Requirements & Information

Contact Information

Judicial Service

• Appointed as Magistrate/Hearing Officer, March 20, 2008

Education

• JD, Cumberland School of Law, Samford University, 1993
• BA, Virginia Tech, 1988

Magistrate Assistant

Kristi

Division Email

Email the Division Email at MagistrateSAR@jud12.flcourts.org

Phone

(941) 861‑4872; Prior to calling or faxing Magistrate Mockovciak’s assistant, all parties must first read the requirements.

Fax

(941) 861-4873

Chamber

Sarasota County Justice Center

Physical Address

2071 Ringling Blvd., Sarasota, FL 34237

Mailing Address

P.O. Box 48927, Sarasota, FL 34230

Office Hours

8:30 am-5 pm; closed for lunch Noon-1 pm

Courtroom

Proceedings are held in Courtroom 3, 6th Floor, Sarasota County Justice Center

Quick Links

•  Division Documents & Preferred Forms
•  Judicial Requirements
•  Zoom Requirements

Division Assignment(s)

• Family Division - Sarasota County

Requirements & Information

Standards of Professionalism

Magistrate Rebecca Mockovciak 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.

Magistrate Mockovciak’s Zoom Credentials

Launch the Zoom app or log on to zoom.us. Click “Join” and enter Magistrate Mockovciak's Zoom Credentials below:

Meeting ID

985 6699 5879

Password

249895

Audio Only

(253) 215-8782

All hearings (except for non-evidentiary hearings 30 minutes or less) will be held in-person. Non-evidentiary hearing times will be listed as Zoom on JACS. All other hearings will be listed as CR1. If you would like to request to appear via Zoom or for a witness to do so you must file a written motion setting forth your request per Rule 2.530(b)(2) and copy the Magistrate and opposing side. A stipulation between the attorneys and/or pro se litigants does not automatically grant the relief requested.

If you object to the request, do so timely. 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 at the discretion of the Court.

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. This includes Court Reporters.

If you are approved to appear via Zoom and there will be exhibits or evidence please see section G. Exhibits for Evidentiary Proceedings.

Orders of Referral

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, and you will need to become familiar with this list. If a referral 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) or motion and the DIN. You may refer to Family Law Form 12.920(b), Order of Referral to General Magistrate (04/22).

Please be sure an Order of Referral has been entered 10 days prior to your hearing. Orders of referral are not required for hearings related to child support issues. In instances where a Judge has been recused from a case assigned to their division, it shall remain with the original General Magistrate. However, all subsequent reviews of the Magistrate’s Reports and Recommendations will be completed by the newly assigned Judge.

Child Support Issues

No order of referral is required for child support hearings to local Admin. Order and Rule 12.491, unless additional relief such as attorney’s fees is being requested. Child support issues include items such as insurance for the parties’ children, health care expense payment/reimbursement and childcare as well as life insurance to secure same.

Requirements for All Hearings

1. File Motions: All motions must be filed with the Clerk prior to reserving hearing time.
2. File the following documents prior to any hearing:
   • the order of referral signed by the Judge for the motion/issue to be heard,
   • the notice of related cases,
   • the notice of hearing for the motion to be heard, and
   • copies of all relevant documents from cases in other jurisdictions.
   • In any case in which a party is seeking timesharing, the moving party shall have filed a proposed parenting plan prior to the hearing.
3. Notice of Hearing: A Notice of Hearing must be filed immediately after reserving hearing time and must conform to the Twelfth Judicial Circuit’s Standards of Professionalism. Hearings are not permitted to be set unilaterally. You are responsible to ensure the notice of hearing contains the appropriate ADA notice and the appropriate DIN for each motion to be heard.
4. 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 magistrate’s decision; you must file a motion to vacate within ten (10) days in accordance with Fla. Fam. L. R. P. 12.490(f). The party seeking review shall seek to schedule a hearing date at the same time that the motion to vacate is filed with the court. Failure to seek a hearing date in conformity herewith may result in a denial of the motion to vacate. The person seeking review must have the transcript prepared, for the court’s review. For the purpose of the hearing on a motion to vacate, a record, substantially in conformity with this rule, must be provided to the court by the party seeking review for the court’s review. 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 transcript of all relevant proceedings, if any, must be delivered to the judge and provided to all other parties not less than 48 hours before the hearing.

Scheduling Hearings, including Special-Set Hearings

• All hearings are to be scheduled through JACS unless the hearing exceeds 60 minutes.
• If you need more than 60 minutes of hearing time or cannot find adequate time in JACS to schedule your hearing, please email the Magistrate Assistant at MagistrateSAR@jud12.flcourts.org.
• Prior to emailing the Magistrate’s Assistant for dates/times for special set hearing time exceeding one hour, one of the following must be on file:
• An Order of Referral to the Magistrate on the issue(s) to be heard, and the time for objections must have expired (with no objections having been filed); or
• An Order of Referral to the Magistrate and a signed stipulation waiving the right to object to the Magistrate hearing the case (if the time for objecting to the Magistrate has not already expired).
• Your email to the Magistrate’s Assistant requesting hearing time must include the following information and be copied to the opposing side:
  • The matters to be scheduled;
  • The DIN number(s);
  • The date the motion/pleadings were filed;
  • The amount of hearing time requested.

Cross Noticing

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’s Office.

Expedited or Emergency Hearings

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.

Cancellations and Notices of Cancellations

Cancellations should be filed as soon as the parties are aware that the need for the hearing time no longer exists. If a party is unable to cancel a hearing through JACS, please contact the Magistrate Assistant so that she can make the time available for other cases. If a hearing is cancelled, opposing parties and/or counsel must be notified in writing of the cancellation. Please include in your Notice of Cancellation the reason for the cancellation of the hearing (such as whether there was a scheduling conflict, illness, or resolution of issue). Be prepared to submit a stipulation or proposed order when necessary. The deadline for submission is the time of the originally scheduled hearing. The only party who may file the Notice of Cancellation is the party who originally scheduled the hearing. The opposing party may not cancel the hearing. If an interpreter or court reporter has been scheduled for the hearing, the scheduling party shall notify the interpreter or court reporter of the cancellation, as well as any witnesses.

Continuances

Counsel requesting a continuance must make a good faith effort to contact opposing counsel to determine if an agreement can be reached to continue the hearing/trial. If the other side opposes the continuance, this information must be in your motion. If an agreement cannot be reached, the moving party must file a Motion for Continuance that includes efforts made to reach an agreement to continue the matter. The motion must be in writing and signed by the party requesting the continuance. The Court must approve stipulations to continue a trial once the cause has been set on the trial docket.

Magistrate Mockovciak’s Office Email Account

 MagistrateSAR@jud12.flcourts.org. The subject line should contain the case number, name and relevant matter: 2024 DR 001234 NC – Doe v. Doe – 2 Hour Hearing Requested. All email shall comply with the rules regarding ex parte communications.

Pro Se litigants may only use the Magistrate’s Office email account with the Magistrate’s permission. Pro Se litigants must follow the Twelfth Judicial Circuit’s Rules for Pro Se Parties.

Inquiries About Cases & Orders

Before contacting the Magistrate’s Assistant about the status of a case or pending order, attorneys, attorneys’ staff and pro se litigants should consult the Sarasota Clerk’s online docket. Registered users of ClerkNet may receive automatic email notices whenever a new document is filed in a particular case.

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 Magistrate’s Assistant should not contain any 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.

Communications sent to the Magistrate Assistant’s email shall comply with all rules and requirements governing contact with the Court including ex parte communication.

All Recommended Orders must be submitted to the Magistrate via the proposed Recommended Orders on the ePortal. Do not submit them via email. You must include the required 12.490 language for vacating the order.

All attorneys and pro se litigants are required to provide an email address to receive signed orders electronically. See Administrative Order 22-1.2 and Fla. Gen. Prac. & Jud. Admin. Rule 2.516. Attorneys and pro se litigants are encouraged to file the Designation of Current Mailing and Email Address.

Electronic Submission

All proposed recommended orders submitted by attorneys must be submitted in compliance with Administrative Order 22-1.2 through the ePortal directly to the Magistrate, and not filed in the “Progress Docket.” All proposed orders must be in WORD format only. All proposed 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 order (WORD format) and cover letter (PDF/A) prior to submission.

If a proposed recommended order is submitted electronically, the Magistrate’s Assistant will serve the recommended order on the parties via email. The certificate of service must be complete and include email addresses for all recipients. If additional U.S. Mail copies need to be served, please modify the certificate of service accordingly for the movant to complete such actions.

Exception The only exception for submitting a proposed order through the ePortal is the submission of an Income Withholding Order.

ePortal and Division Email ‘Do Nots’

• use this division email address for any other purpose than the submission of a proposed order.
• e-file your proposed Order through the ePortal Progress Docket or submit a proposed order without a detailed service list. Service list must have more than names, include the method of service (email or mailing address).
• submit two (2) orders for the same case at the same time in the ePortal. This will cause an error and one or both orders may be erased.
• submit one proposed order for two (2) case numbers. Each case number must have its own document.
• include any unnecessary marks on documents, including headers or footers (e.g., firm names, internal coding, watermarks, etc.) within the proposed Order.
• submit consolidated forms. All Stipulations (once e-filed) shall be submitted with the proposed order as its own document. Motions and Stipulations not e-filed will not be considered.
• 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.
• use the email and send identical paperwork via U.S. Mail.

In general, the Magistrate does not require courtesy copies of documents for hearings. If a party is asking the Magistrate to review case law for a hearing, please provide the case law at least 48 hours in advance of the hearing to avoid any delays in ruling.

There are no set criteria as to emergency or expedited hearings and the Magistrate Assistant can only give out emergency or expedited hearing time once the Judge has decided that a matter is an emergency or should be heard on an expedited basis and an order of referral has issued.

•  All evidence and exhibits should be brought to court the day of your hearing along with a copy for the other party and the Magistrate.
•  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., P = Petitioner, R = Respondent)
  • Petitioner’s exhibits are numbers. Respondent’s exhibits are letters.
  • the date the exhibit is entered into evidence, if known ahead of time; and
  • the case number (i.e., 22 DR 2222 NC).

Evidence and Exhibits for Zoom Hearings Only

Exhibits and evidence for Zoom hearings must follow the above directions along with copies received by the Magistrate and opposing party at least three (3) business days prior to the hearing via mail, hand delivery, or another delivery service. If you are planning to hand-deliver, you must first contact the Magistrate’s Office by telephone or email.

The Magistrate generally requires a case management hearing an order of referral and then a case management hearing prior to setting a matter for trial. Each party will be required to file a proposed parenting plan, financial affidavits, and proposed child support guidelines in case involving minor children where timesharing or parenting issues and child support are disputed. Failure to provide a Proposed Parenting Plan, financial affidavits, and proposed child support guidelines 10 days prior to trial may result in cancellation. See the requirement for the mandatory parenting course.

Both parties shall file their financial affidavits with the Clerk of Court prior to a trial being set. Parties shall submit a joint pretrial memorandum, no later than 3 days prior to a final hearing in a dissolution of marriage case.

Mediation

Before mediation can be ordered, both parties shall have filed their financial affidavits with the clerk of court.

Parenting Course

Attendance at the parenting course is required by statute. It is the responsibility of counsel to ensure their client has completed this course and a Certificate of Completion is on file. If one party has not complied at the time of the final hearing by filing a Certificate of Completion, the sanctions may be ordered against the non-complying party. If both parties have not complied, the hearing will be cancelled.

 List of Parenting Education Class providers

Settlements

The Magistrate’s office shall be contacted immediately once a settlement has been reached at MagistrateSAR@jud12.flcourts.org.

On the Documents & Forms page, find links to Administrative Orders, Court Forms, External Resources, Guardian ad Litem Forms, and Rules and Procedures.

Self-Represented Litigants/Pro Se Parties

Please read if you do not have an attorney The Magistrate must apply the same rules to all parties, regardless of whether you have an attorney. The Magistrate may not talk to you about your case outside of the courtroom, so please do not call to speak with the Magistrate. The Magistrate’s Assistant may not help you with your case or send information to the other party or attorney for you. The Magistrate’s Assistance may not “give the Magistrate a message.” Please do not ask the Magistrate’s Assistant for the outcome of a hearing or verify that an order has been signed; you may review the Clerk’s website for details about your case. Please remember that whenever you file something with the Clerk or provide the Court a copy, you must send a copy to all attorneys or parties at the same time. You may also contact the Twelfth Judicial Circuit Self-Help Center for guidance.

Interpreters

The Twelfth Judicial Circuit provides spoken language court interpreters to limited-English-proficient persons in accordance with Title VI of the Civil Rights Act of 1964, section 90.606, Florida Statutes, and Rule 2.560, Florida Rules of Judicial Administration. If you require the assistance of an interpreter, please submit your request using the Interpreter Request Form or please call 941‑749‑3659. Please submit your request as early as possible, requests made with less than 5 business days’ notice may not be accommodated.

El Duodécimo Circuito Judicial provee intérpretes judiciales de la lengua hablada a persona con dominio limitado del inglés según el Título VI de la Ley de Derechos Civiles de 1964, la sección 90.606, los Estatutos de la Florida y la Regla 2.560 de las Reglas de Administración Judicial de la Florida. Si requiere la ayuda de un intérprete, por favor envíe su Formulario de solicitud de intérprete o llame al 941‑749‑3659. Por favor, envíe su solicitud lo antes posible, las solicitudes hechas con menos de 5 días laborales de preaviso no pueden ser garantizadas.