Requirements & Information
Standards of Professionalism
Judge Teresa Kaklis Dees 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.
A. Remote Appearance
The Zoom platform is used to conduct all hybrid hearings. All parties, attorneys, and participants need permission to appear by Zoom for hearings. For exceptions to this requirement, please refer to Paragraph 4 herein.
- Use of camera on Zoom. If you are authorized to appear by Zoom, you must appear with a working camera. You may not appear by telephone/audio only. In the event a party is incarcerated, and the jail or prison does not offer Zoom, the Court will make exceptions, for so long as the party can identify themselves by full name, date of birth, and DOC inmate number, if applicable.
- Motion or objection to Remote Appearance: If requesting an appearance by Zoom, a motion showing good cause must be filed. A copy of the motion for Zoom appearance, together with a copy of the original motion and notice of hearing, must be served on all who are entitled to notice of the proceeding, including the Court. Any party may file an objection, in writing, to the use of Zoom.
- All motions and objections should be filed no less than 3 business days prior to the hearing.
- A party waives objections by failing to timely object to the motion unless, before the date of the proceeding, the party establishes good cause for failure to timely object. It is in the Court’s discretion to authorize a remote hearing over objection.
- Remote testimony: The Court may allow remote testimony for evidentiary hearings requiring less than thirty (30) minutes, if all parties consent and the Court finds the matter appropriate for remote testimony. A stipulation between the attorneys and/or pro se litigants does not automatically grant the relief requested. If approved, the Court will enter an order.
- Exceptions and Non-Evidentiary Proceedings:
- Volunteers: Guardian ad Litem volunteers may always appear on Zoom without permission or notice to the Court or parties, if volunteers are unable to attend in-person proceedings. The Guardian ad Litem Office shall inform their volunteers as to the proper courtroom decorum when appearing at a Court hearing remotely.
- SIPP Placement: Doctors, children, and support staff may always appear on Zoom without permission or notice to the Court or parties.
- Status Hearings: Unless specifically instructed otherwise by the Court, non-evidentiary Status Hearings scheduled by the Court may be conducted in a Hybrid Courtroom, with parties permitted to appear on Zoom without permission or notice to the Court or parties.
- Out-of-circuit Attorneys: For good cause shown, attorneys who reside and practice primarily outside of the 12th Judicial Circuit, may appear remotely on Zoom.
- Caregivers: Caregivers may appear on Zoom, without permission or notice to the Court or parties, if caregivers are unable to attend in-person proceedings; except in situations the Court identifies as “high conflict cases”, which may require all parties and participants to appear in person.
- Reliable Internet: Individuals given permission to appear remotely must ensure reliable access to the internet. If you lose internet connection, you may not be able to participate in the hearing.
Zoom Procedures
Link to Zoom Credentials for Division J
- Download the free Zoom app on your smartphone or computer prior to your hearing date. Make sure you download the app before your hearing. You are required to show your name. Failure to do so may result in you being unable to obtain entry in the hearing.
- On the date and time of your hearing, select “Join a Meeting” and then enter the Meeting ID and Password to get into the hearing.
- Once you connect, please wait to be checked in. You will be placed in a virtual waiting room and placed on mute - until your hearing begins. There may be multiple hearings, so you may be waiting a significant amount of time for your hearing to be called. Be patient, the Court will call your case.
- Please remain on mute with your video turned off until such time as your case is called. Once your case is called, please turn your video on but remain on mute until your input is requested by the Court.
Zoom Rules
- Although a hearing may be conducted virtually, you are participating in a Court proceeding subject to ordinary rules of decorum. This means you should be attentive and behave as you would if you were present inside the courtroom, physically. Be in a quiet, well-lit environment. Eliminate distractions like barking dogs and other ambient noise. Turn cell phones off. Do not answer or access phones during the proceeding. As you are participating in a Court proceeding, you are not permitted to drive, eat, smoke, vape, or communicate with other people while your hearing is in session. Please be seated and refrain from walking around.
- Important The penalties of perjury or contempt are still applicable. You must turn on your audio and video to offer sworn testimony.
- If the Rule of Sequestration is invoked, the witness will either be asked to login to Zoom when it’s their turn, or to sit in a zoom “waiting room” while the hearing is proceeding. This rule prohibits witnesses from listening to someone else’s testimony and also prohibits a witness from discussing their testimony, or that of another witness, with anyone except for authorized communication with an attorney. Anyone who violates this rule will be subject to contempt sanctions, which may include incarceration or fines, or both.
- No Recording The recording of a Court proceeding, except by a certified court reporter or the 12th Circuit Digital Recording System, is strictly prohibited and will result in contempt sanctions. Receiving electronic or other communications from others is prohibited unless authorized by the judge and may result in contempt sanctions. Posting Court proceedings on social media, or allowing others to do so, is strictly prohibited. Offenders and facilitators will be subject to judicial sanctions as set forth by the Chief Judge of the Twelfth Judicial Circuit.
- All persons appearing before the Court must dress in an appropriate manner, regardless of whether you appear remotely or in person. If you fail to do so, you may be asked to leave until such time proper attire is worn.
- Make sure Zoom logon displays your full name. Failure to do so may prevent you from participating remotely.
- If you are driving, you are required to pull over in a safe location while your hearing is being conducted. You may not participate in a hearing in a moving car.
- Allow others to finish speaking and do not interrupt. Each party will have an opportunity to be heard in an orderly fashion. Mute your microphone when not being addressed. Once addressed, please unmute your microphone to participate in the hearing.
- If the judge asks you to identify yourself and you are unable, or unwilling, to do so - you may be removed from the hearing and placed into a waiting room.
- If you are behaving in a disruptive manner, you will be immediately placed in a waiting room. You will be returned to the hearing room when deemed appropriate. Interrupting the proceedings, speaking out of turn, inappropriate language, or interfering with the judge’s ability to conduct an orderly proceeding, will result in your immediate loss of Zoom privileges, and removal from the hearing. If you disrupt the proceedings more than once, you will be removed from the virtual courtroom altogether.
- High Conflict Cases. All parties involved in cases identified by the Court as “high conflict” may be required to attend all hearings in person, if the Court finds good cause to do so.
B. Hearing Procedures
In-Person Proceedings
Judge Dees conducts in-person hearings and offers remote hearings in accordance with The Rules of General Practice and Judicial Administration 2.530 from a hybrid courtroom, as deemed necessary. Appearing Remotely is a privilege, not a right. While remote appearances may improve attendance, remote appearances may conversely decrease engagement, interfere with personal connections, and delay permanency. It is difficult to meet families where they are, if we’re all physically, in different places. Please review the Zoom procedures and rules below before attending a hearing via Zoom. Failing to follow Zoom procedures and proper courtroom decorum can lead to an individual’s loss of Zoom privileges
The Dependency Division is not part of the on-line automated scheduling system (JACS). All hearings are set by the Court, the Judicial Assistant, or the Clerk of Court. If you need to set a hearing, a motion must be filed with the clerk and a courtesy copy delivered to the Judicial Assistant with a cover letter indicating how much time is necessary for the hearing and whether evidence will need to be considered. Upon receipt and review of the motion, a hearing will be set with an appropriate amount of time allotted on the Court’s docket.
Closed Courtroom Proceedings
If you know your case will require the courtroom to be closed for a surrender, please advise the Judge’s assistant in advance, so proper arrangements can be made to call the closed-courtroom cases in a manner that does not unreasonably disrupt the docket.
Status Hearings
Status Hearings will be used sparingly. The Court will not entertain litigation via status hearing. All parties are entitled to notice as to the issues being brought before the Court for resolution.
Continuances
Once a matter is set by the Court, it will not be continued unless good cause is shown. All requests for continuance must be made in writing. If all parties agree to a continuance, the Court will consider stipulated requests for continuance in chambers, but otherwise all such motions to continue will be considered at a hearing that must be set by the moving party.
Requirement for Good Faith Conferral
At the end of any motion not agreed upon by the parties, counsel for the moving party shall certify either: (A) that counsel for the movant has conferred with all parties or non-parties who may be affected by the relief sought in the motion in a good faith effort to resolve the issues raised in the motion and has been unable to do so; or (B) that counsel for the movant has made reasonable efforts to confer with all parties or non-parties who may be affected by the relief sought in the motion, which efforts shall be identified with specificity in the statement,[1] but has been unable to reach the other parties or non-parties whose input is necessary. If certain issues have been resolved by agreement, the certification shall specify the issues resolved and the issues that remain unresolved.
1. Such specificity must include the method of contact with each individual with whom you were trying to confer as well as the date and time of the attempted contact(s).
C. Communications with the Court
The Code of Judicial Conduct precludes Judicial Assistants and other courtroom staff from speaking to parties about substantive matters in any case.
In addition, the Code of Judicial Conduct prohibits judges from considering ex-parte (or one-sided) communications. As a result, any issue to be considered by the Court should be in the form of a motion filed with the Clerk of Court - with copies provided to all parties of record. Please note - the mere filing of a motion with the Clerk’s Office does not bring the matter before the Judge. A copy of the motion must be provided to the Judge with a cover letter or email explaining how much time is necessary to have the motion considered in Court. The letter or email must include information regarding whether evidence (to include witness testimony) will need to be considered at the time of the hearing. All correspondence should be sent to the Judge’s Judicial Assistant, Carla, at JuvDivJ@jud12.flcourts.org.
D. Submission of Orders
Before submitting an order to the Court as an “agreed order,” the office preparing the agreed order must provide an advance copy to all parties and confirm there is no objection to the form of the order prior to submitting it to the Judge. When submitting such an order, notification shall be given to the judge that the opposing side either agrees to the order and/ or has no objection/position to the relief being ordered. Such agreement can be indicated in either the title of the order and/or the cover letter or email accompanying the submission.
E. Courtesy Copies
Not only is a party required to disclose materials to opposing counsel and all interested parties, but filings and supplemental material that Judge Dees is to consider must also be provided to the Court in advance of any hearing if the attorney is appearing remotely. While the Court makes every effort to review all filings prior to hearings, courtesy copies of any materials including, but not limited to, motions, provider reports, and home studies, that are to be considered by the Court, must be filed a minimum 2 business days before the hearing, with courtesy copies hand-delivered to Judge Dees’ chambers, a minimum of 2 business days before the hearing.
F. Emergency & Other Matters
If a matter needs to be heard on an emergency basis, a copy of the Emergency Motion, along with a cover letter advising how much time is needed, must be provided to the Court as soon as possible. The Emergency Motion should be verified and include a certification by the lawyer or party filing such motion that the motion is an emergency and that the lawyer or party is acting in good faith in seeking such relief. The cover letter must note that the matter is requested to be heard on an emergency basis, or it will not receive expedited consideration and review. After the Judge reviews the Emergency Motion, she will give instructions to the Judicial Assistant about setting the motion for hearing. The Judicial Assistant will then contact you and advise you of Judge Dees’ instructions regarding when the matter will be heard.
G. Exhibits for Evidentiary Proceedings
While the Court makes every effort to review all filings prior to hearings, courtesy copies of any materials including, but not limited to, motions, provider reports, and home studies, that are to be considered by the Court, must be filed a minimum 2 business days before the hearing, with courtesy copies hand-delivered to Judge Dees’ chambers, a minimum of 2 business days before the hearing.
H. Pretrial Procedures & Conferences
Not applicable
I. Setting Case for Trial
Trial scheduling will occur at Docket Sounding. All parties are required to appear for Docket Sounding, unless otherwise excused by the Court, in advance. The attorneys shall be prepared to announce ready for trial, the expected time required to try the case to conclusion, whether any party is incarcerated, whether any witness or party requires an interpreter, and any known calendaring conflicts. In the event the case is being resolved through entry of a Surrender the attorneys shall advise the Court immediately. The Court will prepare a tentative trial line up as soon as reasonably possible, for all cases remaining on the trial calendar. The trial line up is subject to change as cases resolve. All parties should be prepared to try their case(s) during any day of the trial period.
J. Preferred Division Forms
Not applicable
K. Other Division Procedures
Emergency Hearings
If a matter needs to be heard on an emergency basis, a copy of the Emergency Motion, along with a cover letter advising how much time is needed, must be provided to the Court as soon as possible. The Emergency Motion should be verified and include a certification by the lawyer or party filing such motion that the motion is an emergency and that the lawyer or party is acting in good faith in seeking such relief. The cover letter must note that the matter is requested to be heard on an emergency basis, or it will not receive expedited consideration and review. After the Judge reviews the Emergency Motion, she will give instructions to the Judicial Assistant about setting the motion for hearing. The Judicial Assistant will then contact you and advise you of Judge Dees’ instructions regarding when the matter will be heard.
Double Booking/Add-Ons
To ensure that all parties and cases have adequate time to be heard, the Court tries to run its dockets so matters can be heard at their scheduled times. No double-booking or add-on of any hearing is permitted at any time, unless approved by the Court. If a matter is not set on the docket, do not expect it to be heard – even if you are in front of the Court on a case and/or a related matter.
Cancellations
In order to maximize and ensure the public’s timely access to their Courts, please notify Judge Dees’ office of any cancellations as soon as reasonably possible, so the hearing time may be offered to others.
Interpreters
Any case requiring an interpreter shall be brought to the attention of Court Administration using the online request form. The person needing the interpreter or his/her attorney is responsible for scheduling the interpreter. The court does not automatically schedule interpreters for you. Each scheduled court event must be scheduled separately, as one scheduled event does not automatically schedule an interpreter for the duration of the case. Court Administration requires that all other court interpreter requests be submitted online. Requests for court interpreters should be made at least 5 days in advance of the scheduled proceeding. It is in your best interest to schedule the interpreter when you are given your next court date. In the case of less common languages, more time may be necessary to arrange for a qualified interpreter and/or a telephonic interpreting service may be used. Once an interpreting request is made, you will receive an email confirmation of that request and either a staff interpreter or a contract interpreter will be assigned to the case. If there is an issue or question regarding your request, the scheduling assistant will contact you by phone or email to clarify. To schedule an interpreter go to the Interpreter Request Form or please call 941‐749‐3659 for additional information.
Inmate Appearances
Any case requiring transportation of an inmate housed at the Manatee County Jail, shall be brought to the attention of Judicial Security as follows: Counsel must contact Judicial Security at JudicialSecurity@manateesherriff.com to request transportation a minimum of twenty-four hours’ notice of a hearing.