JUDGE CYNTHIA L. COX FAMILY COURT PROCEDURES

1

JUDGE CYNTHIA L. COX FAMILY COURT PROCEDURES

Updated 1/15/2021

Indian River County Courthouse 2000 16th Avenue, Suite 383 Vero Beach, Florida 32960

Courtroom 6

UNTIL FURTHER NOTICE, ALL HEARINGS WILL BE HELD REMOTELY THROUGH ZOOM.

You must appear by VIDEO to provide testimony. Zoom instructions are available on the 19th Circuit website and attached hereto.

JUDGE COX’S ZOOM LINK: https://zoom.us/j/6168154963 JUDGE COX’S MEETING ID: 616 815 4963

PLEASE CAREFULLY REVIEW JUDGE COX’S EXHIBIT POLICY TO CORRECTLY SUBMIT YOUR EVIDENCE AT LEAST 5 BUSINESS DAYS

PRIOR TO THE HEARING.

CONTACTING JUDGE COX’S OFFICE

Please do not ask the judicial assistant or other court personnel to communicate any message to the Judge. This is prohibited ex-parte communication. The Court’s staff is not

permitted to relay ex-parte information to the Judge. All communication with the Court will be in open court with all parties present or in writing/e-mail with copies to the opposing party.

HEARINGS Online Calendar: https://slccjis.stlucieco.gov/attorney_calendar/

Please review the 19th Circuit’s Administrative Order 2015-12. (http://www.circuit19.org/documents/AO/2015/2015-12.pdf)

Family Court Information and Resources are available at:

http://www.circuit19.org/familyForms.html

2

All motions must be filed with the Clerk before setting a hearing. Pro Se/ Self-Represented: All hearings must be scheduled by going to the 19th Judicial Circuit’s website (www.circuit19.org). On the homepage, click on “Family Court Info & Resource” and select the appropriate online form for Indian River County. The judicial assistant does NOT track the pro se docket; please do not contact the judge’s office for pro se matters. Attorneys: ALL hearings must be coordinated and scheduled using the online calendar system: https://slccjis.stlucieco.gov/attorney_calendar/. Hearings 30 minutes and less can be scheduled directly online. If you need more than 30 minutes, please email the judicial assistant ([email protected]) to request hearing availability. ALL PARTIES MUST BE INCLUDED WHEN EMAILING THE JA. The motion (with relevant case law if applicable) and proposed order in Word format must be emailed to [email protected] and the opposing party at least five (5) days prior to the hearing date. Failure to provide the documents will result in the Court striking the hearing. All Orders must include a complete service list with e-mail addresses; if a party does not have an e-mail address, self-addressed stamped envelopes must be provided prior to the hearing. Cancelling a Hearing: PURSUANT TO THE CLERK’S PROCEDURES, EFFECTIVE JANUARY 1, 2021: ALL DOCKETS WILL BE FINALIZED FIVE (5) BUSINESS DAYS PRIOR TO THE HEARING DATE. THERE WILL BE NO CANCELLATIONS OR ADD ONS TO THE DOCKET. When a cancelled hearing is not timely removed from the online calendar, it monopolizes valuable court time. If you set a hearing on the online calendar, you have the ability to cancel that hearing on the online calendar. If you set the hearing through the JA, please email a copy of the Notice of Cancellation immediately after filing with the Clerk. FILING A NOTICE OF CANCELLATION DOES NOT REMOVE THE HEARING FROM THE ONLINE CALENDAR; the notice must also be emailed to [email protected]. Attorneys who consistently abuse the online calendar will have their online privileges suspended.

UNIFORM MOTION CALENDAR EFFECTIVE DECEMBER 2020: NO FINAL HEARINGS ON THE UMC DOCKET.

Uniform Motion Calendar (UMC) are generally on Tuesdays and Thursdays. UMC hearings must be scheduled using our online scheduling system and are only for adoptions and other

DOCKETS

UMC: 5-10 minutes, non-evidentiary, NO FINAL HEARINGS

Family Hearings: ALL types of hearings may be set on these dockets

Family CMC: Case Management Conferences set by the Court and not open for scheduling

3

non-evidentiary matters. Prior to setting a matter on the UMC docket, the party/counsel noticing the motion shall attempt to resolve the matter and certify their good faith attempt. The procedure for hearings (above) must be followed, i.e. no proposed word order = no hearing!

FINAL HEARINGS So long as hearings are being held remotely, there shall be NO final hearings on the UMC docket. Final Hearings must be scheduled on the FAMILY HEARINGS docket. Matters with children should be scheduled for at least 20 minutes. The Final Judgment in Word format and a copy of a Florida Driver’s License must be emailed to [email protected] at least 5 days prior to the hearing.

NOTICES OF HEARING All Notices of Hearing must have a certificate of good faith:

I HEREBY CERTIFY that I have personally contacted opposing counsel in an effort to resolve the issue(s), however, the matter cannot be resolved and a hearing is necessary.

Notices of Remote Hearing must have the following language:

At the designated hearing time, you will appear through Zoom teleconferencing (without charge) via video by clicking https://zoom.us/j/6168154963 or phone by calling 1-646-558-8656; Meeting ID: 616-815-4963. You must appear via video to provide testimony. You will be in the virtual “waiting room” until the case is called.

PLEADINGS

All original pleadings must be filed with the Clerk of Court. Online filing is available through for the Florida Courts E-Filing Portal (www.myflcourtaccess.com). It is not this office’s responsibility to file original pleadings. Emergency Motions: Parties should not file motions/petitions seeking emergency relief unless there is an emergency sufficient to justify disruption of the court’s docket. All emergency motions must be verified, e-filed and supported by good cause. Please email all emergency motions and proposed Orders (in Word format) directly to [email protected] immediately after filing the motion with the Clerk. (Please identify in the subject line that it is an EMERGENCY.) The body of the verified motion must contain a detailed explanation of the circumstances constituting the emergency as well as the substance of the motion. The motion should also indicate how much hearing time will be

4

needed. The Court will review the motion and, if it is determined that an emergency exists, all parties will be emailed with the soonest hearing availability. Please remember that your failure to plan ahead is not an emergency! Motions to Compel: If there is a motion to compel a response to discovery, you may submit a copy (as the original would have to be filed with the Clerk) of said motion to the Court with a proposed order (in Word format) giving the opposing party ten (10) days from the date of the order to comply. You must comply with 12.380 Fla.Fam.L.R.P. There is no requirement for a hearing on such a motion and the Court will issue an order. Gaspar, Inc. v. Naples Fed. Sav. & Loan Ass’n., 546 So.2d 764 (Fla 5th 1989) Temporary Relief: Parties MUST attend mediation before a Temporary Relief Hearing may be set. If you scheduled a temporary relief hearing without first having been to mediation, the hearing will be stricken from the docket.

FAMILY MEDIATION

Family mediation involves parties to a divorce, paternity, or similar family matter. Parties having a combined income of up to $100,000.00 may utilize the 19th Judicial Circuit Mediation Program. The mediators assist parties in identifying issues, solutions and alternatives, always keeping in mind the best interests of their children when children are involved. The mediator’s objective during the session is to help parties reach a mutually acceptable agreement on disputed issues: parenting arrangements, child support, property/debt division, and other issues. Please see our Mediation Program Tab on the 19th Judicial Circuit website for more information. Order of Referral to Mediation: When submitting an order of referral to Family Mediation, your cover letter must state the combined income for the parties and that both parties have current financial affidavits of record. Please use the form Order of Referral to Family Mediation. Judge Cox’s website has the most updated template to use for scheduling REMOTE mediation conferences.

NOTICE FOR TRIAL & CASE MANAGEMENT CONFERENCES

When your case is ready for trial, please email [email protected] with a Notice for Trial (with the anticipated full length of time necessary for the trial) and your case will be scheduled for a pre-trial conference.

5

The Court may schedule a Case Management Conference about 30-60 days after filing. You may use this time for a final hearing if all requirements have been met; if using the CMC as a final hearing, the proposed Final Judgment in Word format and a copy of a Florida Driver’s License must be emailed to [email protected] prior to the hearing. All parties are required to be present at the CMC.

CONTINUANCES If a case is set for a motion hearing, docket call, case management conference, or trial, and you desire a continuance (for good reason), you must first contact the other party/attorney and determine if they stipulate a continuance. If so, please submit a stipulated motion for continuance and proposed order (in Word format). If there is no stipulation, set the motion for hearing, just as with any other motion. Any such motion must be filed as soon as you are aware of the need for a continuance. If an emergency occurs, contact the other party and the Court as soon as possible to resolve such an issue.

POST JUDGMENT CASES All post judgment cases must be referred to the Magistrate (Order of Referral to Magistrate available on Judge Cox’s website). Once there is an Order of Referral, you may object in a timely manner. Should there be an objection entered, the case will be heard before Judge Cox. If no objection is filed in the case, it will remain with the Magistrate and any hearing dates and/or questions would be handled by the Magistrate’s assistant.

DOMESTIC/ REPEAT VIOLENCE CASES Please be advised that you must contact the domestic violence clerk to obtain or file a petition or to schedule any and all hearings for motions in domestic violence cases, such as motion to modify or dissolve. Do not send any petitions or motions directly to this office. Do not contact this office for hearing times on these cases. If a petition is filed, the clerk will provide it to the Court and the Court will issue the appropriate order. The Court will set the date for the hearing on a petition, if necessary. DV hearings will be on Wednesdays at 9:00 a.m. (occasionally, due to holidays or other conflicts, the date/time may change.)

PRO SE/ SELF-REPRESENTED Petitioners and/or Respondents without an attorney are “pro se.” If both parties are pro se/ self-represented, they will be referred to the Pro Se Coordinator. If you wish to inquire about the status of your case or you are looking to schedule a hearing, please visit http://www.circuit19.org/familyForms.html to complete the appropriate form.

6

The Code of Judicial Conduct forbids judges from discussing court cases or legal issues with the parties out of the court. Judges are not permitted to consider any argument or material not properly filed in the case as authorized by law and the rules of court. Please do not contact the judge’s office expecting to communicate with Judge Cox.

LEGAL ADVICE

Should you contact the office with any legal questions and/or advice, please be advised that we cannot provide any legal advice. If you have a legal question, this office will advise you to contact an attorney of your choosing. If you have any questions about scheduling a hearing or a procedural question, please email the JA ([email protected]).

CONTACTING JUDGE COX’S OFFICE Please do not ask the judicial assistant or other court personnel to communicate any message to the Judge. The Court’s staff is not permitted to relay ex-parte information to the Judge. All communication with the Court will be in open court with all parties present or in writing/e-mail with copies to the opposing party. E-Mail: The preferred method of communication for ALL parties (attorneys/ pro se) is via email through Judge Cox’s judicial assistant ([email protected]). Emails will receive immediate attention. Copies of pleadings, notices of hearing, and proposed Orders (in Word format) should be emailed to [email protected]. Hearing requests, correspondences and/or emergency motions should be emailed directly to the JA ([email protected]). You must include the opposing party as a copy recipient on ALL e-mails to this office. Phone: If you are unable to email the JA, please do not leave more than one (1) voicemail. DUE TO THE COVID-19 PANDEMIC, VOICEMAILS ARE ONLY CHECKED ONCE PER WEEK and will be replied to in order of priority. E-mails will receive immediate attention and are checked continuously throughout the day. Faxes: Please do not fax this office without prior approval. Our preferred method of receiving approved documentation is emailing of the scanned documents.

7

JUDGE COX’S EXHIBIT POLICY FOR VIRTUAL ZOOM HEARINGS & TRIALS

UPDATED 1/27/2021

EFFECTIVE 01/27/2021 FOR ALL VIRTUAL HEARINGS:

1. DO NOT send/e-mail exhibits to the Clerk’s office for pre-marking.

ONLY THE EXHIBIT LIST SHOULD BE E-FILED IN ADVANCE.

2. You must send all of your exhibits and a copy of the Exhibit List to:

(A) the other party; and

(B) the judicial assistant

--within the deadlines as established by your pre-trial order or Florida rule. IF NONE, then, --at least 48 BUSINESS HOURS prior to the start of your trial or hearing.

3. A completed Exhibit List and all proposed exhibits must be titled in the PROPER

MANNER AND FORMAT—see below.

Each exhibit shall identify (1) the party; (2) the party exhibit number; and (3) a short description of the exhibit.

PARTY IDENTIFERS: M = Mother F = Father

W = Wife H = Husband FW = Former Wife FH = Former Husband

FOR EXAMPLE: (Party exhibit (Description

(Party ID) number) of exhibit)

↘ ↓ ↙

W 1 Financial Affidavit;

H 2 Tax Returns;

M 1 Text Messages from 12/20/17;

F 4 Photographs of car;

FW 1 Facebook Message;

FH 6 Bank Statement.

FORMATS: Acceptable formats to be emailed are PDF, JPG, PNG, and MP4. No other file types will be accepted.

8

4. The exhibits must be scanned and emailed to the judicial assistant and all parties at least 48 BUSINESS HOURS prior to your hearing/trial. Include the case number, case name, and hearing/trial date in subject line.

COURT’S EMAIL: [email protected]

THE JUDICIAL ASSISTANT WILL NOT ACCEPT USBs WITH EXHIBITS; ALL EXHIBITS MUST BE EMAILED. (If there is a size issue with attachments, separate the attachments and send multiple emails, indicating in the subject line—with case name/number/date—Email 1 of 3.)

5. UNANTICIPATED REBUTTAL EVIDENCE may be submitted during the Zoom

hearing through the Chat-Files feature or Sharing Feature or be emailed during the hearing with permission of the Judge. Notwithstanding, all exhibits must be e-filed with the Clerk for safekeeping after the hearing/trial.

6. This procedure does not modify or change the Court’s Pretrial Order that requires a pretrial meeting to exchange documents (10 days prior to docket call) and a pretrial statement listing all exhibits (7 days prior to docket call). Paragraph VIII states: “The parties will be strictly limited to those exhibits and witnesses listed in the pretrial statement…”

7. NOTE: Failure to serve your exhibits on the other side(s) and the judicial

assistant AT LEAST 48 BUSINESS HOURS PRIOR TO THE HEARING/TRIAL DATE

shall result in exclusion of the exhibit and/or other appropriate sanctions.

8. NOTE: The party who is successful in admitting an exhibit is responsible for

filing admitted exhibits with the Clerk through the e-portal within one (1)

business day, POST-trial/hearing.

9

THE DO’S & DON’Ts OF VIRTUAL HEARINGS

DO’S

CONNECT EARLY: Appear for your hearing 10 minutes early. You will be in the virtual waiting room until you

or your case is called.

IDENTIFY YOURSELF: Rename yourself on Zoom to show your full name (no nicknames, phone numbers).

DRESS APPROPRIATELY: All participants must be fully dressed in proper courtroom attire—no pajamas,

sunglasses or hats.

ACT AS IF YOU WERE AT THE COURTHOUSE: Behave as if you were attending Court in person. The

same rules that apply to a live hearing in the courtroom apply to virtual hearings.

BE PREPARED: Have pen and paper readily accessible to write down important dates, times, and information

regarding your case. You may also want a calendar to coordinate future Court appearances.

SPEAK TO THE CAMERA: When speaking, try to look directly at the webcam, not the screen. Position your

camera at eye level and be mindful of what is behind you (as it will be visible to everyone).

BE ALONE: Remain seated in one quiet space, without anyone else present. If someone walks in, identify

them immediately.

STAY MUTED: Mute yourself when you are not speaking to avoid background noise.

STAY QUIET: Participants should speak one at a time and pause prior to speaking in the event that there is

video/audio lag.

PRACTICE: Become familiar with & practice Zooming prior to your hearing. Learn to connect your audio and

check your lighting. To testify, you must appear by both VIDEO AND AUDIO so be familiar with both functions.

DON’Ts

NO gum, no eating, no smoking or vaping.

NO minor children. Minors are NOT permitted to attend or be present in the room where any participant is

attending Court. Persons with minor children should take all reasonable steps to ensure they are not exposed

to the proceedings.

TURN OFF any electronic devices, especially phone ringer/notifications/alerts; do not communicate during the

proceeding without the Court’s permission and do not record the proceedings.

NO DRIVING: You must not attend or observe court proceedings while driving or operating heavy

machinery. Your full attention is required.

NO RECORDING: Participants should not create either a visual and/or an audio recording of a court

proceeding without permission. If a participant desires an official record, they can hire a court reporter to

appear.

REMEMBER:

If you are represented by an attorney and you need to confer, advise the Court and you will be placed in a

“breakout” room.

If you have any technological issues (for example, you cannot hear or your screen freezes), please let us know

immediately. If you cannot communicate in any other way, you may use the chat function to let us know what

is happening.

Exhibits/Evidence may be shown (“shared” on the screen) if they are provided at least 5 days in advance

pursuant to the Court’s Exhibit Policy.

If a party has an objection, the Court must rule/address the objection before the witness continues their

testimony.

While testifying, it is important that you not communicate with anyone else. That means that you may not talk,

text or email with anyone while you are testifying in our virtual courtroom. You may not look at any documents,

electronic or paper, unless the Court has given you prior permission to do so. That includes your reports or

any notes that you have relating to your testimony.