Judge Lillian B. Ewen

Method of Communication: The preferred method of communication is via e-mail. E-mails will receive immediate attention. Please e-mail correspondence to slcjudge13@circuit19.org. You must include the opposing counsel or party (if pro se) as a copy recipient on all e-mail correspondence with this office.

E-mail sent to this office should contain the following in the subject line:

• Case Short Style Name (Smith v. Smith)
• Case Number (short case number is ok-example: 25-CA-6)
• Please do Not include the message in the subject line
• Please do Not attach cover letters from attorneys. Put the message in the body of the email

The body of the e-mail must contain a brief description of the purpose of the e-mail, including the specific request from this office. Please include a good faith estimate of time needed for the entire hearing (after consulting with opposing counsel/party), and a good faith certification (see below) that attempts have been made to resolve the matter with the outcome of those attempts.

Please do not include a cover letter.

Ex-Parte Communication: Please do not ask the judicial assistant or other court personnel to communicate any message to the judge, as this is prohibited ex-parte communication. Court staff is not permitted to relay ex-parte information to the judge. All communication with the judge shall be in open court with all parties present, in writing/e-mail copied to opposing counsel/party, and/or filed with the St. Lucie County Clerk of Court and served on the opposing party/counsel. No party or attorney shall otherwise communicate directly with the judge. All e-mails must include all parties (even if pro se) and the style of the case, or they will be disregarded.

Unsolicited Communications: Unsolicited communications from non-parties will not be considered by the court. Parties may only contact the judicial assistant in accordance with these practices and procedures.

E-Filing Portal Contact Information: All attorneys and self-represented litigants must provide an e-mail address to receive signed orders electronically, unless excused. Fla. R. Gen. Prac. & Jud. Admin. 2.516. It is the responsibility of attorneys and self-represented litigants to update their contact information using Form 2.603 any time there is a change in the e-mail account registered for electronic service.

Response to Inquires: The judicial assistant is not authorized to provide legal advice. All inquiries received that are in compliance with the court’s division procedures are responded to in the order in which they are received. Please do not contact the judicial assistant to ask if orders have been entered unless two weeks have elapsed from the date of the hearing. Information is available online at the clerk’s office website at www.stlucieclerk.gov regarding the entry of orders.

Do not send multiple emails about the same subject matter. Emails are answered in the order in which they are received. Do not start a separate email thread about the same case—it will be ignored until you reply within the thread.

Documents submitted to this office by e-mail should be attached as a document with a name that is easily identifiable and searchable, and not attached under a “scanned doc” name. Example of simple name for document: Smith v. Jones 18DR6 O-Set Hrg.

Telephone: If you are unable to e-mail the judicial assistant, please do not leave more than one voicemail message. Voicemail messages are answered in order of receipt within 24-48 business hours. Please understand that the judicial assistant is entitled to sick and vacation time, which might occasionally account for a delayed return of a voicemail .

Court Schedule: All hearings must be coordinated through the judicial assistant via email. This office does not use an online calendar. All hearings and trials are special set at this time. Trial dates are listed on the court’s webpage separately under monthly E dockets.

Scheduling Hearings: All motions must be filed with the St. Lucie County Clerk of Court BEFORE you contact this office for hearing date and time. Hearings will not be coordinated unless 1) the motion is visible in the clerk’s file; and 2) you attach a time stamped copy of the motion to your e-mail requesting hearing time. Otherwise, you will not receive hearing time from the judicial assistant.

You must account for time for both sides and state in your email that you have done so, as the court’s presumption is to equally divide the time. Your hearing will be set quicker if your initial email indicates that you have conferred with opposing counsel and the time requested accounts for that side of the hearing as well. Do not just provide the time for your side of the hearing.

When requesting a hearing date, please email the judicial assistant at slcjudge13@circuit19.org and copy opposing counsel and/or the pro se party. Once the judicial assistant has responded with dates, it is your responsibility to confirm availability with all parties and notify the judicial assistant to reserve the date. Hearing dates will be confirmed on a first come, first served basis via email. Your hearing date and time is not confirmed until you receive a confirmation email from the judicial assistant that it has been added to the court calendar. Do not file a notice of hearing in the court file until you have received that confirmation from the judicial assistant.

Emails including the judicial assistant attempting to coordinate dates and times with opposing counsel will be ignored and may result in your hearing time being given away as a sanction. The moving party is responsible for contacting the opposing party to coordinate the hearing date. If after three (3) business days you are unable to coordinate the hearing date, you may report that issue to the judicial assistant to unilaterally schedule the hearing setting forth in your good faith certificate the attempts that were made to coordinate the hearing (see below under good faith certificate).

The party filing the motion shall submit a proper request for hearing time to the judicial assistant within 30 days of the filing of the motion. Failure to do so may result in the denial of the motion without prejudice.

No hearing time will granted until the CMPO is filed in the court file. Hearing time will not be held on the court’s calendar for motions that are not yet ripe (i.e., motion for summary judgment under Fla. R. Civ. P. 1.510(c)).

Notices For Hearing: When the judicial assistant confirms the hearing date on the court calendar, the moving party will be directed to notice the hearing, if applicable. Notices of hearings MUST contain a good faith certificate (see Good Faith Certificate below) and MUST contain the other party’s email address if the party is pro se. Statements of service to “all parties of record” do not constitute proper notice, which may cause the hearing to be cancelled. Notices of hearing MUST contain the ADA notification required by Fla. R. Gen. Prac. & Jud. Admin. 2.540.

Additional motions may not be “piggy-backed” by cross-notice unless counsel first confirms with the party who scheduled the hearing and/or the judicial assistant that sufficient additional time can be reserved to hear them.

Good Faith Certificate: All motions and notices of hearing must contain a certificate of good faith that you have contacted the opposing party (and attempted to resolve the matter without court time) and coordinated the hearing date, time, and amount of time necessary for the hearing. It must include a certification that the movant (attorney versus staff if the movant is represented) has personally and directly conferred or attempted to confer with the attorney or opposing party.

Attempts to Confer: One attorney’s staff member emailing/calling another attorney’s staff member regarding availability on dates and times does not constitute a good faith certification that attempts have been made to resolve the matter. An attorney must directly contact another attorney (or pro se party) and allow at least 48 hours during the business week for a response. Further, sending a letter in the mail (whether to opposing counsel or a pro se party) will never meet the requirement of good faith certification. Hearing time will not be allocated unless the good faith certification is strictly followed.

All notices of hearing must have the following language (unless the judge or the judicial assistant have specified that the hearing must be in person):

At the designated hearing time, you will appear through Zoom teleconferencing (without charge) via video by clicking https://zoom.us/j/3984050002 or phone by calling 1-786-635-1003; Meeting ID: 398 405 0002. You must appear via video to provide testimony. You will be in the virtual “waiting room” until the case is called.

Continuance Procedure: Continuances are disfavored and will be granted only upon good cause shown. All motions for continuance shall be in writing unless made at a trial and, except for good cause shown, shall be signed by the party requesting the continuance. Fla. R. Gen. Prac. & Jud. Admin. 2.545(e). Motions for continuance will initially be considered in chambers and must be accompanied by a proposed order (see subsection D for format below).

Cancelling a Hearing: If you want to cancel a hearing, contact the judicial assistant at slcjudge13@circuit19.org. If you want to cancel a hearing on the opposing party’s motion or petition, contact the opposing party first to determine whether he/she will agree to the cancellation. No notice of cancellation will be accepted by this office unless 1) the pending pleading is withdrawn; or 2) the pending pleading is rescheduled while remaining in compliance with the CMPO. A mere cancellation of hearing that does not resolve or progress the underlying pleading is unacceptable and will be stricken from the court file. Further, the court may require the parties and attorneys to attend and conduct a case management conference. It is the responsibility of the moving party to contact the judicial assistant at slcjudge13@circuit19.org to advise of the cancellation AND file a notice of cancellation in the court file. Ample notice is appreciated, so that the court time may be back filled for another case.

Failure to Appear: After proper notice, failure of any party to appear at the hearing will not prevent a party from proceeding with the matter when the case is called. If the party noticing the matter for hearing chooses to wait for the absent party, the matter may be passed over until the end of the calendar.

Other re: Conferral: Pursuant to Rule 1.202, before filing a non-dispositive motion, the movant must confer with opposing party/counsel in a good-faith effort to resolve the issues raised in the motion. Motions without the required Certificate of Conferral, in the correct format, may be stricken for non-compliance. At the end of the motion and above the signature block, the movant must include a certificate of conferral in substantially the following form:

“I certify that prior to filing this motion, I discussed the relief requested in this motion by [method of communication and date] with the opposing party and [the opposing party (agrees or disagrees) on the resolution of all or part of the motion]

OR

[the opposing party did not respond (describing with particularity all of the efforts undertaken to accomplish dialogue with the opposing party prior to filing the motion)].”

OR

“I certify that conferral prior to filing is not required under rule 1.202.”

The date listed in the conferral must be within 7 days of the filing of the motion. Otherwise, parties will be required to update the conferral before hearing time will be offered.

Remote Appearance Procedure: The court allows counsel/parties to appear in person or via Zoom for evidentiary and non evidentiary hearings (without the filing of a motion); both options must be listed on all notices of hearing unless otherwise directed by the court or the judicial assistant. It is the attorney’s responsibility to test Zoom capabilities with the party prior to the hearing. Failure of counsel/party to properly appear via Zoom can result in the court resetting the hearing and requiring in person appearance.

All jury trials are conducted in person. All experts at jury trials must appear in person.

Platform Used: The court uses Zoom for remote appearances.

Platform Meeting ID#: https://zoom.us/j/3984050002 Meeting ID: 398 405 0002

Format: All proposed orders must be submitted in Word format. The proposed order shall be typed in Times New Roman 12 pt font. The document should be named in a searchable format, which contains a short style of the case, short case number and short name of order. SAMPLE: Doe v. Doe 25-DR-3 (grant SJ). Your proposed order must contain a complete service list, setting forth e-service address for pro se litigants, as well as any postal addresses if there is no e-service address. Statements of service to “all parties of record” will be returned unsigned. Signed orders will be e-filed and e-served via the e-portal only.

If your hearing is set to address more than one pleading/motion, each pleading/motion must be accounted for in your proposed order (in the title, in the body, and in the ordered section). A separate proposed order for each individual motion will be rejected as non-compliant with these procedures.

Submission Method: Via email to slcjudge13@circuit19.org

Deadline for Submissions: Attorneys shall submit proposed orders two business days prior to hearings.

***Failure of the movant to submit a proposed order two business days prior to the hearing in the format described above on the court’s approved template will result in the court striking the hearing from the court calendar. the hearing will not be reset until the proposed order is received***

Other Procedures Related to Submission of Proposed Orders: Strict compliance with this section is greatly appreciated by the court and helps produce orders more quickly and efficiently.

If you are submitting an agreed order for signature, please note it in the body of the email to the judicial assistant. Your proposed order must have the word “agreed” in the title.

When Required: When counsel/party intends to rely on case law or other documents in a hearing, a courtesy electronic copy submitted to the court and the opposing party in advance is required. Please make sure the documents are tabbed for ease of reference.

Format: Any digital format is acceptable (though PDF is preferred), as long as the pertinent sections are highlighted (for case law) or tabbed (for binders). This is a paperless office. Brevity is appreciated…

Submission Method: Via email to slcjudge13@circuit19.org. Paper binders presented at the hearing will not be considered or accepted by the court. Do not mail binders to the judicial assistant.

Deadline for Submissions: Courtesy copies of case law, legal memoranda, and/or hearing materials must be submitted no later than five business days prior to the hearing.

Other Procedures Related to Other Documents: Legal memoranda are appreciated, and when submitted, they must comply with these procedures and deadlines.

Requirements: All emergency motions must be clearly marked in the title of the motion as an emergency and emailed to the court’s office at slcjudge13@circuit19.org with a timestamp on it. A proposed order meeting the requirements of subsection D above must be included.

Scheduling: Once the motion is filed in the court file and deemed an emergency by the court, the judicial assistant will notice it for hearing at the earliest opportunity without coordination with counsel and parties. Please note that the court reserves time for emergencies over the lunch hour and after 4:00 p.m. on Friday afternoons.

Please see separate exhibit policy posted on the division website.

Notices for trial are not required, as trial dates are set by the Case Management Plan and Order Setting Trial.

All jury trials are in person. All experts must appear in person at jury trials.

All E-docket calls will be held in chambers on the first business day of each month. Counsel will not attend E-docket call. Instead, counsel with cases on each month’s docket will fill out the E-docket call form found in your Case Management Plan and Order Setting Trial, and e-mail it to slcjudge13@circuit19.org no later than 5:00 p.m. three business days before your E-docket call month. The court will make its best effort to place you on the court calendar during the week(s) you have selected. Cases will be stacked during your selected week(s) according to the year that the case was filed, with the older cases being placed at the top of that week’s trial schedule.

Counsel for each case is required to submit the E-docket call form for the trial period during which your case is set. All counsel shall discuss and agree regarding trial dates to be selected, and one form is to be submitted for each case. Simply filing a motion to continue will not suffice to continue the case. Your case will not be continued because both parties agree and note same on the E-docket call form. The form shall be signed by all counsel of record for that particular case. If you fail to submit the form as set forth above by the deadline, you will be set on the trial schedule at the will of the court.

All cases set for trial will receive an order setting jury trial, which will state your trial position as of the beginning of the month. If you are scheduled as a back-up, it will also list all cases set before you. It will be the responsibility of counsel and pro se litigants to keep track of their position on the trial docket and to monitor whether the cases set ahead of your case are settled or continued. If your case is not able to be set for trial, you will receive an Order Rescheduling E-Docket Call. You remain on call until you are released from the trial docket by the court.

Unless otherwise ordered, the top two cases moving forward as of 12:00 p.m. on the Friday preceding your trial date are required to appear the morning of trial. Unless the case is settled or continued prior to the date set for trial, counsel must appear for trial in person. If you are in the top two cases as of 5:00 p.m. on the Friday preceding your trial and you settle over the weekend, you are responsible for notifying the number three trial of that settlement and its new position in the top two.

All other cases will be rolled to another trial week or to the next E-docket call date. If your case is rolled to the next E-docket call, you will be required to submit another joint E-docket call form.

If your case is rolled or continued, existing deadlines stay in place, and you will receive an Order Rescheduling E-Docket Call. Do not call the judicial assistant to determine the status of your case or priority of your case for the trial week. It is unacceptable to announce to the court that counsel is not ready to proceed to trial because counsel thought another case would proceed instead. If your case is called up for trial and you do not appear or are not ready for trial, the case will be dismissed if you are the plaintiff, or a default entered if you are the defense.

All other trial specific information is found on your Case Management Plan and Order Setting Trial or your Trial Order.

Pre-Trial Compliance: This court requires full compliance with the Case Management Plan and Order Setting Trial, which includes the timely submission of a joint pre-trial statement. Your case will be subject to removal from the trial docket if a joint pre-trial statement is not filed in compliance with the Case Management Plan and Order Setting Trial. Motions in limine and other motions concerning how the trial is to be conducted will not be entertained during trial or on the day of jury selection, unless the court is satisfied that with due diligence, the matter could not have been heard pre-trial.

This court refers discovery matters, attorney’s fees motions, and all non dispositive matters to the general magistrate. You may obtain an order of referral by requesting one from the magistrate’s assistant by email at civil_magistrate@circuit19.org. Do not contact the judicial assistant unless and until you have contacted the magistrate’s assistant first and failed to receive a reasonable response (at least 48 hours during the business week). If you fail to receive a reasonable response from the magistrate’s assistant, forward that thread to the judicial assistant for review.

If you are in need of translation services, it is your responsibility to bring a Florida Supreme Court certified interpreter to your court hearing. Your notification of the need of an interpreter to either the judicial assistant or the clerk is greatly appreciated at the time of the scheduling of the hearing and/or trial for planning purposes.

A list of certified interpreters can be found on the Find an Interpreter page of the Florida Courts website, located here.

Motion to Withdraw: The motion must contain the party’s last known mailing address, phone number, including area code, and eservice address (email). If not available, the motion must state that the information is not available and the details of a good faith attempt to obtain it. You must serve the party in the motion’s certificate of service.

Additionally, the motion and proposed order must set forth the next court date/trial date.

If consent by the client has been filed and referenced in the motion to withdraw, a hearing is not required. Please include whether you have client consent in the opening sentence of your email to the judicial assistant. You may submit a timestamped copy of the motion and consent with a proposed order in Word to slcjudge13@circuit19.org.

Note: If the party’s consent is obtained after the motion has been filed, you must file an amended motion referencing the consent and submit an updated proposed order. Any scheduled hearing will be cancelled.

Motion to Compel: If there is a motion to compel a response to discovery, you may submit a copy of said motion to the judicial assistant with a proposed order in Word format giving the opposing party ten (10) days from the date of the order to compel.

The motion must have a good faith certification. The good faith certification must state that the movant (attorney versus staff if the movant is represented) has personally and directly conferred or attempted to confer with the attorney or pro se party failing to make discovery in good faith so as to obtain the information without court action not more than 7 days prior to the filing of the motion.

The motion must also set forth the specific efforts made to personally and directly communicate with opposing counsel and the dates involved. General statements will not be accepted. You must comply with rule 1.202. There is no requirement for a hearing on such a motion, and the court will issue an order after a proposed order in the judge’s format has been submitted. Gaspar, Inc. v. Naples Fed. Sav. & Loan Ass’n., 546 So. 2d 764 (Fla. 5th DCA 1989).

Motion to Dismiss and/or Motion for a More Definite Statement: All motions to dismiss filed pursuant to 1.140(b) and motions for more definite statement filed pursuant to 1.140(e) will initially be considered without a hearing. Motions to dismiss must state the grounds and the applicable substantial matters of law specifically and with particularity. Motions for more definite statement must point out the defects complained of and the details desired.

The moving party shall furnish the court with a proposed order upon the filing of the motion. The motion will be held for ten (10) days to give the opposing side the opportunity to reply. If it is determined that a hearing is necessary, the movant will be advised to schedule a hearing and file the appropriate notice. If a hearing is not required, an appropriate order will be entered in chambers.

Motion for Rehearing, Reconsideration, or New Trial: All motions for rehearing, reconsideration, or new trial will be initially considered without a hearing. The moving party shall furnish the court with a proposed order upon the filing of the motion. The motion will be held for ten (10) days to give the opposing side the opportunity to reply.

Court Reporting: The court does not record hearings or trials in this division. If you wish for your hearing/trial to be recorded, you are responsible for bringing a court reporter, who may appear in person or via Zoom.

Settlement of Cases: If your case settles, immediately notify the judicial assistant via email at slcjudge13@circuit19.org with the transmittal confirmation to all parties, attaching an already E-filed notice of settlement, dismissal documents, and final disposition form.

Artificial Intelligence (AI): An attorney may ethically utilize AI technologies but only to the extent that he/she can reasonably guarantee compliance with the ethical obligations. Attorneys must comply with Florida law and the applicable Rules Regulating the Florida Bar (see Florida Bar Ethics Opinion 24-1 (Jan. 19, 2024). If any attorney or pro se party submits to the court any filing or submission containing AI-generated content, that attorney or pro se party must disclose the use of artificial intelligence on the face of the document and also must include a certification that the attorney or pro se party has personally reviewed and verified the content’s accuracy. Failure to include this certification or comply with this verification requirement will be grounds for sanctions, as permitted by law.

Self Represented Litigants: Self represented (pro se) litigants are required to comply with all relevant procedural rules and substantive law as are attorneys, both in court and in their written submissions to the court. These include standards of professionalism and courtesy.

Neither the judicial assistant nor the court can provide legal or other substantive assistance to anyone. Any issues must be brought before the court via motion.

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