DIVISION 02 CIVIL DIVISION PROCEDURES …

1 DIVISION 02 CIVIL DIVISION PROCEDURES 1. Scheduling Hearings: DIVISION 02 will not utilize Benchmark or any other internet scheduling. All hearings will be scheduled through the Judicial Assistant by telephone at (386) 626-6590 or email Do not email multiple requests as it will only delay your response. Requests for hearing time should include the case number, case style, motion(s) to be heard and amount of time requested. ALL hearings must be coordinated with opposing counsel. Any request for hearing time over an hour must be requested in writing and faxed to (386) 943-7076. Once the Court has reviewed and an amount of time approved, you will be advised of available hearing times to coordinate with all parties.

2 Once the hearing has been coordinated with all parties, scheduled and confirmed with the Judicial Assistant, a copy of the Notice of Hearing should be sent to the JA via email or regular mail. Do not notice additional matter(s) for hearing at the time reserved by another party, unless consent has been obtained from that other party and the JA is notified. Hearings will be held in HEARING ROOM #6. Attendance by telephone is usually permitted for hearings of 30 minutes or less, by contacting and making arrangements with CourtCall at (888) 882-6878 at least seventy-two (72) business hours before the scheduled hearing, however, there is no telephone appearance permitted at expedited hearings. Please note, under the rules, testimony may not be presented via telephone unless all affected parties agree and then only if there is someone on the other end that can swear the witness in.

3 Evidentiary hearings should be noticed as such. 2. Hearing Cancellations: Before e-filing any notice of cancellation, you must contact the Judicial Assistant to cancel the hearing(s). E-filing a Notice of Cancellation to the Clerk s Office does not take it off the Court s docket. 3. Emergency Hearings: Emergency hearings are rarely granted, and must be requested in writing, giving reasons and amount of time required for hearing. 4. Expedited Hearings: Generally conducted on Tuesdays at 9 seven (7) minutes or less; no telephone appearance permitted. As with regular hearings, must be coordinated with all parties. Contact JA to ensure expedited hearings will be held on the date selected. Once coordinated with opposing counsel, e-file notice of hearing no later than three (3) business days before the scheduled hearing.

4 Please note: matters requiring testimony, motions to dismiss and summary final judgments of foreclosure will not be heard. 5. Proposed Orders: All proposed orders, EXCEPT for Final Judgment of Foreclosures, shall be emailed to in an up-to-date WORD format. PDF orders will not be accepted. The subject line of the email should state Proposed Order and be properly circulated between the parties BEFORE submitting to the Court. The email is solely for the purpose of submitting PROPOSED ORDERS; it does not allow for a reply and/or forward. DO NOT SUBMIT OTHER PLEADINGS OR REQUESTS VIA THIS DIVISION EMAIL ADDRESS. **DO NOT SUBMIT PROPOSED ORDER(S) UNTIL THE MOTION HAS BEEN FILED AND DOCKETED BY THE CLERK AND IT APPEARS ON ** All proposed orders must contain the following: DONE AND ORDERED in Chambers at DeLand, Volusia County, Florida.

5 (NOTE: do not put in date line) {Signature} (the above {Signature} must be right aligned DO NOT TAB OVER) SANDRA C. UPCHURCH CIRCUIT JUDGE Copies to: Attorneys name (eService by Clerk) (DO NOT PUT ANY EMAIL ADDRESSES OR PHYSICAL ADDRESSES IN ORDER THE CLERK WILL SEND TO EMAIL ADDRESS ASSOCIATED WITH CASE IN E-PORTAL) Any self-represented parties must have complete address(es) in the format below: John Doe 123 Any Street Anywhere, FL 32720 *Order(s) submitted to the Court that do not follow the above instructions will be rejected* FORECLOSURE FINAL JUDGMENTS will not be accepted by email. All proposed Foreclosure Final Judgment packets must be submitted by the due date given in the scheduling email with sufficient copies and self-addressed, stamped envelopes for all parties listed in the certificate of service.

6 An order granting a motion should grant the relief requested instead of merely reciting that the motion is granted (for example, an order granting a motion to dismiss does not, without more, dismiss the complaint). An order denying a motion may merely recite that the motion is denied, unless other orders/directives are necessary because of the denial. a) Place a title on all proposed orders: , Order Dismissing Complaint, Order Compelling Discovery, Judgment in Favor of Defendant Doe; not simply Order . b) Do not email proposed orders accompanied by a request that the court hold them for some specified time to see if objections materialize; email, mail or fax to opposing attorneys/parties before emailing to the court. c) Format proposed orders as stated above and so judges signature is not on a separate page.

7 6. Changing caption: Unless a specific court order is entered mandating it, do not change the caption ( style ) of the case. Even if a party (or even all parties) is dropped or added, or a third-party defendant is added, the caption should not be changed by counsel or the parties, absent court order. 7. Motions: Please do not move to abate or stay when actually seeking a continuance, or seeking removal from trial docket. Motions to abate are properly directed to defects such as lack of jurisdiction, improper venue, failure to join indispensable parties, or multiple pending actions, and should not only point out the defect, but also show the opponent how the defect may be remedied and furnish the information to correct the mistake. A stay order is rarely entered.

8 8. Withdrawal/Substitution of counsel: Withdrawal can only be accomplished by order, which will be entered only upon stipulation signed by client(s), or after a hearing. If after hearing: there must be notice of the hearing to the client(s) as well as all other parties; a copy of the motion to withdraw must be served on client(s) and this service should be reflected on the certificate of service. Fla. R. Jud. Admin. (f)(1). The address where the client can be served in the future should be in the motion and included in the proposed order. Unless the client is a corporation (which must be represented by counsel), the order should not require the client to obtain or retain a lawyer. Similarly, a substitution of counsel requires an order of court, upon either a written consent of the client(s) which shall be filed with the court, or a hearing.

9 Fla. R. Jud. Admin. (e)(2). 9. Continuances: The motion for continuance should state the date by which all parties believe the case will be ready to be tried. When moving for a continuance, the rule requires that the party (not just the attorney) requesting the continuance should sign the motion or stipulation. and Fla. R. Jud. Admin. Rule (e). This is not always practicable, but when it is not, the motion should recite the reason. The proposed order should reflect the name of the party or parties who moved for the continuance. The proposed order shall state the newly established trial date and docket sounding date/time. Trial dates available on this court s webpage ( ). No continuance is granted as a matter of right, and no party or counsel should assume that a continuance will be granted.

10 10. Foreclosure proceedings: Please ensure that the foreclosure packet is received by the Court no later than the date given by the Judicial Assistant at the time of scheduling. Hearings will not be conducted if the foreclosure packet is not received in this office by that date. This packet consists of the proposed final judgment together with appropriate copies and self-addressed, stamped envelopes for all parties. Please note that the motion for summary judgment, affidavits, original note, and any applicable assignments must be filed before any hearing time is scheduled. Testimony is not permitted at any summary judgment hearing, including foreclosure. 11. When a case is settled: Any party who sought affirmative relief in the case has a duty to notify the court s judicial assistant of the settlement as soon as practicable.