Newton-Practice-Preferences-Feb-2023.pdf

Honorable Cynthia Newton

Section 13 – CIVIL Division

545 1

Ave. North #402

St. Petersburg, FL 33701

727-582-7917

Email for Section 13 – Section[email protected]

Judicial Practice Preferences

(as of April 30th, 2024)

IN ORDER TO PROVIDE YOU WITH THE BEST SERVICE POSSIBLE, WE HANDLE

ALL COMMUNICATION BY EMAIL

Attention Pro Se litigants

The Judicial Assistant CANNOT answer legal questions, or “explain” things to the Judge.

Your opportunity to speak to the Judge happens in Court only. The Clerk of the

Court has a Self Help Program for self-represented litigants in the St. Petersburg

Judicial Building. Gulfcoast Legal Services may be reached in St. Petersburg (727)

821-0726 or Clearwater (727) 443-0657. Bay Area Legal Services is available at 1-

(800)-625-2257. Lawyer referral services of the St. Petersburg and Clearwater Bar

Associations may be contacted at (727) 821-5450 and (727) 461-4880, respectively.

*NEW REQUIREMENT*

Mandatory Case Management and Resolution

The Supreme Court of Florida amended its COMPREHENSIVE COVID-19

EMERGENCY MEASURES FOR FLORIDA TRIAL COURTS, AOSC20-23, by provisions

in Amendment 11 which directed chief judges to issue administrative orders

requiring presiding judges in specifically defined civil cases to issue case

management orders that contain deadlines for completing certain pretrial

matters and setting trial dates consistent with the time standards specified in the

Florida Rules of General Practice and Judicial Administration 2.250(a)(1)(B) for the

completion of civil cases.

The Supreme Court AOSC20-23, in Amendment 11, section III. G. (on pages 16

through 21) sets forth specific provisions for Case Management and Resolution

that include provisions applicable to the existing civil backlog of cases. These “civil

cases” are defined (in footnote 13 on page 16) as actions to which the Florida

Rules of Civil Procedure apply.

(copy link below to read AOSC20-23)

https://www.floridasupremecourt.org/content/download/731687/file/AOSC20-

23-Amendment-12.pdf

1) Administrative Order 2021-012 PA/PI-CIR RE: AOSC20-23 MANDATORY REVIEW

OF PENDING CIVIL CASES AND SUBMISSION OF AGREED CIVIL CASE

MANAGEMENT ORDERS.

(copy link below)

https://jud6.org/LegalCommunity/LegalPractice/AOSAndRules/aos/aos2021/2021

-012.pdf

2) Administrative Order 2021-017 PA/PI-CIR RE: MANDATORY CIVIL CASE

MANAGEMENT ORDERS FOR CIVIL CASES FILED ON OR AFTER APRIL 30, 2021

(copy link below)

https://www.jud6.org/LegalCommunity/LegalPractice/AOSAndRules/aos/aos2021

/2021-017.pdf

Exhibit B -

https://www.jud6.org/LegalCommunity/LegalPractice/AOSAndRules/aos/aos2021/2

021-017ExhibitBFill-inForm.pdf

The Sixth Judicial Circuit Chief Judge Anthony Rondolino signed,

Links to these documents are also available on the Sixth Circuit’s homepage at

www.jud6.org .

The number of cases presently pending in each judge’s section that must be

coordinated, scheduled, and noticed for case management conference far exceeds

the amount of time presently available on the judge’s docket. Litigants and counsel

have been advised of the fact that the presiding judges may be forced to issue case

management orders in cases without a noticed hearing and without any input from

the litigants. SUBMITTING AN AGREED MANDATORY CIVIL CASE MANAGEMENT

ORDER: Proposed case management orders in some cases may be uploaded to the

JAWS for the county where the case is located. Presiding judges may accept and sign

such orders as they deem appropriate. Approved Agreed orders will rescind prior

orders or mandatory orders issued without notice and hearing. Prior to submitting

an order to the section judge, you are encouraged to review the section judge's

practice requirements.

SCHEDULING A CASE MANAGEMENT CONFERENCE pursuant to AOSC20- 23:

If the parties are unable to agree upon a Case Management order then they may

schedule a Case Management Conference in JAWS. Please use the ”ORDER SETTING

TELEPHONIC CASE MANAGEMENT CONFERENCE pursuant to AOSC20-23” template,

once completely filled out you must upload the Order Setting CMC to JAWS in PDF

format, do not leave any blanks. Please be sure to associate all emails in JAWS so all

parties on the service list receive notifications and conformed copies.

COUNSEL MAY NOT CANCEL/RESET A CASE MANAGEMENT CONFERENCE SET PER SC

ORDER AOSC20-23

*SECTION 13 DOES NOT SCHEDULE HEARINGS VIA JAWS*

TO SCHEDULE HEARINGS: (INCLUDING EMERGENCY/EXPEDITED

HEARINGS)

Motions must be filed and docketed with the Clerk of Court and provided to the

opposing side BEFORE scheduling for a hearing. When a motion is filed, it is not

docketed immediately. It may take up to 72 hours to be docketed.

Email your request to the JUDICAL ASSISTANT, JOHN GAETA at

SECTION13@JUD6.ORG

Please put OUR case number and the style of the case in the Subject Line

In the body of the email:

Motions requesting to be heard and when it was filed

Amount of time you are requesting

Name of the attorneys and the parties they represent and/or pro se parties

Any evidence, case law, etc., that you wish for Judge Newton to review or

have at the time of the hearing, must arrive no sooner than the week prior

to the hearing and no later than the Thursday of the week prior to the

scheduled hearing at the St. Petersburg Judicial Building. DO NOT EMAIL.

Judge Newton will not view the email and documents will not be printed.

For security purposes, the Court does not accept flash drives per Court

technology.

Evidence/Exhibits should also be filed via the Clerk’s e-portal prior to the

hearing. After the hearing, the attorney should prepare a Notice of Filing

stating the evidence number, title and docket number of the item that was

entered into evidence by the Judge and file the Notice via the e-portal.

Emergency Motions

Be sure to include URGENT-EMERGENCY MOTION in the subject line of your email

for immediate attention. Otherwise, emails are answered in order in which they are

received.

Emergency motions will not be set for hearing on an emergency basis unless the court

deems it to be an emergency. When attorneys e-file an emergency motion, the Clerk

does not forward it to the Judge’s office and accordingly, the Judge or JA is not aware of

the filing. It is the attorney’s responsibility to contact the Judge’s office and provide the

Judge with a copy of the motion. If granted, a hearing will be set at date and time the

Court Dictates. If counsel is not available at the time the Court picks for hearing then it

is not an emergency. Opposing counsel/party is to be provided with Motion in same

manner as the Court, unless reasons for no notice stated.

Pro se emergency motions ONLY are forwarded to the Judge’s office by the Clerk.

Motions for Rehearing/Reconsideration WILL NOT be set for hearing unless the

Court decides one is required. Please send a copy of the motion to the Judge. When e-

filed, the Judge or JA is not aware of the filing.

Notice of Hearing. Must state what is being heard. DO NOT NOTICE WITHOUT

CONFIRMATION FROM JA.

Any evidence, case law, etc., that you wish for Judge Newton to review or

have at the time of the hearing, must arrive no sooner than the week prior

to the hearing and no later than the Thursday of the week prior to the

scheduled hearing at the St. Petersburg Judicial Building. DO NOT

EMAIL. For security purposes, the Court does not accept discs or flash

drives per Court technology.

Evidence/Exhibits should also be filed via the Clerk’s e-portal prior to the

hearing. After the hearing, the attorney should prepare a Notice of Filing

stating the evidence number, title and docket number of the item that was

entered into evidence by the Judge and file the Notice via the e-portal.

Cross Notices. Motion must be approved to add by opposing and Judicial Assistant. DO

NOT NOTICE WITHOUT APPROVAL.

Copies to/Service List: Section should ALWAYS set forth either the individual names

of the recipients/attorneys OR refer to an Attached Service List. It should NEVER state

“All Parties” or “Attorneys of Record.” The addresses for the attorneys do not need to

be included; however, the address of any non-party must be included. Each attorney’s

name should be followed by their eservice address.

CANCELLATION OF HEARINGS

If your case settles, email John at [email protected] to cancel any hearings that may be

scheduled. The mere filing of a Stipulation of Dismissal is not adequate notice to the court

that a case set for trial has been resolved. (UNDERSTAND THAT FILING A “NOTICE

OF CANCELLATION” IS NOT A REQUIREMENT OF LAW AND DOES NOT

CANCEL THE HEARING WITH THE JUDGE’S OFFICE.)

Stipulated to/Agreed Upon Orders ONLY

Proposed orders that are stipulated to/agreed upon by all parties/both sides may be

uploaded to JAWS and will be reviewed and signed with Judge Newton’s electronic

signature. If more than one agreed order is needing to be signed, they must be uploaded

separately. You must also upload an explanatory cover letter and every proposed order

MUST state whether Opposing Counsel has agreed with the form and content. All

documents are to be uploaded as PDF documents. The instructions for uploading orders

are as follows:

1. JAWS submissions of proposed orders to the court should consist of two

uploads:

a. The order or judgment to be reviewed and signed, and nothing else, goes

in one location.

b. Everything else goes in the other upload location - namely, the

information that shows the judge why the order should be signed (i.e.:

cover letter and motion or stipulation, plus exhibits, if necessary). These

are all uploaded as a single document.

Motions, stipulations, and supporting documents must be filed via the

Clerk of Court’s e-portal and viewable prior to submitting them to JAWS.

If Judge Newton receives a proposed order and the documents are not

viewable, the order will be rejected.

2. It should never be necessary to make a duplicate upload. These create many

problems. If there is a problem with uploading, contact the JAWS Help Desk,

727-453-4357.

3. DO NOT submit proposed orders on JAWS in advance of a scheduled hearing

unless specifically requested by the Judge.

4. Helpful tips:

a. Your cover letter shall include express confirmation by a member of the

Florida Bar that the proposed order has been shared with all other non-

defaulted parties, and that they have no objection as to its form and content.

(If there is an objection, submit

the order via US mail with an explanatory

cover letter.)

b. If your order is based on the Judge's ruling after a hearing, state that fact,

including the date of the hearing.

Electronically conformed copies will only be provided to the email addresses, which

have been properly associated to the case in JAWS. It is the responsibility of the party

uploading a proposed order to confirm that all email addresses have been added to

JAWS. The JA and the Clerk DO NOT maintain the associated party database.

All other orders should be sent in via US mail, Fed Ex, UPS or had delivered with enough

copies. As provided by the Standards of Professional Courtesy for the Sixth Judicial

Circuit ADMINISTRATIVE ORDER 2015-052 proposed orders shall be submitted to the

judge with a cover letter stating whether opposing counsel agrees, or objects, to the

proposed Order – or, that opposing counsel was given the opportunity to object to the

proposed Order, but did not. Transmittals of proposed orders should always reference

the date of hearing if there was a hearing. Draft orders should have page breaks such

that part of the body of the order is included on the signature page. The Court will not

hold orders pending objections. Sufficient copies and stamped, addressed envelopes

(WITH YOUR FIRM’S RETURN ADDRESS) must be provided. (DO NOT STAPLE

ENVELOPES TO THE ORDERS) If only the original is submitted, copies will not be

provided. If the parties cannot agree on a proposed order, they should submit all the

proposed orders simultaneously in one combined mailing.

Copies to/Service List: Section should ALWAYS set forth either the individual

names of the recipients/attorneys OR refer to an Attached Service List. It should

NEVER state “All Parties” or “Attorneys of Record.” The addresses for the

attorneys do not need to be included; however, the address of any non-party must

be included. Each attorney’s name should be followed by their eservice address.

DO EVERYTHING POSSIBLE TO MAKE YOUR ORDER ON ONE PAGE. If more than

one page, the second page MUST NOT contain only the Judge’s signature. Additional

pages must contain at least a reference to the case number and also all pages must be

numbered.

MOTIONS THAT DO NOT NEED TO BE SET FOR HEARING

(Motions – No Hearing Needed)

Motions to Compel (no response): ADMINISTRATIVE ORDER 2020-011 If the

Motion is pertaining to any type of discovery that has been propounded to which no

response has been received AFTER a documented good-faith effort has been made to

obtain the discovery. DO NOT ATTACH A COPY OF THE DISCOVERY WHEN

SENDING TO THE COURT, but DO ATTACH a copy of the good-faith effort

documentation. You do have to attach a copy of the discovery to the Motion that is

being e-filed and sent to opposing counsel.

When to Set Hearing on discovery: If at the end of the time allowed for the extension

the documents/answers have not yet been provided, the requesting party may then file

a Motion to Compel or for Contempt/Sanctions which may then be set for hearing, with

notice to all parties. The Motion shall contain language confirming that an extension

was provided, the extension time has passed and there has still been no response at all –

if a response was filed and you are requesting “better” answers or responses, then that

is a separate Motion (Motion to Compel Better Responses to Discovery) and that motion

must be submitted pursuant to A.O. 2020-012.

Motions for Extension of Time

Section 13, Judge Newton, will not be setting hearings on Motions for Extension of Time

to Respond to the Complaint nor Motions for Extension of Time to Respond to

Discovery. The availability of hearing time on our calendar is such that it would render

a hearing time on any motions for extension of time as moot. The Court expects

attorneys to demonstrate professional courtesy in providing an Order to this office

allowing for at least a 20 day extension of time for either discovery or a response or

answer to a complaint to be filed.

Motions to Reschedule Foreclosure Sale: If a request is being made by the PLAINTIFF

to ONLY re-set a foreclosure sale that was previously canceled and not re-set, due to

bankruptcy or due to the borrower’s default on an agreement and inability to qualify

for a modification, please submit the original Motion through the eportal and then

provide a copy of the Motion to me along with a proposed Order (be sure the Order has

a place for the new date and the time should ALWAYS be 10:00 a.m.) The Order must

also have the website address for the sale: www.pinellas.realforeclose.com . Please

provide adequate number of copies of the Order, and envelopes (WITH YOUR FIRM’S

RETURN ADDRESS) directly to me at the address located at the top of this document.

There should be one for the Judge to sign that is filed with the Clerk and one copy for

each of the addresses listed on your certificate of service.

MORTGAGE FORECLOSURE CASE PROCEDURES

Please visit the Sixth Judicial Circuit website at www.jud6.org for the latest information

regarding foreclosure cases. The procedures established in Administrative Order 2019-004

PA/PI-CIR should be followed in mortgage foreclosure cases filed in Pinellas County.

Foreclosure Motions for Summary Judgment. To schedule a Foreclosure Motion for

Summary Judgment, contact John at SECTI[email protected] for dates. Attendance is

via Zoom. Summary Judgment Packets may be mailed no sooner to Judge Newton 3-5

days prior to the hearing.

Foreclosure Non-Jury Trials. To schedule a Non-Jury Trial (Residential or Commercial

and contested or uncontested), contact John at SECTION13@JUD6.ORG for dates.

Attendance is via Zoom. Non-Jury Trial Packets may be mailed no sooner to Judge

Newton 3-5 days prior to the hearing. (ATTACHEMENT A)

Court files/Orignial Note

Court file(s)/Original Note will NOT be ordered for the trial. If you want the

Judge to have the court file(s)/Original Note for the trial, please make sure

to request them AT LEAST ONE WEEK IN ADVANCE. Failure to make

prior arrangements for these file(s) to be available at trial will not be grounds

for a continuance.

To order the court file(s)/original note, please follow the below instructions:

1. Use civilatty@pinellascounty.org email address only

2. Subject line: “File(s)/Original Note and/or Mortgage needed for

foreclosure hearing in Section 13-Judge Newton”

3. Mark as “High Priority”

4. Body of email: Provide case number, style of case, date of hearing,

which volume(s) needed and identify that the files are for Section 13

Sale Cancellations.

Sale Cancellations. Parties shall comply with the provisions of A.O.

2019-004. For text of entire AO go to www.jud6.org .

The sale date set by the judgment can only be canceled and rescheduled by Court

order. Any motion or request to cancel this sale must be served on all parties in

conformity with Florida Rule of Civil Procedure 1.080(a). A violation of any party’s

due process rights will subject the movant and/or counsel to sanctions. See Jade

Winds v. Citibank, 63 So. 3d 819 (Fla. 3d DCA 2011). The Court may grant an ex-

parte cancellation without hearing, if ALL parties agree.

If a Plaintiff wishes to cancel a sale, a written motion must be filed with the Court

in substantial compliance with Florida Rules of Civil Procedure Form 1.996(c). The

motion also must state the number of times the Plaintiff has previously requested

the cancelation of a sale and must include an affidavit with supporting grounds

for the motion. Because of the advent of online sales, publication in a newspaper

is not as necessary as it once was. Therefore, the mere failure to publish a notice of

sale is not a ground for canceling the sale. (ATTACHMENT B)

WRITS OF POSSESSION.

Because Section 83.561, Florida Statues, now affects residential premises, a Court Order is

required before the Clerk will issue a writ of possession.

Writs of possession may be considered ex parte by following the procedures applicable

to writs of possession in A.O. 2019-004 PA/PI-CIR.

You will be notified by our office if a hearing is necessary.

When submitting paperwork, please include an email address and phone number to be

contacted should a hearing be necessary.

ASSIGNMENT OF FINAL JUDGMENT AND CREDIT BID:

As provided by the Uniform Final Judgment, assignment of the FINAL JUDGMENT

AND CREDIT BID prior to the sale does not require a court order.

Assignments prior to sale MUST have the following language: “the Plaintiff assigns the

judgment and credit bid to (name of assignee.)”

ASSIGMENT OF BIDS, SUCCESSFUL BIDS, SALE, AND CERTIFICATE OF SALE:

PLAINTIFF MAY NOT ASSIGN BIDS OR SUCCESSFUL BIDS THAT TAKE EFFECT

AFTER THE SALE.

All purported assignments of bids or successful bids are a nullity if they are to take effect

after the sale.

By operation of law, these are assignments of a sale or a certificate of sale.

Assignments of a sale or certificate of sale require a court order.

MOTIONS TO BE CONSIDERED UPON WRITTEN SUBMISSION

(AO 2020–012)

DO NOT SUBMIT MOTION PER A.O. 2020-012 AND ALSO REQUEST A

HEARING

You MUST let the opposing party know that you will be submitting the motion per the

A.O.

Read below procedures

In addition to motions that have been customarily considered ex parte (e.g., motions for

judicial default, motions to compel pursuant to Administrative Order 2020-011, etc.),

certain other motions may be decided based solely upon written submissions pursuant

to ADMINISTRATIVE ORDER 2015-056 and ADMINISTRATIVE ORDER 2020-012. As

provided by the AOs, after being served with such motions, the nonmoving opposing

party shall have 15 days to file any written response, after which the court may rule

without further notice or hearing.

You MUST let the opposing party know that you will be submitting the motion per the

A.O.

The following motions shall generally be considered on written submissions:

Motions for Default

Motions for Mediation

Motions to Withdraw (must comply with Fla.R.Jud.Admin. 2.505)

Motions to Compel

Motions to Strike

Motions for Extension of Time

Motions to Dismiss

Motions for Substitution of Counsel (must comply with Fla.R.Jud.Admin. 2.505)

Motions for Substitution of Party Plaintiff

Motions to Substitute Counsel (must include client consent)

Motions to Add Party, Motions to File Amended Complaint

Motions to Continue Non-Jury Trials

Parties may, by stipulation only, waive hearing on other non-evidentiary motions and

request the court rule on written submissions alone. Conversely, parties may by

stipulation, or motion, request oral argument on any motion otherwise subject to this

procedure. The court will consider such requests without hearing and advise the parties

if a hearing should be scheduled.

DO NOT SUBMIT MOTION PER A.O. 2020-012 AND ALSO REQUEST A

HEARING

Procedures: File and serve motions without contacting the court initially. When

fifteen (15) days have passed after service on opposing parties, then send via US

mail/Fed Ex/UPS to the court:

1. A cover letter in compliance with AO 2020-012. A copy to all opposing

party(ies).

2. A courtesy copy of the motion

3. Any supporting material of record

4. Copies of any material served in response by another party

5. A PROPOSED ORDER

6. Self-addressed stamped envelopes with conforming copies for all parties.

OTHER MOTION PRACTICES

Withdrawal or Substitution of Counsel:

Rule of Judicial

Administration 2.505 requires a “motion and hearing” for withdrawal of

counsel. Judge Newton will forego a live hearing and deem this requirement

adequately complied with if, and only if, there is filed a Stipulation for

Withdrawal signed by both the client and all counsel. The same rule requires

that all substitutions of counsel be “signed off” by the client. Orders granting

withdrawal must include the complete address, e-mail address and telephone

number where future correspondence and pleadings may be sent to the client.

COMPULSORY MEDICAL EXAMINATIONS

: In order to resolve

most CME issues, the Court has a standard Order which can be submitted

with a Motion on an ex parte basis with a cover letter setting forth that

opposing counsel has reviewed it and has no objection to the form or entry.

Attached is a copy of the form Order preferred by Judge Newton.

(ATTACHMENT C)

Motions for Summary Judgment/Final Judgment (even

Defaulted)

All Motions for Summary Judgment/Final Judgment must be

set for hearing with the required statutory notice to all parties.

MOTIONS FOR JUDICIAL DEFAULT

: Motions for Judicial Default

can be submitted and considered:

1) On an ex parte basis as long as a Motion for Clerk’s Default was

submitted to the Clerk but not entered. A cover letter must be

submitted stating why a Clerk’s Default was not entered.

2) If an extension of time was granted and at the end of the extension time

for a responsive pleading or answer to a complaint, that has been

nothing filed, AND the order allowing the extension of time contains

language that a default may be entered without further notice, then a

copy of the Plaintiff’s ex parte Motion for Judicial Default (confirming

an Order allowing an extension was provided) may be sent to the

Court by regular U.S. Mail along with a copy of the Affidavit of Non-

Military Service and attached DOD confirmation, the proposed Order,

copies and envelopes (WITH YOUR FIRM’S RETURN ADDRESS).

If the Order entered for the extension of time for a responsive pleading

or answer to a complaint did not contain language that the default may

be entered without further notice, then a Motion for Judicial Default

based upon the other party’s non-compliance MUST be filed and set for

hearing with notice to all parties.

WRITS OF GARNISHMENT

Orders for continuing writs of garnishment must be mailed directly to the

judge’s office. Please provide enough copies to conform and envelopes.

Here is a link to the Clerk’s website which provides limited directions to the

public and attorneys.

https://www.mypinellasclerk.org/Home/Civil-Court#49948-judgments - ‘The

judgment creditor files a Motion for a Continuing Writ of Garnishment and

pays the applicable garnishment fees through the e-Filing portal. Then the

creditor forwards the Continuing Writ of Garnishment Order directly to the

judge's office for review by the court. Only a judge can issue a Continuing

Writ of Garnishment.’

Ex Parte Motions

(in accordance with AO 2020–012)

Counsel seeking consideration of a matter ex parte should always provide the

Court with courtesy copies of a motion and any supporting materials such as

affidavits with their proposed orders, service copies, postage-paid envelopes,

and an appropriate cover letter signed by a member of the Florida Bar, not a

staff member.

JURY TRIAL CALENDAR

ST. PETERSBURG JUDICIAL BUILDING

(Clearwater Courthouse does not have the same schedule)

CONTACT JOHN AT SECTIO[email protected] FOR JURY TRIAL

DOCKET

A JURY TRIAL DATE WILL NOT BE SET UNTIL THE PARTIES HAVE

MEDIATED

Jury selection is on the first Monday of the jury trial docket.

PRE-TRIAL AND JURY TRIAL PRACTICE

All Exhibits shall be properly & clearly marked, divided, and placed in a

binder.

All pertinent Case Law, Legal Authority should be highlighted.

Originals should be filed with the Clerk of Court, a copy provided to opposing

counsel/party, and a copy to the Court.

Prior to Pre-trial, please email the judicial assistant a copy of the

Pre-trial Order and bring hard copies with you.

Prior to Trial, please submit Jury instructions and verdict forms

by hard copy via U.S. Mail or other delivery means. Also, please e-

mail a courtesy copy of the Jury Instructions and Verdict Forms in

word format to the Judicial Assistant the week of trial for changes, if

necessary.

MARKING EVIDENCE TO BE USED AT TRIAL: Exchange evidence

prior to trial. All evidence is to be pre-marked in advance of its intended

use by counsel. The clerk will mark exhibits as they are received into

evidence. Counsel should not waste trial time looking at evidence for

the first time. The parties should be prepared at the very beginning of

the trial to move most of the exhibits into evidence by stipulation. This

procedure does not waive any relevancy arguments or guarantee that

the evidence will be received and/or considered by the Court and/or

jury

For security purposes, the Court does not

accept flash drives per Court technology.

* Attention Lawyers *

Courtroom facilities & equipment for Jury Trial:

To know what audio/video equipment is available and to schedule training on how to

use of any audio/video equipment maintained by the court, please call 727-453-7928.

Appointments should be made at least 7 days in advance of the proceeding.

Scheduling Jury Trials

Mediation is required before a trial date will be given. Notice to Set Cause for Jury Trial

needs to be filed. After the parties have mediated, you may contact the JA for

available jury trial dockets. Once a date is agreed upon, contact the JA and he will

calendar the trial and prepare the order setting the pretrial/jury trial. If the parties

cannot agree on a trial date, schedule a hearing with the JA for that purpose.

Order Setting Pretrial Conference and Jury Trial

ADMINISTRATIVE ORDER 2019-025: The discovery cutoffs and deadlines provided by

this order are binding, as are the provisions for counsel to meet to resolve minor

evidentiary problems and to provide the court a proposed Pretrial Conference Order

prior to the PTC.

Motions to Continue Trial

Motions to Continue Trial must be set for a hearing. These motions must be signed by

the client, as provided by Rule 1.460. When providing such motions, ALWAYS inform

the Judicial Assistant whether opposing has an objection or not.

Motions in Limine

Motions in Limine will be heard the morning of trial unless hearing time prior to trial is

approved by the Court. Any anticipated Motions for Summary Judgment should be

scheduled EARLY. Everyone is aware of the increase in volume of cases in the civil division

and the difficulty in obtaining hearing times at the last minute. Failure to hear such motions

is not a basis for a continuance.

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 do so early. You may schedule a hearing time prior to pretrial/trial date. We do

require that the motion be filed before scheduling these hearings.

NO GUARANTEE THAT TIME WILL BE AVAILABLE TO HEAR MOTIONS FOR

SUMMARY JUDGMENT PRIOR TO PRETRIAL OR TRIAL IF EITHER PARTY WAITS TOO

LONG. In the event that the Motion(s) cannot be heard prior to pretrial/trial because of

unavailability of time on the Court’s calendar due to procrastination, then the Court may

consider the party to have waived their ability to have said Motion(s) heard. The Court is

offering you an opportunity to reserve time right now, so there should not be any reason for

not being able to secure a timely hearing date.

TRIAL (SETTLEMENT)

It is the responsibility of all parties to an action to contact the Judge’s office 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 Court’s calendar.

ATTACHMENT A

IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT

IN AND FOR PINELLAS COUNTY, FLORIDA

CASE NO.: _____________________

Plaintiff(s),

vs.

Defendant(s).

____________________________________/

ORDER SCHEDULING NON-JURY TRIAL

THIS CAUSE being at issue and the Court being otherwise fully advised in the premises, it

is;

ORDERED AND ADJUDGED that a Non-Jury Trial in the above-styled cause is hereby

scheduled on __________________________ at ______ a.m. / p.m. before the Honorable

Cynthia Newton, Circuit Judge, at the St. Petersburg Judicial Building, 545 First Avenue North,

Room 402, St. Petersburg, FL 33701. All parties or their representatives named herein and their

counsel, if any, shall attend the Non-Jury Trial, in person. The Court will have only an electronic

file available at the Non-Jury Trial. It is counsel’s responsibility to bring any hard copy

documents that may be needed at trial. Failure to make prior arrangements for these

documents to be available at trial will not be grounds for a continuance. It is further;

ORDERED AND ADJUDGED that at least 30 days before the Non-Jury Trial, counsel for all

parties, and any pro se party, must serve a list of the names and addresses of all lay or expert

witnesses who are expected to testify at trial, whether for substantive, collaborative,

impeachment or rebuttal purposes, as well as a list of all exhibits which are expected to be

admitted at Trial, whether for substantive, demonstrative, collaborative, impeachment or

rebuttal purposed. Witnesses and exhibits not listed as described above may not provide

testimony or may not be admitted at trial except by stipulation of all parties or as allowed by

order of the Court.

DONE AND ORDERED at St. Petersburg, Pinellas County Florida on this _____ day of

____________, 20___.

_________________________________

CYNTHIA NEWTON, Circuit Judge

If you are a person with a disability who needs any accommodation in order to participate in this proceeding,

you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Human Rights

Office, 400 S. Ft. Harrison Ave., Ste. 300, Clearwater, FL 33756, (727) 464-4062 (V/TDD) at least 7 days

before your scheduled court appearance, or immediately upon receiving this notification if the time before the

scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711.

(ORDER MUST HAVE A SERVICE LIST ATTACHED)

ATTACHMENT B

IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT OF

THE STATE OF FLORIDA IN AND FOR PINELLAS COUNTY

CIVIL DIVISION

XX-XXXXXX-CI-13

Plaintiff,

Defendant.

______________________________________/

ORDER ON PLAINTIFF’S MOTION CANCELLING (date of sale) FORECLOSURE

SALE AND RESCHEDULE FORECLOSURE SALE

THIS CAUSE came before the Court on Plaintiff’s Motion to Cancel the Foreclosure

Sale Scheduled for __________________. There have been __________ prior cancellations of

sales in this case and the Court being fully advised rules as follows:

It is hereby ORDERED

_______ Plaintiff’s motion is denied.

_______Plaintiff’s motion is granted. The foreclosure sale is hereby cancelled.

_______Plaintiff’s motion is granted. The foreclosure sale is hereby cancelled. The new sale

date shall be ____________________________ at 10:00 a.m. The sale will be conducted at

www.pinellas.realforeclose.com. Plaintiff is responsible for completing and submitting the

Notice of Sale directly to the appropriate newspaper and providing the Clerk of the Court a copy

of the publication no later than 24 hours prior to the sale date.

DONE AND ORDERED in St. Petersburg, Pinellas County, Florida this ______ day of

___________________, 20___.

_____________________________

CYNTHIA NEWTON

Circuit Judge

Copies :

ATTACHMENT C

IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT

IN AND FOR PINELLAS COUNTY, FLORIDA

CIRCUIT CIVIL DIVISION

CASE NUMBER: XX-XXXXXX-CI-13

Plaintiffs,

Defendants.

_____________________________________/

ORDER COMPELLING RULE 1.360 EXAMINATION

Pursuant to Florida Rule of Civil Procedure 1,360, (“Examinations of

Persons”), Defendant’s counsel has notified Plaintiff’s 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 ALL

PARTIES INVOLVED:

1. This examination is not a deposition so the examiner shall be

limited to that information 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

information forms upon arrival at the examiner’s office. The examinee will

furnish the 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 attorney’s responsibility to provide the

examiner with 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., Driver’s License, Official Florida

Identification Card or government-issued Passport).

4. Plaintiff is permitted to have his/her attorney (and spouse or

parent, or other representative) 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 person’s presence would be

disruptive, and that no other qualified individual in the area would 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 examinee’s attorney shall

include the number of people attending, their role, and the method(s) of

recording.

5. Plaintiff’s counsel may also send a court reporter or a videographer

to the examination, provided that claimant’s 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 the examiner’s office personnel.

6. Neither Defendant’s attorney nor any of Defendant’s

representatives may attend 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

counsel for 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 Plaintiff’s counsel, nor anyone else is permitted to be

present, shall interject themselves into the examination unless the examiner

seeks information not permitted by this Order. If Plaintiff’s 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.

9. The report of the examiner shall be sent to Plaintiff’s counsel, as

required by 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 Plaintiff’s treating or retained expert has revised or

supplemented an opinion after his/her report or deposition, the examiner 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 report, which must be

provided to Plaintiff’s counsel at least 15 days before trial. Violation of this

provision may result in the limitation or striking of the examiner’s 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 Plaintiff’s treating or retained

psychologist or neuropsychologist, who must return them to the defense

examiner at the conclusion of the case.

10. All protected health information generated or obtained by the

examiner shall 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 and explain the need for the examiner’s 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.

ORDERED at St. Petersburg, Pinellas County, Florida, on this _____ day

of _____________, 20____.

__________________________________________

CYNTHIA J. NEWTON

Circuit Judge

Copies furnished to: