Requirements and Information
February 9, 2024
The following requirements are intended to assist parties in complying with litigation-related procedures. It is the responsibility of counsel to ensure that all matters brought before the court are in full compliance with Florida statutes, Florida Rules of Procedure, Standards of Professionalism, and Administrative Orders.
Throughout these requirements the term “counsel” or “attorney” should be replaced with “pro se party” if the party is unrepresented. The term “motion” is used in the generic sense and is intended to refer to any “document” filed to bring a dispute to hearing, regardless of the actual descriptive title used.
All attorneys must follow the Twelfth Judicial Circuit Standards of Professionalism which are also available on the Sarasota Bar's website.
Please refer to the Judges’ Requirements for a detailed explanation of appropriate issues that may be referred to the Magistrate. Their Requirements also specify exclusions. Please become familiar with this list.
If a referral order is needed, it is the responsibility of the attorney to submit An “Order of Referral to General Magistrate” that identifies the General Magistrate by name and sets forth the issue(s) to be resolved, the date of filing of the pleading(s) and the DIN. You may refer to Family Law Form 12.920(b), Order of Referral to General Magistrate (04/22).
No order of referral is required for child support hearings pursuant to local Admin. Order and Rule 12.491, unless additional relief such as attorney’s fees is being requested. Child support issues include items in the nature of health insurance for the parties’ children, health care expense payment/reimbursement and childcare as well as life insurance to secure same.
Until further notice, hearings before Magistrate Hunt that are 30 minutes in length or less will be conducted remotely via Zoom without any special request.
Zoom Hearings-One Hour or More-No Agreement. For hearings one hour or more, the hearings will be held in person, unless a party requests a Zoom Hearing. If the attorneys are unable to stipulate to a Zoom hearing, the party requesting a Zoom hearing must file a proper motion showing good cause per Fla. Gen. P & Jud. Admin. R. 2.530. This motion, along with the Notice of Hearing, as well as the original motion scheduled to be heard shall be served on all entitled to notice of the proceeding. A party may file a written objection to the use of communication technology within 10 days after service of the motion or within such other period as may be directed by the court.
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. The decision to authorize the use of communication technology over objection shall be in the discretion of the court.
If the attorneys agree to the use of Zoom for a hearing of one hour or more, they may advise the Magistrate’s Assistant of their stipulation and request hearing time. The Magistrate will consider the request by stipulation. Do not schedule a Zoom hearing of one hour or more without prior approval.
The Court may allow testimony to be provided by Audio-Video Communication Technology (Zoom) if all parties consent and approved by the Court. If the parties do not stipulate, then, there shall be compliance with the requirements of Fla. R. Gen. Prac. & Jud. Admin., 2.530(b)(2). 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.
When drafting a Zoom Notice of Hearing you must include Magistrate Hunt’s Zoom credentials, which are available within these Requirements, the appropriate ADA notice, and the appropriate DIN for each motion to be heard.
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 Sarasota County Jury Office, P.O. Box 3079, Sarasota, Florida 34230-3079, (941) 861-8000, at least seven (7) days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than seven (7) days; if you are hearing or voice impaired, call 711.
Effective immediately, no hearings or trials over ½ day shall be scheduled with Magistrate Hunt.
To schedule a special set hearing or trial (exceeding one hour but less than one-half day), one of the following must be on file prior to contacting the Magistrate’s Assistant for hearing time:
Notices setting a cause for hearing must be in substantial conformity with Florida Family Law Rules of Procedures 12.920 (b) and (c) and must contain the following language in bold type:
Should you wish to seek review of the recommended order made by the general magistrate, you must file a Motion to Vacate in accordance with Rule 12.490(e), Florida Family Law Rules of Procedure. You will be required to provide the court with a record sufficient to support your Motion to Vacate or your motion will be denied. A record ordinarily includes a written transcript of all relevant proceedings unless waived by order of the court prior to any hearing on the Motion to Vacate. The person seeking review must have the transcript prepared for the court’s review.
Rule 12.490(b)(2), Fla. Fam. L. P. (Effective Date, April 1, 2022)
You must schedule hearings one hour in duration or less through the Judicial Automated Calendaring System (JACS). Please do not combine timeslots. Fifteen-minute hearing time slots are reserved for discovery related motions and motions directed to the pleadings. The Court will cancel any non-discovery related matter scheduled in a 15-minute hearing time slot.
Please email the Sarasota Family Magistrate to schedule special set hearings requiring more than one hour but less than one-half day. You must copy the other side with your request. You must include the matter(s) to be set, the DIN and the date the motion/pleading was filed, and the amount of hearing time requested. Before submitting the request, the requesting attorney must first consult with opposing counsel concerning the amount of time necessary for the hearing. If counsel is unable to agree, please submit the hearing time request with each attorney’s good faith time estimates. The Magistrate will then review the request.
Prior to contacting the Magistrate’s Assistant for dates/times for special set hearing time exceeding one hour, one of the following must be on file:
All parties shall reserve sufficient time for their matters to be heard by the Magistrate.
Follow the appropriate Judge’s Requirements for requesting an expedited or emergency hearing. Your request shall first be presented to the Judge’s Office for review and consideration. If the Judge orders an expedited or emergency hearing before the Magistrate, an appropriate order and/or referral will be generated, and hearing time will be made available.
Once a motion is scheduled, subsequent motions may not be added or cross-noticed without prior approval of the original scheduling attorney and the Magistrate. This provision is strictly followed.
When the Magistrate’s Assistant has finalized the docket — approximately five days in advance of the hearing — JACS will not permit you to cancel the hearing. In that situation, please call the Magistrate’s Assistant to cancel a hearing, as well as sending an email to the Magistrate’s Assistant (with a copy to the opposing side). You must immediately send a Notice of Cancellation to all parties. Only the party setting the matter for hearing may file a Notice of Cancellation. The opposing party cannot cancel the hearing.
You are not required to submit your proposed exhibits to the Magistrate’s Office in advance of the hearing. Please follow any instructions in your notice of hearing regarding exchanging exhibits with the opposing side.
Make sure you bring sufficient copies of your exhibits for the opposing side. Neither the Clerk nor the Court is able to make copies for you.
Attendance at the parenting class is required by statute and proof of completion shall be filed in the court file. If one party has not filed proof of competition at the time of the final hearing, then sanctions, including restrictions on the non-complying party’s timesharing may be entered.
In compliance with a directive from the Chief Justice of Florida, this Circuit is moving to acceptance of proposed Recommended Orders and Orders Approving Recommended Orders through the ePortal, not through email. Please see Administrative Order 22-1.2, entered January 14, 2022, for details and specific requirements.
Effective immediately, all Recommended Orders submitted by attorneys to Magistrate Hunt must be submitted in compliance with Administrative Order 22-1.2 through the ePortal directly to Magistrate Hunt, and not filed on the Progress Docket. All Recommended Orders must be in Word format only. All Recommended Orders must be accompanied by a cover letter that is also submitted through the ePortal in PDF/A format. The submitting attorney must ensure all parties/attorneys receive a courtesy copy of both the proposed Recommended Order and the cover letter. Do not send more than one proposed Recommended Order in a transmission.
Magistrate Hunt expects that you will only submit a proposed Recommended Order when all attorneys or parties agree on the form. If there is a disagreement on the form, or an attorney does not respond within a reasonable time, you may then send the proposed Recommended Order with a concise statement identifying the disagreement and the steps you took. The opposing attorney may submit at the same time, an alternate proposed Recommended Order through the ePortal. Please do not include a directive such as “hold this proposed order for x days for an objection to be lodged.”
For readability purposes, Magistrate Hunt encourages Times New Roman Style, at least 12-point font with one-inch margins when drafting proposed Orders.
Magistrate Hunt attempts to make recommendations from the bench where appropriate. If Magistrate Hunt takes a matter under advisement, she tries to enter Recommend Orders as quickly as possible under the current circumstances. Do not call to ask about the status of the Recommended Order. If four weeks have elapsed without a ruling, the movant may email the Magistrate’s Assistant (and copy opposing side) to advise that the matter has been under advisement for four weeks. The four weeks begins upon the Court’s receipt of the last post-hearing submission (e.g., transcripts, supplemental briefs, or legal authority). Pro Se parties should file a Form A and not telephone or email the Magistrate’s Office directly to inquire about the status of a recommended order.
After the Circuit Judge enters the Order Approving the Recommended Order, a party has ten days within which to file a Motion to Vacate the Order. A Motion to Vacate must be scheduled and heard within thirty (30) days of the date the motion is filed unless the time is extended by court order.