The Sixth Judicial Circuit Court in Pinellas County, Florida, has established a Uniform Motion Calendar (UMC) to streamline civil case procedures. This system, detailed in Administrative Order No. PI-CIR-98-30, aims to provide a consistent and efficient way to handle various motions within the Civil Division. This guide explains the purpose, procedures, and key aspects of the Pinellas County UMC, ensuring legal professionals and pro se litigants are well-informed.
Purpose and Establishment of the Uniform Motion Calendar
The primary goal of the Uniform Motion Calendar is to create standardized processes for managing motions in Pinellas County’s Civil Division. By implementing a UMC, the court ensures predictability and efficiency in motion hearings.
Established by order of the Chief Judge, Susan F. Schaeffer on May 4, 1998, the UMC mandates that every judge in the Civil Division holds at least one UMC session per week. These sessions are scheduled at times and locations determined by each individual judge, accommodating for holidays, judicial absences, and other scheduling conflicts. The procedures governing the UMC are standardized and cannot be altered without the consensus of a majority of the Civil Division judges and a subsequent administrative order from the Chief Judge. This ensures uniformity and predictability for all participants in the legal process within Pinellas County.
Procedures for Engaging with the Uniform Motion Calendar
Navigating the Uniform Motion Calendar requires adherence to specific procedures designed for efficiency and fairness. These procedures are crucial for attorneys and pro se litigants to effectively utilize the UMC.
Scheduling and Availability
Before formally noticing a UMC hearing, it is imperative for the attorney or pro se litigant to confirm the judge’s availability. This preemptive step can be accomplished by contacting the judge’s judicial assistant. This ensures that the scheduled hearing aligns with the judge’s calendar, preventing potential scheduling conflicts and delays.
Time Limitations for Hearings
UMC hearings are strictly time-limited to five minutes per case. This constraint necessitates concise and focused presentations from both sides. Attorneys and litigants must be prepared to present their arguments effectively within this brief timeframe. Efficiency is key to the UMC’s function, allowing numerous motions to be addressed in a timely manner.
Telephone Hearings and Remote Participation
The UMC accommodates telephone hearings, as permitted by Florida Rule of Judicial Administration 2.071. To arrange a telephone hearing, it must be scheduled through the judge’s judicial assistant. Participants opting for telephone hearings must be available for the entire duration of the scheduled UMC session for that day. The judge will initiate the call to the attorney or pro se litigant, either as the UMC schedule permits or after all in-person hearings have concluded. Long-distance calls will be made collect by the court, ensuring accessibility for all parties involved, regardless of location.
Court File Management and Document Submission
The responsibility of bringing the court file to the UMC hearing rests with the attorney scheduling the hearing. In cases where the court file is voluminous, only the necessary volumes pertinent to the hearing should be brought. For telephone hearings or hearings scheduled by pro se litigants, specific document submission protocols are in place. At least five business days prior to the hearing, the party scheduling must send copies of all relevant pleadings to the judge, clearly marked “Uniform Motion Calendar.” This advance submission ensures the judge is adequately prepared for the hearing, especially when physical court files are not readily accessible.
Noticing Opposing Parties and Court Submission
Proper notification to the opposing party, following applicable rules of procedure, is mandatory for anyone scheduling a UMC hearing. Furthermore, a copy of the hearing notice, accompanied by the relevant pleadings, must be forwarded to the judge’s judicial assistant at least five business days before the scheduled hearing, again marked “Uniform Motion Calendar.” It is important to note that cancellation of a UMC hearing does not require notification to the Court, simplifying the process when hearings are no longer necessary.
Hearing Order and Case Prioritization
UMC hearings operate on a “first come, first served” basis. If a party fails to appear when their case is called, the present party may proceed with their hearing. However, if the present party chooses to wait for the absent adversary, the case will be moved to the end of the UMC hearing schedule. This procedural aspect encourages punctuality and preparedness among participants, while still allowing flexibility in case of unexpected delays.
Order Preparation and Submission
Following a UMC hearing, the Court will typically instruct an attorney, or sometimes a pro se litigant, to draft a proposed order. This original proposed order must be prepared and submitted to the Court within ten working days of the hearing. A cover letter accompanying the proposed order should indicate whether opposing counsel or the pro se litigant approves or disapproves of the order. If objections arise, the opposing party is required to immediately submit their counter-proposed order to the Court. It is important to note that objections should not be communicated via phone calls or letters alone; a formal counter-proposal is necessary.
Order Copies and Mailing Procedures
When submitting a proposed order, it is also necessary to include copies for conforming and self-addressed, stamped envelopes. These materials facilitate the court’s process of mailing conformed copies back to the involved parties, ensuring efficient communication of the finalized orders.
Good-Faith Effort and Discovery Motions
Before filing a motion to compel or a motion for a protective order, the moving party’s counsel is obligated to confer with the opposing party’s counsel in a good-faith attempt to resolve the discovery dispute informally. If resolution proves unattainable, then the party moving to compel discovery or for a protective order must file a Certificate of Good-Faith along with their motion. Both the motion and the certificate must be officially filed before a hearing on the motion can be scheduled. This requirement underscores the court’s emphasis on resolving disputes amicably and minimizing unnecessary motion hearings.
Judicial Discretion to Reschedule
Each judge presiding over a UMC session retains the discretion to reschedule any matter deemed too complex for the Uniform Motion Calendar. This provision allows judges to manage their dockets effectively, ensuring that matters requiring more extensive consideration are allocated the necessary time and attention outside the constraints of the UMC’s brief hearing slots.
Conclusion
The Uniform Motion Calendar in Pinellas County is a structured approach designed to enhance the efficiency of civil case management. By understanding and adhering to these established procedures, legal professionals and pro se litigants can effectively navigate motion hearings, contributing to a smoother and more predictable judicial process within the Sixth Judicial Circuit. This system underscores the court’s commitment to both efficiency and fairness in the administration of justice.
