- Magistrate
- 218 South Second St. Fort Pierce, FL 34950
- Phone:
- (772) 742-9238
- Judicial Assistant:
- Haley Bonin
- Email:
- SLCmagistrate2@circuit19.org
-
- Method of Communication: All communications to the Magistrate’s Office must be submitted by email to slcmagistrate2@circuit19.org. The subject line must contain the case number, case name, and relevant matter (e.g. 2924DR991234 – Doe v. Doe – 2 hour hearing requested). A short case number is acceptable (e.g. 24DR123).
- Purpose: The body of the email must contain a brief description of the purpose of the email. If a potential hearing date and time over one hour is being requested, please include a good-faith estimate of time needed for the entire hearing (after consulting with opposing counsel/party), and a good-faith certification that attempts have been made to resolve the matter with the outcome of those attempts. Do not just provide the time for your side of the hearing. You must account for time for both sides, as the court’s presumption is to equally divide the time.
- Attachments: Documents submitted to this office by email should be attached as a document with a name that is easily identifiable and searchable and not attached under a “scanned doc” name. An example of a simple name for a document is: Smith v. Jones 23DR6 O-Set Hrg.
- Motions may be submitted in .pdf format and must include a time stamp indicating that they have been filed in the court file. All proposed orders must be submitted in Word format two business days prior to the hearing. Please submit all documents attached to one email.
- Ex Parte Communications: All communications with the Magistrate’s 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 Magistrate’s Office, unless an ex parte communication is authorized by law.
- Unsolicited Communications: Unsolicited Communications from non-parties will not be considered by the court. Parties may only contact the Magistrate’s 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 email account registered for electronic service.
- Response to Inquiries: Please do not contact the magistrate’s assistant to ask if an order has been entered. Information regarding the entry of orders is available online at the clerk’s office website at www.stlucieclerk.gov. Please do not send multiple emails about the same subject matter. Emails are answered in the order they are received. If you are unable to email the Magistrate’s assistant, please do not leave more than one voicemail message. Voicemail messages are answered in order of receipt within 24-48 business hours.
-
- Order of Referral: All matters must have an order of referral to the magistrate from the Circuit Court Judge. If your motion or supplemental petition is post-judgment and does not already have a referral to the magistrate, you may obtain one by requesting an order of referral from the magistrate’s assistant by email at slcmagistrate2@circuit19.org.
- Scheduling Hearings: All motions must be filed with the St. Lucie County Clerk of Court Before you contact this office for a hearing date and time. Hearings will not be coordinated unless (1) the motion is visible in the clerk’s file; or (2) you attach a time-stamped copy of the filed motion to your email requesting hearing time.
All hearings must be coordinated through the magistrate’s assistant via email. This office does not use an online calendar. When requesting a hearing date, please email the magistrate’s assistant at slcmagistrate2@circuit19.org and copy opposing counsel and/or the pro se party. 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 magistrate’s assistant that it has been added to the court calendar. - Notice of Hearing: The magistrate allows parties to appear in-person or via Zoom (without the filing of a motion) for case management hearings and non-evidentiary hearings. In person appearance is required for final hearings, evidentiary hearings and trials unless the Magistrate grants permission to appear via zoom. It is the attorney’s responsibility to test Zoom capabilities with the party prior to the hearing. Failure of a party to appear via Zoom may result in the magistrate resetting the hearing and requiring in-person appearance. All notices of hearing must contain the ADA notification required by Florida Rule of General Practice and Judicial Administration 2.540.Hearing dates and times must be cleared with opposing counsel, noting the same on your notice of hearing, and most importantly, confirmed by this office. Submit a copy of your motion and notice of hearing to the magistrate’s assistant via email at slcmagistrate2@circuit19.org at least five business days prior to the hearing. Failure to provide the documents may result in the striking of the hearing. Notices of hearings must contain a good-faith certificate (see Good-Faith Certificate).Additional motions may not be “piggy-backed” by cross-notice unless counsel first confirms with the party who scheduled the hearing and/or the magistrate’s assistant that sufficient additional time can be reserved to hear them.
- Submission Deadlines: You may also send via email any case law, legal memoranda, etc. which you think may be helpful to the Court at least two business days prior to the hearing, but please make the same information available to the opposing party on the same timeline. Please highlight any pertinent sections of the case law you submit.
- Continuance Procedure: Continuances are disfavored and will be granted upon good cause shown. A request for continuance must be submitted at least five 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: If you want to cancel a hearing, contact the Magistrate assistant at slcmagistrate2@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 they 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.
It is the responsibility of the moving party to contact the Magistrate Assistant at slcmagistrate2@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. - Good-Faith Certificate: All notices of hearing must contain a certificate of good faith that you have contacted the opposing party and coordinated the hearing date, time, and amount of time necessary for the hearing. If, after three business days, you are unable to coordinate a hearing date and time, you may report that information to the magistrate’s assistant in the email thread, and the hearing will be set unilaterally.
- Required Language: All notices of hearing must contain the following language: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.Pursuant to Fla. Fam. L.R.P. 12.490(d)(4), the notice of hearing must also contain the following language in bold type:SHOULD YOU WISH TO SEEK REVIEW OF THE RECOMMENDED ORDER MADE BY THE GENERAL MAGISTRATE, YOU MUST FILE A MOTION TO VACATE IN ACCORDANCE WITH RULE 12.490€, FLORIDA FAMILY LAW RULES OF PROCEDURE, YOU WILL BE REQUIRED TO PROVIDE THE COURT WITH A RECORD SUFFICIENT TO SUPPORT YOUR MOTION TO VACATE OR YOUR MOTION WILL BE DENIED. A RECORD ORDINARILY INCLUDES A WRITTEN TRANSCRIPT OF ALL RELEVANT PROCEEDINGS UNLESS WAIVED BY ORDER OF THEC OURT PRIOR TO ANY HEARING ON THE MOTION TO VACATE. THE PERSON SEEKING REVIEW MUST HAVE THE TRANSCRIPT PREPARED FOR THE COURT’S REVIEW. All notices of report hearing must contain the following language:
At the designated hearing time, you will appear through Zoom teleconferencing (without charge) via video by clicking link https://zoom.us/j/2076384494 or via phone by calling 1-646-558-8656; Meeting ID: 207 638 4494. You must appear via video to provide testimony. You will be in the virtual “waiting room” until the case is called.
- Failure to Appear: After proper notice, failure of any party to appear at the hearing will not prevent another 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:
- Pro Se Parties: Petitioners and/or Respondents without an attorney are “pro se.” Please note that the magistrate is not permitted to hear any matters unless they (1) have been properly raised by a motion or petition, and (2) have been properly noticed for hearing.
- If both Parties are Pro Se: If both parties are pro se/self-represented, then their case will be placed on the pro se docket. The Pro Se Case Manager manages this docket, and this Manager will set all hearings in the case. Pro se litigants may inquire as to the status of their case, or request a hearing, by completing and submitting Form A located at www.circuit19.org under the Family Division. Please note that the magistrate’s assistant does not track the pro se docket. Please do not contact the magistrate’s office for pro se matters. Instead, submit an inquiry to the Pro Se case Manager using Form A.
- If Only One Party Is Pro Se: If only one party is pro se, and the other party has an attorney, then hearings must be scheduled in the manner outlined in Section B, above.
- Service: All motions or other pleadings filed in your case must be provided to the other party or his/her attorney at the time of filing. Proof of service (via a properly completed certificate of service) must be completed to verify service of a copy of the item being filed to the other party, the date served, how served (US Mail, email, etc.) and the address where the item was sent/served. If service is required by process server or sheriff’s office, the return of service affidavit must be filed in the court file with the St. Lucie County Clerk of Court. Failure to properly certify service in the court file may result in the rescheduling of your hearing or dismissal of your motion.
-
- Remote Appearance Procedure: The court maintains a hybrid virtual courtroom, allowing parties to appear either in person or remotely, as provided by Florida Rule of General Practice and Judicial Administration 2.530. Requests to use communication technology for an appearance must be made by motion.
All case management conferences are conducted via zoom however parties may appear in person if they wish. Parties may appear via zoom for non-evidentiary hearings with the Magistrate’s permission. All final hearings, evidentiary hearings and trials are in person unless the Magistrate has granted permission to appear via zoom.
- Remote Appearance Procedure: The court maintains a hybrid virtual courtroom, allowing parties to appear either in person or remotely, as provided by Florida Rule of General Practice and Judicial Administration 2.530. Requests to use communication technology for an appearance must be made by motion.
-
- Format: Proposed orders shall use the magistrate’s template (the magistrate’s assistant will provide the template applicable to your situation upon request via email if you do not have the template). The proposed recommended order shall be typed in Times New Toman 12 pt font. The proposed recommended order should reflect the date the hearing was held. 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 16DR3 O-Cont. Your proposed recommended order must contain a complete service list, setting forth e-service addresses, as well as any postal addresses if there is no e-service address. Signed recommended orders will be e-filed and e-served via the e-portal only.All proposed recommended orders must address any applicable child support obligations and have the child support guidelines worksheet attached. The proposed recommended order must contain the amount of child support, whether there is a prior administrative order regarding child support, and whether there are any arrears owed. The proposed recommended order must specify if payments are to be made direct through the Florida State Disbursement Unit (or direct pay) and whether there will be income withholding/income deduction orders entered. The proposed IDO/IWO must be included with the proposed recommended order. The form (which includes both the IWO and the IDO) is posted on the court’s webpage for convenience.
- Submission Method: Proposed orders shall be submitted to slcmagistrate2@circuit19.org
- Deadline for Submissions: Attorneys Shall submit proposed orders two business days prior to hearings and/or trial.
-
- 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).
- Submission Method: Via email to slcmagistrate2@circuit19.org.
- Deadline for Submissions: Courtesy copies of case law, legal memoranda, and/or hearing materials must be submitted no later than two business days prior to the hearing.
-
Please see separate exhibit policy posted on the division website.
-
- Legal Advice: Please note that this office is not permitted to give you legal advice or answer any legal questions for you. Please do not contact this office seeking such advice or answers. Instead, you may contact an attorney of your choice.
- Motions:
- Motion for Temporary Relief: Parties must attend mediation before a motion for temporary relief will be set on the court calendar. All motions for temporary relief will be set for a maximum of 30 minutes only. You may ask for permission to extend the hearing to one hour, which will only be allowed for good cause shown.If the motion involves financial issues, both parties must have up-to-date financial affidavits in the court file prior to the scheduling of the motion for hearing.
- Motion to Compel: If there is a motion to compel a response to discovery, you may submit a copy of said motion to the magistrate’s assistant with a proposed recommended order in Word format giving the opposing party ten (10) days from the date of the order to compel. The motion must have a certificate of good faith. You must comply with Fla. Fam. L.R.P. 12.380. There is no requirement for a hearing on such a motion Gaspar, Inc. v. Naples Fed. Sav. & Loan Ass’n., 546 So.2d 764 (Fla. 5th DCA 1989).
- Motion to Withdraw: A motion to withdraw must contain the party’s last known mailing address, phone number, including area code, and e-service address (email). If not available, the motion must state that the information is not available and the good faith attempts to obtain it. Additionally, the motion and proposed recommended order must set forth the next court date/trial date or that there are no future court dates.If consent by the client has been filed and referenced in the motion to withdraw, a hearing is not required. You may submit a copy of the motion and consent with a proposed order in Word to slcmagistrate2@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 recommended order.
- Mediation: Pursuant to Administrative Order 2015-12, “any party who seeks to schedule a trial or hearing on any contested issue, other than contempt, enforcement, injunctions against domestic or repeat violence, or Title IV-D actions, which will take more than one (1) hour, shall first participate in mediation.” Administrative Order 2015-12, § VI(G) (emphasis added).Family mediation involves parties to a divorce, paternity, or similar family matters. Parties having combined income of up to $100,000.00 may utilize the 19th Judicial Circuit Mediation Program. The mediators assist parties in identifying issues, solutions, and alternatives, always keeping in mind the best interests of their children when children are involved. The mediator’s objective during the session is to help parties reach a mutually acceptable agreement on disputed issues: parenting arrangements, child support, property/debt division, and other issues. Please see our Mediation Program Tab on the Nineteenth Judicial Circuit website for further information.When submitting an order of referral to Family Mediation, your email must state the combined income for the parties and that both parties have current financial affidavits of record. Please use the form Order of Referral to Family Mediation.
- Case Dispositions: If at any time after the entry of an order setting trial, a case is dismissed, or results in a completed settlement, counsel must immediately notify the magistrate’s assistant by email at slcmagistrate2@circuit19.org. The case will not be removed from the court’s trial calendar unless a final order has been entered. If the final order has not been entered prior to the trial date and time, the matter will either proceed to trial or final hearing on the scheduled trial date and time (and attendance is required), or the court will reschedule the matter. Counsel must expeditiously file all paperwork necessary to close the case, as well as notify the magistrate’s assistant.
- Interpreting Services: If you are in need of translation services, it is your responsibility to bring a Florida Supreme Court certified interpreter to your court hearing. A list of certified interpreters can be found on the Find an Interpreter page of the Florida Courts website. https://www.flcourts.gov/Resources-Services/Court-Services/Court-Interpreting/Find-an-Interpreter
- Obtaining a Recording of Your Proceedings: All hearings before the Magistrate are recorded and a copy of the recording may be obtained on a CD from Court Recording. You may request a copy of the audio or a transcript using the online forms link located on the home page of the 19th Judicial Circuit Court website.
- 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 from sanctions, as permitted by law.
- Self-Represented Litigants: Self represented (pro se) litigants are required to comply with all relevant procedural rules substantive law as are attorneys, both in court and in their written submissions to the court. These include standards of professionalism and courtesy.
-
St. Lucie County: Family
-