Theodore Bruno Building, Juvenile Justice Center 1800 St. Mary Avenue Pensacola FL 32501
SUBMITTING MOTIONS AND SCHEDULING HEARINGS
1. When requesting a hearing, the motion must be e-filed and emailed to the Judicial Assistant (“JA”) and all parties to the case. The motion must contain the following information and certification:
- Case name, case number, and FID (if applicable) should be included in the subject line of any email sent to the court. When applicable, the specific child(ren) referenced in the motion or hearing requested should be included in the body of the email.
- Type of hearing
- Time requested
- The objection, if any, of each party
- Number of witnesses and filing date of Witness List
- Special accommodation requests to Court Administration by parties:
- Interpreters (required language); child testimony witness room; experts and their time availability (names and times)
- All party names must be listed in the certificate of service portion or must be included in the last page of the motion in the lower left-hand margin (cc:). A catch-all statement of “all parties” is not sufficient.
- When filing a motion, the movant certifies that:
- All motions, exhibits, witness lists, and reports have been/will be served on all parties and provided to the Court at least five (5) business days before the hearing.
- A bona fide effort to agree and/or narrow the issues either has been made with opposing counsel/party or will be made before the hearing.
- Moving party has/will ensure that all experts/witnesses are available for the hearing.
2. Prior to scheduling any motion, the movant shall communicate with all parties in an effort to resolve the subject matter of the proposed motion and/or to narrow the issues to be presented to the Court.
3. A request for hearing shall be made in writing, accompanied by the motion, to the JA with the estimated time required for the hearing. Once a date and time has been provided, it is the movant’s responsibility to contact all parties to assure their availability and prepare a Notice of Hearing (“NOH”). The NOH will need to include the venue of the hearing whether it be via Zoom or in the courtroom. A courtesy copy of the NOH shall be provided to the JA. The JA will no longer set hearings by email.
- When filing a motion, a proposed order should be attached to the email in Word format.
- Please provide copies of case law at least 48 hours prior to the scheduled hearing.
4. Motions must be filed in a timely manner as to allow the opposing party enough time to review, determine if subpoenas are necessary, and if so, permit sufficient time for service. As a general rule, motions requiring witness testimony should not be set less than twelve days out from the date of Notice.
5. A motion for continuance should be in writing and filed at least 24 hours prior to the hearing unless an emergency arises. The Court must approve all continuances. Parties agreeing does not guarantee a continuance will be granted.
- If, after a motion has been set, a party needs to request a continuance or the motion is being withdrawn or conceded, please let opposing counsel and the Court know as soon as practical.
6. No party is permitted to “add on” additional motions to a previously scheduled hearing without the Court’s permission. Requests to add on motions must be submitted to the JA and should comply with all requirements listed above. NOTE: The Clerk’s Office does not provide Judge Frydrychowicz with copies of motions submitted through the e-filing system.
REMOTE APPEARANCE GUIDELINES
- You must use your First and Last Name as your Participant ID.
- If you are only appearing for one case, please put the case number and/or name for easy identification.
- You must have audio and video enabled. Voice only appearances are not allowed.
- You can access Zoom via APP or webpage: https://zoom.us/signin
- You may appear by phone in lieu of Zoom with good cause shown.
- Attorneys are responsible for providing their clients with the Zoom meeting ID and to ensure that the client’s equipment is tested in advance.
- Please sign in at least ten (10) minutes prior to your hearing time.
Scheduling a Hearing:
- If you have an objection to conducting the hearing via Zoom, then you must file an objection with the court.
- The same protocol applies as setting a courtroom hearing.
Decorum, Attire and Proceedings:
- Although the hearing is being conducted remotely, proper courtroom decorum should be maintained.
- Participants should be in a quiet setting and minimize any external distractions. Be aware of what is behind you and choose a solid neutral wall, if possible.
- Dress like you are coming to the courthouse.
- Participants will be entered into a virtual waiting room, and they will be brought into the hearing when their case is called.
- Due to high volume, please expect delays and wait until your case is called.
- Please enter the meeting on mute.
- Once your case is called, you may unmute as necessary, so you can actively participate.
- If you repeatedly ignore any instructions given to you by the judge, you will be muted and possibly removed from the meeting.
Presentation of Evidence and Witnesses:
- Please confer with all parties prior to the hearing to determine any stipulations as to the admission of evidence and documents.
- If you intend to present any evidence or documents to the court, you must pre-mark all items for identification and serve a copy to all parties no less than three (3) business days prior to the hearing. If possible, please send all documents in a single submission. If there are any pro se parties involved in your case, without an email address on file, a copy of the pre-marked evidence shall be served on them, via US Mail, no later than three (3) business days prior to the hearing.
Appearance of Witnesses and Parties:
- The attorney or party requesting that third parties attend the hearing will be responsible for sharing the Zoom hearing information and for making arrangements for their appearance(s). This includes witnesses, court reporters, etc. The court will not be able to call parties to include them in the hearing.
- You will need to provide the court with a list of people who are expected to participate in the hearing no less than three (3) business days prior to the hearing.
- The court may administer the oath pursuant to AOSC20-16.
- Witnesses may not communicate with anyone during their testimony.
- Remote hearings are court events subject to rules of evidence, procedure, decorum, perjury, and contempt.
- If the Rule of Sequestration is invoked, witnesses will be asked to login at a designated time or will be placed in the waiting room.
Tips for Success:
- For the best audio quality, consider using headphones and a microphone.
- If you are participating via a phone or tablet, please keep the device still.
- Do not walk around or move excessively while the hearing is in progress.
- DO NOT DRIVE WHILE IN ATTENDANCE.
- To limit background noise, mute your microphone when you are not speaking. Unmute your microphone prior to speaking.
- A strong internet connection is helpful, and wired connections are more reliable than wireless. Use a dedicated internet connection during the hearing. If you must share your internet connection with others, then ask them to limit high-bandwidth activities (such as video streaming) while the hearing is in progress.
- Prior to your hearing, become comfortable using the platform. Test your connection. Have an alternative means to connect if you need a back-up.
- Preparation and communication are the keys to a successful remote hearing. Counsel should communicate with each other prior to the hearing and attempt to resolve as many issues as possible outside of court.
To change your name while in a meeting:
1. Click on the “Participants” button at the top of the Zoom window.
2. Next, hover your mouse over your ID/name in the “Participants” list on the right side of the Zoom window.
Click on “Rename”.
3. Enter Your First and Last Name and click on “OK”.
4. If you are only appearing for one case, please put the case number and/or name as well for easy identification.
Please contact the judge’s office with any questions.