** PLEASE MAKE NOTE THAT BEGINNING JULY 1, 2019, JUDGE JOHN S. KASTRENAKES WILL BE PRESIDING OVER CIVIL DIVISION "AF' AND THE UNIFORM MOTION CALENDAR (UMC) FOR CIVIL DIVISION "AF" WILL ONLY BE HELD TUESDAY - THURSDAY AT 8:30am - 9:30am. THERE WILL BE NO MONDAY UMC DOCKET BEGINNING JULY 1, 2019 **
Delivery of Documents
All paperwork for the Judge's review (courtesy copies of notice of hearings and/or motions, agreed orders, proposed orders, proposed final judgments, memos of law, briefs, responses, case law, etc..) must either be sent to the Judge's office via U.S. regular mail, FedEx, UPS, or via hand-delivery (to the 1st floor drop box) in the main courthouse. Our office does not accept the foregoing via e-mail.
Civil Division "AF" online scheduling is for SPECIAL SET HEARINGS ONLY (15/30/60 minute hearings). Please visit the the Online Services to schedule a special set hearing. UMC hearings (5 minutes or less) are NOT scheduled via the online scheduling system.
UMC HEARINGS ARE NOT SCHEDULED THROUGH THE 15th JUDICIAL CIRCUIT'S ONLINE SCHEDULING SYSTEM - PLEASE READ BELOW FOR FURTHER INFORMATION:
Judge Kastrenakes' Uniform Motion Calendar (UMC) is Tuesday - Thursday and begins at 8:30 a.m. and ends at 9:30 a.m. All hearings are held in Courtroom 9D.
All non-evidentiary motions, uncontested motions, etc.. can be set for a 10 minute hearing (5 minutes per side) that DO NOT require testimony. UMC hearings are not scheduled through the 15th Judicial Circuit's Online Scheduling System. UMC hearings are scheduled by the moving party by SIMPLY picking any Tuesday - Thursday that the Court is not suspended and that the parties (opposing counsel and/or pro se party) agree on.
The original Motion and Notice of Hearing must be filed at least 5 working days in advance of the UMC hearing date, with the Clerk of Court, Civil Division, and a courtesy copy MUST be sent to opposing counsel and Judge Kastrenakes' Judicial Assistant (send to the Judicial Assistant via U.S. regular mail - courtesy copies must be sent U.S. regular mail, NOT e-mail).
Be advised that the Judicial Assistant has no control of setting or resetting any Uniform Motion Calendar hearing. The attorney/moving party setting the hearing should ALWAYS clear the date chosen with opposing counsel/opposing party and immediately notify opposing counsel and/or the pro se party if the hearing is cancelled and/or reset.
If no one appears at a scheduled UMC hearing, the Court assumes that the issue was resolved between the parties or a conflict exists, and that the Motion will be reset for hearing if need be. Please DO NOT CALL the Judicial Assistant to confirm if a Motion "has made" the UMC calendar, as the daily UMC calendar is determined by who signs in on the morning of the hearing date (first come, first serve).
The judicial assistant strongly encourages you to check Judge Kastrenakes' suspension dates before scheduling any UMC hearing. View the Suspension Calendar.
Please be advised that motion for attorney's fees; motion for summary judgment and any evidentiary motion should not be set and/or addressed with the Judge at uniform motion calendar. These types of motions must be set for a special set hearing.
Motions that Require a 15, 30 or 60 Minute Hearing
These are special set hearings that MUST be scheduled through the 15th Judicial Circuit's Online Scheduling System.
These are motions that cannot be heard on the Uniform Motion Calendar because they require testimony and are longer than 10 minutes in duration. The moving attorney shall coordinate a mutually agreeable date and time with opposing counsel/pro se party and shall prepare the appropriate Notice of Hearing for said hearing. The original Motion and Notice of Hearing must be filed at least 5 working days in advance of the special set hearing date, with the Clerk of Court, Civil Division, and a courtesy copy MUST be sent to opposing counsel and Judge Kastrenakes' Judicial Assistant (send to the Judicial Assistant via U.S. regular mail - courtesy copies must be sent U.S. regular mail, NOT e-mail).
You CANNOT cancel a special set hearing once the hearing date and time has been secured. The ONLY way a special set hearing can be cancelled (absent an extreme emergency) is if the Motion has been RESOLVED and/or WITHDRAWN. Only the judicial assistant can cancel a special set hearing. If the special set motion has been resolved and/or withdrawn, you MUST call the judicial assistant to request to cancel the special set hearing.
Motions that Require More than a 60 Minute Hearing
The online scheduling sytem will only allow you to schedule a hearing for a 60 minute maximum time limit. If your motion requires more than 60 minutes of hearing time, the moving party is required to send the Judicial Assistant, a cover letter with a copy of the Motion, indicating to the Judge how much hearing time they are requesting. Upon Judge Kastrenakes' review, he will then determine how much time will be alloted for said Motion. Please be advised that lengthy motions are put on a trial docket with a calendar call date and time to be provided to the parties, via Court Order.
Appearance at non-evidentiary hearings by telephone: Courtcall.com is the service provider used for the purposes of scheduling and appearing at a non-evidentiary hearing via telephone. Please be advised the Court does not set the fees imposed by CourtCall and the Court has no control over same. If you wish to appear at a hearing via telephone, you will be required to pay CourtCall's service fee/charge.
To set a telephonic appearance for a hearing that is presently set, please go to courtcall.com and/or call 1-888-882-6878 and follow the instructions. No Motion or Order for telephone appearance is required, however, your opposing counsel/party must be aware that you are appearing via telephone.
If you wish to appear at a non-evidentiary hearing via telephone, you MUST contact Courtcall.com and make the appropriate arrangements at least 48 business hours prior to the scheduled hearing date and time. THE JUDGE'S OFFICE STRICTLY ENFORCES THIS RULE SO PLEASE ABIDE BY SAME, ABSENT AN EMERGENCY CIRCUMSTANCE.
Please be advised that you may not appear by telephone at the following matters: Calendar Call or Evidentiary Hearings
If a Motion(s) is resolved, an Agreed Order on that Motion(s) can be submitted to the Judge's office and the Order must say "Agreed Order on Motion (Title of Motion)". The Agreed Order MUST be sent to the Judge's office via U.S. regular mail, NOT via e-mail. Please be sure to include a cover letter/cover sheet to the Judge indicating the all parties have reviewed and agreed to the language of the proposed Agreed Order. Even though this Civil Division does participate in Judicial E-Service (from Court to Counsel ONLY), the names and addresses of all persons receiving copies must appear in the Agreed Order, pursuant to Administrative Order 2.306.
Proposed Orders/Final Judgments
All proposed Orders and Final Judgments submitted for the Judge's signature must say "Order on Motion (Title of Motion) or Final Judgment". All Orders/Final Judgments MUST be sent to the Judge's office via U.S regular mail, NOT via e-mail. Please be sure to include a cover letter/cover sheet to the Judge indicating the date the matter was heard. Even though this Civil Division does participate in Judicial E-Service (from Court to Counsel ONLY), the names and addresses of all persons receiving copies must appear in the Order or Final Judgment, pursuant to Administrative Order 2.306.
Circuit Civil Division "AF" DOES participate in Judicial E-service (from court to counsel ONLY), IF all parties are represented by counsel and have a valid e-mail address. When submitting a proposed Order and Judgment to our office (please submit via U.S. regular mail) for Judge Kastrenakes' signature (IF all parties are represented by counsel and have a valid e-mail address), you DO NOT have to submit conforming copies (ONLY SUBMIT 1 PROPOSED ORDER) OR self-addressed stamped envelopes, as the Judicial Assistant will e-mail the signed Order/Judgment back to counsel.
Notices to Set Cause for Trial
The moving party must file with the Clerk of Court, the original Notice for Trial with their estimated time of trial, and whether the case is to be set for a non-jury or jury trial. A courtesy copy of the Notice should be sent via U.S. regular mail to the Judicial Assistant for the setting of a trial date. To determine when Civil Division AF is currently scheduling lenghty motions, non-jury trials and jury trials, please click on the "Trial Calendar" icon on the left side of this homepage.
Motions for Default Final Judgment
When submitting a proposed Default Final Judgment packet to the Judge's office for his review and entry of the Default Final Judgment, please be sure to include the following courtesy copies for the Judge's review: a cover letter, the Motion for Default Final Judgment, all Affidavits in support of the Default Final Judgment, a Non-Military Affidavit, a Affidavit of Costs and Interest, the Default that was entered by the Clerk of Court, the Return of Service, and the Complaint.
Motions to Continue Trial
A Motion to Continue Trial MUST be set for a UMC hearing (even if said Motion is agreed to by all parties). Please see the instructions above in regards to the setting of UMC hearings on Judge Kastrenakes' calendar. Judge Kastrenakes will NOT sign an Agreed Order Granting a Motion to Continue Trial.
Withdrawal of Counsel and Stipulation for Substitution of Counsel
All Motions to Withdraw must be set for a UMC hearing, with proper notice to the client, per Fla. R. Jud. Admin. 2.505(f)(i), and all parties/attorneys.
Stipulations for substitution of counsel: All Stipulations for Substitution of Counsel MUST have the signature of the client's consent on the Stipulation. If your client's consent is not included, all documents will be sent back to the moving party, in order for the client's consent to be obtained on the Stipulation.
Ex-parte motions to compel discovery: No hearing is necessary if the Motion is in compliance with Administrative Order 3.202. The moving attorney must submit the Motion and Order for signature by the Judge.
Emergency Motions/Request for Emergency Hearings
File your original emergency Motion with the Clerk of Court, Civil Division. The Clerk's Office will then forward to Judge Kastrenakes, or an alternate Judge in his absence, for review and directive to determine whether an emergency hearing should be scheduled. DO NOT set an Emergency Motion for hearing unless directed to do so by the Court's Judicial Assistant.
Motions for Rehearing/Clarification and Motions for New Trial
In accordance with Local Rule No. 6, file your original Motion for Rehearing/Clarification with the Clerk of Court, Civil Division, and forward a copy, via U.S. regular mail, to the Judicial Assistant for the Judge's review and directive to determine whether a hearing should be scheduled. DO NOT set a Motion for Rehearing/Clarification for hearing unless directed to do so by the Court's Judicial Assistant. Motions for New Trial should be submitted in the same manner as described above, and the Judge will determine the amount of time needed for the hearing. DO NOT set a Motion for New Trial for hearing.
Preparation of Judgments and Orders
Some portion of the text of the Judgment or Order specific to the case MUST be included on Judge Kastrenakes' signature page. PLEASE include the style of the case, the case number and the page number in the upper left-hand corner for Judgments and Orders more than one page. The Judgment or Order WILL be sent back to the moving attorney if the signature page of the Judgment or Order only includes the Judge's signature line and is not in compliance with Administrative Order 3.204.
Settlement, Dismissal or Stay of Cases
If your case settles, is voluntarily dismissed, or stayed, and there are future hearings or a trial scheduled on the Court's docket, PLEASE CALL the Court's Judicial Assistant immediately to inform her of same, so the Court can cancel all scheduled hearings and/or the trial, in order to free up hearing/trial time for other cases to be set.