Requirements & Information
Standards of Professionalism
Judge Hankin 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
Many types of hearings can take place by Zoom. Zoom is a platform by which people can appear by telephone or by video. More information about the platform is available on Zoom's website and at Court Hearings on Zoom (jud12.flcourts.org). If, after reviewing the guidelines below, you are unsure about whether a hearing can occur by Zoom or whether you are supposed to appear in person, please contact the Judicial Assistant. Please note that those individuals appearing live will be heard prior to those appearing by Zoom. Additionally, even if a hearing is noticed by Zoom, the Court will permit litigants and attorneys to appear live and the hearing will go forward even if one or more litigants are on zoom and one or more are in the courtroom. If a hearing is noticed as an in-person hearing, litigants and attorneys must appear in person absent an order authorizing him/her to appear by Zoom.
Zoom and In-person Appearances in Civil Cases
With the exception of hearings on a claim of exemption, absent an order from the Court permitting an evidentiary hearing to occur by Zoom, evidentiary hearings shall take place live in the courtroom and the notice shall include language that the hearing is taking place live in the courtroom and not by remote means. Motions to appear by Zoom for evidentiary proceedings may be granted upon the Court’s finding of good cause in accordance with Fla. R. Gen. Prac. & Jud. Admin. Rule 2.530, per said Rule the opposing party has 10 days to object to the remote appearance.
Non Evidentiary hearings less than thirty minutes in length and hearings on claims of exemptions may be noticed as a Zoom hearing without prior authorization from the Court as long as the Notice of Hearing includes the Meeting ID, Password, and information about how to access and utilize Zoom.
Small Claims Pretrial Conferences shall be in person, unless the Court enters an order referring the case to mediation in lieu of a Pretrial Conference, which will only be done upon a motion and showing of good cause.
Zoom and In-person Appearances in Criminal Cases
Arraignments, trials, evidentiary hearings, open pleas, docket soundings, trial status, public defender and pro se pretrial conferences, violation of probation hearings and non-evidentiary hearings expected to last longer than fifteen minutes will take place live in the courtroom and shall be noticed as such absent a court order permitting an appearance by Zoom. Requests to appear by Zoom for these types of proceedings will be granted upon the Court’s finding of good cause and if such request is otherwise in compliance with Rule 2.530 of the Fla. R. Gen. Prac. & Jud. Admin.
Pretrial conferences for private attorneys, plea hearings for negotiated pleas, violations of probation, and other non-evidentiary matters expected to last 15 minutes or less may be noticed as a Zoom hearing without prior permission from the Court. If such a hearing is set during a prior court hearing, no notice of hearing is necessary and the attorneys and defendants can appear by Zoom.
- Judge Hankin’s current Zoom page, including Meeting ID and Password
B. Hearing Procedures
Scheduling
All hearings shall be scheduled through the JACS. However, any hearings that require more than sixty (60) minutes shall be scheduled through the Judicial Assistant. Hearings are limited to the time reserved. All motions shall be filed prior to reserving hearing time.
If there is no hearing time available or if you need more than sixty (60) minutes for your hearing please contact the Judicial Assistant.
Pro Se Scheduling
Self-represented litigants should contact the Judicial Assistant via email at CoDivisionC@jud12.flcourts.org, whenever possible, to schedule a motion or other hearing. The opposing party should be copied on the email, and you should advise what motion or hearing you are attempting to schedule and the time you believe will be needed for the hearing/motion, considering how much time you will need and how much time you estimate the opposing party will need.
Interpreters
It is the attorney/party’s responsibility to request any necessary interpreters. Interpreters may be requested through the 12th Judicial Circuit’s website, utilizing the Interpreter Request Form. Requests must be made 5 days in advance.
Inmates
It is the attorney/party’s responsibility to alert the Judicial Assistant of any Defendant that is in custody and needs to be transported for a hearing or needs to appear via Zoom. This must be done at least 48 hours prior to the hearing.
Technology services
All technology service requests must be made prior to trial. If presentation equipment or assistance is needed, please review the Technology Services page for more information. It is the attorney/party’s responsibility to obtain all requests or equipment needed for trial.
Motions for Rehearing, Reconsideration or New Trial
Do not set for hearing. Hearings set without the Court’s prior approval will be cancelled.
All Motions for Rehearing, Reconsideration or for New Trial shall be filed and submitted directly to the Judicial Assistant. The judge will review the motion to determine whether a hearing is warranted.
Noticing
All notices of hearing shall list the exact title of the motion or other document that is to be heard and shall note the date of filing. If a hearing is scheduled in JACS and “unlisted motion” is selected, the exact name of the motion being scheduled must be added in the “Additional Information” section of JACS. Notice of Hearings for remote appearances must include the Meeting ID, Password, and information about how to access and utilize Zoom.
Substitute Motions
Once a hearing is scheduled, no additional motions are to be added or substituted absent prior approval of opposing counsel and the Court. If multiple motions are being scheduled all motions shall be specifically listed.
Cross Noticing Hearings
“Piggybacking” or cross noticing of motions or substitute motions is not permitted absent the consent of all parties and the Court.
Cancellations
JACS should be used to cancel hearings when possible. However, JACS will not authorize a cancellation when it results in short notice to the parties. When JACS does not permit a cancellation, the moving party may cancel the hearing only by emailing a copy of the e-filed Notice of Cancellation to the judicial assistant. Include all parties in that email. The judicial assistant will acknowledge receipt of the notice, cancel the hearing, and inform all parties the hearing has been cancelled.
C. Communications with the Court
Self-Represented Litigants (pro se): The Court must apply the same rules to all parties, regardless of whether you have an attorney. Your opportunity to speak with the Judge about your case is when you are in the courtroom as well as in written motions and responses. The Judge may not talk to you about your case outside of the courtroom, so please do not call to speak with the Judge. My Judicial Assistant can help you schedule a hearing. The Judicial Assistant may not help you with your case or send information to the other party or attorney for you. Please do not ask the Judicial Assistant for the outcome of a hearing or verify that an order has been signed; you may review the Sarasota County Clerk’s website for details about your case. Please remember that whenever you file something with the Clerk or provide the Judge a copy, you must send a copy to all the attorneys or parties at the same time.
Scheduling for Pro Se Litigants: Self represented litigants should contact the Judicial Assistant via email at CoDivisionC@jud12.flcourts.org, whenever possible, to schedule a motion or other hearing. The opposing party should be copied on the email and you should advise what motion or hearing you are attempting to schedule and the time you believe will be needed for the hearing/motion, considering how much time you will need and how much time you estimate the opposing party will need.
Emails are not motions: The Court will not consider an email to be a motion. If any party wants the Court to take action, the party must file a motion and set it for hearing when appropriate.
Mandatory use of the Portal: The Florida Courts E-Filing Authority maintains a single, statewide access point to file court documents known as the E-Filing Portal. Most self-represented litigants (pro se litigants) as well as attorneys must register with the Portal to send and receive court documents as required by Florida Rule of General Practice and Judicial Administration 2.516. The Portal maintains many “how-to” videos.
D. Submission of Orders
Attorneys are strongly encouraged to use the statewide Portal as is described in Administrative Order 2022-1.2, as it will result in the quickest turnaround time by the Court. The Portal maintains many “how-to” videos.
However, attorneys may send proposed orders to the Judicial Assistant by hard copy. Do not sent orders in more than one way. For example, if you use the portal, do not also send in a hard copy to the Judicial Assistant.
The Court expects that you will only submit a proposed order when all attorneys or parties agree on its 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 order with a concise statement identifying the disagreement and the specific steps you took. The opposing attorney may submit at the same time an alternate proposed order through the Portal.
E. Courtesy Copies
The Court reviews motions and responses directly from the electronic Court file, and for that reason, the Court routinely does not need a courtesy copy. For hearings involving a high number of pages or documents, the Court encourages text searchable electronic copies of the notice of hearing, motion(s), supporting material, and any directly relevant cases, which must be delivered no later than three days prior to the hearing. Please give opposing counsel—and the Court—the opportunity to be prepared to address your motion.
F. Emergency & Other Urgent Matters
All requests for emergency hearing time must be made by first filing an emergency motion with the Clerk and then providing a copy of the motion for the Judge’s review, by emailing the Judicial Assistant. The motion shall be accompanied by a cover letter that must include an estimate of the amount of hearing time required. The Judge will review the motion to determine whether an expedited hearing is necessary. The motion shall contain certification that the attorney has personally spoken with opposing counsel, or has made diligent attempts to contact opposing counsel, in an effort to resolve the disputed issue(s) and recite opposing counsel’s position prior to requesting an emergency hearing.
G. Exhibits for Evidentiary Proceedings
Remote Evidentiary Hearings
Before the hearing, ensure hard copies of the following are delivered to the Judicial Chambers:
- A Table of Exhibits.
- Each exhibit labeled “Plaintiff 1” or “Defendant A” and so on
- Confer with opposing counsel to determine what exhibits are stipulated and what evidentiary objections each side is maintaining and avoid duplicate exhibits.
- Practice using the screenshare function on zoom and have your exhibits readily accessible on your computer to screenshare during the hearing if permitted by the judge.
- Provide your witnesses with exhibits prior to the hearing.
Live Evidentiary Hearings
Before the hearing begins, have in your possession the following:
- A Table of Exhibits.
- Each exhibit labeled “Plaintiff 1” or “Defendant A” and so on
- Confer with opposing counsel to determine what exhibits are stipulated and what evidentiary objections each side is maintaining and avoid duplicate exhibits.
- Provide your witnesses with exhibits prior to the hearing.
H. Pretrial Procedures & Conferences
Criminal Pretrial Conferences
Criminal Pretrial Conferences can be continued two times without the need for the Defense Attorney to appear provided that the Defense Attorney has filed with the Clerk the Pretrial Conference Request Form and it has been imaged by the Clerk prior to the scheduled Pretrial Conference. Do not send the completed forms to the Judicial Assistant. Forms are available on the Criminal Division page and in the courtroom. An attorney can hand this form to the Clerk at the Pretrial Conference and the attorney may then leave without waiting for the Court to call his or her case.
Small Claims Pretrial Conferences
Appearance in person is required at Small Claims Pretrials, unless a Court Order has been entered referring the case to mediation, which will only be done upon a motion that shows good cause. If a plaintiff has not been able to serve all the defendants in the case, the Court will leave the case open without the necessity of the plaintiff appearing. It will be the responsibility of the plaintiff to obtain another summons in order to schedule another court date.
Civil Pretrial Conference
Appearance may be by Zoom or in person. The lead attorney must be present in all cases demanding a jury trial. The parties must have complied with all requirements for pretrial conference provided in the Trial Order.
I. Setting Case for Trial
Criminal cases will be set for trial at Pretrial Conference. Civil cases will be set for Trial at Case Management Conference.
J. Preferred Division Forms
K. Other Division Procedures
Settlement: If the parties settle after the case is set for trial, not only must the parties immediately notify the Judicial Assistant, the parties must also immediately contact the attorneys next in order on the trial lineup (even over the weekend). Please be considerate so that court time is not lost due to settlements when others are needing that same hearing time.
Orders under advisement: The Court attempts to rule from the bench where appropriate. If the Court takes a matter under advisement, it tries to rule as quickly as possible under the then current circumstances. Please do not call to ask about the status of the order. If 30 days have elapsed without a ruling, the movant may call the Judicial Assistant to advise that the matter has been under advisement for 30 days. The 30 days begins upon the Court’s receipt of the last post-hearing submission (e.g., transcripts, supplemental briefs, or legal authority).