Daily Business Review
Daily Business Review Home
Surveys & Rankings
Law Firm Management
Law Practice Management
Browse All Law Topics ➝
Business of Law
Terms of Service
Follow Daily Business Review
Copyright © 2017 ALM Media Properties, LLC. All Rights Reserved.
Business of Law
Profile: Robert N. Scola, Jr.
Robert N. Scola, Jr.
11th Judicial Circuit-Miami-Dade Circuit Court
CASE MANAGEMENT CONFERENCES:
Would you take an active role in coordinating discovery and other matters at a case management conference requested pursuant to Fam. L.R.P. 12.200?:Yes In what type of cases?: All Do you require the parties to appear at the case management conferences?:Yes Do you require the parties to appear at a status conference?:Depends
DEPOSITIONS/ PROTECTIVE ORDERS
When a dispute arises during a deposition, is it appropriate to call chambers to seek an immediate ruling?:Depends, It depends on the urgency of the resolution of the dispute, i.e. the attorneys are conducting the deposition in another jurisdiction and the cost of returning after a court ruling would be prohibitive. Do you consider the filing of a motion for a protective order with regard to a deposition as an automatic stay of the subject deposition, this relieving the attorney or the witness from the obligation to attend?:No What additional steps do you require for the deposition to be stayed?: The attorney must file the motion immediately upon learning of the grounds for the motion and must deliver a copy of the motion to the court's chambers together with a request to have the matter heard by the court prior to the deposition. Only if the attorney acts expeditiously and the court is not available to make a ruling would the motion act as a stay. Does your opinion on this depend upon whether the deposition was "short-noticed?" (Ex. noticed within an unreasonably short period of time before the deposition):No Do you allow emergency hearings for motions for protective orders where the time between the motion and the deposition is not sufficient for a non-emergency hearing?:Yes
DISPOSITIONS OF MOTIONS WITHOUT HEARING:
Are there any motions on which you would rule without the necessity of a hearing?:Yes,Which motions?: Most motions for Rehearing or Reconsideration.
EX PARTE DISCOVERY MOTIONS:
The current administrative order provides that a certain period of time must elapse in serving the ex parte motion to compel prior to sending the motion and the ex parte order to the court for entry. In the event that the attorney submitting the order sends the order to the court prior to the expiration of the hold-back period, does the court return the order, or hold the order until the hold-back period has expired?:hold the order
GENERAL INFORMATION: Do you have any procedures or preferences regarding any subject, including motion practice, with which you expect attorney to comply? (Ex. submission of orders with motion; motion must be filed within 5 days prior to setting hearing; expectation that courtesy copies be submitted by email, etc.):Yes Courtesy copies of all motions and memos must be delivered to chambers at least two working days before the hearing. Please indicate any attorney practices which you periodically observe and which should not continue in your courtroom. No speaking objections during trials; no interruption of other side during legal arguments. Is there anything else that you want attorneys or litigants to know before they appear before you?:Yes
Motion Practice: Motion Calendars
Length of Motion Calendar Hearings: 5 minutes Number of matters allowed to be heard at a single motion calendar: unlimited If all parties are notified and agree to have the motion heard, the court will hear the motion. Do you allow hearings by conference call?:Yes Any attorney or party may appear for a non-evidentiary hearing of any length through www.tele-courtcom. Any attorney or party may appear for an evidentiary hearing scheduled for any length through www.tele-courtcom if all parties consent. What procedure should be followed for telephonic hearings?: Sign up through WWW.Tele-Court.com If you advise the parties that you will have a hearing by phone, or announce a ruling by phone, do you allow any attorney to appear in person in your chambers for the hearing?:Yes If any or all parties appear by phone, do you allow a court reporter to be present in your chambers or courtroom?:Yes If any or all parties appear by phone, do you allow a court reporter to be present in one of the party's offices?:No Do you currently participate in the Tele-Court system?:Yes Under what circumstances?: Any attorney or party may appear for a non-evidentiary hearing of any length through www.tele-courtrcom. Any attorney or party may appear for an evidentiary hearing scheduled for any length through www.tele-courroom if all parties consent. What procedure should be followed for Tele-Court hearings?: Sign up through w_ww,tele-court®coai. If you advise the parties that you will have a hearing by tele-court, or announce a ruling by Tele-Court, do you allow any attorney to appear in person in your chambers for the hearing?:Yes If any or all parties appear by Tele-Court, do you allow a court reporter to be present in your chambers or courtroom?:Yes If any or all parties appear by appear by Tele-Court, do you allow a court reporter to be present in one of the party's offices?:No If a motion calendar hearing is cancelled, reset or resolved by counsel, should counsel advise your office?:Yes Should courtesy copies of pleadings and motions set on the motion calendar be forwarded to your chambers?:Yes
MOTION PRACTICE: SPECIAL APPOINTMENTS
Which motions are routinely heard only at specially set hearings?: Any motion that will take more than five minutes to litigate. What is the procedure for allowing matters to be specially set?:Submit the motion and Request for Hearing to the court's chambers and the court's staff will contact party filing motion and opposing party to schedule the hearing. Do you have a backup calendar for special appointment hearings to be set on short notice? (Ex. if you have a cancellation)No Please explain the applicable procedures: If counsel seeks to re-set a specially set hearing, is court notice and approval necessary?:Yes Absent highly unusual circumstances, if all parties agree to reset the matter, the court will reset the matter. As soon as parties have agreed to reset a specially set hearing, the court's staff should be immediately notified i.e. even late at night or on weekends, leave a message on answering machine.
MOTION PRACTICES: ALL HEARINGS
Do you prefer to receive memoranda in support of motions?: YES Do you prefer to receive them before or at the hearing?: before hearing How long (how many days) before hearing date?: Two working days before the hearing. If you receive a memorandum, do you expect to receive an opposing memorandum?:Yes Do you prefer copies of significant cases?:Yes Do you prefer they be highlighted?:Yes How soon after the hearing should the order be submitted?: The court prepares all of its orders at or shortly after the time of the hearing. Do you expect the attorney submitting the proposed order to advise you in the cover letter if the opposing attorney agrees that the proposal reflects the ruling?: N/A If there is disagreement, do you expect a counter-proposed order from the other attorney?:N/A If the drafting attorney does not indicate whether opposing attorney agrees/disagrees with proposed order, do you generally allow some time for the submission of a counter-proposed order from the other attorney? N/A Will the Court address a motion for appointment of a GAL, Parenting Coordinator or referral to Family Court Services during motion calendar? Depends: Only if the motion can be litigated within the 5 minute time period of a motion calendar
MOTIONS TO WITHDRAW- SPECIAL PROCEDURES
Do you require a hearing on a Motion to Withdraw?:No Under what circumstances is a hearing on a motion to withdraw not required? Where there is a notarized consent from client and consent from other side and and no immediate hearing/trial pending before either the judge or a General Magistrate/Hearing Officer. Should the hearing be set on a:Motion Calendar Do you require the attorney withdrawing to prepare an order for the court, or is there a form order that should be followed?: No, the court prepares all of its own orders.
Post Trial Motions
Do you review post trial motions to decide whether a hearing will be allowed?: Yes If a case is settled, what procedure should be followed to advise your office?: Call as soon as possible. When do you schedule motions to approve a minor settlement?: N/A
TRIAL RELATED MATTERS:
Do you require that the parties attempt mediation prior to requesting trial? Under what circumstances will the Court not require mediation of the parties? None What is your daily/weekly trial schedule?: Cases are specially set for trial after a final case management and in consideration of the attorneys', parties' and court's schedules. Do you entertain motions in limine prior to trial?:Yes How long prior to trial must motions in limine be filed?: Reasonable time to schedule. What reasons in your view would justify granting a continuance?: Too many to list. What is your policy on granting a continuance?: Grant continuances when appropriate. What is your policy for either rolling the case over or removing it from the trial docket?: Don't have a trial docket. Do you specially set cases for trial?:YES This is based on the following criteria: All cases are specially set for trial following a final case management conference. Opening Statement/ Closing Argument: What rule(s) do you apply when attorneys seek to use demonstrative aids during opening or closing argument?: Allow use if aids will be introduced during the trial While recognizing that each case is unique, do you impose time constraints for Opening?:Yes Please explain the time constraints: Depends on the length and complexity of the case. Closing?:Yes Please explain the time constraints: Depends on the length and complexity of the case Do you have any preferences or protocols regarding bench trials that you would like attorneys to know about?:No Are there any standing orders, notices, or forms regarding scheduling, discovery, trial, or other matters that you regularly use or about which you would like to advise the members of the bar?:Yes, It is the standard trial form utilized by the judges in the Family Division
Do you require that the settlement agreement to be approved or ratified by the court, if any, be brought to the hearing either if previously filed or available on the Odyssey system?:Yes If there is a minor unresolved matter that could not be resolved as part of the written settlement agreement or mediated agreement, will the court attempt to resolve the matter at the UCD calendar (even at the end of the calendar) or will the court grant the dissolution, approve, or ratify the settlement agreement and then reserve the jurisdiction to address the unresolved matter at a later hearing?: Neither, if the matter is not uncontested, the court will set it for a trial, and will not bifurcate the proceedings. Currently, pursuant to certain administrative orders, required parenting courses and Sandcastles courses are to be completed within 30 days of the date of service of process on the respondent in family proceedings involving children. What is the court procedure if one or both parties fail to complete the required program(s) during the proceedings or at the final hearing, whether a contested trial or UCD?: The court will enter an Order to Complete the class within 30 days. Case did not make UCD calendar.Depends on the following: If both parties are present or there is a representation that the other party is aware of the hearing and has agreed to go forward with the hearing the court will conduct the UCD. Financial Affidavits from both parties not filed and financial issues are involved: Not Proceed Child Support Guidelines have not been filed: Depends on the following: If the child support obligation was calculated using the guidelines but the actual guidelines is not filed, the court will enter an Order to Complete and file the Guideline within 30 days. Proof of Residency is Insufficient: Depends on the following: The court will conduct the colloquy and give the party a blank Affidavit of Corroborating Witness with instructions that as soon as the completed Affidavit is delivered to chambers, the court will enter the Final Judgment of Dissolution of Marriage.
Jermine Jones, Bailiff
Virginia Elquezabal, Judicial Assistant
Headlines from the ALM Network