipulation, or motion, request oral argument on any motion otherwise subject to this procedure. The court will consider such requests without hearing and advise the parties if a hearing should be scheduled.

• Motions for Default Final Judgment:

Please follow the Florida Rules of Civil Procedure 1.500.

JAWS:

• Setting Hearings. All hearings are to be scheduled by the moving party in JAWS. The

website is https://jawspinellas.jud6.org/jaws_attorney/login.aspx. Please select the “Section 7 – Muscarella” calendar to schedule your hearing. Hearings of 15 minutes, 30 minutes or 1 hour may be scheduled directly through JAWS. PLEASE DO NOT FILE THE NOTICE OF HEARING UNTIL YOU RECEIVE A CONFIRMATION EMAIL FROM JAWS THAT THE HEARING HAS BEEN SCHEDULED. YOU SHOULD REVIEW THE ADDITIONAL NOTES IN THE CONFIRMATION FOR ANYTHING THAT IS TO BE INCLUDED IN YOUR NOTICE OF HEARING.

ALL AVAILABLE HEARING TIMES FOR 15 MINUTES, 30 MINUTES OR AN HOUR WILL BE POSTED IN JAWS SO PLEASE DO NOT CALL THE JA FOR OTHER HEARING DATES UNLESS YOUR MOTION IS AN EMERGENCY OR SO DIRECTED BY JUDGE MUSCARELLA.

All Counsel/Associated Parties. It is the moving party’s responsibility to confirm that all counsel/associated parties are in the JAWS data base to ensure all parties receive emails regarding the scheduling and cancellation of hearings. If self-represented and have not given permission to use their email for service, then all pleadings and order should be sent by US Mail. Failure to comply with this procedure can result in cancellation of your hearing.

• Cancelling Hearings. Filing a Notice of Cancellation does not cancel a hearing with

Judge Muscarella. Hearings that you schedule in JAWS can also be cancelled by you in JAWS for up to 24 hours prior to the hearing. If your hearing is less than 24 hours away, both parties must agree to cancel the hearing and then call or email the JA to cancel your hearing.

• Orders. Only AGREED orders can be uploaded in JAWS. You may upload an explanatory

cover letter along with proposed agreed orders on JAWS for Judge Muscarella’s electronic signature. All documents are to be uploaded as PDF documents. Proposed Orders After Hearing. As provided by the Standards of Professional Courtesy for the Sixth Judicial Circuit ADMINISTRATIVE ORDER 2015-052 proposed orders shall be submitted to the Judge with a cover letter stating whether opposing counsel agrees to the proposed Order – or, that opposing counsel was given the opportunity to object to the proposed Order, but did not. If cannot agree, then both proposed orders shall be delivered to the Judge with a cover letter. Transmittals of proposed orders should always reference the date of hearing. Draft orders should have page breaks such that part of the body of the order is included on the signature page. If the parties cannot agree on a proposed order they should submit their own orders to the court by US Mail with a cover letter stating their objections. Any orders that have blanks to fill in will be rejected. These must be mailed to the Judge.

The instructions for uploading orders are as follows: JAWS submissions of proposed orders to the court should consist of two uploads:

a. The order or judgment to be reviewed and signed, and nothing else, goes in one location.

b. Everything else goes in the other upload location - namely, the information

that shows the Judge why the order should be signed (i.e., cover letter and motion or stipulation, plus exhibits if necessary). These are all uploaded as one single document. (2) It should never be necessary to make a duplicate upload. These create many

problems. If there is a problem with uploading, contact the JAWS Help Desk, 727-453-4357. (3) Do not submit proposed orders on JAWS in advance of a scheduled hearing unless

specifically requested by the Judge. Electronically conformed copies will only be provided to the email addresses which have been associated to the case in JAWS. It is the responsibility of the party uploading a proposed

order to confirm all email addresses have been added to JAWS. The JA and the clerk DO NOT maintain the associated party data base.

OTHER MOTION PRACTICE:

Emergency Motions. When attorneys e-file an emergency motion, the documents will be processed by the Clerk and will appear on the case docket in Odyssey faster. However, the Clerk does not forward them to the Judge’s office and accordingly, the Judge and JA are not aware of the filing. It is the attorney’s responsibility to contact the Judge’s office and provide the Judge with a copy of the motion. Emergency motions will not be set for hearing on an emergency basis unless the court deems it to be an emergency. Pro se emergency motions only are forwarded to the Judge’s office by the Clerk. Courtesy Copies of Motions. Our system is not paperless! E-filing with the clerk does not put anything into the Judge’s hands. Courtesy copies of the Motion, Notice of Hearing, and all supporting documentation (including any prior pleading to which a motion is directed) must be provided directly to Judge Muscarella, 315 Court Street, Room 410, Clearwater, FL 33756 via Hand/U.S. Mail/Fed Ex/UPS (not email or fax) to be received at least FIVE (5) business days prior to the hearing. THIS IS THE RESPONSIBILITY OF THE PARTY SETTING THE HEARING. FAILURE TO COMPLY WITH THIS PROCEDURE MAY RESULT IN CANCELLATION. Originals should be filed with the Clerk. Copies provided to the court will be presumed to be courtesy copies. Please break up lengthy submissions into subparts (cases, exhibits, etc.) that are stapled or otherwise divided separately. PLEASE DO NOT EMAIL DOCUMENTS TO THE JA, THEY WILL NOT BE PRINTED UNLESS THEY WERE SPECIFICALLY REQUESTED. Ex Parte Motions. Counsel seeking consideration of a matter ex parte should always include courtesy copies of a motion and any supporting materials such as affidavits with their proposed orders, service copies, postage-paid envelopes, and an appropriate cover letter signed by a member of the Florida Bar, not a staff member. Case Law. Paper copies of case law and other legal authority are welcomed by the court. Pertinent portions may be highlighted. Copies provided to the court (including any highlighting) shall be provided to opposing counsel before the start of the hearing. Withdrawal or Substitution of Counsel. Rule of Judicial Administration 2.505 requires a “motion and hearing” for withdrawal of counsel. Judge Muscarella will forego a live hearing and deem this requirement adequately complied with if and only if, there is filed a Stipulation for Withdrawal signed by both the client and all counsel. The same rule requires that all substitutions of counsel be “signed off” by the client. Orders granting withdrawal must include the complete address, email and telephone number where future correspondence and pleadings may be sent to

the client and state that if there is no counsel of record within 30 days, the party shall be deemed proceeding pro se. If the party is a corporation, the order must state that they must obtain counsel and may not represent itself. Motions for Rehearing/Reconsideration/New Trial. Provide the Judge with a copy of the motion. Do not schedule for hearing unless the court decides one is required. Opposing party may file a response within 15 days of service of the motion.

PRETRIAL AND TRIAL PRACTICE:

Scheduling Jury Trials. Upon the filing of a Motion or Notice to Set Case for Jury Trial, counsel must set a fifteen minute Case Management Conference on the calendar and complete the attached Order to Appear for Case Management Conference and upload on JAWS as a PDF for the judges signature. The Judge will set the case for trial and refer the parties to mediation/arbitration at that time. All cases must be mediated within 12 months before trial. The court will enter a Case Management Conference order with deadlines agreed to by the parties. These deadlines will supersede any deadlines in the Pretrial Conference Order. A copy of the Court’s Case Management Order is attached. Order Setting Pretrial Conference and Jury Trial. ADMINISTRATIVE ORDER 2019-25 The discovery cutoffs and deadlines provided by this order are binding, as are the provisions for counsel to meet to resolve minor evidentiary problems and to provide the court a proposed Pretrial Conference Order prior to the PTC. Motions to Continue Trial. Absent very good cause, such motions must be signed by the client, as provided by Rule 1.460, and will require a hearing even if stipulated to by counsel. Motions in Limine. Time will normally be provided for motions in limine to be heard before the pretrial. Counsel will confer before that hearing so that only items actually in dispute will be put before the Judge. Settlement. If your case is set for trial and settles, notify the J.A. immediately and also cancel any hearings that may be scheduled. The mere filing of a settlement documents with the Clerk does not notify the court that a case set for trial has been resolved. Conduct of Trial Generally. Counsel will adhere to the Circuit’s Standards of Professional Courtesy ADMINISTRATIVE ORDER 2015-052. Examine witnesses from the podium. There will be no speaking objections. That means objections should be three (3) words or less, simply stating the legal ground (e.g. “relevance,” “hearsay,” etc.) invoked, or if elaboration is necessary, counsel should approach the bench. All argument is to be directed to the court. Do not argue after the Court rules, and do not “thank” the Court for a ruling after a bench conference in the presence of the jury. 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 inquiries.

Response From Counsel When Bailiff Brings Jury In. Counsel will stand.

MORTGAGE FORECLOSURE CASE PROCEDURE: The procedures established in ADMINISTRATIVE ORDER 2019-004 AND ADMINISTRATIVE ORDER 2020-012 should be followed in mortgage foreclosure cases filed in Pinellas County. Please visit the Sixth Judicial Circuit website at www.jud6.org for the latest information regarding foreclosure cases.

Foreclosure Motions. The following motions shall generally be considered on written submissions: Motions to Compel, Motions to Strike, Motions for Extension of Time, Motions to Dismiss, Motions for Substitution of Party Plaintiff, Motions to Substitute Counsel, Motions to Add Party. As provided by the AO, after being served with such motions, the nonmoving opposing party shall have 10 days to file any written response, after which the court may rule without further notice or hearing. All other Motions for hearings of 5 minutes or less such as Motions for Default, Motions to Withdraw, Motions to File Amended Complaint, Motions to Continue Non Jury Trials, etc. are to be scheduled on the UMC CALENDAR - FORECLOSURE in JAWS at https://jawspinellas.jud6.org/jaws_attorney/login.aspx. The scheduling party must send courtesy copies of the Notice, Motion, and all supporting documentation directly to Judge Muscarella, 315 Court Street, Room 410, Clearwater, FL 33756 via U.S. Mail/Fed Ex/UPS at least five (5) business days prior to the hearing. ALL UMC HEARINGS ARE HEARD VIA TELEPHONE BY CALLING 727-464-3263. If the line is busy, keep trying. Please refer to Page 2 of the preferences for Notice of Hearing instructions. Foreclosure Motions for Summary Judgment. Are to be scheduled on the UMC CALENDAR in JAWS at https://jawspinellas.jud6.org/jaws_attorney/login.aspx. if only 5 minutes or less, otherwise, please schedule for the appropriate length of time available in JAWS. The scheduling party must send courtesy copies of the Notice, Motion, and all supporting documentation and proposed Uniform Final Judgment of Foreclosure with copies and envelopes directly to Judge Muscarella, 315 Court Street, Room 410, Clearwater, FL 33756 via U.S. Mail/Fed Ex/UPS at least five (5) business days prior to the hearing. ALL FORECLOSURE MOTIONS FOR SUMMARY JUDGMENTS THAT ARE LESS THAN 5 MINUTES ARE TO BE SCHEDULED ON THE UMC CALENDAR. IF LONGER THAN 5 MINUTES, PLEASE SET FOR THE APPROPRIATE TIME IN JAWS. UMC HEARINGS ARE HEARD VIA TELEPHONE BY CALLING 727-464-3263. If the line is busy, keep trying. Please refer to Page 2 of the preferences for Notice of Hearing instructions. Foreclosure Non-Jury Trials. Plaintiff is responsible for preparing a copy of the Notice that Cause is at Issue, proposed Order Scheduling Non-Jury Trial, and sufficient copies of the order and postage-paid envelopes for all parties. Send the above via US Mail to Judge Muscarella, 315 Court Street, Room 410,

Clearwater, FL 33756. The date and time will be set by the JA. PLEASE MAKE SURE YOUR COVER LETTER STATES HOW LONG YOU WILL NEED FOR THE NON-JURY TRIAL.

A copy of the Order Setting Foreclosure Non-Jury Trial is attached.

OTHER PRACTICE AND PROCEDURE POINTERS:

Correspondence to the Court. Communications to the court should come from members of the Bar, not staff and must be served on all parties. Deposition Disputes. The court will hear deposition disputes telephonically – immediately if the Judge is available, otherwise as can be scheduled. Attorney’s 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.

ORDER SETTING TELEPHONIC FORECLOSURE NON-JURY TRIAL

The Court has reviewed the Court file and is otherwise duly advised in the premises. Therefore, it is hereby ORDERED as follows: The telephonic foreclosure non-jury trial of this matter shall take place: Date: Time:

THE TRIAL IS TELEPHONIC AND ANY PARTY WHO WANTS TO PARTICIPATE IN THE TRIAL IS TO CALL THE FOLLOWING CONFERENCE LINE:

(425) 436-6328 (ACCESS CODE: 480278#)

NOTE: PLEASE MUTE ON YOUR END, DO NOT PUT ON HOLD OR EVERYONE WILL ONLY HEAR MUSIC.

**PLEASE NOTE, ANY DOCUMENTS/EVIDENCE THAT YOU WISH THE JUDGE TO CONSIDER MUST BE RECEIVED BY THE JUDGE’S OFFICE AT LEAST 5 DAYS PRIOR TO TRIAL.**

ALL PARTIES MUST ATTEND OTHERWISE THEY WAIVE THEIR RIGHT TO PARTICIPATE.

IN THE CIRCUIT COURT IN AND FOR THE SIXTH JUDICIAL CIRCUIT OF PINELLAS COUNTY, FLORIDA

CASE NO.

Plaintiff, v. Defendants.

The following guidelines for Section 7 shall control the trial, exhibits and testimony of the foreclosure non-jury trial, unless otherwise specified by the Court in a separate Order. The parties shall proceed as follows:

1. REFERRAL TO MEDIATION:

If mediation has been requested or is being contemplated and it has not yet taken place or been scheduled, it must be completed no later than two weeks prior to the trial date. Plaintiff shall have the responsibility for setting the mediation, if necessary, and the costs incurred shall be paid by the Plaintiff. Any further mediations shall be shared equally between the Plaintiff and the Defendant(s).

2. DISCOVERY PROVISIONS:

(a) All discovery must be completed not later than 60 days prior to the

trial in this matter.

(b) Sanctions will be imposed for failure to comply with the Florida Rules of Civil Procedure and the Administrative Rules of the Sixth Judicial Circuit.

(c) The filing of motions that are not set for immediate hearing and

heard will not toll the compliance with a requirement.

(d) “Compliance” with discovery and with the “Rules” means complete compliance. Failure to comply fully will constitute non-compliance.

(e) Any dispositive motions shall be filed and set for hearing no later

than 45 days prior to trial.

3. EXCHANGE OF WITNESS LISTS AND EVIDENCE SCHEDULES:

Not later than 30 days before the trial, attorneys and pro se parties shall serve upon each other (but NOT file) the following: (a) List of All Witnesses including known impeachment and rebuttal

witnesses, which the party might call at trial. The list shall contain the name, address and telephone number of the witness and whether the witness is a liability or damage witness. Additionally, expert witnesses shall be designated as such.

(b) Schedule of All Exhibits which a party may offer at trial numbered sequentially. The schedules will include all depositions to be offered in evidence at trial.

(c) Any objections to witnesses or exhibits shall be in writing and wiled within 20 days of the trial and written responses within 10 days of the trial.

4. REQUIREMENTS PRIOR TO TRIAL -

(a) Unique Questions of Law. Prior to trial, counsel for the parties are directed to exchange and simultaneously submit to the Court appropriate memoranda with citations to legal authority in support of any unique legal questions which may reasonably be anticipated to arise during the trial.

(b) MEETING OF ATTORNEYS AND PRO SE PARTIES. No later than 10 (ten) working days prior to the trial, counsel who will try the case, and pro se parties, if any, shall meet. Attendance at this meeting is mandatory. Plaintiff’s attorney and Defendant’s attorney (or pro se Defendant) shall arrange a mutually agreeable time, date and place for this meeting.

At the meeting the attorneys and pro se parties shall:

1. Discuss and attempt to settle the case; 2. Produce, examine, and INITIAL every evidentiary exhibit

intended to be offered at trial; 3. Agree upon those exhibits which can be admitted as

joint exhibits; 4. Agree upon those which can be admitted without

objection; 5. Identify those exhibits to which objection(s) will be

made and the grounds of each objection and note the objections on a separate copy of each party’s exhibit schedule;

Objections not reserved or grounds not noted on such separate schedule will be deemed waived at trial. Agreements and objections will be filed with the Court not later than 1 (one) week prior to trial. 6. Review the witness and exhibit lists and in good faith

note on a separate copy which witnesses and depositions will actually be used at trial;

7. Discuss and stipulate as to those facts which will

require no proof at trial;

8. Discuss, clarify and frame all factual issues of fact to

be tried; 9. Identify all issues of law, procedure or evidence to be

decided by the Court prior to or during trial; 10. Discuss and attempt to agree upon any other matters,

which will lead to a more orderly and expeditious trial, e.g., copies in lieu of originals, witnesses out of turn, which portions and how depositions will be presented, etc.

**PLEASE NOTE: ALL EVIDENCE, INCLUDING COPIES OF AFFIDAVITS,

AND PROPOSED FINAL JUDGMENTS WITH COPIES AND SELF ADDRESSED STAMPED ENVELOPES FOR ALL PARTIES ARE TO BE

RECEIVED BY THE JUDGE’S OFFICE AT LEAST FIVE (5) DAYS PRIOR TO THE TRIAL DATE.**

5. PREMARKING EXHIBITS. Prior to trial, each party shall mark for

identification all exhibits.

6. EXPECTATIONS: All counsel and pro se litigants are expected to be prepared and ready for trial when the matter is called for trial. Witnesses must be present and under subpoena. Failure of a party to appear at trial and be fully prepared for trial may result in either a dismissal of the action or a default being entered by the Court.

7. NON-COMPLIANCE: Non-compliance with any portion of this Order

may result in the dismissal or striking of the case, witnesses, or exhibits, or imposition of such other sanctions as are just.

8. SETTLEMENT: The parties will notify the Court immediately upon

settlement by emailing the Judicial Assistant at section7@jud6.org and will state in the subject line of the email the words

(URGENT – SETTLEMENT).

ORDERED in Pinellas County, Florida, on ______________________, 2020. __________________________________ Patricia A. Muscarella Circuit Judge

If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance.

For proceedings before the Courts of Pinellas County: Please contact the Human Rights Office, 400 S. Ft. Harrison Ave., Ste. 300, Clearwater, FL 33756, (727) 464-4062 (V/TDD) at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711.

Copies to: SEE ATTACHED SERVICE LIST

IN AND FOR PINELLAS COUNTY, FLORIDA

CIVIL DIVISION CASE NO: CI-07

Plaintiff(s) vs. _____________ Defendant(s).__________________/

ORDER TO APPEAR FOR TELEPHONIC CASE MANAGEMENT CONFERENCE

Pursuant to Rule 2.545, Fla. R. Jud. Admin., the above styled case is hereby set for a CASE

MANAGEMENT CONFERENCE before the Honorable Patricia A. Muscarella, at Room 410, 315 Court Street, Clearwater, Florida, on the _____day of_____, 2020 at _____AM/PM for 15 minutes. At the Conference the Court may consider the progress of the case, the resolution or setting of pending motions and compliance with Fla. R. Jud. Admin. 2.250(a)(1)(B). At the time of the Case Management Conference the Court may consider any of the enumerated items as set forth in Fla. R. Civ. P. 1.200.

PARTIES ARE TO CALL (425) 436-6328 AND ENTER ACCESS CODE: 480278#

NOTE: PLEASE MUTE ON YOUR END. DO NOT PLACE ON HOLD OR EVERYONE WILL ONLY HEAR MUSIC

Failure to appear at the case management conference may result in the case being

dismissed, pleadings may be stricken, or a default may be entered. DONE AND ORDERED in Chambers, in Clearwater, Pinellas County, Florida this _____ day

of __________ 2020.

If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you to the provision of certain assistance. Please contact the Human Rights Office, 400 S Ft. Harrison Avenue, Ste. 300, Clearwater, FL 33756, (727) 464-4062 (V/TDD) at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711.

__________________________________________ PATRICIA A. MUSCARELLA Circuit Court Judge

Copies furnished to:

IN THE CIRCUIT COURT, SIXTH JUDICIAL CIRCUIT

IN AND FOR PASCO AND PINELLAS COUNTIES, FLORIDA

ADMINISTRATIVE ORDER NO. 2020-011 PA/PI-CIR

RE: MOTIONS TO COMPEL DISCOVERY

In order to facilitate discovery in cases in the circuit civil division, and in accordance with

Nudel v. Flagstar Bank, FSB, 52 So. 3d 692 n.3 (Fla. 4th DCA 2010), and in accordance with

Article V, § 2, Florida Constitution, Rule of Judicial Administration 2.215, and § 43.26, Florida

Statutes,

IT IS ORDERED:

1. When a motion to compel discovery is filed in accordance with Rule of Civil Procedure

1.380(a)(2) and the motion alleges

a. a complete failure to respond to or object to discovery, and

b. a request for extension has not been filed, and

c. that counsel has conferred with opposing counsel and has been unable to resolve

the dispute, as provided for in Administrative Order 2015-052 and any other

subsequent Administrative Orders regarding the Professionalism Committee or

Standards of Professional Courtesy,

the Court, without hearing, may enter an ex parte order requiring compliance with the original

discovery demand.

2. If a party in a civil action seeks a ruling on a motion to compel discovery without a hearing,

the movant must file the original motion with the Clerk of the Circuit Court and

contemporaneously serve opposing party/counsel with the motion to compel. Prior to seeking a

ruling from the Court, the movant shall also file a Notice of Request for Court to Consider Motion

to Compel Discovery without Hearing, Attachment A to this Administrative Order.

3. The opposing party/counsel shall have 15 days after being served with both the motion and

the notice to file a response.

4. Following the expiration of the period allowed for response, the movant shall submit to the

presiding judge a cover letter detailing that the motion is ripe for a decision (at least 15 days after

the original notice has been sent), stating the movant’s compliance with this Administrative Order,

and including a copy of the motion to compel, a copy of the notice, any response if filed, a proposed

order, and copies of the proposed order for conforming, along with stamped, addressed envelopes

for all parties.

5. The Court may impose sanctions in accordance with Rule of Civil Procedure 1.380(b) if

discovery is not completed within 15 days from the date of entry of the order, and the proposed

order should so provide. Attachment B, Order Compelling Discovery, is a sample form order on

a motion to compel.

6. Administrative Order 2017-072 PA/PI-CIR is hereby rescinded. The Court may update

the attachments to this Administrative Order without an amendment to this Administrative Order.

DONE AND ORDERED in Chambers at St. Petersburg, Pinellas County, Florida this

_____ day of April 2020.

ORIGINAL SIGNED ON APRIL 24, 2020

BY ANTHONY RONDOLINO, CHIEF JUDGE

Attachment A: Notice of Request for Court to Consider Motion to Compel Discovery without

Hearing

Attachment B: Order Compelling Discovery

cc: All Judges

The Honorable Bernie McCabe, State Attorney

The Honorable Bob Dillinger, Public Defender

The Honorable Nikki Alvarez-Sowles, Clerk of the Court, Pasco County

The Honorable Ken Burke, Clerk of the Court, Pinellas County

Gay Inskeep, Trial Courts Administrator

Ita M. Neymotin, Regional Counsel, Second District

Ngozi C. Acholonu, Assistant Regional Counsel

Lillian Simon, Director of Administrative Services, Pasco County

Bar Associations, Pasco and Pinellas Counties

Law Libraries, Pasco and Pinellas Counties

Sixth Circuit Administrative Order 2020-011 - Attachment A

IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT IN AND FOR PASCO/PINELLAS COUNTY, FLORIDA

________________________ DIVISION _______________________ Plaintiff(s), Case No._________________________ v. UCN:___________________________ _______________________ Defendant(s). _________________________________/

NOTICE OF REQUEST FOR COURT TO CONSIDER MOTION TO COMPEL DISCOVERY WITHOUT HEARING

The undersigned submits this Notice requesting that the Court consider

___[Plaintiff’s/Defendant’s]___ Motion to Compel Discovery, filed on [date] , in the

above-styled case, without hearing pursuant to Administrative Order No. 2020-011 PA/PI-CIR,

due to ___[Plaintiff’s/Defendant’s]___ complete failure to respond to or object to the discovery

request. No request for extension has been filed. The undersigned has conferred with opposing

___[party/counsel]___ and has been unable to resolve this dispute.

The opposing party shall have fifteen (15) days after being served to file their response.

On ___[date 16 days after serving this notice]___, the Court may rule on the Motion at any time

thereafter without further notice or hearing.

CERTIFICATE OF SERVICE

I certify that a copy hereof has been furnished to [insert name(s) and address(es) used for service] by [e-mail] [delivery] [mail] [fax] on

[date] .

DATED:

(Requestor or Attorney Signature) Name: Address: Direct telephone number: Fax number: E-mail address: Florida Bar No.:

Sixth Circuit Administrative Order 2020-011 - Attachment B

IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT IN AND FOR PASCO/PINELLAS COUNTY, FLORIDA

________________________ DIVISION _______________________ Plaintiff(s), Case No._________________________ v. UCN:___________________________ _______________________ Defendant(s). _________________________________/

ORDER COMPELLING DISCOVERY THIS CAUSE is before the Court on [Plaintiff’s/Defendant’s] Motion to Compel

Discovery. Upon consideration, the Court finds that the Motion was filed in accordance with Rule

of Civil Procedure 1.380(a)(2) and alleges that:

a. the opposing party has completely failed to respond to or object to discovery, and

b. a request for extension has not been filed, and

c. counsel has conferred with opposing counsel and has been unable to resolve the

dispute, as provided for in Administrative Order 2015-052 and any other

subsequent Administrative Orders regarding the Professionalism Committee or

Standards of Professional Courtesy.

Accordingly, it is hereby

ORDERED AND ADJUDGED that _______________ shall comply with the original

discovery demand in the above-styled cause no later than fifteen (15) days from the date of this

Order. Failure to comply with this Order may result in Court imposed sanctions in accordance

with Rule of Civil Procedure 1.380(b).

DONE AND ORDERED in Chambers, at __________________, [Pasco/Pinellas]

County, Florida, this ____ day of ___________, 20____.

_________________________ Circuit Judge

IN THE CIRCUIT COURT, SIXTH JUDICIAL CIRCUIT

IN AND FOR PASCO AND PINELLAS COUNTIES, FLORIDA

ADMINISTRATIVE ORDER NO. 2020-012 PA/PI-CIR

RE: MOTIONS DECIDED ON WRITTEN SUBMISSIONS – CIVIL DIVISION

A party in a civil action may choose to seek a ruling from the court on a pretrial non-

evidentiary motion based on written submissions that do not necessitate a hearing before the court.

There is no rule or law in Florida state or federal court that requires a trial judge to hear

oral argument on a pretrial non-evidentiary motion. See Gaspar, Inc., v. Naples Fed. Sav. &

Loan Ass’n, 546 So. 2d 764 (Fla. 5th DCA 1989). A party is afforded due process on such matters

when given an opportunity to present a legal memorandum and then Court may enter an order

based upon submissions without a noticed hearing and oral argument of counsel. See also Nudel

v. Flagstar Bank, 52 So. 3d 692 n.3 (Fla. 4th DCA 2010).

Motions that may be ruled on based on written submissions include, but are not limited to

Motions to Strike, Motions to Compel, Motions to Dismiss, Motions to Take Judicial Notice,

Motions to Stay, Motions to Reschedule Mortgage Foreclosure Sale, Motions for Continuance,

and Motions for Disqualification. Motions for Summary Judgment may not be decided via the

written submissions procedure.

In an effort to maximize judicial efficiency through standardized procedures for handling

pretrial non-evidentiary motions, and in accordance with Article V, section 2, Florida Constitution,

Rule of Judicial Administration 2.215, and § 43.26, Florida Statutes, it is

ORDERED:

1. If a party in a civil action seeks a ruling on a motion based on only written submissions,

the movant must file the original motion with the Clerk of the Circuit Court and

contemporaneously serve opposing party/counsel with the motion and any additional legal

argument the movant wants the Court to consider. Prior to seeking a ruling from the Court, the

movant shall also file a Notice of Request for Court to Consider Motion Based on Written

Submissions without Hearing, Attachment A to this Administrative Order.

2. The opposing party/counsel shall have 15 days after being served both the motion and the

notice to file their argument and legal memorandum with citations of authority in opposition to the

relief requested. The opposing party may also request to have the matter heard before the Court if

the opposing party seeks a hearing on the matter within the 15 day period after the notice is filed.

3. Following expiration of the period allowed for these submissions, the movant shall send

to the presiding judge a cover letter detailing that the motion is ripe for a decision (at least 15 days

after the original notice has been sent), stating the movant’s compliance with this Administrative

Order, and including a copy of the motion, any responsive filings filed by the opposing party, a

proposed order, and copies of the proposed order for conforming, along with stamped, addressed

envelopes for all parties. Movant’s cover letter should appear substantially similar to

Attachment B. Movant should also include a proposed Order on Motion Based on Written

2

Submissions. Attachment C is a sample form order which may be used. The Court may, at any

time following the date the motion is ripe for a decision, rule without further notice or hearing.

4. All parties are hereby noticed that pretrial non-evidentiary motions may be subject

to review and ruling by a judge based only upon the motion along with written argument

and any authority timely filed in the action. Nothing in this Administrative Order requires a

judge to rule without oral argument. Individual judges may prefer hearings on certain pretrial non-

evidentiary motions and counsel may consult the judges practice preferences on the website

regarding such preferences.

5. The judicial practice preferences, scheduling information, and location of hearings for

Senior Judges who hear civil cases may be found on the Court’s website:

www.jud6.org/LegalCommunity/PracticeRequirementsofJudges.html.

6. Administrative Order 2015-056 PA/PI-CIR is hereby rescinded. The Court may update

the attachments to this Administrative Order without an amendment to this Administrative Order.

DONE AND ORDERED in Chambers at St. Petersburg, Pinellas County, Florida this

_____ day of April 2020.

ORIGINAL SIGNED ON APRIL 24, 2020BY ANTHONY RONDOLINO, CHIEF JUDGE

Attachment A: Notice of Request for Court to Consider Motion Based on Written

Submissions without Hearing

Attachment B: Letter to Court

Attachment C: Form Order on Motion Based on Written Submissions

cc: All Judges

The Honorable Bernie McCabe, State Attorney

The Honorable Bob Dillinger, Public Defender

The Honorable Nikki Alvarez-Sowles, Clerk of the Court, Pasco County

The Honorable Ken Burke, Clerk of the Court, Pinellas County

Gay Inskeep, Trial Courts Administrator

Ita M. Neymotin, Regional Counsel, Second District

Ngozi C. Acholonu, Assistant Regional Counsel

Lillian Simon, Director of Administrative Services, Pasco County

Bar Associations, Pasco and Pinellas Counties

Law Libraries, Pasco and Pinellas Counties

Sixth Circuit Administrative Order 2020-012 - Attachment A

IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT IN AND FOR PASCO/PINELLAS COUNTY, FLORIDA

CIVIL DIVISION _______________________ Plaintiff(s), Case No._________________________ v. UCN:___________________________ _______________________ Defendant(s). _________________________________/

NOTICE OF REQUEST FOR COURT TO CONSIDER MOTION BASED ON WRITTEN SUBMISSIONS WITHOUT HEARING

The undersigned submits this Notice requesting that the Court consider

___[Plaintiff’s/Defendant’s]___ non-evidentiary Motion, entitled ,

and filed on [date] , in the above-styled case, based only on the written submissions and

without hearing pursuant to Administrative Order No. 2020-012 PA/PI-CIR.

The opposing party shall have fifteen (15) days after being served to file their argument

and legal memorandum with citations of authority in opposition to the relief requested. On

___[date 16 days after serving this notice]___, the Court may rule on the Motion at any time

thereafter without further notice or hearing.

CERTIFICATE OF SERVICE

I certify that a copy hereof has been furnished to [insert name(s) and address(es) used for service] by [e-mail] [delivery] [mail] [fax] on

[date] .

DATED:

(Requestor or Attorney Signature) Name: Address: Direct telephone number: Fax number: E-mail address: Florida Bar No.:

Sixth Circuit Administrative Order 2020-012 – Attachment B

Honorable Judge [ADDRESS] [CITY], FL [ZIP] [DATE] RE: [CASE] and [Case Number] Your Honor: On [date], the undersigned filed with the Clerk of the Circuit Court and sent to opposing [party/counsel] a copy of [Plaintiff’s/ Defendant’s] non-evidentiary motion, entitled [name of motion] in the above-referenced matter, along with [additional materials sent to opposing party/counsel].

Opposing [party/counsel] filed the attached response to the non-evidentiary motion. [OR] The Motion was filed in good faith and served on opposing [party/counsel]. The

[Plaintiff/Defendant] alleges that they have made an effort to resolve the issues. Pursuant to Administrative Order No. 2020-012 PA/PI-CIR, the Court may rule on a non-

evidentiary Motion at any time without further notice or hearing as of [date the motion is ripe for decision].

Today’s date is [date at least 16 days after date of filing and service on opposing

party/counsel]. The Plaintiff/Defendant requests that this Court rule on the above-referenced non-evidentiary motion based on the written submissions.

Sincerely, DATED: ____________________ ___________________________ (Party/Attorney Signature) Copies Furnished to: Party/Attorney Name (all parties) Address

Direct Telephone Number E-mail address Florida Bar No., if applicable

Sixth Circuit Administrative Order 2020-012 - Attachment C

IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT IN AND FOR PASCO/PINELLAS COUNTY, FLORIDA

CIVIL DIVISION _______________________ Plaintiff(s), Case No._________________________ v. UCN:___________________________ _______________________ Defendant(s). _________________________________/

ORDER ON MOTION

THIS CAUSE came before the Court upon [Plaintiff’s/Defendant’s] non-evidentiary

Motion, entitled , and filed on [date] , in the above-

styled case. Having reviewed the record, the applicable law, and being fully advised in the

premises, the Court considered the written submissions relating to this document without hearing

pursuant to Administrative Order No. 2020-012 PA/PI-CIR, including [check all applicable]:

Moving Party’s [Plaintiff’s/Defendant’s] non-evidentiary Motion Opposing Party/Counsel’s Response ______ Opposing Party/Counsel Request for Hearing Other:

After review, it is ORDERED AND ADJUDGED that the Motion is:

Granted Denied To Be Set for Hearing

Comments:

DONE AND ORDERED in Chambers, at __________________, [Pasco/Pinellas]

County, Florida, this ____ day of ___________, 20____. A true and correct copy of the foregoing

has been furnished to the parties listed below.

_________________________ Circuit Judge

cc: (all parties)