Judge Michael J. McNicholas

• Method of communication: This office is paperless. Therefore, all correspondence, motions, hearing materials, etc. should be sent by email in PDF format to the Judicial Assistant at MortL@circuit19.org. Although discouraged, if you lack the ability to transmit documents by email, you may deliver or mail hard copy documents. All communications to the judicial office must be submitted by e-mail to MortL@circuit19.org. The subject line must contain the case number, case name, and relevant matter (e.g., 2024 DR 001234 – Doe v. Doe – 2-Hour Hearing Requested.) This office can best respond to all communications via email to MortL@circuit19.org as emails will receive the quickest attention. The body of the email must contain a brief description of the purpose of the email. If you are requesting an Emergency Hearing or submitting an emergency filing, you must indicate in the subject line emergency. Please note that the labeling of non-emergency matters as “emergency” may be sanctioned.

Do not include the Judicial Assistant on emails between attorneys/parties. Failure to abide will result in the Court setting an in-person hearing on it’s own motion to discuss why the attorneys should not be sanctioned.

• Ex parte communications: Please do not ask the Judicial Assistant or other Court personnel to communicate any message to the Judge. This is prohibited ex-parte communication. The Court’s staff is not permitted to relay ex-parte communications to the Judge. All communications with the judicial office must comply with Canon 3 of the Code of Judicial Conduct, which prohibits a judge from initiating, permitting, or considering ex-parte communications and from considering other communications outside the presence of the parties concerning a pending or impending proceeding, unless authorized by law. All parties must be copied on any e-mail directed to the judicial office, unless an ex parte communication is authorized by law or the e-mail will be disregarded.
• Unsolicited communications: Unsolicited communications from non-parties will not be considered by the court. Parties may only contact the judicial office 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 inquiries: The Code of Judicial Conduct governing behavior by judges forbids judges from discussing court cases or legal issues with the parties and their lawyers out of court. The judge is only allowed to consider arguments made in the courtroom and in documents properly filed by parties in the case as authorized by law and the rules of court. The judge cannot respond to letters seeking a judicial ruling in favor of a party. Please do not call or write expecting to communicate with Judge McNicholas about any case. If you want to make a request for some judicial action, you must file a motion with the Clerk of Court and send a copy to all attorneys and all unrepresented parties in the case. You must contact the judicial assistant for a hearing date. Pursuant to the local rules, the judicial assistant may direct you to send a copy of the motion.
• Other communication procedures: If you are self-represented and wish to inquire about your case status or are looking to schedule a hearing, you may complete a Form A or B (as applicable) at www.circuit19.org under Family Court Information and Resources. If you have a working/viable email address that you wish to use for eservice, please fill out a form and file it with the Clerk of Court. You will then be served with copies via your eservice address.

• Court schedule: Trial dates are scheduled by the Court at a Case Management Conference. The uniform motion calendar is scheduled every Tuesday, Wednesday and Thursday at 9:00 am. Special Set hearings are scheduled on Mondays.
• Scheduling hearings: All motions must be e-filed prior to setting a hearing, however, the mere filing of a motion is insufficient to set a motion for hearing. The motion must be set for hearing to bring the matter to the Court’s attention.UMC hearings may be scheduled using the court’s online scheduling platform https://slccjis.stlucieco.gov/attorney_calendar;Logon to https://slccjis.stlucieco.gov/attorney_calendar
  • You must register to obtain your user ID and password on this site;
  • Click on case scheduling;
  • Enter County, Judge McNicholas’ name, month and year in drop down fields;
  • Hit available Hearing Time: View button and screen will open showing all available hearing times;

  Any issues relating to your login/use of the online calendar should be directed to Christopher.Baker@stlucieco.gov and not to this office.

  Special set hearings must be requested by e-mail by forwarding a copy of the filed motion to MortL@circuit19.org and copying opposing counsel and any self-represented litigant, to coordinate the scheduling of the hearing. Zoom appearance at evidentiary hearings and hearings scheduled for more than 30 minutes will be by court approval only. To obtain court approval, please submit a copy of the filed motion along with a proposed order in Word format to MortL@circuit19.org. The motion must contain the purpose of the hearing and reason requiring appearance by Zoom. Parties must appear in person unless they are specifically authorized to appear via Zoom. For any hearing requiring more than 1 hour, please email the motion to be scheduled to the Judicial Assistant, MortL@circuit19.org, and include the case number/case name, motion(s) and the amount of time requested for both sides in the subject line. Opposing counsel must be included when emailing the J.A. Your email must state the parties have agreed to the amount of time necessary for the hearing and a statement explaining exactly why more than 1 hour is needed. In addition, you must confirm your motion has been e-filed. Hearing time will not be given out over the phone. Additional motions may not be “piggy-backed” by cross-notice unless counsel first confirms with opposing counsel, and the Judge’s Judicial Assistant that sufficient additional time can be reserved to hear them.
  Please do not include this office in email chains coordinating hearing times.

• Notice of hearing: A notice of hearing must be filed and served immediately after reserving hearing time. A notice of hearing involving any remote appearance must list the judicial Zoom credentials. All notices of hearing must contain the ADA notification required by Florida Rule of General Practice and Judicial Administration 2.540. All notices of hearing shall contain a certification signed by the scheduling attorney in substantially the following form: “I HEREBY CERTIFY that I have personally contacted opposing counsel in an effort to resolve the issue(s) however, the matter cannot be resolved and a hearing is necessary”.
• Submission deadlines: The court must receive all materials for the hearing no later than five business days prior to the hearing.
• Order of proceedings: Matters will be heard in the order they appear on the docket.
• Continuance procedure: Motions to Continue must be e-filed and an order (in Word format) forwarded to the Judicial Assistant MortL@circuit19.org. A request for continuance must be submitted at least three full business days prior to the scheduled court date. Except for good cause shown, the motion must be signed by the party requesting the continuance, as required by Florida Rule of General Practice and Judicial Administration 2.545(e).
• Cancelling hearings: All UMC hearings scheduled online must be cancelled online if not going forward. A Notice of Cancellation should also be e-filed with a copy sent to MortL@circuit19.org. If a hearing on a motion is specially set for more than 15 minutes but less than 60 minutes and is cancelled without resolving the motion, no subsequent hearing shall be scheduled for the same motion except under court order. Trials or hearings special set for more than 60 minutes that are not fully resolved may not be cancelled or continued without Court Order. Please forward a courtesy copy of your filed Notice of Cancellation to the Judicial Assistant via email once you have filed same.
• Cooperation of counsel: Hearings must be cleared with opposing counsel and/or pro se parties. Good faith cooperation is expected from counsel, their support staff, and pro se litigants. Should counsel, their staff, or pro se litigants fail to respond within 3 business days, or refuse to cooperate in obtaining or in setting a hearing, the difficulty should be set forth either in the motion or in the notice of hearing. After 3 business days, the requesting party may unilaterally set a hearing. Notice of the hearing must be provided at least five (5) business days prior to the hearing. All motions must comply with the Florida Rules of Civil Procedure, including, but not limited to, a certification that the movant, in good faith, has conferred or attempted to confer with the person or party failing to make discovery in an effort to secure the information without Court action. See, Fla.R.Civ.P., Rule 1.380(a)(2). All notices of hearing shall contain a certification signed by the scheduling attorney in substantially the following form: I HEREBY CERTIFY that I have personally contacted opposing counsel in an effort to resolve the issue(s), however, the matter cannot be resolved and a hearing is necessary. Please note that certifications containing language to the effect that an effort will be made to resolve the issue in the future is not sufficient. Failure to comply with this requirement may result in cancellation of the hearing by the Court. If it is determined that the certification is not true, other sanctions may be imposed, including a referral to the Florida Bar or local professionalism panel.

• Remote appearance procedure: UMC and Non-evidentiary Hearings set for 30 minutes or less may be attended via Zoom. Case Management Conferences will be in person and will include all parties. To appear via Zoom parties must notify the Judicial Assistant via email to: MortL@circuit19.org at least 3 days prior to the hearing.
• Platform used: The court uses Zoom for remote appearances. At the designated hearing time, you will appear through Zoom teleconferencing (without charge) via video by clicking https://zoom.us/j/3895744716 Meeting ID: 389 574 4716.
• Platform meeting id#: 389 574 4716
• Requirements: Parties may appear via the Court’s Zoom conference at the designated time and shall ensure prior to the hearing that they have sufficient band width and electronic devices are working appropriately to prevent delay. Failure to comply with this paragraph may result in the Court requiring personal appearance at all further hearings. You will remain in the Zoom “waiting room,” until your case is called and the Court allows entry. You must appear via video (not just calling in via phone) to provide testimony. Instructions for using Zoom are located on the Nineteenth Circuit’s Zoom page. It is not necessary to have a Zoom account to participate in a remote hearing. However, you may be prompted to download the software once you have clicked on the meeting link. Additionally, if using smartphone, you may be prompted to download the Mobile App. This is not necessary. However, you may wish to create an account. Additional information about Zoom is available at www.zoom.us.
• Technology needs: https://www.circuit19.org/technology/

• Format: All proposed orders must be submitted in Word format. All proposed orders must be accompanied by a cover letter or email either certifying that all parties agree to the proposed order or a statement identifying any disagreement of the parties as to the proposed order. The Court will not execute proposed orders, agreed orders, or stipulations without transmittal confirmation to all counsel of record and pro se parties. The transmittal letter shall be authored by counsel of record versus an office paralegal or other staff. All proposed orders shall have the following language under the service list: “A copy of this order is being served on the following parties via the e-filing portal” (Include the parties with email addresses below this paragraph).
• Submission method: Proposed orders must be emailed to the judicial assistant at MortL@circuit19.org. The proposed order must reflect the date of the hearing, that it is ex-parte or coming before the Court in chambers. All motions must be filed through the e-portal prior to submission of the proposed order.
• Deadline for submissions: If counsel is asked to prepare an order, the order shall be drafted and circulated within 2 business days of the hearing, and submitted to the Court via email to the Judicial Assistant with a transmittal letter confirmation to all counsel and pro se parties within 7 business days of the hearing, advising the Court in writing of any objection to the form of the proposed order.
• Proposed orders prior to hearing: It is preferable that you send your proposed orders by email in advance of the hearing date to the Court’s Judicial Assistant. If the matter involves adoption of a Settlement or Mediation Agreement which is to be incorporated and made part of the Final Judgment or Order, please be sure to submit a copy with the proposed order/judgment.

• When required: Courtesy copies of case law or other specified documents must be submitted to the court for any evidentiary proceeding.
• Submission method: Please send hearing packets via e-mail to the Judicial Assistant MortL@circuit19.org
• Deadline for submissions: Courtesy copies must be emailed to the court no later than two days before any evidentiary proceeding.

• Requirements: If a party believes there is a factual basis for setting an emergency hearing, a detailed motion setting forth the following must be filed: (1) the issues to be resolved, (2) reasons why an emergency hearing is necessary, and (3) the amount of time needed for each party’s presentation.
• Scheduling: If the court determines that an emergency exists, the Judicial Assistant will contact the parties coordinate and set the hearing. All parties shall make themselves available for emergency hearing, barring exigent circumstances.

For procedures regarding temporary relief motions, emergency motions, and other evidentiary motions, please review Administrative Order 2015-12 Unified Family Court.

The basic procedures are:

• Counsel must personally speak with opposing counsel first
• Mediation is required before a lengthy hearing whenever possible
• Movant must provide a copy of the motion to the court and opposing counsel/party
• The court will review and may set a hearing
• Moving Party shall provide the notice of hearing
• Motions to modify post-judgment parenting and child support will be referred to the magistrate unless it is a true emergency.

• Submission Method: If you have exhibits or witnesses for a hearing, a copy of the exhibit list and/or witness list must be filed with the clerk and provided to the court via email at least 5 days prior to the hearing. Please email the evidence clerk a copy of the exhibit list evidence@martinclerk.com.
• Format: Exhibits must be submitted to the Martin County Clerk of Court in paper format. All attorneys and self-represented litigants must bring sufficient copies of each exhibit for the clerk, the court, and each party to review during the hearing or trial. Please email the judge’s copy of exhibits to MortL@circuit19.org at least 5 days prior to the hearing.
• Deadline for submissions: All exhibits must be received in chambers five days before the evidentiary proceeding.
• Pre-marking exhibits: For all inquiries regarding pre-marking and templates for exhibits please email the evidence clerk at evidence@martinclerk.com

• Case Management Conference: To obtain a Final Hearing/Trial Date on a contested petition, the parties must attend a Case Management Conference. Pursuant to Rule 12.200, Fla. Fam. L.R.P. or Rule 1.200, R.Civ.P., either upon the court’s own motion, or upon receipt of a Notice for Trial or Motion for Case Management Conference (CMC), a case management conference will be ordered by the court.
  ALL PARTIES, INCLUDING THE CLIENTS, MUST BE PRESENT IN PERSON AT CASE MANAGEMENT CONFERENCES, UNLESS OTHERWISE EXCUSED BY THE COURT.
  The CMC order will require completion of the pre-trial statement. The petitioner (movant) shall write a letter to the court with a copy to the opposing party advising the court that the parties have filed their joint pre-trial statement and attach a copy of the filed joint pre-trial statement to the letter. The court will then review the pre-trial statement of the parties, to be sure that it complies with the requirements of the CMC order. If the Court is satisfied that the pre-trial statement is complete, and it otherwise appears that the parties are in compliance with the order, the Court will then order the case scheduled for the next docket call. If the court is not satisfied with the pre-trial statement, it will so communicate to the parties and require amendments. If a party submits a notice that the other party has refused to comply with the CMC order, the court will issue an order to show case as to why sanctions should not be imposed on the delinquent party.
• Status conference: Any party may request a status conference when a case requires.
• Requirements: Any request for a CMC or status conference must articulate the reasons for the necessity of the conference.

• Procedure: Once a notice for trial is filed and forwarded to the Judicial Assistant via email a Case Management Conference will be scheduled.
• Notice Period: At the Case Management Conference, the court will set the trial date(s).

• • Access: Division forms are available at https://www.circuit19.org/family-division/ or flcourts.gov

• Ada accommodations: If you require an ADA accommodation, please contact Court Administration at 772-807-4370. Visit the Circuit website for further information at: https://www.circuit19.org/americans-with-disabilities-act-ada/.
• Interpreter requests: If an interpreter is needed for a hearing or trial, please contact Court Administration. Visit the Circuit website for further information at: https://www.circuit19.org/court-interpreters/.
• Court reporters: Fla. R. Jud. Admin. 2.535(b) requires that the party requesting a court reporter must arrange for and pay the reporting fees for any hearing or trial. This requirement shall not preclude taxation of costs as authorized by law.
• Settlement of cases: If your case has settled, immediately notify the Judicial Assistant via e-mail, with transmittal confirmation to all parties, attaching an already e-filed notice of settlement, dismissal documents and final disposition form.
• Motions for extension of time: When a motion for extension of time is filed, and there is no opposition for the extension, an order may be entered without a hearing. The movant shall submit the proposed order in Word format and include a cover letter that certifies that opposing counsel or unrepresented party has been contacted and agreed to the order or waived a hearing thereon.
• Discovery motions/motions to compel: If a motion to compel discovery sets forth a complete failure to respond or object to discovery, the time for complying with the discovery request has lapsed, and there has been no request for an extension of time, an ex parte order may be entered requiring compliance with the original discovery demand within ten (10) days of the signing of the order. The motion must include a certification that the movant has conferred or attempted to confer with the attorney or person failing to make discovery in good faith so as to obtain the information without court action. Upon the filing of such motion, the moving party shall send the motion, proposed order and transmittal confirmation to the Court via e-mail. See, Fla.R.Civ.P. 12.380(a)(2).
• Motions for rehearing, reconsideration or new trial: Upon the filing of such motion, the moving party shall send a copy to the Court for review via e-mail MortL@circuit19.org. The copy of the motion shall be accompanied by a proposed order and transmittal confirmation to all counsel. If the Court determines that a hearing is necessary, the movant will be given dates and times to coordinate with opposing counsel or pro se litigants, and the movant must file the appropriate notices. Please do not set a Motion for Rehearing or Motion for Reconsideration for hearing without first receiving permission from the Court. All proposed orders and motions must contain proper address certification—i.e. the full address or email address where the motion was served (or order will be served.) “I certify that a copy of the foregoing was emailed to all parties through the e-service portal” is not sufficient. Likewise, listing a party on the order “cc:” without listing the address is insufficient. The order will reflect that counsel will be required to mail copies of any orders that require US mail.
• Withdraw or substitution of counsel: Compliance with Fla. R. Jud. Admin. 2.505 is required. Written client consent must be filed, or a hearing must be held after proper notice to the client. All Motions to Withdraw must contain a certification by Counsel of any and all pending matters to be brought before the Court within 60 days of the proposed order.
• Motion to continue: Any motion to continue must comply with Florida Rule of Civil Procedure 1.460, including requirement of signature by the party requesting continuance. Simply filing a motion to continue will not suffice to continue the case. Your case will not necessarily be continued because both parties agree.
• Motion to dismiss/motion for more definite statement: All Motions to Dismiss filed pursuant to Fla.R.Civ.Pro.1.140 (b) and Motions for More Definite Statement filed pursuant to Fla.R.Civ.Pro.1.140 (e), will initially be considered without hearing. Motions to Dismiss must strictly comply with the requirements of the Rule in that the grounds and the applicable substantial matters of law shall be stated specifically and with particularity. Motions for More Definite Statement must strictly comply with the requirements of the Rule in that the motion must point out the defects complained of and the details desired. Any party may furnish to the Court via email: the motion to dismiss; a proposed completed order; and transmittal confirmation to all counsel of record and pro se parties. The copy shall be accompanied by a proposed completed order in Word format. 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. No case dispositive ruling will be made without a hearing.
• Temporary relief hearings: Pursuant to Administrative Order, parties must attend mediation before a Temporary Relief Hearing may be set. If you schedule a Temporary Relief Hearing without first having attended mediation your motion will not be heard, and your hearing will be stricken.
• Artificial intelligence (ai): An attorney may ethically utilize AI technologies but only to the extent that the lawyer can reasonably guarantee compliance with the lawyer’s 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 of comply with this verification requirement will be grounds for sanctions, as permitted by law.

Information not covered: If any matters concerning the conduct of the pre-trial or trial procedures are not covered herein, counsel is free to contact the Court, in writing via e-mail at MortL@circuit19.org. A UMC status hearing can be set at which time the Court will attempt to answer any inquiries. The Court appreciates counsels’ efforts to understand and comply with this Court’s procedures.