LOCAL RULES
12TH JUDICIAL CIRCUIT
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Rule 1. Divisions of Circuit Court
Rule 2. Assignment of Cases
Rule 3. General Masters
Rule 4. Scheduling Matters
Rule 5. Discovery Matters
Rule 6. Holidays and Vacations
Rule 7. Clerks
Administrative Order: Regarding the establishment of the South County Judicial District
General Master: Appointment and Duties of General Master for the Twelfth Judicial Circuit
Local Rules Establishing a Family Division for the Twelfth Judicial Circuit
Rule 1. Divisions of Circuit Court
- Criminal Division. All actions, cases and proceedings involving the administration of
criminal justice are assigned to the Criminal Division.
- Probate and Guardianship Division. All proceedings, matters and actions pertaining to
the probate of estates, administration of guardianships, in competency proceedings,
proceedings arising out of the Baker Act or Meyers Act and the administration of trusts
are assigned to the Probate and Guardianship Division.
- Juvenile Division.All actions, proceedings or matters pertaining to juveniles are
assigned to the Juvenile Division.
- Civil Division. All proceedings or actions within the jurisdiction of the circuit
court and not assigned to another Division are assigned to the Civil Division. The
Civil Division shall be subdivided into lettered divisions for each judge in the
Division.
- Appeals.
- All county court criminal appeals are assigned to the resident felony judge of the
county where the appeal originates.
- All county court civil appeals shall be randomly assigned to lettered
divisions of the Civil Division.
RULE 2. Assignment of Cases
- Generally. All felony cases shall be assigned as prescribed in an Administrative
Order by the Chief Judge. All civil actions and proceedings shall be assigned to a
lettered division at random on a blind assignment system pursuant to an Administrative
Order of the Chief Judge.
- Refiled Cases. Any action assigned to a lettered division of the Civil Division
that was dismissed and refiled within one year shall be assigned to the proper lettered
division when it if found that this rule has not complied with LOCAL RULES.
- Companion Cases. An attorney representing a party when there are companion cases
shall tell the judge to whom any case is assigned of the existence of the other cases.
The judge shall reassign all companion cases to the judge who has the companion cases
bearing the lowest docket number. The clerk shall make appropriate notations on the
file cover and the progress docket of each reassigned case and thereafter all companion
cases shall be determined by the judge having the case bearing the lowest docket number.
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RULE 3. General Masters.
General masters shall be appointed from those attorneys resident within the circuit in
the number that a majority of the circuit judges deem necessary for the efficient administration
of the court. General masters shall serve at the pleasure of a majority of the judges and may
hear uncontested dissolution of marriage proceedings and the other matters that may be properly
referred to them. This rule shall not prevent any party from having a dissolution of marriage
heard before the assigned judge if the party so elects. The Chief Judge may appoint special
masters as provided in Rule 1.490(b).
RULE 4. Scheduling Matter
- Cancellation of Trial. When a matter is set for trial, it may be removed
only by order of the judge.
- Ex-parte and Emergency Matters. All ex-parte or emergency matters in any action shall
be heard and determined only by the assigned judge, except:
- In the absence of the assigned judge by another judge of the same Division.
- If the assigned judge is not immediately available by another judge of the same Division
after approval by the assigned judge.
- If neither (1) or (2) apply, no matters pending in one Division of the court shall be
presented to a judge of another Division, except on prior approval of the Chief Judge.
- The term "Division" does not include lettered divisions of the Civil Division.
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RULE 5. Discovery Matters
- Certificate of Good Faith. Before filing a motion to compel or for protective order,
counsel for the moving party shall confer with counsel for the opposing party in good faith
effort to resolve the issues raised. When a motion is filed a statement certifying that
counsel has conferred with opposing counsel and that they have been unable to resolve
the dispute shall also be filed.
- Motions to Compel. Motions to compel discovery 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 given by the opposing party.
RULE 6. Holidays and Vacations
Judges shall notify the Chief Judge and Court Administrator in writing
when the judge will be absent from the circuit for over three days. J
udges shall stagger their vacations at times of the year least likely to
interfere with the orderly dispatch of the business before the court. When a
judge is absent on a scheduled vacation, ex-parte and emergency matters in actions
assigned to that division may be presented to another judge designated by the
assigned judge or pursuant to Rule 4(b). Prior to departure the vacationing judge
shall designate the judge to whom matters will be referred and shall inform the Chief
Judge and the Court Administrator.
RULE 7. Clerks
- Reports. The clerk of the circuit court of each county shall furnish a list to the
Chief Judge and to each judge sitting regularly in the county of cases pending before the
judge and such other reports as may be required.
- Removal of Court Files. No court file shall be removed from the office of the clerk
without leave of court.
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ADMINISTRATIVE ORDER REGARDING THE ESTABLISHMENT OF THE SOUTH COUNTY JUDICIAL DISTRICT
ORDERED AND ADJUDGED that:
- Effective January 1, 1989, there is hereby created a Special Judicial District in
Sarasota County to be known as the "South County Judicial District" and defined as all
that land lying south of a line running east and west from Blackburn Point Road.
- The Clerk of Court, Sarasota County is directed to:
- Docket all traffic and misdemeanor cases arising within this area in the South County
Center and accept filings for County Court Civil actions.
- Create a circuit civil division physically located in the South County Center and
accept for filing any circuit civil action, except probate, that anyone desires to file.
This circuit civil division shall be labeled, known and referred to as "Division H."
- The Chief Judge of the Twelfth Judicial Circuit shall periodically assign a judge to
Division "H." Said judge shall conduct all court proceedings, including jury trials,
relating to Division "H" in the South County Center. The Judge assigned to the South
County Center shall also hear all traffic and misdemeanor, small claim, and county civil
actions filed in the South County Center, including jury trials for civil, traffic and
misdemeanor.
- No action filed in Division "H" may be transferred out of South County to Sarasota without
the consent of the judge assigned to Division "H." If the parties stipulate to a transfer, then
the approval of the Judge assigned to Division "H" and the approval of the judge in the division
in which the case is to be reassigned is required.
- All felony and juvenile cases within Sarasota Count shall continue to be filed and heard in
the Sarasota County Courthouse.
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APPOINTMENT AND DUTIES OF GENERAL MASTER FOR THE TWELFTH JUDICIAL DISTRICT
WHEREAS, the Supreme Court of Florida has adopted Fla. R. Civ. P. 1.490 relating to General
Masters; and
WHEREAS, all proceedings involving domestic issues are brought before the Circuit Court; and
IT is thereupon ORDERED as follows: 1. Pursuant to F.R.C.P.
- 490(a), Braxton Ezell and Barbara Ingram, members of The Florida Bar, are hereby
appointed as General Masters of the Circuit Court in and for the Twelfth Judicial Circuit
for Manatee, Sarasota and DeSoto Counties, Florida.
- Said General Masters shall serve under the direction and pleasure of the Circuit Court of
the Twelfth Judicial Circuit as the Court's representative on domestic matters allowed by
F.R.C.P. 1.490(a) and not covered by F.R.C.P. 1.491 and Administrative Order ACC-86-6.
- In addition to the general powers and duties set forth in F.R.C.P. 1.490, said General
Masters shall have the power and duty:
- To prepare notices, set hearings, prepare recommended orders and prepare
and disseminate correspondence relating to domestic relations procedures.
- To subpoena witnesses, take testimony and do all things necessary in original
and subsequent proceedings as provided herein.
- To conduct domestic hearings involving the determination of custody, visitation,
modification of final judgments, property rights of the parties and attorney's fees and
enter appropriate orders in such cases.
- To take testimony and establish a record at hearings.
- To prepare and enter default orders if the respondent does not respond as required by law.
- To perform such other and related functions as the Chief Judge may from time to time direct
concerning domestic matters
.
- The General Masters shall promptly make and enter a recommended order in each case. The
recommended order shall contain findings of fact and shall have the same force and effect as an
order entered by the Court when approved and ratified by a Circuit Judge.
- The parties may serve exceptions to the report within 10 days from the time it was served on them.
If no exceptions are filed within the period, the court shall take appropriate action on
the recommended order. If exceptions are filed, they shall be heard by the Circuit Court
upon reasonable notice by either party.
- This is an Administrative Order authorized by Fla.R.Jud.Admin. 2.020(c) and is not a
local court rule as defined in Fla. R. Jud. Admin. 2.030(b).
- All hearings before the General Masters shall be reported by electronic means as provided by
Fla.R.Jud.Admin., 2.070(c).
- This Administrative Order shall take effect on the 1st day of January, 1989.
THIS DONE and ORDERED at Bradenton, Manatee County, Florida, this 13th day of December, 1988.
LOCAL RULES ESTABLISHING A FAMILY DIVISION FOR THE TWELFTH JUDICIAL CIRCUIT
- In the circuit court of the Twelfth Judicial Circuit for DeSoto, Manatee and Sarasota
Counties, Florida.
- In order to implement the policy of the Supreme Court of Florida and to more effectively
handle cases involving family matters, the following local rule is promulgated:
- Does not have sufficient caseload or judicial availability to justify a separate division,
but this rule will apply, to the extent practical, to matters assigned to Family Law Division
I, Paragraph 2, of this rule which are filed and heard in DeSoto County.
- The following matters will be assigned to the Family Division:
- Actions filed pursuant to Chapter 61, Florida Statutes (Dissolution of
marriage, support, custody).
- Actions filed pursuant to Chapter 63, Florida Statutes (Adoption).
- Actions filed pursuant to Chapter 741, Florida Statutes (Husband & Wife).
- Actions filed pursuant to Chapter 39, Florida Statutes (Proceedings relating to juveniles).
- Actions filed pursuant to Section 784.046, Florida Statutes (Repeat Violence).
- Actions filed pursuant to Sections 409.2551-409.2597, Florida Statutes (Child support enforcement).
- Actions filed pursuant to Chapter 88, Florida Statutes (Uniform Reciprocal Enforcement of Support).
- Actions filed pursuant to Chapter 742, Florida Statutes (Determination of Paternity).
- Assignment of Judges. The Chief Judge will assign judges to the Family Division by
administrative order. Assignments will be based on need and the number of judges
assigned may vary. Assignment will be based on policies adopted by a majority of
judges, but no judge will be required to serve more than two consecutive years in
the Family Division. A judge serving a term in the Family Division shall not be
required to serve more than one year hearing juvenile cases.
- Administrative Judge. The Chief Judge may appoint an Administrative Judge of the
Family Division. The Administrative Judge shall take reasonable measures to assure
the prompt disposition of matters assigned to all A Family Division is created for
the Twelfth Judicial Circuit for Manatee and Sarasota Counties. DeSoto County judges
in the division and shall have administrative responsibility for the implementation of
programs established to facilitate the court’s responsibility in disposing of matters
assigned to the division.
- Establishing Programs. Programs to assist the judges assigned to hear and dispose of
cases filed in the division pursuant to Paragraph 2 of this Rule may be established by
administrative order of the Chief Judge. Any such program shall first be approved by a
majority of the circuit and county judges of the circuit.
- Uniform Procedures and Forms. Judges assigned to the Family Division shall develop
procedures and forms of pleadings, procedures, forms and judgments shall be uniform throughout
the Circuit.
- Masters and Hearing Officers. Special and general masters and support enforcement hearing
officers may be appointed, as provided by law, by administrative order of the Chief Judge,
to assist the court in disposing of cases assigned to the Family Division pursuant to
Paragraph 2 of this Rule.
- South County. Matters filed in Division H of the Circuit Court for Sarasota County which
are included in Paragraph 2 of this Rule will be heard by the judges assigned to the South
County courthouse in Venice, Florida.
- The Administrative Judge of the Family Division is designated as the judge to be contacted
by the Supreme Court of Florida regarding implementation of its Family Law policies.
- Any Administrative Orders which are in conflict with these Rule are hereby repealed.
DONE and ORDERED in Sarasota County, Florida, this 17th of March, 1994.
Stephen L. Dakan, Chief Judge Twelfth Judicial Circuit, State of Florida
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