courts procedure

8/2/2019 Courts Procedure

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PAMELA A.M. CAMPBELL

Circuit Judge

Pinellas and Pasco Counties

Civil Division, Section 11

St. Petersburg Judicial Building

545 First Avenue North, Room 300St. Petersburg, FL 33701

Phone: (727) 582-7550

Fax: (727) 582-7806

Updated: January 25, 2011

GENERAL CIVIL PRACTICE PREFERENCES

(See Page 27 for Alphabetical Index)

1. COURTROOM DEMEANOR. Professionalism, civility, integrity nothing less will be tolerated. Administrative Order No. PA/PI-Cir-99-46: Standards ofProfessional Courtesy for the Sixth Judicial Circuit will be STRICTLY enforced.

Professionalism and courtesy is expected and always appreciated, at all times.

2. HEARINGS: Most hearings are held in Chambers. For specificinstructions on setting hearings see Appendix A. Scheduling hearings are done primarily

through email with my Judicial Assistant, Teresa Muhlstadt at [email protected].

3. DEPOSITION DISPUTES: Attempt an immediate telephone hearing,otherwise, certify question and set hearing.

4. UNIFORM MOTION CALENDAR (CIVIL): Section 11 does not havea Uniform Motion Calendar, per se. In the past, attorneys have scheduled 5 minute

hearing times for issues that take much longer, therefore, it is up to the discretion of the

Judge, based upon the Motion, as to whether or not it will be put on during a five minute

hearing calendar. PLEASE STATE IN YOUR REQUEST THAT YOU ARE ASKING

FOR 5 MINUTES.

5. TELEPHONE HEARINGS: A telephone hearing will be permitted onnon-evidentiary matters, as per Rule of Judicial Administration, 2.071. Hearing by

telephone MUST BE SET FORTH IN THE NOTICE OF HEARING. The party filing

the notice shall be responsible for advising the Court and all parties of the telephone

nature of the hearing, who will be attending by phone and, if there are more than two

parties attending, arranging the conference call, with the Judge being called last.


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6. EXPEDITED HEARING TIMES: In the event you have reviewed ourhearing list and determined that there is not a date available within the time range

required in your motion, you may request an expedited hearing time, if the facts of thecase permit. Please submit, by email or facsimile, your Motion to Set Expedited Hearing

setting forth the extenuating circumstances requiring the special set hearing and a copy of

the motion that you need to set for hearing. Be sure to include the amount of time that

you need for the hearing.

7. EMERGENCY MOTIONS (All): Any Emergency and/or ExpeditedMotions shall be faxed or emailed to the Court at (727) 582-7806 or to

[email protected] and will be considered by the Court as soon as possible. The Court

will determine if a bona fide emergency or need for an expedited hearing exists. In the

event the Court agrees, the Judicial Assistant will contact the parties to set up a time forthe hearing. Note: Emergency/Expedited hearings involve matters in which the moving

party will suffer irreparable harm/damage if relief is not granted immediately. Opposing

counsel/party is to be provided with any Emergency/Expedited Motions in the same

manner as the Court, unless lawful reasons exist that prevent notice are stated in motion.

8. PROPOSED ORDERS:(a) All proposed Orders MUST be pre-approved by opposing counsel

BEFORE forwarding to the Court, AND so stated in the cover letter. If there is a

disagreement, see (c), below.

(b) Judges Signature: Orders should not be submitted to the Court thatcontain only the Judges signature on the last page. Some part of the body of the Order

shall accompany the Judges signature block.

(c) PROPOSED ORDERS (Disagreements): In the event the parties areunable to reach an agreement as to the form of an Order to be provided to the Court, the

parties may contact my Judicial Assistant and arrange for a telephone conference with the

Judge, prior to setting any hearings or sending proposed Orders to the Court for the

purpose of efficiency.

(d) ENVELOPES: Any documents provided to the Court that require a returnof a document to party shall be accompanied by a self-addressed, stamped envelope that

also contains the return address of the party submitting the document to the Court.


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9. MEDIATION(a) Civil: All cases must go to mediation prior to being set for jury or non-jury

trial. In the event the parties believe that mediation will not lead to a resolution of the

issues, a hearing must be held and an Order entered allowing the case to proceed to trial

without first going to mediation.

(b) Homestead Foreclosures: Administrative Order 2010-025 PA/PI-CIRdated May 21, 2010, sets forth the specificities of mediation (Residential Mortgage

Foreclosure Mediation Program RMFMP) as to foreclosures and can be reviewed at

http://www.jud6.org/LegalCommunity/LegalPractice/AOSAndRules/aos/aos2010/2010-

025.htm .

(c) Non-Homestead Foreclosures: A case involving a non-homestead orcommercial property will only be referred to mediation upon written request of the lender

or borrower and will not be automatically referred to mediation.

10. MOTIONS TO COMPEL: When a Motion to Compel alleges a completefailure to respond or object to discovery, and there has been no request for extension, an

ex parte order, without hearing, may be entered requiring compliance with the original

discovery demand within (10) ten days of the signing of the Order. Movant shall submit

a cover letter, the Motion, proposed Order, along with appropriate copies and envelopes

to the Court for consideration and will copy opposing counsel/party.

11. MOTIONS TO WITHDRAW: Motions to Withdraw will be consideredby the Court without hearing only if your client has executed a consent to the attorneyswithdrawal. Submit the consent, motion, proposed Orders and envelopes to the Court for

consideration. The order MUST CONTAIN THE COMPLETE ADDRESS AND

TELEPHONE NUMBER WHERE ALL FUTURE CORRESPONDENCE AND

PLEADINGS MAY BE SENT TO THE CLIENT.

In the absence of a signature from the client, a hearing, with proper notice to the

client, must be set.

12. SUBSTITUTION OF COUNSEL: Rule of Judicial Administration2.060(h) requires that all substitutions of counsel MUST BE SIGNED BY THE CLIENT.

Furthermore, all orders for substitution MUST CONTAIN THE NEW ADDRESS OF

THE PLAINTIFF/DEFENDANT/ATTORNEY and a working telephone number.

In the absence of a signature from the client, a hearing, with proper notice to the

client, must be set.


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13. INDEPENDENT MEDICAL EXAMINATIONS: In order to resolvemost IME issues, the Court has a standard Order which can be submitted with a Motion

on an ex parte basis. Please refer to Appendix D for the standard order for examinations

which should answer any questions regarding IME procedures.

TRIAL PROCEDURES(See Appendix F Standing Trial Procedures)

14. PRE-TRIAL (General): Discovery cut-off is generally the pretrial date.The parties will submit to the Court ONE Uniform Pretrial Conference Order agreed

upon by the parties at least five (5) business days prior to the pretrial date. The pretrial

conference date is a mass motion calendar with all pretrials being scheduled at the same

time on a given date for that specific months trial docket.

15. PRE-TRIAL (Attorneys): THE COURT REQUIRES PERSONALATTENDANCE AT THE PRETRIAL BY ALL PARTIES. Attendance by anattorney who will be at the trial of the matter is required. The Court DOES NOT

ALLOW telephone appearances at pretrials.

16. TRIALS ( Pretrial Motions and Motions in Limine): Generally,Motions in Limine and other pretrial motions are heard prior to the date of trial. The

Court tries to keep time slots available before the trial. The parties should review the

Court schedule to determine when they should be scheduled before the Pretrial

Conference.

17.

TRIALS Motions and Stipulations to Continue Trials. THIS COURTMAINTAINS A FIRM POLICY REGARDING THE CONTINUANCE OF TRIALS in

accordance with rule 2.540, Judicial Rules of Administration. The Court does NOT

accept Stipulations for Continuance with proposed Orders submitted by mail. Any

Motion for Continuance, even if by stipulation, must be set for hearing before the Court.

18. TRIALS (Motions for Summary Judgment): Motions for SummaryJudgment in cases that have been set for trial, must be heard at least 30 (thirty) days prior

to trial or the parties may waive their ability to have such a hearing. Caution: Attorneys

intending to have Motions for Summary Judgment heard prior to trial should review the

courts schedule early to ensure time availability.


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19. TRIALS:Requesting a Trial Date. Submit a Notice that the Case is atIssue and Ready to be Tried. In the Notice, you must include the number of days

required for trial, including jury selection, the type of case being tried and whether or not

the case has been to mediation. If it has been to mediation, then the notice should contain

the date it went to mediation and the outcome, i.e. impasse or partial settlement. The

attorneys may agree to specific trial week by joint stipulation; however, it is theattorneys responsibility to contact the Judges office prior to entering into a stipulation to

confirm date availability.

20. TRIALS (Discovery Cut-off): Generally, the discovery cut-off is atpretrial, unless circumstances require an alternative period. This issue may be addressed

on a case by case basis or by stipulation of the parties and the Judges approval. Any

procedural questions may be directed to the Judicial Assistant, preferably by email.

21. TRIAL (Experts): Except in ruling on an objection, the court should notdeclare that a witness is qualified as an expert or to render an expert opinion and counselshould not ask the Court to do so. (Standard 17, Civil Trial Practice Standards of the

Section of Litigation of the American Bar Association 1998.) A judicial ruling that a

proferred expert is qualified prior to the time that counsel has posed a precise question

eliciting expert testimony is premature and, unless an objection is interposed,

unnecessary.

22. TRIALS (DVDs, Powerpoint, Trial Graphics, Demonstrative Aids):All such evidence shall be marked and identified, prior to the commencement of trial.

Any special audio/visual requirements should be directed to the Audio/Visual

Department at (727) 464-7975 at least 10 (ten) days before trial.

23. TRIALS (Marking Evidence): Evidence shall be exchanged prior to trial.All evidence is to be pre-marked in advance of its intended use by counsel. Whenever

possible, the parties shall provide the Court with an index of the exhibits to be used at

trial by both sides. Where possible it is preferred to mark the exhibits with the Clerk

prior to utilizing.

24. TRIALS (Tangible Evidence): After showing the exhibit to opposingcounsel, it may be shown to the witness without first showing it to the Judge. If the

Judge requests to see an exhibit, counsel may hand it over directly to the Court, after

requesting permission to approach.

25. TRIALS (Memoranda, Trial Briefs, Case Law, etc.): Memoranda, trialbriefs, case law, proposed findings of fact and law are not required, but if it will facilitate

the trial, they are appreciated. They should be provided to the Court at least three (3)

days prior to the trial date.


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26. TRIAL (Jury Instructions): Counsel for the parties are expected to conferprior to trial regarding proposed jury instructions and be ready to present a copy of the

proposed instructions to the Court on the FIRST day of trial. If counsel intends to request

the Court to read during voir dire or at the beginning of the trial, proposed instructions

should be presented to the Court at the Pretrial Conference. The parties should also

provide an electronic copy to the court by sending it to the Judicial Assistant [email protected] in Word format.

27. TRIAL CONDUCT:Advise all parties and all witnesses to be appropriately dressed for Court and to

disable all pagers and cell phones prior to entering the courtroom.

Only bottled water is permissible in the courtroom.

Publication of exhibits and other evidence to the jury should be done only withleave of Court so as to make the best use of trial time.

Counsel should not address each other except for perfunctory matters such as

stating the page and line of a deposition.

Attorneys should instruct clients and witnesses to refrain from displaying pleasure

or displeasure with arguments or evidence by gestures, facial expressions or audible

sounds.

If two or more lawyers represent a party, only one may question any one witness.

Be extra careful to prevent the jury from seeing evidence or exhibits before

introduction into evidence. Be alert and do not leave documents and exhibits exposed on

the counsel table.

Please call EVERYONE, including your clients, by the formal Dr. Reverend,

Professor, Mr., Ms., Mrs. followed by the last name. This does not necessarily apply to

children.

At all times, please stand when speaking.

It is established law that attorneys are not to assert their personal beliefs in general

or their personal opinions on the justness of a cause, the credibility of a witness or the

culpability of a cause, or of a litigant.

The Court only allows direct, cross, re-direct examination. Additional questioning

is by court permission only.


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The Court allows jurors to take notes and ask questions (in writing) of witnesses.

Jurors are instructed not to be distracted by note-taking and not to give notes of another

greater weight than their own recollection. You may make your objections to juror

questions at the bench. Please dont voice your objections or the fact that you have no

objection within the hearing of the jury.Voir Dire Format: Attorneys will inquire of the entire jury panel seated in the

gallery. A seating chart with juror names will be provided. The Court will initiate voir

dire questions and then counsel will follow with inquiry.

Objections:

Sidebar or bench conferences on objections or motions related to evidentiary

matters are not favored and will rarely be permitted, if at all.

Please do not make speaking objections. Objections in front of the jury can bemade in no more than five words and preferably in three.

Final Argument: The time available to you for final arguments will be limited

and set by the Court.

Arguments are limited to matters in evidence and all inferences reasonably to be

drawn from the evidence together with references to matters of common knowledge.

PLEASE DO NOT:

Testify in the guise of argument or assert your personal belief. Do not suggestthat you have personal knowledge of matters outside the evidence.

Make golden rule arguments requesting the jury put itself in the place of theparties.

Imply the judge favors one side or the other by a judicial ruling or otherwise. Elicit feedback, or any direct or immediate response of a juror. Appeal to sympathy, bias, or prejudice or seek to inflame the jury by arousing

feelings of hatred or distrust. It is not the jurys duty to send any message.

You may argue and use the jury instructions during closing, so long as they are

recited accurately and in context.


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28. TRIAL (Settlement): It is the responsibility of all parties to an action tocontact the Judges office either by phone or email to advise of the settlement of a case.

The parties should also advise the Court if there are any future hearings set on a matter

that can be removed from the Courts calendar.

29. NON-JURY TRIALS: When requesting a date for a Non-Jury Trial,please submit a Notice to Set Non-Jury Trial with notice to all parties. As with jury

trials, these cases must go to mediation prior to being set for trial. Your Notice should

indicate that number of hours or days that are requested, the type of case being tried and

the date that the case went to mediation and reached an impasse. Upon receipt and

confirmation that the case was mediated, the court will enter an Order Setting Pretrial

Conference and Non-Jury Trial.


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FORECLOSURES

30. FORECLOSURES (Residential Property Final Hearings): As of July12, 2010, all Uniform Final Summary Judgment hearings for residential property will be

heard by one of two senior judges. In order to set a hearing for Final Judgments

hearings ONLY, call the Foreclosure Case Manager in St. Petersburg for JudgeCampbells cases at (727) 582-7700.

31. FORECLOSURES - RESIDENTIAL (All Non-Dispositive Motions):All hearings except for Final Summary Judgment hearings, including hearings for

deficiency judgments and Motions for Final Judgment ofReforeclosure, shall be heard

before Judge Campbell and NOT before the Senior Judges.

32. FORECLOSURES (Commercial Property Final Hearings): Allhearings regarding commercial property, including Final Summary Judgments, will be

heard before Judge Campbell. To schedule a hearing for Commercial property litigation,you should email your request for available hearing times to the Judicial Assistant (as set

forth in Paragraph 2) and she will provide you with the most current listing of hearing

dates. See Appendix E for a more detailed explanation of the foreclosure hearing process

and the requirements for the Sixth Circuit and the State of Florida.

33. FORECLOSURES (Commercial Property All Hearings): ALLhearings concerning commercial property, including the Final Summary Judgment

hearing shall be heard before Judge Campbell and NOT before the Senior Judges.

34.

FORECLOSURES (Notices of Sale): DO NOT SEND NOTICES OFSALE TO THE COURT FOR COMPLETION OR TO BE FORWARDED TO

THE PUBLISHER. As of January 2, 2010, the Lender is responsible for completing

and submitting the Notice of Sale directly to the appropriate newspaper. Notices must be

prepared and published in accordance with Chapter 45 and 702, Florida Statutes.

ALL FORECLOSURE SALES SET ON OR

AFTER OCTOBER 4, 2010 IN

PINELLAS COUNTY SHALL BE CONDUCTED ONLINE AT

WWW.PINELLAS.REALFORECLOSE.COM AT 10:00 A.M.

(SEE ADMINISTRATIVE ORDER NO. 2010-052 PI-CIR)

35. FORECLOSURES (Bankruptcy): Pursuant to Administrative Order2010-025 PA/PI-CIR dated May 21, 2010, if, prior to the commencement of a foreclosure

sale, the Clerk receives a suggestion of bankruptcy on behalf of a named defendant in that

foreclosure case, the Clerk is directed to cancel the foreclosure sale.


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36. FORECLOSURES (Certificate of Compliance): A Certificate ofCompliance must be filed five (5) business days PRIOR to the final hearing for

foreclosure. The form MUST BE COMPLETE and accurate. Form M - CERTIFICATE

OF COMPLIANCE WITH FORECLOSURE PROCEDURES from Administrative

Order 2010-025 PA/PI-CIR

37. FORECLOSURES (Uniform Final Judgment of Foreclosure): Allproposed final judgments of foreclosure MUST be in the format of the Uniform Final

Judgment of Foreclosure for the Sixth Judicial Circuit, unless otherwise specifically

approved by Judge Campbell. ANY changes to the form must be brought to the attention

of Judge Campbell at or before the final hearing. Form N - UNIFORM FINAL

JUDGMENT OF FORECLOSURE from Administrative Order 2010-025 PA/PI-CIR

38. FORECLOSURES (Foreclosure Package for RESIDENTIAL FinalHearing): The Lender must deliver a foreclosure package to the foreclosure case

managers at least (5) five business days prior to the final hearing date (See Appendix Efor mailing addresses) which includes the following:

a. Proposed Uniform Final Judgment of Foreclosure (Form N, above), withself-addressed, stamped envelopes shall include the return address of the firm

providing the documents. The SALE DATE SHOULD BE BLANK, the amounts

should all be completed, and the location of the sale shall be online and in accordance

with Administrative Order No. 2010-052 PI-CIR.

b. Original Promissory Note and any assignments (unless previously filed, inwhich case a copy of the notice of filing should be provided)

c. A copy of the Certificate of Compliance (Form M, above)d. A copy of the Notice of Hearing bearing a certificate of service date of not

less than 20 days prior to the final hearing date, and containing the CORRECT

LOCATION AT WHICH THE HEARING WILL BE HELD.

e. Judge Campbell WILL NOT consider Affidavits of Non-Military Servicemade with personal knowledge signed by an attorney unless appropriate documentation is

attached, such as a Department of Defense, Manpower Database Search Summary.

DO NOT SEND AN ORIGINAL OR COPY OF THE NOTICE OF SALE.


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39. FORECLOSURES (Cancellations of Sales): If a Lender wishes to cancela sale, a written Motion to Cancel AND Reschedule Foreclosure Sale and proposed Order

Canceling and Rescheduling Foreclosure Sale must be filed in substantial compliance

with Florida Rule of Civil Procedure form 1.996(b) and Administrative Order 2010-025

PA/PI-CIR, which requires that the reason for the cancellation be included AND the

number of times that the sale has been canceled previously. You should fax a copy of theMotion and proposed Order to (727) 582-7806 and follow up with an original Motion,

Original Order, copies and envelopes, immediately thereafter.

40. FORECLOSURES (Writs of Possession): The moving party mayprovide the Court with the Motion for Writ of Possession along with copies of the

Certification of Notice to Tenants, Final Judgment of Foreclosure, and Notice of Sale, a

proposed Order Directing Clerk to Issue Writ of Possession and appropriate copies and

envelopes. Upon receipt of these items, the Court will consider entering an Order, ex

parte, without hearing.

41. FORECLOSURES (Substitution of Party): When submitting aSubstitution of Party Plaintiff PRIOR TO FINAL SUMMARY JUDGMENT, the

Plaintiffs counsel must include the appropriate documentation that supports the

allegations set forth in its Motion, including copies of assignments, etc. Absent the

appropriate documentation, regardless of whether the original is filed in the court file or

the public records, the entire package will be returned to the moving party, unsigned.


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APPENDIX A

Instructions for Setting Hearings in Section 11

Judge Campbell

Email: [email protected]

Email your request for hearing times to the above address. Once you receive

confirmation of the time and date from opposing counsel, please provide the

following:

1. Complete case number, including section and type of case2. Name of the Motion to be Heard3. The party who is bringing the Motion, i.e., Plaintiffs Hearing onDefendants Motion to Dismiss4. Date you have chosen5. Hearing time requested6. Amount of time requested7. Full name of the Plaintiff(s)8. Full name of the Defendant(s), including all defendants affected by or

noticed for the hearing

9. Plaintiffs attorneys phone number, including the FIRM NAME10. Defendants attorneys phone number, including the FIRM NAME. Please

include all attorneys attending the hearing and designate which defendant

they represent

11. Your full name and contact information, including email address12. State whether any party will be attending by phone. If so, you must file

a Notice of Telephonic Hearing and YOU CALL US at the time of the

hearing.


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13. Once hearing times are obtained and cleared with opposing counsel andyou send back an email requesting a confirmation of the date and time chosen, YOU

MUST AWAIT confirmation from the Judicial Assistant BEFORE submitting your Notice

of Hearing. The Judicial Assistant will confirm a hearing time with you usually within a

few minutes of your email, but at times it may take up to 24 hours. If you do not hear

back with a confirmation email within 24 hours, please email a reminder. In the event thedivision is closed for any reason, you will receive an automated email response which

will advise you as to when the division will re-open.

14. After the hearing is confirmed you MUST SEND A COURTESY COPYOF THE NOTICE OF HEARING AND THE MOTION TO BE HEARD. Judge

Campbell prefers to review files and motions ahead of the hearing time. In order to

assure full preparation for your hearing, this is imperative.


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APPENDIX B

Checklist for Residential Foreclosure Final Hearings

1. The Lender must deliver a foreclosure package to the Foreclosure CaseManager at least (5) five days prior to the final hearing date which includes thefollowing:

a. Proposed Uniform Final Judgment of Foreclosure (Form N, above), withself-addressed, stamped envelopes that include the return address of the firm providing

the documents. The SALE DATE SHOULD BE BLANK, the amounts should all be

filled in, the location of the sale shall be online and in accordance with

Administrative Order No. 2010-052 PI-CIR which may be viewed at


052.htm

b. Original Promissory Note (unless previously filed, in which case a copy ofthe notice of filing should be provided)

c. A copy of the Certificate of Compliance (Form M, above)d. A copy of the Notice of Hearing (must be mailed to other parties at least 20

days prior to the final hearing, with five days mailing time).


2. Double-check any defaults against the main parties to ensure that the non-military affidavits have been filed and that they have with them the Department of

Defense, Manpower Database Search Summary, which can be obtained free of charge

from the Department of Defense at the following web site:

https://www.dmdc.osd.mil/appj/scra/scraHome.do

3. In the event that ownership of the mortgage has changed since the inceptionof the lawsuit, please ensure that all transfers are accompanied by proper documentation

confirming the chain of title.

4. All stamped, self-addressed envelopes MUST CONTAIN YOUR FIRMSRETURN ADDRESS. We will NOT accept envelopes that are stamped and addressed to

defendants that do not have your firms return address.


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5. The Foreclosure Case Managers review each foreclosure package and filein detail and any files not in compliance with Florida Statutes, and all other applicable

rules and administrative orders, will be returned, unsigned, and will have to be re-set.

6. The most recent Administrative Order as of May 10, 2010, can be viewedat:http://www.jud6.org/LegalCommunity/LegalPractice/AOSAndRules/aos/aos2010/2010-

025.htm


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APPENDIX C

Checklist for COMMERCIAL Foreclosure Final Hearings

7. The Lender must deliver a foreclosure package to the Judge Campbell atthe St. Petersburg Judicial Building, 545 First Avenue North, Suite 302, St. Petersburg,Florida 33701, least (5) five days prior to the final hearing date which includes the

following:

a. Proposed Uniform Final Judgment of Foreclosure (Form N, above), withself-addressed, stamped envelopes that include the return address of the firm providing

the documents. The SALE DATE SHOULD BE BLANK, the amounts should all be

filled in, the location of the sale shall be online and in accordance with

Administrative Order No. 2010-052 PI-CIR which may be viewed at


052.htm

b. Original Promissory Note (unless previously filed, in which case a copy ofthe notice of filing should be provided)

c. A copy of the Certificate of Compliance (Form M, above)d. A copy of the Notice of Hearing (must be mailed to other parties at least 20

days prior to the final hearing, with five days mailing time).


8. Double-check any defaults against the main parties to ensure that the non-military affidavits have been filed and that they have with them the Department of

Defense, Manpower Database Search Summary, which can be obtained free of charge

from the Department of Defense at the following web site:

https://www.dmdc.osd.mil/appj/scra/scraHome.do

9. In the event that ownership of the mortgage has changed since the inceptionof the lawsuit, please ensure that all transfers are accompanied by proper documentation

confirming the chain of title.

10. All stamped, self-addressed envelopes MUST CONTAIN YOUR FIRMSRETURN ADDRESS. We will NOT accept envelopes that are stamped and addressed to

defendants that do not have your firms return address.


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11. Judge Campbell reviews each foreclosure package and file in detail and anyfiles not in compliance with Florida Statutes, and all other applicable rules and

administrative orders, will be returned, unsigned, and will have to be re-set.

12. The most recent Administrative Order as of May 10, 2010, can be viewedat:http://www.jud6.org/LegalCommunity/LegalPractice/AOSAndRules/aos/aos2010/2010-

025.htm


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APPENDIX D

ORDER COMPELLING RULE 1.360 EXAMINATION

Pursuant to Florida Rule of Civil Procedure 1,360, (Examinations ofPersons), Defendants counsel has notified Plaintiffs counsel that the Plaintiff,

_________, is requested to be present for a non-invasive medical examination as follows:

Examiner:

Address:

Date:

Time:

Scope:

THE FOLLOWING CONDITIONS ARE TO BE OBSERVED BY ALLPARTIES INVOLVED:

1. This examination is not a deposition so the examiner shall be limited to thatinformation reasonably necessary to conduct the specialty-appropriate examination and

evaluation of an individual, including a brief medical history as well as present

complaints. The examination is to be limited to the specific medical or psychological

conditions in controversy and unless modified by another court order, such examination

will be the only exam for the specific condition(s) or issues in controversy (without

limiting the possibility of multiple specialties). No invasive testing shall be performed

without informed consent by the Plaintiff/examinee, or further Order of Court.

2. The examinee will not be required to complete any lengthy informationforms upon arrival at the examiners office. The examinee will furnish he doctor with

name, address, and date of birth. Questions pertaining to how the Plaintiff was injured,

and where and how the Plaintiff sustained the injuries complained of, are permitted.

Questions pertaining to fault, when the Plaintiff hired his/her attorney, who referred the

Plaintiff to any doctor, and what the Plaintiff told his attorney or any investigators are

NOT permitted.

3. It shall be the defense attorneys responsibility to provide the examinerwith all medical records, imaging studies, test results, and the like, which the defense

wants the examiner to review and rely upon as part of the examination. Unless he or she

has exclusive control of any original records or imaging studies, Plaintiff shall not be

required to bring anything to the exam other than valid identification (e.g., Drivers

License, Official Florida Identification Card or government-issued Passport).


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4. Plaintiff is permitted to have his/her attorney (and spouse or parent, or otherrepresentative) present for the examination, provided that only one of these listed non-

attorney persons may attend. Such person(s) may unobtrusively observe the examination,

unless the examiner or defense counsel establishes a case-specific reason why such

persons presence would be disruptive, and that no other qualified individual in the areawould be willing to conduct the examination with such person present. In the case of a

neuropsychological exam, all observers shall watch and listen from an adjacent room if

available, or by video feed. If the examination is to be recorded or observed by others,

the request or response of the examinees attorney shall include the number of people

attending, their role, and the method(s) of recording.

5. Plaintiffs counsel may also send a court reporter or a videographer to theexamination, provided that claimants counsel notifies defense counsel at least 10 days in

advance of the identity, either by proper name or by title (e.g., videographer from XYZ

Reporting Service). It is the duty of the defense counsel to relay this information to theexaminers office personnel.

6. Neither Defendants attorney nor any of Defendants representatives mayattend or observe, record or video the exam. Only if the video is identified as

impeachment material for use at trial may the defense counsel obtain a copy. The

medical examiner shall not be entitled to any payment of an additional or accommodation

fee from the Plaintiff or his/her counsel, simply because of the presence of legally

permitted third parties. The Court shall reserve ruling as to whether such costs, if

imposed by an examiner, may be properly recoverable by the Defendant as a taxable cost,

or otherwise awarded by the Court.

7. If a videotape or digital recording is made of the examination by counselfor Plaintiff, it is considered work-product, and neither the defense nor the examiner is

entitled to a copy, unless and until same is designated as (or reasonably expected to

become) trial evidence, subject to discovery only upon a showing of need and undue

hardship. Use of the video or DVD is limited specifically to the instant litigation. At the

close of litigation, including any appeal, all copies shall be destroyed unless counsel

convinces the Court (and an order is entered) that there is some compelling reason for

either party, or the examiner, to retain a copy.

8. Neither Plaintiffs counsel, nor anyone else is permitted to be present, shallinterject themselves into the examination unless the examiner seeks information not

permitted by this Order. If Plaintiffs counsel speaks openly or confers privately with the

examinee, and this disrupts the exam or causes the examiner to terminate the

examination, counsel may be subject to sanctions.


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9. The report of the examiner shall be sent to Plaintiffs counsel, as requiredby Rule 1.360(b), within 30 days of the examination but in no event less than 21 days

before the beginning of trial, unless otherwise agreed between counsel for the parties or

ordered by the court due to special problems. Unless a Plaintiffs treating or retained

expert has revised or supplemented an opinion after his/her report or deposition, theexaminer shall not change, amend, or supplement the opinions set forth in said report

during any testimony (deposition or trial) he may give in reference to his examination of

the Plaintiff, without providing a supplemental rep0ort, which must be provided to

Plaintiffs counsel at least 15 days before trial. Violation of this provision may result in

the limitation or striking of the examiners testimony.

9(a) If the examination involves neuropsychological testing: In addition to the

report, the examiner shall provide all raw data, including copies of all notes, tests, tests

results, scoring, and test protocols, to Plaintiffs treating or retained psychologist or

neuropsychologist, who must return them to the defense examiner at the conclusion of thecase.

10. All protected health information generated or obtained by the examinershall be kept in accordance with HIPPA requirements and shall not be disseminated by

the examiner or defense counsel to any other person or entity not a party to this case

without a specific order from this Court.

11. Defense counsel must provide the examiner with a copy of this Order andexplain the need for the examiners compliance. As a condition of performing the

examination, the examiner shall agree to provide responses to FRCP 1.280(b)(4)(A)inquiries, once such interrogatories or Requests to Produce are propounded by Plaintiff.


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APPENDIX E

ResidentialForeclosure Final Hearings

STARTING JULY 12, 2010(See Appendix B for specific required items to be provided to the Court)

ALL RESIDENTIAL MOTIONS FOR SUMMARY JUDGMENTONLYWILL BE SET BEFORESENIOR JUDGES AND NOT THE DIVISION JUDGE. ALL NON-DISPOSITIVE MOTIONS

SHOULD BE SET BEFORE THE SECTION JUDGE AND NOT THE SENIOR JUDGE.

FOR JUDGE CAMPBELL IN ST. PETERSBURG THEY WILL BE SCHEDULED ONTuesdays and Fridays

with 60 cases at 9:00 am and 40 cases at 1:30 p.m.CALL (727) 582-7700 to schedule.

As of July 12, 2010, if you are setting a hearing in ST. PETERSBURG on a Motion forSummary Judgment of Foreclosure on a RESIDENTIALproperty (homestead or not)

you will CALL (727) 582-7700 to obtain available hearing dates and times.

ST. PETERSBURG MAILING INSTRUCTIONS

All residential foreclosure packages for any dates AFTER JULY 12, 2010, for St.Petersburg, even if they were already scheduled with Judge Campbells JudicialAssistant should be sent to:

By Overnight Service to:

St. Petersburg Judicial BuildingAttn: Foreclosure Case Manager545 First Avenue North, 5th Floor

St. Petersburg, FL 33701

By Regular Mail to:St. Petersburg Foreclosure Case Managers

501 First Avenue North, Room 633St. Petersburg, FL 33701

All HEARING LOCATIONS scheduled after July 12, 2010, for St. PetersburgResidential Mortgage Foreclosure Summary Judgment HearingsONLYshall be

noticed for:

St. Petersburg Judicial Building545 First Avenue North2nd Floor, Courtroom F

St. Petersburg, FL 33701


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APPENDIX F

Standing Trial Procedures Section 11

Pamela A.M. Campbell, Circuit Judge

PRE-TRIAL (General): Discovery cut-off is generally the pretrial date. The parties willsubmit to the Court ONE Uniform Pretrial Conference Order agreed upon by the parties

at least five (5) business days prior to the pretrial date. The pretrial conference date is a

mass motion calendar with all pretrials being scheduled at the same time on a given date

for that specific months trial docket.

PRE-TRIAL (Attorneys): THE COURT REQUIRES PERSONAL ATTENDANCE AT

THE PRETRIAL BY ALL PARTIES. Attendance by an attorney who will be at the trial

of the matter is required. The Court DOES NOT ALLOW telephone appearances at

pretrials.

TRIALS ( Pretrial Motions and Motions in Limine): Generally, Motions in Limine and

other pretrial motions are heard prior to the date of trial. The Court tries to keep time

slots available before the trial. The parties should review the Court schedule to determine

when they should be scheduled before the Pretrial Conference.

TRIALS Motions and Stipulations to Continue Trials. THIS COURT MAINTAINS A

FIRM POLICY REGARDING THE CONTINUANCE OF TRIALS in accordance with rule

2.540, Judicial Rules of Administration. The Court does NOT accept Stipulations for

Continuance with proposed Orders submitted by mail. Any Motion for Continuance,

even if by stipulation, must be set for hearing before the Court.

TRIALS (Motions for Summary Judgment): Motions for Summary Judgment in cases

that have been set for trial, must be heard at least 30 (thirty) days prior to trial or the

parties may waive their ability to have such a hearing. Caution: Attorneys intending to

have Motions for Summary Judgment heard prior to trial should review the courts

schedule early to ensure time availability.

TRIALS: Requesting a Trial Date. Submit a Notice that the Case is at Issue and Ready

to be Tried. In the Notice, you must include the number of days required for trial,

including jury selection, the type of case being tried and whether or not the case has been

to mediation. If it has been to mediation, then the notice should contain the date it went

to mediation and the outcome, i.e. impasse or partial settlement. The attorneys may agree

to specific trial week by joint stipulation; however, it is the attorneys responsibility to

contact the Judges office prior to entering into a stipulation to confirm date availability.


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TRIALS (Discovery Cut-off): Generally, the discovery cut-off is at pretrial, unless

circumstances require an alternative period. This issue may be addressed on a case by

case basis or by stipulation of the parties and the Judges approval. Any procedural

questions may be directed to the Judicial Assistant, preferably by email.

TRIAL (Experts): Except in ruling on an objection, the court should not declare that awitness is qualified as an expert or to render an expert opinion and counsel should not ask

the Court to do so. (Standard 17, Civil Trial Practice Standards of the Section of

Litigation of the American Bar Association 1998.) A judicial ruling that a proffered

expert is qualified prior to the time that counsel has posed a precise question eliciting

expert testimony is premature and, unless an objection is interposed, unnecessary.

TRIALS (DVDs, Powerpoint, Trial Graphics, Demonstrative Aids): All such evidence

shall be marked and identified, prior to the commencement of trial. Any special

audio/visual requirements should be directed to the Audio/Visual Department at (727)

464-7975 at least 10 (ten) days before trial.

TRIALS (Marking Evidence): Evidence shall be exchanged prior to trial. All evidence

is to be pre-marked in advance of its intended use by counsel. Whenever possible, the

parties shall provide the Court with an index of the exhibits to be used at trial by both

sides. Where possible it is preferred to mark the exhibits with the Clerk prior to utilizing.

TRIALS (Tangible Evidence): After showing the exhibit to opposing counsel, it may be

shown to the witness without first showing it to the Judge. If the Judge requests to see an

exhibit, counsel may hand it over directly to the Court, after requesting permission to

approach.

TRIALS (Memoranda, Trial Briefs, Case Law, etc.): Memoranda, trial briefs, case law,

proposed findings of fact and law are not required, but if it will facilitate the trial, they

are appreciated. They should be provided to the Court at least three (3) days prior to the

trial date.

TRIAL (Jury Instructions): Counsel for the parties are expected to confer prior to trial

regarding proposed jury instructions and be ready to present a copy of the proposed

instructions to the Court on the FIRST day of trial. If counsel intends to request the Court

to read during voir dire or at the beginning of the trial, proposed instructions should be

presented to the Court at the Pretrial Conference. The parties should also provide an

electronic copy to the court by sending it to the Judicial Assistant at [email protected]

in Word format.


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TRIAL CONDUCT:

Advise all parties and all witnesses to be appropriately dressed for

Court and to disable all pagers and cell phones prior to entering the courtroom.

Only bottled water is permissible in the courtroom.

Publication of exhibits and other evidence to the jury should be done

only with leave of Court so as to make the best use of trial time.

Counsel should not address each other except for perfunctory

matters such as stating the page and line of a deposition.

Attorneys should instruct clients and witnesses to refrain from

displaying pleasure or displeasure with arguments or evidence by gestures, facial

expressions or audible sounds.

If two or more lawyers represent a party, only one may question any

one witness.

Be extra careful to prevent the jury from seeing evidence or exhibits

before introduction into evidence. Be alert and do not leave documents and

exhibits exposed on the counsel table.

Please call EVERYONE, including your clients, by the formal Dr.

Reverend, Professor, Mr., Ms., Mrs. followed by the last name. This does notnecessarily apply to children.

At all times, please stand when speaking.

It is established law that attorneys are not to assert their personal

beliefs in general or their personal opinions on the justness of a cause, the

credibility of a witness or the culpability of a cause, or of a litigant.

The Court only allows direct, cross, re-direct examination.

Additional questioning is by court permission only.

The Court allows jurors to take notes and ask questions (in writing)

of witnesses. Jurors are instructed not to be distracted by note-taking and not to

give notes of another greater weight than their own recollection. You may make

your objections to juror questions at the bench. Please dont voice your objections

or the fact that you have no objection within the hearing of the jury.


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Voir Dire Format: Attorneys will inquire of the entire jury panel

seated in the gallery. A seating chart with juror names will be provided. The

Court will initiate voir dire questions and then counsel will follow with inquiry.

Objections:

Sidebar or bench conferences on objections or motions related to

evidentiary matters are not favored and will rarely be permitted, if at all.

Please do not make speaking objections. Objections in front of the

jury can be made in no more than five words and preferably in three.

Final Argument: The time available to you for final arguments will

be limited and set by the Court.

Arguments are limited to matters in evidence and all inferencesreasonably to be drawn from the evidence together with references to matters of

common knowledge.

PLEASE DO NOT:

Testify in the guise of argument or assert your personal belief. Do not suggestthat you have personal knowledge of matters outside the evidence.

Make golden rule arguments requesting the jury put itself in the place of theparties.

Imply the judge favors one side or the other by a judicial ruling or otherwise. Elicit feedback, or any direct or immediate response of a juror. Appeal to sympathy, bias, or prejudice or seek to inflame the jury by arousing

feelings of hatred or distrust. It is not the jurys duty to send any message.

You may argue and use the jury instructions during closing, so long

as they are recited accurately and in context.

TRIAL (Settlement): It is the responsibility of all parties to an action to contact the

Judges office either by phone or email to advise of the settlement of a case. The parties

should also advise the Court if there are any future hearings set on a matter that can be

removed from the Courts calendar.


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NON-JURY TRIALS: When requesting a date for a Non-Jury Trial, please submit a

Notice to Set Non-Jury Trial with notice to all parties. As with jury trials, these cases

must go to mediation prior to being set for trial. Your Notice should indicate that number

of hours or days that are requested, the type of case being tried and the date that the case

went to mediation and reached an impasse. Upon receipt and confirmation that the case

was mediated, the court will enter an Order Setting Pretrial Conference and Non-JuryTrial.


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Alphabetical Index by Subject

DescriptionParagraph

Number

Appendix A Instructions for Setting Hearings

Appendix B Checklist for Residential Foreclosure Hearings

Appendix C Checklist for Commercial Foreclosure Hearings

Appendix D Order Compelling Rule 1.360 Examination (IME/CME)

Appendix E Residential Foreclosure Hearings Addresses

Appendix F Trial Procedures

Bankruptcy Foreclosures 35

Certificate of Compliance Foreclosures 36

CME 13

Commercial Property Foreclosures 32

Compel Motions 10

Compliance Certificate of Compliance in Foreclosures 36

Continuance Trials 17

Demeanor Courtroom 1

Depositions (Disputes) 3

Disagreements Proposed orders 8(c)

Discovery Cut off for trials 20

Emergency Hearings 7

Evidence Trials 25

Expedited Hearings 6

Experts Trial 21

Final Argument 27

Final Judgment Package Foreclosures (Appendix E) 38

Foreclosures Appendix B, C and E App. B,C,E

Foreclosures Bankruptcy 35

Foreclosures Cancellation of Sales 39


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Number

Foreclosures Certificate of Compliance 36

Foreclosures Commercial Property 32

Foreclosures Commercial Property 33

Foreclosures Notices of Sale 34

Foreclosures Packages (Appendix E) 38

Foreclosures Residential Property Final Hearings 30

Foreclosures Residential (non dispositive Motions) 31

Foreclosures Sale Cancellations 35

Foreclosures Substitution of Party 41

Foreclosures Uniform Final Judgment 37

Foreclosures Writ of Possession 40

Hearings Emergency 7

Hearings Expedited 6

Hearings Telephonic 5

Hearings (Appendix A) 2

IME 13

Jury Instructions 27

Limine- Motions 16

Marking Evidence Trials 24

Mediation 9

Motion for Summary Judgment Trials 18

Motions Compel 10

Motions Pretrial 16

Motions Withdraw 11

Motions in Limine 16

Multimedia Trials 22


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Number

Non-Jury Trials 29

Notices of Sale Foreclosures 34

Objections at Trial 27

Orders Disagreements 8(c)

Orders Envelopes 8(d)

Orders Proposed 8

Orders proposed 8(c)

Pretrial Attorneys 15

Pretrial General 14

Pretrial Motions and Motions in Limine 16

Professionalism 1

Proposed Orders 8

Sale Cancellations 56

Sales Notices for Foreclosure 34

Settlements 28

Substitution Counsel 12

Substitution of Party Foreclosures 41

Tangible Evidence Trials 25

Telephone Hearings 5

Trials Conduct 27

Trials Continuance 17

Trials Dates 19

Trials Discovery Cut off 20

Trials DVDs or other multimedia 22

Trials Experts 21

Trials Final Argument 27


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Number

Trials Jury Instructions 27

Trials Marking Evidence 23

Trials Memos of Law and Trial Briefs 26

Trials Motions for Summary Judgment 18

Trials Non-Jury 29

Trials Objections 27

Trials Settlement 28

Trials Tangible Evidence 25

Uniform Final Judgment of Foreclosure 37

Uniform Motion Calendar 4

Withdraw Motions 11

Writ of Possession Foreclosures 40

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