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
  1. Criminal Division. All actions, cases and proceedings involving the administration of criminal justice are assigned to the Criminal Division.
  2. 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.
  3. Juvenile Division.All actions, proceedings or matters pertaining to juveniles are assigned to the Juvenile Division.
  4. 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.
  5. Appeals.
    1. All county court criminal appeals are assigned to the resident felony judge of the county where the appeal originates.
    2. All county court civil appeals shall be randomly assigned to lettered divisions of the Civil Division.
RULE 2. Assignment of Cases
  1. 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.
  2. 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.
  3. 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
  1. Cancellation of Trial. When a matter is set for trial, it may be removed only by order of the judge.
  2. 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:
    1. In the absence of the assigned judge by another judge of the same Division.
    2. If the assigned judge is not immediately available by another judge of the same Division after approval by the assigned judge.
    3. 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.
    4. The term "Division" does not include lettered divisions of the Civil Division.

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RULE 5. Discovery Matters
  1. 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.
  2. 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
  1. 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.
  2. 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:

  1. 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.
  2. The Clerk of Court, Sarasota County is directed to:
    1. Docket all traffic and misdemeanor cases arising within this area in the South County Center and accept filings for County Court Civil actions.
    2. 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."
  3. 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.
  4. 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.
  5. 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.
  1. 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.
  2. 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.
  3. 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:
    1. To prepare notices, set hearings, prepare recommended orders and prepare and disseminate correspondence relating to domestic relations procedures.
    2. To subpoena witnesses, take testimony and do all things necessary in original and subsequent proceedings as provided herein.
    3. 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.
    4. To take testimony and establish a record at hearings.
    5. To prepare and enter default orders if the respondent does not respond as required by law.
    6. To perform such other and related functions as the Chief Judge may from time to time direct concerning domestic matters
    7. .
  4. 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.
  5. 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.
  6. 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).
  7. All hearings before the General Masters shall be reported by electronic means as provided by Fla.R.Jud.Admin., 2.070(c).
  8. 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
  1. In the circuit court of the Twelfth Judicial Circuit for DeSoto, Manatee and Sarasota Counties, Florida.
  2. 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:
  3. 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.
  4. The following matters will be assigned to the Family Division:
    1. Actions filed pursuant to Chapter 61, Florida Statutes (Dissolution of marriage, support, custody).
    2. Actions filed pursuant to Chapter 63, Florida Statutes (Adoption).
    3. Actions filed pursuant to Chapter 741, Florida Statutes (Husband & Wife).
    4. Actions filed pursuant to Chapter 39, Florida Statutes (Proceedings relating to juveniles).
    5. Actions filed pursuant to Section 784.046, Florida Statutes (Repeat Violence).
    6. Actions filed pursuant to Sections 409.2551-409.2597, Florida Statutes (Child support enforcement).
    7. Actions filed pursuant to Chapter 88, Florida Statutes (Uniform Reciprocal Enforcement of Support).
    8. Actions filed pursuant to Chapter 742, Florida Statutes (Determination of Paternity).
  5. 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.
  6. 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.
  7. 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.
  8. 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.
  9. 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.
  10. 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.
  11. 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.
  12. 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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