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PAMELA A.M. CAMPBELL
Circuit Judge
Pinellas and Pasco Counties
Civil Division, Section 11
St. Petersburg Judicial Building
545 First Avenue North, Room 300St. Petersburg, FL 33701
Phone: (727) 582-7550
Fax: (727) 582-7806
Updated: January 25, 2011
GENERAL CIVIL PRACTICE PREFERENCES
(See Page 27 for Alphabetical Index)
1. COURTROOM DEMEANOR. Professionalism, civility, integrity nothing less will be tolerated. Administrative Order No. PA/PI-Cir-99-46: Standards ofProfessional Courtesy for the Sixth Judicial Circuit will be STRICTLY enforced.
Professionalism and courtesy is expected and always appreciated, at all times.
2. HEARINGS: Most hearings are held in Chambers. For specificinstructions on setting hearings see Appendix A. Scheduling hearings are done primarily
through email with my Judicial Assistant, Teresa Muhlstadt at [email protected].
3. DEPOSITION DISPUTES: Attempt an immediate telephone hearing,otherwise, certify question and set hearing.
4. UNIFORM MOTION CALENDAR (CIVIL): Section 11 does not havea Uniform Motion Calendar, per se. In the past, attorneys have scheduled 5 minute
hearing times for issues that take much longer, therefore, it is up to the discretion of the
Judge, based upon the Motion, as to whether or not it will be put on during a five minute
hearing calendar. PLEASE STATE IN YOUR REQUEST THAT YOU ARE ASKING
FOR 5 MINUTES.
5. TELEPHONE HEARINGS: A telephone hearing will be permitted onnon-evidentiary matters, as per Rule of Judicial Administration, 2.071. Hearing by
telephone MUST BE SET FORTH IN THE NOTICE OF HEARING. The party filing
the notice shall be responsible for advising the Court and all parties of the telephone
nature of the hearing, who will be attending by phone and, if there are more than two
parties attending, arranging the conference call, with the Judge being called last.
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6. EXPEDITED HEARING TIMES: In the event you have reviewed ourhearing list and determined that there is not a date available within the time range
required in your motion, you may request an expedited hearing time, if the facts of thecase permit. Please submit, by email or facsimile, your Motion to Set Expedited Hearing
setting forth the extenuating circumstances requiring the special set hearing and a copy of
the motion that you need to set for hearing. Be sure to include the amount of time that
you need for the hearing.
7. EMERGENCY MOTIONS (All): Any Emergency and/or ExpeditedMotions shall be faxed or emailed to the Court at (727) 582-7806 or to
[email protected] and will be considered by the Court as soon as possible. The Court
will determine if a bona fide emergency or need for an expedited hearing exists. In the
event the Court agrees, the Judicial Assistant will contact the parties to set up a time forthe hearing. Note: Emergency/Expedited hearings involve matters in which the moving
party will suffer irreparable harm/damage if relief is not granted immediately. Opposing
counsel/party is to be provided with any Emergency/Expedited Motions in the same
manner as the Court, unless lawful reasons exist that prevent notice are stated in motion.
8. PROPOSED ORDERS:(a) All proposed Orders MUST be pre-approved by opposing counsel
BEFORE forwarding to the Court, AND so stated in the cover letter. If there is a
disagreement, see (c), below.
(b) Judges Signature: Orders should not be submitted to the Court thatcontain only the Judges signature on the last page. Some part of the body of the Order
shall accompany the Judges signature block.
(c) PROPOSED ORDERS (Disagreements): In the event the parties areunable to reach an agreement as to the form of an Order to be provided to the Court, the
parties may contact my Judicial Assistant and arrange for a telephone conference with the
Judge, prior to setting any hearings or sending proposed Orders to the Court for the
purpose of efficiency.
(d) ENVELOPES: Any documents provided to the Court that require a returnof a document to party shall be accompanied by a self-addressed, stamped envelope that
also contains the return address of the party submitting the document to the Court.
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9. MEDIATION(a) Civil: All cases must go to mediation prior to being set for jury or non-jury
trial. In the event the parties believe that mediation will not lead to a resolution of the
issues, a hearing must be held and an Order entered allowing the case to proceed to trial
without first going to mediation.
(b) Homestead Foreclosures: Administrative Order 2010-025 PA/PI-CIRdated May 21, 2010, sets forth the specificities of mediation (Residential Mortgage
Foreclosure Mediation Program RMFMP) as to foreclosures and can be reviewed at
http://www.jud6.org/LegalCommunity/LegalPractice/AOSAndRules/aos/aos2010/2010-
025.htm .
(c) Non-Homestead Foreclosures: A case involving a non-homestead orcommercial property will only be referred to mediation upon written request of the lender
or borrower and will not be automatically referred to mediation.
10. MOTIONS TO COMPEL: When a Motion to Compel alleges a completefailure to respond or object to discovery, and there has been no request for extension, an
ex parte order, without hearing, may be entered requiring compliance with the original
discovery demand within (10) ten days of the signing of the Order. Movant shall submit
a cover letter, the Motion, proposed Order, along with appropriate copies and envelopes
to the Court for consideration and will copy opposing counsel/party.
11. MOTIONS TO WITHDRAW: Motions to Withdraw will be consideredby the Court without hearing only if your client has executed a consent to the attorneyswithdrawal. Submit the consent, motion, proposed Orders and envelopes to the Court for
consideration. The order MUST CONTAIN THE COMPLETE ADDRESS AND
TELEPHONE NUMBER WHERE ALL FUTURE CORRESPONDENCE AND
PLEADINGS MAY BE SENT TO THE CLIENT.
In the absence of a signature from the client, a hearing, with proper notice to the
client, must be set.
12. SUBSTITUTION OF COUNSEL: Rule of Judicial Administration2.060(h) requires that all substitutions of counsel MUST BE SIGNED BY THE CLIENT.
Furthermore, all orders for substitution MUST CONTAIN THE NEW ADDRESS OF
THE PLAINTIFF/DEFENDANT/ATTORNEY and a working telephone number.
In the absence of a signature from the client, a hearing, with proper notice to the
client, must be set.
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13. INDEPENDENT MEDICAL EXAMINATIONS: In order to resolvemost IME issues, the Court has a standard Order which can be submitted with a Motion
on an ex parte basis. Please refer to Appendix D for the standard order for examinations
which should answer any questions regarding IME procedures.
TRIAL PROCEDURES(See Appendix F Standing Trial Procedures)
14. PRE-TRIAL (General): Discovery cut-off is generally the pretrial date.The parties will submit to the Court ONE Uniform Pretrial Conference Order agreed
upon by the parties at least five (5) business days prior to the pretrial date. The pretrial
conference date is a mass motion calendar with all pretrials being scheduled at the same
time on a given date for that specific months trial docket.
15. PRE-TRIAL (Attorneys): THE COURT REQUIRES PERSONALATTENDANCE AT THE PRETRIAL BY ALL PARTIES. Attendance by anattorney who will be at the trial of the matter is required. The Court DOES NOT
ALLOW telephone appearances at pretrials.
16. TRIALS ( Pretrial Motions and Motions in Limine): Generally,Motions in Limine and other pretrial motions are heard prior to the date of trial. The
Court tries to keep time slots available before the trial. The parties should review the
Court schedule to determine when they should be scheduled before the Pretrial
Conference.
17.
TRIALS Motions and Stipulations to Continue Trials. THIS COURTMAINTAINS A FIRM POLICY REGARDING THE CONTINUANCE OF TRIALS in
accordance with rule 2.540, Judicial Rules of Administration. The Court does NOT
accept Stipulations for Continuance with proposed Orders submitted by mail. Any
Motion for Continuance, even if by stipulation, must be set for hearing before the Court.
18. TRIALS (Motions for Summary Judgment): Motions for SummaryJudgment in cases that have been set for trial, must be heard at least 30 (thirty) days prior
to trial or the parties may waive their ability to have such a hearing. Caution: Attorneys
intending to have Motions for Summary Judgment heard prior to trial should review the
courts schedule early to ensure time availability.
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19. TRIALS:Requesting a Trial Date. Submit a Notice that the Case is atIssue and Ready to be Tried. In the Notice, you must include the number of days
required for trial, including jury selection, the type of case being tried and whether or not
the case has been to mediation. If it has been to mediation, then the notice should contain
the date it went to mediation and the outcome, i.e. impasse or partial settlement. The
attorneys may agree to specific trial week by joint stipulation; however, it is theattorneys responsibility to contact the Judges office prior to entering into a stipulation to
confirm date availability.
20. TRIALS (Discovery Cut-off): Generally, the discovery cut-off is atpretrial, unless circumstances require an alternative period. This issue may be addressed
on a case by case basis or by stipulation of the parties and the Judges approval. Any
procedural questions may be directed to the Judicial Assistant, preferably by email.
21. TRIAL (Experts): Except in ruling on an objection, the court should notdeclare that a witness is qualified as an expert or to render an expert opinion and counselshould not ask the Court to do so. (Standard 17, Civil Trial Practice Standards of the
Section of Litigation of the American Bar Association 1998.) A judicial ruling that a
proferred expert is qualified prior to the time that counsel has posed a precise question
eliciting expert testimony is premature and, unless an objection is interposed,
unnecessary.
22. TRIALS (DVDs, Powerpoint, Trial Graphics, Demonstrative Aids):All such evidence shall be marked and identified, prior to the commencement of trial.
Any special audio/visual requirements should be directed to the Audio/Visual
Department at (727) 464-7975 at least 10 (ten) days before trial.
23. TRIALS (Marking Evidence): Evidence shall be exchanged prior to trial.All evidence is to be pre-marked in advance of its intended use by counsel. Whenever
possible, the parties shall provide the Court with an index of the exhibits to be used at
trial by both sides. Where possible it is preferred to mark the exhibits with the Clerk
prior to utilizing.
24. TRIALS (Tangible Evidence): After showing the exhibit to opposingcounsel, it may be shown to the witness without first showing it to the Judge. If the
Judge requests to see an exhibit, counsel may hand it over directly to the Court, after
requesting permission to approach.
25. TRIALS (Memoranda, Trial Briefs, Case Law, etc.): Memoranda, trialbriefs, case law, proposed findings of fact and law are not required, but if it will facilitate
the trial, they are appreciated. They should be provided to the Court at least three (3)
days prior to the trial date.
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26. TRIAL (Jury Instructions): Counsel for the parties are expected to conferprior to trial regarding proposed jury instructions and be ready to present a copy of the
proposed instructions to the Court on the FIRST day of trial. If counsel intends to request
the Court to read during voir dire or at the beginning of the trial, proposed instructions
should be presented to the Court at the Pretrial Conference. The parties should also
provide an electronic copy to the court by sending it to the Judicial Assistant [email protected] in Word format.
27. TRIAL CONDUCT:Advise all parties and all witnesses to be appropriately dressed for Court and to
disable all pagers and cell phones prior to entering the courtroom.
Only bottled water is permissible in the courtroom.
Publication of exhibits and other evidence to the jury should be done only withleave of Court so as to make the best use of trial time.
Counsel should not address each other except for perfunctory matters such as
stating the page and line of a deposition.
Attorneys should instruct clients and witnesses to refrain from displaying pleasure
or displeasure with arguments or evidence by gestures, facial expressions or audible
sounds.
If two or more lawyers represent a party, only one may question any one witness.
Be extra careful to prevent the jury from seeing evidence or exhibits before
introduction into evidence. Be alert and do not leave documents and exhibits exposed on
the counsel table.
Please call EVERYONE, including your clients, by the formal Dr. Reverend,
Professor, Mr., Ms., Mrs. followed by the last name. This does not necessarily apply to
children.
At all times, please stand when speaking.
It is established law that attorneys are not to assert their personal beliefs in general
or their personal opinions on the justness of a cause, the credibility of a witness or the
culpability of a cause, or of a litigant.
The Court only allows direct, cross, re-direct examination. Additional questioning
is by court permission only.
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The Court allows jurors to take notes and ask questions (in writing) of witnesses.
Jurors are instructed not to be distracted by note-taking and not to give notes of another
greater weight than their own recollection. You may make your objections to juror
questions at the bench. Please dont voice your objections or the fact that you have no
objection within the hearing of the jury.Voir Dire Format: Attorneys will inquire of the entire jury panel seated in the
gallery. A seating chart with juror names will be provided. The Court will initiate voir
dire questions and then counsel will follow with inquiry.
Objections:
Sidebar or bench conferences on objections or motions related to evidentiary
matters are not favored and will rarely be permitted, if at all.
Please do not make speaking objections. Objections in front of the jury can bemade in no more than five words and preferably in three.
Final Argument: The time available to you for final arguments will be limited
and set by the Court.
Arguments are limited to matters in evidence and all inferences reasonably to be
drawn from the evidence together with references to matters of common knowledge.
PLEASE DO NOT:
Testify in the guise of argument or assert your personal belief. Do not suggestthat you have personal knowledge of matters outside the evidence.
Make golden rule arguments requesting the jury put itself in the place of theparties.
Imply the judge favors one side or the other by a judicial ruling or otherwise. Elicit feedback, or any direct or immediate response of a juror. Appeal to sympathy, bias, or prejudice or seek to inflame the jury by arousing
feelings of hatred or distrust. It is not the jurys duty to send any message.
You may argue and use the jury instructions during closing, so long as they are
recited accurately and in context.
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28. TRIAL (Settlement): It is the responsibility of all parties to an action tocontact the Judges office either by phone or email to advise of the settlement of a case.
The parties should also advise the Court if there are any future hearings set on a matter
that can be removed from the Courts calendar.
29. NON-JURY TRIALS: When requesting a date for a Non-Jury Trial,please submit a Notice to Set Non-Jury Trial with notice to all parties. As with jury
trials, these cases must go to mediation prior to being set for trial. Your Notice should
indicate that number of hours or days that are requested, the type of case being tried and
the date that the case went to mediation and reached an impasse. Upon receipt and
confirmation that the case was mediated, the court will enter an Order Setting Pretrial
Conference and Non-Jury Trial.
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FORECLOSURES
30. FORECLOSURES (Residential Property Final Hearings): As of July12, 2010, all Uniform Final Summary Judgment hearings for residential property will be
heard by one of two senior judges. In order to set a hearing for Final Judgments
hearings ONLY, call the Foreclosure Case Manager in St. Petersburg for JudgeCampbells cases at (727) 582-7700.
31. FORECLOSURES - RESIDENTIAL (All Non-Dispositive Motions):All hearings except for Final Summary Judgment hearings, including hearings for
deficiency judgments and Motions for Final Judgment ofReforeclosure, shall be heard
before Judge Campbell and NOT before the Senior Judges.
32. FORECLOSURES (Commercial Property Final Hearings): Allhearings regarding commercial property, including Final Summary Judgments, will be
heard before Judge Campbell. To schedule a hearing for Commercial property litigation,you should email your request for available hearing times to the Judicial Assistant (as set
forth in Paragraph 2) and she will provide you with the most current listing of hearing
dates. See Appendix E for a more detailed explanation of the foreclosure hearing process
and the requirements for the Sixth Circuit and the State of Florida.
33. FORECLOSURES (Commercial Property All Hearings): ALLhearings concerning commercial property, including the Final Summary Judgment
hearing shall be heard before Judge Campbell and NOT before the Senior Judges.
34.
FORECLOSURES (Notices of Sale): DO NOT SEND NOTICES OFSALE TO THE COURT FOR COMPLETION OR TO BE FORWARDED TO
THE PUBLISHER. As of January 2, 2010, the Lender is responsible for completing
and submitting the Notice of Sale directly to the appropriate newspaper. Notices must be
prepared and published in accordance with Chapter 45 and 702, Florida Statutes.
ALL FORECLOSURE SALES SET ON OR
AFTER OCTOBER 4, 2010 IN
PINELLAS COUNTY SHALL BE CONDUCTED ONLINE AT
WWW.PINELLAS.REALFORECLOSE.COM AT 10:00 A.M.
(SEE ADMINISTRATIVE ORDER NO. 2010-052 PI-CIR)
35. FORECLOSURES (Bankruptcy): Pursuant to Administrative Order2010-025 PA/PI-CIR dated May 21, 2010, if, prior to the commencement of a foreclosure
sale, the Clerk receives a suggestion of bankruptcy on behalf of a named defendant in that
foreclosure case, the Clerk is directed to cancel the foreclosure sale.
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36. FORECLOSURES (Certificate of Compliance): A Certificate ofCompliance must be filed five (5) business days PRIOR to the final hearing for
foreclosure. The form MUST BE COMPLETE and accurate. Form M - CERTIFICATE
OF COMPLIANCE WITH FORECLOSURE PROCEDURES from Administrative
Order 2010-025 PA/PI-CIR
37. FORECLOSURES (Uniform Final Judgment of Foreclosure): Allproposed final judgments of foreclosure MUST be in the format of the Uniform Final
Judgment of Foreclosure for the Sixth Judicial Circuit, unless otherwise specifically
approved by Judge Campbell. ANY changes to the form must be brought to the attention
of Judge Campbell at or before the final hearing. Form N - UNIFORM FINAL
JUDGMENT OF FORECLOSURE from Administrative Order 2010-025 PA/PI-CIR
38. FORECLOSURES (Foreclosure Package for RESIDENTIAL FinalHearing): The Lender must deliver a foreclosure package to the foreclosure case
managers at least (5) five business days prior to the final hearing date (See Appendix Efor mailing addresses) which includes the following:
a. Proposed Uniform Final Judgment of Foreclosure (Form N, above), withself-addressed, stamped envelopes shall include the return address of the firm
providing the documents. The SALE DATE SHOULD BE BLANK, the amounts
should all be completed, and the location of the sale shall be online and in accordance
with Administrative Order No. 2010-052 PI-CIR.
b. Original Promissory Note and any assignments (unless previously filed, inwhich case a copy of the notice of filing should be provided)
c. A copy of the Certificate of Compliance (Form M, above)d. A copy of the Notice of Hearing bearing a certificate of service date of not
less than 20 days prior to the final hearing date, and containing the CORRECT
LOCATION AT WHICH THE HEARING WILL BE HELD.
e. Judge Campbell WILL NOT consider Affidavits of Non-Military Servicemade with personal knowledge signed by an attorney unless appropriate documentation is
attached, such as a Department of Defense, Manpower Database Search Summary.
DO NOT SEND AN ORIGINAL OR COPY OF THE NOTICE OF SALE.
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39. FORECLOSURES (Cancellations of Sales): If a Lender wishes to cancela sale, a written Motion to Cancel AND Reschedule Foreclosure Sale and proposed Order
Canceling and Rescheduling Foreclosure Sale must be filed in substantial compliance
with Florida Rule of Civil Procedure form 1.996(b) and Administrative Order 2010-025
PA/PI-CIR, which requires that the reason for the cancellation be included AND the
number of times that the sale has been canceled previously. You should fax a copy of theMotion and proposed Order to (727) 582-7806 and follow up with an original Motion,
Original Order, copies and envelopes, immediately thereafter.
40. FORECLOSURES (Writs of Possession): The moving party mayprovide the Court with the Motion for Writ of Possession along with copies of the
Certification of Notice to Tenants, Final Judgment of Foreclosure, and Notice of Sale, a
proposed Order Directing Clerk to Issue Writ of Possession and appropriate copies and
envelopes. Upon receipt of these items, the Court will consider entering an Order, ex
parte, without hearing.
41. FORECLOSURES (Substitution of Party): When submitting aSubstitution of Party Plaintiff PRIOR TO FINAL SUMMARY JUDGMENT, the
Plaintiffs counsel must include the appropriate documentation that supports the
allegations set forth in its Motion, including copies of assignments, etc. Absent the
appropriate documentation, regardless of whether the original is filed in the court file or
the public records, the entire package will be returned to the moving party, unsigned.
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APPENDIX A
Instructions for Setting Hearings in Section 11
Judge Campbell
Email: [email protected]
Email your request for hearing times to the above address. Once you receive
confirmation of the time and date from opposing counsel, please provide the
following:
1. Complete case number, including section and type of case2. Name of the Motion to be Heard3. The party who is bringing the Motion, i.e., Plaintiffs Hearing onDefendants Motion to Dismiss4. Date you have chosen5. Hearing time requested6. Amount of time requested7. Full name of the Plaintiff(s)8. Full name of the Defendant(s), including all defendants affected by or
noticed for the hearing
9. Plaintiffs attorneys phone number, including the FIRM NAME10. Defendants attorneys phone number, including the FIRM NAME. Please
include all attorneys attending the hearing and designate which defendant
they represent
11. Your full name and contact information, including email address12. State whether any party will be attending by phone. If so, you must file
a Notice of Telephonic Hearing and YOU CALL US at the time of the
hearing.
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13. Once hearing times are obtained and cleared with opposing counsel andyou send back an email requesting a confirmation of the date and time chosen, YOU
MUST AWAIT confirmation from the Judicial Assistant BEFORE submitting your Notice
of Hearing. The Judicial Assistant will confirm a hearing time with you usually within a
few minutes of your email, but at times it may take up to 24 hours. If you do not hear
back with a confirmation email within 24 hours, please email a reminder. In the event thedivision is closed for any reason, you will receive an automated email response which
will advise you as to when the division will re-open.
14. After the hearing is confirmed you MUST SEND A COURTESY COPYOF THE NOTICE OF HEARING AND THE MOTION TO BE HEARD. Judge
Campbell prefers to review files and motions ahead of the hearing time. In order to
assure full preparation for your hearing, this is imperative.
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APPENDIX B
Checklist for Residential Foreclosure Final Hearings
1. The Lender must deliver a foreclosure package to the Foreclosure CaseManager at least (5) five days prior to the final hearing date which includes thefollowing:
a. Proposed Uniform Final Judgment of Foreclosure (Form N, above), withself-addressed, stamped envelopes that include the return address of the firm providing
the documents. The SALE DATE SHOULD BE BLANK, the amounts should all be
filled in, the location of the sale shall be online and in accordance with
Administrative Order No. 2010-052 PI-CIR which may be viewed at
http://www.jud6.org/LegalCommunity/LegalPractice/AOSAndRules/aos/aos2010/2010-
052.htm
b. Original Promissory Note (unless previously filed, in which case a copy ofthe notice of filing should be provided)
c. A copy of the Certificate of Compliance (Form M, above)d. A copy of the Notice of Hearing (must be mailed to other parties at least 20
days prior to the final hearing, with five days mailing time).
DO NOT SEND AN ORIGINAL OR COPY OF THE NOTICE OF SALE.
2. Double-check any defaults against the main parties to ensure that the non-military affidavits have been filed and that they have with them the Department of
Defense, Manpower Database Search Summary, which can be obtained free of charge
from the Department of Defense at the following web site:
https://www.dmdc.osd.mil/appj/scra/scraHome.do
3. In the event that ownership of the mortgage has changed since the inceptionof the lawsuit, please ensure that all transfers are accompanied by proper documentation
confirming the chain of title.
4. All stamped, self-addressed envelopes MUST CONTAIN YOUR FIRMSRETURN ADDRESS. We will NOT accept envelopes that are stamped and addressed to
defendants that do not have your firms return address.
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5. The Foreclosure Case Managers review each foreclosure package and filein detail and any files not in compliance with Florida Statutes, and all other applicable
rules and administrative orders, will be returned, unsigned, and will have to be re-set.
6. The most recent Administrative Order as of May 10, 2010, can be viewedat:http://www.jud6.org/LegalCommunity/LegalPractice/AOSAndRules/aos/aos2010/2010-
025.htm
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APPENDIX C
Checklist for COMMERCIAL Foreclosure Final Hearings
7. The Lender must deliver a foreclosure package to the Judge Campbell atthe St. Petersburg Judicial Building, 545 First Avenue North, Suite 302, St. Petersburg,Florida 33701, least (5) five days prior to the final hearing date which includes the
following:
a. Proposed Uniform Final Judgment of Foreclosure (Form N, above), withself-addressed, stamped envelopes that include the return address of the firm providing
the documents. The SALE DATE SHOULD BE BLANK, the amounts should all be
filled in, the location of the sale shall be online and in accordance with
Administrative Order No. 2010-052 PI-CIR which may be viewed at
http://www.jud6.org/LegalCommunity/LegalPractice/AOSAndRules/aos/aos2010/2010-
052.htm
b. Original Promissory Note (unless previously filed, in which case a copy ofthe notice of filing should be provided)
c. A copy of the Certificate of Compliance (Form M, above)d. A copy of the Notice of Hearing (must be mailed to other parties at least 20
days prior to the final hearing, with five days mailing time).
DO NOT SEND AN ORIGINAL OR COPY OF THE NOTICE OF SALE.
8. Double-check any defaults against the main parties to ensure that the non-military affidavits have been filed and that they have with them the Department of
Defense, Manpower Database Search Summary, which can be obtained free of charge
from the Department of Defense at the following web site:
https://www.dmdc.osd.mil/appj/scra/scraHome.do
9. In the event that ownership of the mortgage has changed since the inceptionof the lawsuit, please ensure that all transfers are accompanied by proper documentation
confirming the chain of title.
10. All stamped, self-addressed envelopes MUST CONTAIN YOUR FIRMSRETURN ADDRESS. We will NOT accept envelopes that are stamped and addressed to
defendants that do not have your firms return address.
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11. Judge Campbell reviews each foreclosure package and file in detail and anyfiles not in compliance with Florida Statutes, and all other applicable rules and
administrative orders, will be returned, unsigned, and will have to be re-set.
12. The most recent Administrative Order as of May 10, 2010, can be viewedat:http://www.jud6.org/LegalCommunity/LegalPractice/AOSAndRules/aos/aos2010/2010-
025.htm
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APPENDIX D
ORDER COMPELLING RULE 1.360 EXAMINATION
Pursuant to Florida Rule of Civil Procedure 1,360, (Examinations ofPersons), Defendants counsel has notified Plaintiffs counsel that the Plaintiff,
_________, is requested to be present for a non-invasive medical examination as follows:
Examiner:
Address:
Date:
Time:
Scope:
THE FOLLOWING CONDITIONS ARE TO BE OBSERVED BY ALLPARTIES INVOLVED:
1. This examination is not a deposition so the examiner shall be limited to thatinformation reasonably necessary to conduct the specialty-appropriate examination and
evaluation of an individual, including a brief medical history as well as present
complaints. The examination is to be limited to the specific medical or psychological
conditions in controversy and unless modified by another court order, such examination
will be the only exam for the specific condition(s) or issues in controversy (without
limiting the possibility of multiple specialties). No invasive testing shall be performed
without informed consent by the Plaintiff/examinee, or further Order of Court.
2. The examinee will not be required to complete any lengthy informationforms upon arrival at the examiners office. The examinee will furnish he doctor with
name, address, and date of birth. Questions pertaining to how the Plaintiff was injured,
and where and how the Plaintiff sustained the injuries complained of, are permitted.
Questions pertaining to fault, when the Plaintiff hired his/her attorney, who referred the
Plaintiff to any doctor, and what the Plaintiff told his attorney or any investigators are
NOT permitted.
3. It shall be the defense attorneys responsibility to provide the examinerwith all medical records, imaging studies, test results, and the like, which the defense
wants the examiner to review and rely upon as part of the examination. Unless he or she
has exclusive control of any original records or imaging studies, Plaintiff shall not be
required to bring anything to the exam other than valid identification (e.g., Drivers
License, Official Florida Identification Card or government-issued Passport).
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4. Plaintiff is permitted to have his/her attorney (and spouse or parent, or otherrepresentative) present for the examination, provided that only one of these listed non-
attorney persons may attend. Such person(s) may unobtrusively observe the examination,
unless the examiner or defense counsel establishes a case-specific reason why such
persons presence would be disruptive, and that no other qualified individual in the areawould be willing to conduct the examination with such person present. In the case of a
neuropsychological exam, all observers shall watch and listen from an adjacent room if
available, or by video feed. If the examination is to be recorded or observed by others,
the request or response of the examinees attorney shall include the number of people
attending, their role, and the method(s) of recording.
5. Plaintiffs counsel may also send a court reporter or a videographer to theexamination, provided that claimants counsel notifies defense counsel at least 10 days in
advance of the identity, either by proper name or by title (e.g., videographer from XYZ
Reporting Service). It is the duty of the defense counsel to relay this information to theexaminers office personnel.
6. Neither Defendants attorney nor any of Defendants representatives mayattend or observe, record or video the exam. Only if the video is identified as
impeachment material for use at trial may the defense counsel obtain a copy. The
medical examiner shall not be entitled to any payment of an additional or accommodation
fee from the Plaintiff or his/her counsel, simply because of the presence of legally
permitted third parties. The Court shall reserve ruling as to whether such costs, if
imposed by an examiner, may be properly recoverable by the Defendant as a taxable cost,
or otherwise awarded by the Court.
7. If a videotape or digital recording is made of the examination by counselfor Plaintiff, it is considered work-product, and neither the defense nor the examiner is
entitled to a copy, unless and until same is designated as (or reasonably expected to
become) trial evidence, subject to discovery only upon a showing of need and undue
hardship. Use of the video or DVD is limited specifically to the instant litigation. At the
close of litigation, including any appeal, all copies shall be destroyed unless counsel
convinces the Court (and an order is entered) that there is some compelling reason for
either party, or the examiner, to retain a copy.
8. Neither Plaintiffs counsel, nor anyone else is permitted to be present, shallinterject themselves into the examination unless the examiner seeks information not
permitted by this Order. If Plaintiffs counsel speaks openly or confers privately with the
examinee, and this disrupts the exam or causes the examiner to terminate the
examination, counsel may be subject to sanctions.
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9. The report of the examiner shall be sent to Plaintiffs counsel, as requiredby Rule 1.360(b), within 30 days of the examination but in no event less than 21 days
before the beginning of trial, unless otherwise agreed between counsel for the parties or
ordered by the court due to special problems. Unless a Plaintiffs treating or retained
expert has revised or supplemented an opinion after his/her report or deposition, theexaminer shall not change, amend, or supplement the opinions set forth in said report
during any testimony (deposition or trial) he may give in reference to his examination of
the Plaintiff, without providing a supplemental rep0ort, which must be provided to
Plaintiffs counsel at least 15 days before trial. Violation of this provision may result in
the limitation or striking of the examiners testimony.
9(a) If the examination involves neuropsychological testing: In addition to the
report, the examiner shall provide all raw data, including copies of all notes, tests, tests
results, scoring, and test protocols, to Plaintiffs treating or retained psychologist or
neuropsychologist, who must return them to the defense examiner at the conclusion of thecase.
10. All protected health information generated or obtained by the examinershall be kept in accordance with HIPPA requirements and shall not be disseminated by
the examiner or defense counsel to any other person or entity not a party to this case
without a specific order from this Court.
11. Defense counsel must provide the examiner with a copy of this Order andexplain the need for the examiners compliance. As a condition of performing the
examination, the examiner shall agree to provide responses to FRCP 1.280(b)(4)(A)inquiries, once such interrogatories or Requests to Produce are propounded by Plaintiff.
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APPENDIX E
ResidentialForeclosure Final Hearings
STARTING JULY 12, 2010(See Appendix B for specific required items to be provided to the Court)
ALL RESIDENTIAL MOTIONS FOR SUMMARY JUDGMENTONLYWILL BE SET BEFORESENIOR JUDGES AND NOT THE DIVISION JUDGE. ALL NON-DISPOSITIVE MOTIONS
SHOULD BE SET BEFORE THE SECTION JUDGE AND NOT THE SENIOR JUDGE.
FOR JUDGE CAMPBELL IN ST. PETERSBURG THEY WILL BE SCHEDULED ONTuesdays and Fridays
with 60 cases at 9:00 am and 40 cases at 1:30 p.m.CALL (727) 582-7700 to schedule.
As of July 12, 2010, if you are setting a hearing in ST. PETERSBURG on a Motion forSummary Judgment of Foreclosure on a RESIDENTIALproperty (homestead or not)
you will CALL (727) 582-7700 to obtain available hearing dates and times.
ST. PETERSBURG MAILING INSTRUCTIONS
All residential foreclosure packages for any dates AFTER JULY 12, 2010, for St.Petersburg, even if they were already scheduled with Judge Campbells JudicialAssistant should be sent to:
By Overnight Service to:
St. Petersburg Judicial BuildingAttn: Foreclosure Case Manager545 First Avenue North, 5th Floor
St. Petersburg, FL 33701
By Regular Mail to:St. Petersburg Foreclosure Case Managers
501 First Avenue North, Room 633St. Petersburg, FL 33701
All HEARING LOCATIONS scheduled after July 12, 2010, for St. PetersburgResidential Mortgage Foreclosure Summary Judgment HearingsONLYshall be
noticed for:
St. Petersburg Judicial Building545 First Avenue North2nd Floor, Courtroom F
St. Petersburg, FL 33701
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APPENDIX F
Standing Trial Procedures Section 11
Pamela A.M. Campbell, Circuit Judge
PRE-TRIAL (General): Discovery cut-off is generally the pretrial date. The parties willsubmit to the Court ONE Uniform Pretrial Conference Order agreed upon by the parties
at least five (5) business days prior to the pretrial date. The pretrial conference date is a
mass motion calendar with all pretrials being scheduled at the same time on a given date
for that specific months trial docket.
PRE-TRIAL (Attorneys): THE COURT REQUIRES PERSONAL ATTENDANCE AT
THE PRETRIAL BY ALL PARTIES. Attendance by an attorney who will be at the trial
of the matter is required. The Court DOES NOT ALLOW telephone appearances at
pretrials.
TRIALS ( Pretrial Motions and Motions in Limine): Generally, Motions in Limine and
other pretrial motions are heard prior to the date of trial. The Court tries to keep time
slots available before the trial. The parties should review the Court schedule to determine
when they should be scheduled before the Pretrial Conference.
TRIALS Motions and Stipulations to Continue Trials. THIS COURT MAINTAINS A
FIRM POLICY REGARDING THE CONTINUANCE OF TRIALS in accordance with rule
2.540, Judicial Rules of Administration. The Court does NOT accept Stipulations for
Continuance with proposed Orders submitted by mail. Any Motion for Continuance,
even if by stipulation, must be set for hearing before the Court.
TRIALS (Motions for Summary Judgment): Motions for Summary Judgment in cases
that have been set for trial, must be heard at least 30 (thirty) days prior to trial or the
parties may waive their ability to have such a hearing. Caution: Attorneys intending to
have Motions for Summary Judgment heard prior to trial should review the courts
schedule early to ensure time availability.
TRIALS: Requesting a Trial Date. Submit a Notice that the Case is at Issue and Ready
to be Tried. In the Notice, you must include the number of days required for trial,
including jury selection, the type of case being tried and whether or not the case has been
to mediation. If it has been to mediation, then the notice should contain the date it went
to mediation and the outcome, i.e. impasse or partial settlement. The attorneys may agree
to specific trial week by joint stipulation; however, it is the attorneys responsibility to
contact the Judges office prior to entering into a stipulation to confirm date availability.
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TRIALS (Discovery Cut-off): Generally, the discovery cut-off is at pretrial, unless
circumstances require an alternative period. This issue may be addressed on a case by
case basis or by stipulation of the parties and the Judges approval. Any procedural
questions may be directed to the Judicial Assistant, preferably by email.
TRIAL (Experts): Except in ruling on an objection, the court should not declare that awitness is qualified as an expert or to render an expert opinion and counsel should not ask
the Court to do so. (Standard 17, Civil Trial Practice Standards of the Section of
Litigation of the American Bar Association 1998.) A judicial ruling that a proffered
expert is qualified prior to the time that counsel has posed a precise question eliciting
expert testimony is premature and, unless an objection is interposed, unnecessary.
TRIALS (DVDs, Powerpoint, Trial Graphics, Demonstrative Aids): All such evidence
shall be marked and identified, prior to the commencement of trial. Any special
audio/visual requirements should be directed to the Audio/Visual Department at (727)
464-7975 at least 10 (ten) days before trial.
TRIALS (Marking Evidence): Evidence shall be exchanged prior to trial. All evidence
is to be pre-marked in advance of its intended use by counsel. Whenever possible, the
parties shall provide the Court with an index of the exhibits to be used at trial by both
sides. Where possible it is preferred to mark the exhibits with the Clerk prior to utilizing.
TRIALS (Tangible Evidence): After showing the exhibit to opposing counsel, it may be
shown to the witness without first showing it to the Judge. If the Judge requests to see an
exhibit, counsel may hand it over directly to the Court, after requesting permission to
approach.
TRIALS (Memoranda, Trial Briefs, Case Law, etc.): Memoranda, trial briefs, case law,
proposed findings of fact and law are not required, but if it will facilitate the trial, they
are appreciated. They should be provided to the Court at least three (3) days prior to the
trial date.
TRIAL (Jury Instructions): Counsel for the parties are expected to confer prior to trial
regarding proposed jury instructions and be ready to present a copy of the proposed
instructions to the Court on the FIRST day of trial. If counsel intends to request the Court
to read during voir dire or at the beginning of the trial, proposed instructions should be
presented to the Court at the Pretrial Conference. The parties should also provide an
electronic copy to the court by sending it to the Judicial Assistant at [email protected]
in Word format.
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TRIAL CONDUCT:
Advise all parties and all witnesses to be appropriately dressed for
Court and to disable all pagers and cell phones prior to entering the courtroom.
Only bottled water is permissible in the courtroom.
Publication of exhibits and other evidence to the jury should be done
only with leave of Court so as to make the best use of trial time.
Counsel should not address each other except for perfunctory
matters such as stating the page and line of a deposition.
Attorneys should instruct clients and witnesses to refrain from
displaying pleasure or displeasure with arguments or evidence by gestures, facial
expressions or audible sounds.
If two or more lawyers represent a party, only one may question any
one witness.
Be extra careful to prevent the jury from seeing evidence or exhibits
before introduction into evidence. Be alert and do not leave documents and
exhibits exposed on the counsel table.
Please call EVERYONE, including your clients, by the formal Dr.
Reverend, Professor, Mr., Ms., Mrs. followed by the last name. This does notnecessarily apply to children.
At all times, please stand when speaking.
It is established law that attorneys are not to assert their personal
beliefs in general or their personal opinions on the justness of a cause, the
credibility of a witness or the culpability of a cause, or of a litigant.
The Court only allows direct, cross, re-direct examination.
Additional questioning is by court permission only.
The Court allows jurors to take notes and ask questions (in writing)
of witnesses. Jurors are instructed not to be distracted by note-taking and not to
give notes of another greater weight than their own recollection. You may make
your objections to juror questions at the bench. Please dont voice your objections
or the fact that you have no objection within the hearing of the jury.
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Voir Dire Format: Attorneys will inquire of the entire jury panel
seated in the gallery. A seating chart with juror names will be provided. The
Court will initiate voir dire questions and then counsel will follow with inquiry.
Objections:
Sidebar or bench conferences on objections or motions related to
evidentiary matters are not favored and will rarely be permitted, if at all.
Please do not make speaking objections. Objections in front of the
jury can be made in no more than five words and preferably in three.
Final Argument: The time available to you for final arguments will
be limited and set by the Court.
Arguments are limited to matters in evidence and all inferencesreasonably to be drawn from the evidence together with references to matters of
common knowledge.
PLEASE DO NOT:
Testify in the guise of argument or assert your personal belief. Do not suggestthat you have personal knowledge of matters outside the evidence.
Make golden rule arguments requesting the jury put itself in the place of theparties.
Imply the judge favors one side or the other by a judicial ruling or otherwise. Elicit feedback, or any direct or immediate response of a juror. Appeal to sympathy, bias, or prejudice or seek to inflame the jury by arousing
feelings of hatred or distrust. It is not the jurys duty to send any message.
You may argue and use the jury instructions during closing, so long
as they are recited accurately and in context.
TRIAL (Settlement): It is the responsibility of all parties to an action to contact the
Judges office either by phone or email to advise of the settlement of a case. The parties
should also advise the Court if there are any future hearings set on a matter that can be
removed from the Courts calendar.
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NON-JURY TRIALS: When requesting a date for a Non-Jury Trial, please submit a
Notice to Set Non-Jury Trial with notice to all parties. As with jury trials, these cases
must go to mediation prior to being set for trial. Your Notice should indicate that number
of hours or days that are requested, the type of case being tried and the date that the case
went to mediation and reached an impasse. Upon receipt and confirmation that the case
was mediated, the court will enter an Order Setting Pretrial Conference and Non-JuryTrial.
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Alphabetical Index by Subject
DescriptionParagraph
Number
Appendix A Instructions for Setting Hearings
Appendix B Checklist for Residential Foreclosure Hearings
Appendix C Checklist for Commercial Foreclosure Hearings
Appendix D Order Compelling Rule 1.360 Examination (IME/CME)
Appendix E Residential Foreclosure Hearings Addresses
Appendix F Trial Procedures
Bankruptcy Foreclosures 35
Certificate of Compliance Foreclosures 36
CME 13
Commercial Property Foreclosures 32
Compel Motions 10
Compliance Certificate of Compliance in Foreclosures 36
Continuance Trials 17
Demeanor Courtroom 1
Depositions (Disputes) 3
Disagreements Proposed orders 8(c)
Discovery Cut off for trials 20
Emergency Hearings 7
Evidence Trials 25
Expedited Hearings 6
Experts Trial 21
Final Argument 27
Final Judgment Package Foreclosures (Appendix E) 38
Foreclosures Appendix B, C and E App. B,C,E
Foreclosures Bankruptcy 35
Foreclosures Cancellation of Sales 39
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Alphabetical Index by Subject
DescriptionParagraph
Number
Foreclosures Certificate of Compliance 36
Foreclosures Commercial Property 32
Foreclosures Commercial Property 33
Foreclosures Notices of Sale 34
Foreclosures Packages (Appendix E) 38
Foreclosures Residential Property Final Hearings 30
Foreclosures Residential (non dispositive Motions) 31
Foreclosures Sale Cancellations 35
Foreclosures Substitution of Party 41
Foreclosures Uniform Final Judgment 37
Foreclosures Writ of Possession 40
Hearings Emergency 7
Hearings Expedited 6
Hearings Telephonic 5
Hearings (Appendix A) 2
IME 13
Jury Instructions 27
Limine- Motions 16
Marking Evidence Trials 24
Mediation 9
Motion for Summary Judgment Trials 18
Motions Compel 10
Motions Pretrial 16
Motions Withdraw 11
Motions in Limine 16
Multimedia Trials 22
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Alphabetical Index by Subject
DescriptionParagraph
Number
Non-Jury Trials 29
Notices of Sale Foreclosures 34
Objections at Trial 27
Orders Disagreements 8(c)
Orders Envelopes 8(d)
Orders Proposed 8
Orders proposed 8(c)
Pretrial Attorneys 15
Pretrial General 14
Pretrial Motions and Motions in Limine 16
Professionalism 1
Proposed Orders 8
Sale Cancellations 56
Sales Notices for Foreclosure 34
Settlements 28
Substitution Counsel 12
Substitution of Party Foreclosures 41
Tangible Evidence Trials 25
Telephone Hearings 5
Trials Conduct 27
Trials Continuance 17
Trials Dates 19
Trials Discovery Cut off 20
Trials DVDs or other multimedia 22
Trials Experts 21
Trials Final Argument 27
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Alphabetical Index by Subject
DescriptionParagraph
Number
Trials Jury Instructions 27
Trials Marking Evidence 23
Trials Memos of Law and Trial Briefs 26
Trials Motions for Summary Judgment 18
Trials Non-Jury 29
Trials Objections 27
Trials Settlement 28
Trials Tangible Evidence 25
Uniform Final Judgment of Foreclosure 37
Uniform Motion Calendar 4
Withdraw Motions 11
Writ of Possession Foreclosures 40