Requirements & Information

Requirements & Information

Standards of Professionalism

Judge Sniffen expects all attorneys who appear to know and adhere to the Twelfth Judicial Circuit’s Standards of Professionalism, also available on the websites of the Manatee County Bar Association and the Sarasota County Bar Association.

Remote appearances are governed by Rule 2.530, Fla. R. Gen Prac. & J. Admin. Pursuant to the Rule, “a court official may authorize the use of communication technology for the presentation of testimony or for other participation in a proceeding upon the written motion of a party or at the discretion of the court official.”

In determining whether good cause exists to allow remote testimony, the court may consider, without limitation, the following:

• The technological capabilities of the courtroom,
• how the presentation of testimony through communication technology advances the proceeding or case to resolution,
• the consent of the parties,
• the time-sensitivity of the matter,
• the nature of the relief sought and the amount in controversy in the case,
• the resources of the parties,
• the anticipated duration of the testimony,
• the need and ability to review and identify documents during testimony,
• the probative value of the testimony,
• the geographic location of the witness,
• the cost and inconvenience in requiring the physical presence of the witness,
• the need to observe the demeanor of the witness,
• the potential for unfair surprise,
• and any other matter relevant to the request.

Any Notice for a hearing by Zoom must contain the correct Zoom credentials and specific language which can be found on Judge Sniffen’s Zoom Information page. Please see Section B. Hearing Procedures for hearing types before scheduling a hearing.

Judicial Automated Calendaring System

Unless otherwise noted in these Requirements, all hearings should be scheduled through the JACS.

If the title or subject matter of the motion is not listed in the drop-down menu of choices, select “Unlisted Motion.” In the “Notes” section, you must type in the complete and exact title of your motion and the date the motion was filed with the Clerk.

If multiple motions are being scheduled for the same time slot, the “Notes” section must contain the complete and exact title of each motion and the date that each motion was filed with the Clerk.

Hearing Times (5, 15, 30, 60 mins.)

Judge Sniffen’s available hearing times on JACS run 5, 15, 30, and 60 minutes. Hearings are limited to the time reserved. The scheduling party shall confer with the opposing counsel/party to agree on the total time required for the hearing. Each side is entitled to equal time. If the scheduling party is unable to confer or agree with the opposing counsel/party, the scheduling party should schedule the hearing to give the opposing counsel/party an equal amount of time to present to the Court. The party scheduling hearing must recognize that their time will be limited to one-half of the time reserved (i.e. 7.5 minutes for a 15-minute hearing).

Please do not reserve back-to-back hearings in order to acquire a longer block of hearing time for a single motion without prior consent of the Court. Any hearing scheduled in this manner without consent will be cancelled without notice by the Court.

Five-minute time slots should be used for non-evidentiary motions that are either uncontested or that can be heard in five minutes or less such as Motions to Withdraw, Motions for Judicial Default, Motions to Dispense with Mediation, and Uncontested Final Hearings.

Extended Hearings (Over 60 minutes)

A hearing that requires more than 60 minutes is considered an Extended Hearing. In order to schedule an Extended Hearing, send an email to CirCivDivB@jud12.flcourts.org, copy opposing counsel/party. The email should contain: the case number, title of the motion, how much time is being requested, and specific details (issues, evidence, witnesses, etc.) explaining why more than 60 minutes are required to hear the motion.

Hearing Packets and Binders

For Zoom hearings, physical copies of ALL exhibits must be delivered to all parties and the court in advance of the hearing; the court must have physical copies of all Exhibits so they may be marked and delivered to the clerk.

For courtesy copies of legal authority or other non-evidentiary materials delivered in advance of a scheduled hearing, electronic copies are preferred. Courtesy copies should not be filed with the Clerk of Court but should be emailed/delivered directly to the Judge’s chambers. Please submit courtesy copies no less than three (3) business days in advance of the hearing.; this time limit is for the court’s own purposes and is not a basis to obtain relief against an opposing party.

The court cannot click on outside links such as Dropbox, Cloud based sites or Sharing sites. Documents must be submitted in .PDF or another readable format. The court cannot open Zip files or folders.

In order to make the best use of the Court’s limited hearing time and allow the Court to adequately prepare, it may be helpful to submit courtesy copies of the following items:

• a copy of the Notice of Hearing;
• a copy of the Motion to be heard;
• a memorandum of law with facts and law supporting the party’s positions; and
• proposed Orders

Cross-Noticing, Substituting, and Piggybacking Motions

Once a motion is scheduled, no other motions may be added to the hearing time, cross-noticed for the same hearing time, or substituted in place of a cancelled or withdrawn motion without prior approval of the Court. If requesting court approval, the requesting party must indicate whether the opposing party has consented to the request.

Cancellation of Hearings

A significant number of hearings are cancelled at the last minute. This results in lost opportunities for other parties to have their important matters heard.

If a hearing is to be cancelled, the cancelling party should promptly:

1. log into JACS and cancel the hearing;
2. file a Notice of Cancellation with the Clerk of Court; and
3. send a copy of the Notice to the Court, all parties, and affected non-parties.

If JACS will not authorize a cancellation, the party should promptly:

1. notify the judicial assistant by telephone and email;
2. file a Notice of Cancellation with the Clerk; and
3. send a copy of the Notice to the Court, all parties, and affected non-parties.

Cases with remain on Trial dockets until the case is closed. A Notice of Settlement or Mediation Report of settlement does not remove the case from the Trial docket.

Judicial Assistant Cannot Give Legal Advice

The judicial assistant cannot answer your legal questions and will not “explain” your situation to the Judge. Your opportunity to speak to the Judge happens only in court. Litigation of contested matters via email communications to the Judicial Assistant is not permitted.

Email Policy

Email is strictly a method of communicating basic information and sending documents and is not a medium to state a position, make an argument, or attempt to persuade the Court on a substantive or procedural matter. Emails to the judicial assistant should be devoid of information or statements that are unnecessary, superfluous, irrelevant, or adversarial. Arguments should be confined to letters, motions, memoranda, and legal documents attached to the email.

Emails sent to the Circuit Civil Division B email account shall comply with all rules and requirements governing contact with the Court including ex parte communication.

Contact Information

Office Hours

8:30 a.m. to 5:00 p.m.; closed for lunch Noon-1 p.m. (Please do not leave voicemails during lunch.)

Courtroom

Courtroom 3E

Mailing Address

P.O. Box 3000, Bradenton, FL 34206

Physical Address

1051 Manatee Ave. W., Bradenton, FL 34205-7803

Telephone

(941) 749‐3635; Please read the requirements prior to calling

Email

Email CirCivDivB@jud12.flcourts.org; you must comply with the rules regarding ex parte communications. Please place the case number in the subject line. Pro se litigants may only use the division email with the Court’s permission. Pro se litigants must follow the Twelfth Judicial Circuit’s rules for pro se parties.

Status Inquiries

Before contacting the JA about the status of a case or pending order, attorneys, legal professionals and/or parties are encouraged to consult the Manatee Clerk’s online docket.

General Magistrate

Review Magistrate David Caskey’s requirements

Court Interpreter

Phone: (941) 749‐3659
Email: SpanishInterpreterRequest@jud12.flcourts.org
Submit online: Interpreter Request Form

Please do not submit a proposed order until all parties have had a meaningful opportunity to review the proposed order. When submitting a proposed order, please indicate whether any party has objected to the proposed order. The Court does not allow litigation by letter or email. If the parties cannot agree on an issue, the appropriate motion should be filed and set for hearing. The Court encourages all proposed orders (and relevant documents) be sent electronically via the ePortal system. Final Judgments should be sent in Word (editable) format to CirCivDivB@jud12.flcourts.org. All parties must be copied for the document to be reviewed by the court. The subject line should contain the case number, name and relevant matter: 2022 DR 001234 – Doe v. Doe – Final Judgment. Please use only one form of delivery for proposed orders (i.e. please do not send via both ePortal and email.)

Please do not:

• include any unnecessary headers or footers (e.g., firm names) within the proposed Order.
• submit consolidated forms. All Stipulations (once e-filed) shall be submitted with the proposed order as its own document.
• email a directive such as “hold this proposed order for x days for an objection to be lodged”. If the paperwork has not been reviewed by all parties, it should not be sent to the Court.
• send identical paperwork via multiple methods of delivery (i.e. email and U.S. Mail). If an order is submitted electronically, the Judicial Assistant will serve the Order on the parties via email.

Please make sure the certificate of service is completed and includes all email addresses the order should be sent to. If additional U.S. mail copies need to be served, please modify the certificate of service accordingly for the movant to complete delivery by mail.

Competing Orders and Objections to Proposed Orders (Form)

The Court expects that you will only submit proposed orders in the manner described in the Twelfth Circuit Standards of Professionalism. If there is a disagreement on the form of a proposed order, or a response to a proposed order submitted to an opposing party is not received within a reasonable period of time, you may then send the proposed order with a concise statement identifying any disagreement and/or the steps taken to obtain agreement. The opposing party may submit a competing proposed order. The court will not hold orders to wait for an objection to be lodged; any such request will result in the proposed order being returned.

Contested Motions

If a motion is contested, then a hearing must be set. This is also true for simple discovery motions. Please do not send proposed orders to the Court on contested motions.

Proposed Orders — Through the Portal

Unless good cause is shown, proposed orders are required to be submitted electronically through the statewide Portal whenever feasible. See AO: 2022-1.2.

Requirements for Submitting Proposed Orders Through the Portal

Please read carefully so that your order is not rejected. Please include email addresses on the certificate of service.

Proposed Orders submitted through the “Proposed Documents” feature of the Portal are electronically transmitted to Judge Sniffen. Proposed orders submitted to the judge or magistrate will not be filed in the court file. The proposed order must be submitted electronically through the Portal in Word (.docx) format. If not submitted in Word format, it will be rejected.

Proposed orders should conclude with the following language: “done and ordered in Chambers, Manatee County, Florida.” Do not include a date; the date is included with the judge’s electronic signature. Please leave adequate room in the document for the judge’s electronic signature. Cover letters must be submitted through the Portal in PDF/A format. All proposed orders submitted through the Portal to judges and magistrates in Manatee County require a cover letter. If a cover letter is not included, it will be rejected. Any ancillary documents related to the proposed order (copy of the motion, case law, legal memorandums, etc.) may be attached to the cover letter in PDF/A format.

Motions and proposed orders must be submitted through the Portal as separate documents. Combined motion/proposed orders in the same document are not permitted. Parties shall only submit a proposed order when all parties agree to the form. If there is a disagreement on the form, or an attorney does not respond within a reasonable period of time, you may then file the proposed order through the Portal with a cover letter concisely stating the disagreement or steps you took to confer with the opposing attorney. The opposing attorney may submit a competing order, also indicating in the cover letter that the attorneys are not in agreement.

Pro se litigants are encouraged, but not required, to submit proposed orders through the Portal. Pro se litigants are required to provide an email address pursuant to Rule 2.516, Florida Rule of General Practice and Judicial Administration, to receive signed orders electronically. Pro se litigants or attorneys who have shown good cause, may submit proposed orders electronically in Word format only to CirCivDivB@jud12.flcourts.org. Please do not use this email for any other purpose and please do not copy the judicial assistant on the email.

Please refer to Section B. Hearing Procedures.

Parties represented by counsel shall attempt in good faith to resolve or mediate emergency or expedited matters and submit stipulations, if at all possible.

Motions seeking emergency or expedited consideration must be filed with the Clerk and served on the opposing party and any affected non-party. A copy of the motion requesting emergency or expedited hearing time must also be sent directly to the Court. If a party or affected non-party is not noticed, the motion must clearly and specifically explain why, including efforts made to locate and notice the party or affected non-party. The motion shall be detailed, including the specific relief sought and the amount of hearing time requested.

Ex parte relief

If a party seeks ex parte consideration and relief in an emergency/expedited motion, the motion shall cite the statute, rule, or other legal authority that permits such relief. The Court will review the motion and determine whether an emergency/expedited hearing is warranted and if ex parte relief is appropriate.

Exhibits and evidence should be pre-marked before the hearing or trial begins.

So that evidence is filed in the correct case, exhibit labels should have the following information legibly printed on them:

• the designation of the party moving the item into evidence as reflected on the initial pleading in the case (i.e., Plaintiff, Defendant, etc.);
• a numbering and lettering system that clearly identifies each, individual exhibit or piece of evidence from another (i.e., 1, 2a, 2b, Composite 3, etc.);
• the date the exhibit is entered into evidence, if known ahead of time; and
• the case number (i.e., 2022CA2222).

Case Management Conferences and Trial Scheduling

Case Management protocols are established by the Florida Rules of Civil Procedure and local Administrative Order.

The court offers a monthly Case Management docket on Wednesdays at 10:00 a.m.; available case management dates are posted online. Trials are scheduled during a specified two week trial period. There is one trial period per month. There are two three week trial periods reserved for cases that cannot be completed in 10 days or less (April & October). Parties must be available for all dates during the assigned trial period. Conflicts may be communicated to the court pursuant to Rule 2.550, Fla. R. Gen. Prac. & J. Admin. A Pretrial Conference will take place shortly before trial. The trial schedule and case priority will be determined after the Pretrial Conference. The schedule will be circulated to all parties and posted to the Twelfth Judicial Circuit website.

Case Management Conferences

Appearance by counsel and unrepresented parties at Case Management Conferences is mandatory.

Bring Calendars to Court

Attorneys and unrepresented parties are expected to have access to their personal and professional calendars at every court appearance in the event any future court date(s) must be rescheduled or continued.

Case Management

Expected or actual trial dates will be established in accordance with the court’s Case Management protocol.

Continuances

Trials will not be automatically continued by stipulation. Any motion or stipulation seeking a continuance must be reviewed by the court, and a hearing may be required.

Pursuant to Rule 2.545(e), Florida Judicial Administration Rules, and Rule 1.460 of the Florida Rules of Civil Procedure, motions for continuance shall be in writing and must be signed by the party making the motion (not just their attorney).

Mediation

Mediation is mandatory. Waiver of mediation will require a timely filed motion or stipulation, which shall be scheduled for hearing for consideration by the court. Absent a court order to the contrary, all parties shall attend mediation.

Settlements

Please notify the judge’s office promptly if a settlement has been reached. A case that is set for trial will not be removed from the Trial period unless all claims are voluntarily dismissed, or the case is removed by order of Court.

Final Judgments

No Final Judgment after trial may be submitted unless specifically requested by the Court. When requested, proposed Final Judgments must be submitted in editable Word format.

Back up Trials

At the Court’s discretion, not all trials will typically be called for jury selection. Some trials will be scheduled as back up cases. Back up cases must be ready to proceed at any time during the trial period, and all pre-trial requirements apply to back up trials.

Visit the Civil Division page to find preferred division forms.

Case Management Reports

In most cases, the court will enter an order imposing pretrial deadlines shortly after the case is filed. However, there will be times when the court will direct the parties to submit an agreed Case Management Order establishing pretrial deadlines. Please be advised that the Clerk does not notify Judge Sniffen when a proposed Case Management Order is filed.

Proposed Case Management Orders, whether agreed or not agreed, must be filed with the Clerk and sent to the case management team at MANCivilCaseMgmt@jud12.flcourts.org. If the parties submit an Agreed Case Management Order, and time is of the essence, the parties may submit the report directly to the court’s Judicial Assistant.

Reserving an Interpreter

The responsibility for scheduling an interpreter lies solely with the party or other person in need of the interpreter. The Court does not automatically schedule interpreters. Interpreters can be requested by telephone, email, or submission of the online request form. Each court event must be scheduled separately with the interpreter’s office. Requests for court interpreters should be made at least five (5) business days in advance of the scheduled court event. Requests made with less than five (5) business days’ notice may not be accommodated. In cases where an interpreter is required for a languages other than Spanish, additional time may be necessary to arrange for a qualified interpreter or a telephonic service may be used.

Inmate Appearances

Inmates in Manatee County Custody

The scheduling party is responsible for notifying the judicial assistant by email at least three (3) business days prior to any court appearance if an inmate needs to be available by videoconference, telephone or transported from the jail. Failure to notify the judges office may require cancellation of the hearing.

Inmates in Custody Outside of Manatee County

It is the responsibility of the party to arrange for an inmate’s availability, whether in person or by telephone.

Forms and Resources

On the “Documents” page there are links to Administrative Orders, Court Forms, External Resources, and Rules & Procedures.

Withdrawal of Counsel

Pursuant to Rule 2.505, Florida Rules of Judicial Administration, motions to withdraw must be set for hearing with notice provided to all parties. This remains true even when the client has stipulated or consented to withdrawal. Stipulations for substitution if filed, signed by all counsel, and with written consent of client, may be submitted ex parte; no hearing is required.

Motions to Compel

All Motions to Compel require a hearing; orders will not be signed on an ex-parte basis.

Motions for Rehearing, Reconsideration, and a New Trial

All Motions for Rehearing, Reconsideration, and New Trial are to be submitted directly to the judge’s chambers along with a cover letter that confirms that copies were provided to parties and affected non-parties. The motion should be detailed and include citations to relevant legal authority. A pre-hearing submission to the court, as outlined in these Requirements, may be beneficial for the Court’s determination. The judge will review the motion to determine if a hearing is required and, if so, the court will notify you that you may set a hearing. The court’s approval shall be noted on any notice of hearing. Motions for Rehearing, Reconsideration and/or New Trial shall not be scheduled for hearing without court approval. Any hearing that is noticed without court approval will be canceled by the court.

Discovery Motions: General Information

All discovery related issues must be scheduled before General Magistrate David Caskey absent a written objection. The scheduling attorney shall submit an Order of Referral to General Magistrate, pursuant to Fla. R. Civ. P. 1.490.

Motion Hearings Before the Magistrate

The following is a list of motions that are to be scheduled with Magistrate Caskey, absent a written objection. The list below is not all inclusive. If you have a motion not listed below that is either discovery related or directed to a pleading, that motion should be scheduled in front of the Magistrate. The only time one of these motions is to be scheduled in front of the assigned Judge is if an “Objection to Referral to Magistrate” has been filed.

Discovery-Related Motions:

• Compel
• Contempt
• Discovery Order (other than ex parte)
• Extend Time
• Objections to motions
• Interrogatories
• Objections to Production
• Protective Order
• Quash
• Sanctions (re: discovery matters)
• Any additional discovery-related motion not listed

Motions Directed to Pleadings:

• Add/Drop Parties (including substitution of parties)
• Amend
• Default
• Default Final Judgment
• Dismiss
• Intervene
• Judgment on Pleadings
• More Definite Statement
• Strike
• Any additional motion directed to pleadings not listed

Miscellaneous Motions:

• Abate
• Compel Arbitration
• Confirm Arbitration
• Compel Mediation
• Quash Service
• Sever
• Transfer Jurisdiction/Venue
• Vacate/Set Aside (on non-trial related issues

Withdrawal of Counsel: May be heard by magistrate or assigned judge.

Motions not heard by Magistrate:

• Vacate Final Judgment
• Writ of Possession and any trial-related motions (Limine, Strike Witnesses and Exhibit Lists, Trial continuances, etc.)

Exceptions to Report and Recommended Order of Magistrate

A party filing Motion to Vacate to the Magistrate's Report and Recommended Order shall:

• File the original exceptions with the Clerk and
• Send a copy of the exceptions directly to the Court and the Magistrate.

Upon receipt of exceptions, the Court will enter an order scheduling a hearing. By rule a transcript must be provided no later than 48 hours prior to hearing. If the transcript is not filed within the time limit established by the Order for Transcript or such other date set by the Court upon motion and order, the exceptions may be denied. Hearings on exceptions are non-evidentiary and similar to an appeal. The motion will be scheduled by the court and may not be scheduled by a party.

Foreclosures

Regular Foreclosure Motions and Summary Judgment Motions will be heard by Zoom. All residential mortgage foreclosure trials, whether Homestead or Non-Homestead, are placed onto either the Foreclosure Contested docket or Foreclosure Uncontested docket before the assigned judge. Contact the Judicial Assistant for the next available Foreclosure Hearing date. For more information regarding Residential Mortgage Foreclosure, please visit the Foreclosures page.

Commercial and Real Property Foreclosures: All commercial or real property foreclosures (basically, everything except residential or nonresidential foreclosures) must be set before the assigned Judge using the assigned Judge’s regular JACS calendar.

Trials

General Information: All Case Management Conferences will be held via Zoom. Major Trials lasting more than two weeks are generally scheduled during April and October each year. See the Major Trial Calendar for Case Management, Jury Trial, Non-Jury Trial, and PTC dates and times.

Forms, orders and information regarding trials are available on the Civil Divisions webpage.

Case Management Conferences

Pursuant to Rule 1.200, Florida Rules of Civil Procedure, a case management conference may be set at any time by the court on its own notice or on proper notice by a party. Whether set by the court or a party, the amount of notice must be reasonable. If noticed by a party, the notice itself must identify the specific issues to be addressed during the case management conference and must also provide a list of all pending motions.

If no order setting trial is in effect, the parties shall confer in advance of any case management conference in an effort to reach agreement on a trial period.

During a case management conference, the court may address all scheduling issues, including requests to amend the case management order, and other issues that may impact trial of the case. In addition, on reasonable notice to the parties and adequate time available during the conference, the court may elect to hear a pending motion, other than motions for summary judgment and motions requiring evidentiary hearings, even if the parties have not identified the motion as an issue to be resolved. Motions for summary judgment and motions requiring evidentiary hearings may not be heard as part of a case management conference, unless agreed to by the parties.

Attorneys and self-represented litigants who appear at a case management conference must be prepared on the pending matters in the case, be prepared to make decisions about future progress and conduct of the case and have authority to make representations to the court and enter into binding agreements concerning motions, issues, and scheduling. If a party is represented by more than one attorney, the attorney(s) present at a case management conference must be prepared with all attorneys' availability for future events.

Parties may select a proposed case management date from the list of preset Case Management Conference (CMC) dates that can be found in the “Calendars“ section on the Civil Divisions page and shall prepare an Order Setting Case Management Conference.

Pre-Trial Conferences (PTC)

Attendance at Pre-Trial Conference is mandatory. Counsel who will actually be trying the case or an attorney with authority to make all decisions shall appear at the Pre-Trial Conference. Counsel and self-represented litigants shall have conferred with all parties and witnesses to confirm their availability for the entire trial period prior to the Pre-Trial Conference.

Continuances

Pursuant to Rule 1.460, Florida Rules of Civil procedure, motions to continue trial are disfavored and should rarely be granted and then only upon good cause shown. Successive continuances are highly disfavored. Lack of due diligence in preparing for trial is not grounds to continue the case. Motions for continuance based on parental leave are governed by Florida Rule of General Practice and Judicial Administration 2.570.

Trials will not be continued by stipulation; a timely motion and hearing are required.

Pursuant to Rule 2.545(e), Florida Rules of Judicial Administration and Rule 1.460, Florida Rules of Civil Procedure, motions for continuance shall be in writing and unless good cause is shown, must also be signed by the party.

All motions for continuance, even if agreed, must state with specificity:

1. the basis of the need for the continuance, including when the basis became known to the movant;
2. whether the motion is opposed;
3. the action and specific dates for the action that will enable the movant to be ready for trial by the proposed date, including, but not limited to, confirming the specific date any required participants such as third-party witnesses or experts are available; and
4. the proposed date by which the case will be ready for trial and whether that date is agreed by all parties.

Trial Schedule

After the Pre-Trial Conference, the trial schedule will be established by the court. The trial schedule will be circulated and posted on the internet. It is the responsibility of the attorneys and all parties to review the schedule. Parties, witnesses and other participants must be available for the entire trial period. Parties are subject to being called to trial any time during the trial period.

Daubert Motions and Motions in Limine

Because of the substantial time required for Daubert hearings, hearing time shall be reserved at the earliest opportunity once the need for hearing is identified.

To the contrary, motions in limine will generally not be heard until the case has been selected and set for trial following the pretrial conference and will be resolved before or during the trial period. Motions in limine shall not be scheduled for hearing without the court’s permission. Boilerplate motions in limine that seek an order enforcing standard rules of evidence are discouraged. Motions in limine should be tailored to each case and must include: 1) the basis for the belief that opposing counsel will seek to introduce inadmissible evidence; and 2) the reason(s) that a contemporaneous objection would be insufficient and/or the prejudice that could result if the motion were not granted.