Circuit-Wide Civil Division MG (Foreclosures)

Method of Communication:

All communications to the judicial office must be submitted by e-mail to foreclosures@circuit8.org. The subject line must contain the case number, case name, and relevant matter (e.g., 2024 DR 001234 SC – Doe v. Doe – 2-Hour Hearing Requested.) All parties must be copied on any e-mail directed to the judicial office, unless an ex parte communication is authorized by law. Please note that all correspondence is reviewed by the case manager and not the judicial officer.

Please attach a copy of any relevant pleadings when you email the Court to request a hearing or entry of a proposed order.

Ex Parte Communications:

The Magistrate is not allowed to discuss pending cases with the public. Please do not call or email the Court expecting to speak with the Magistrate about any case. The Court is only allowed to consider arguments made in court and documents filed by actual parties to the case.  Judicial officers cannot ethically read or consider any other opinions or arguments about the case, and they cannot give legal advice.

Copies of all e-mails and correspondence sent to Magistrate’s office must also be sent to all opposing counsel/parties in the case. Ex-parte e-mails or correspondence will be returned to the sending party without having been reviewed or may be filed with the court, as appropriate.

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:

Please allow 1-2 business days for a response to your emails. The foreclosure case manager can help with procedural matters only and cannot give any legal advice.

Court Schedule:

The Court’s schedule is based on the availability of the presiding Judge or General Magistrate. Generally, the Magistrate’s foreclosure dockets are scheduled monthly on Friday mornings, excluding holidays. The court will hear all pending motions that are ripe during the case management conference.  Matters heard on the case management docket are intended to be brief, generally 5 minutes or less. Please contact the case manager to special set any hearing that is anticipated to require additional time.

Scheduling Hearings:

Hearing requests should be made by email and the county name, full case number, style of the case, type of motion(s) being heard, the attorneys involved, and the amount of time requested.

Notice of Hearings:

A notice of hearing must be filed and served immediately after reserving hearing time, unless the hearing is a case management conference. 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.

Submission Deadlines:

The court must receive all materials for the hearing no later than five business days before the hearing.

Order of Proceedings:

The Court will do its best to conduct hearings as timely as possible. In general, cases where a party appears in person at the courthouse for a hybrid hearing will be called on first.

Continuance Procedure:

Continuances are not routinely granted and are evaluated on a case-by-case basis. All requests must be made with specificity and show good cause. Generic requests are routinely denied without a hearing. All requests must comply with Fla. R. Civ. P. 1.460. All Motions to Continue Trial shall be filed with a client consent form signed by the client. A hearing will not be set on any Motion to Continue Trial if the Client Consent form has not been filed with the Clerk of Court.

If you are seeking to continue or cancel a non-jury trial or foreclosure sale due to loss mitigation, you must include the following information in your motion:

• The specific status of the loss mitigation (active, in review, etc.) and the timeframe within which the process is expected to be completed. Generic requests are routinely denied without a hearing.
• The occupancy status of the property (verified within the last 60 days).
• Efforts to confer with other parties and their position on your motion.

Cancelling Hearings:

To cancel a hearing, you must immediately send a request to the Magistrate’s office for approval. If approved, you must also immediately file and serve a notice of cancellation on opposing counsel and any self-represented litigant. A party may not unilaterally cancel a hearing through filing a notice of cancelation.

Remote Appearance Procedure:

Remote appearances are typically only utilized for routine case management conferences or non-evidentiary hearings that are 15 minutes or less or uncontested. Matters that are highly contested will require multiple witnesses, and the presentation of evidence are generally required to occur in person.  If your event is occurring via Zoom only you should not appear at the courthouse.

Platform Used:

The court uses Zoom for remote appearances.

Platform Meeting ID#:

Please refer to the notice of hearing for the meeting ID# and password.

Requirements:

If your event is occurring in person, you must file a Motion not less than 10 days prior to your court event requesting a remote appearance. Your motion must 1) set forth good cause for the remote appearance, 2) indicate your efforts to review the motion with any opposing party and their position on your request, and 3) indicate steps taken to ensure there is no prejudice to any party by the remote appearance.  Please email a copy of your motion to the case manager at foreclosures@circuit8.org. Motions that do not contain this will not be considered. Travel time and costs alone are typically not considered good cause. Please note, that if the court grants your motion, ALL parties will be allowed to appear by zoom and it is the responsibility of the party who requested the hearing to provide the zoom information to all parties.

Technology Needs:

As the court is hosting the hearing, there is no cost to any participant. You will need a computer with a web cam and microphone (preferred) or a tablet or smartphone with Internet access the Zoom application. You can download the application and register for a free account at www.zoom.us.

Other Remote Appearance Procedures:

Video appearance is strongly preferred and will be required for any party who is seeking to testify or submit evidence. Please refer to our zoom guidelines at: www.circuit8.org/zoom-guidelines/

Format:

All proposed orders should be submitted in Word format.

Submission Method:

All proposed orders should be submitted by email to foreclosures@circuit8.org or through the e-portal. All motions, along with supporting documentation, should be e-filed or, for pro se parties, delivered to the Clerk’s office.

Except for emergency pleadings, please do not provide the Court with a hard copy of the motion or any supporting documentation, this should all be filed with the Clerk.  The Court will review the case filing system and review any supporting documentation electronically.

Deadline for Submissions:

Please do not submit your proposed order until all applicable time and notice periods have run. If your motion is set for hearing, then submit your proposed order no more than one week prior to the hearing date. All orders shall include a certificate of service at the bottom of the order indicating the name of the party who is to receive the order, as well as that party’s e-service address OR mailing address, if a hard copy is required.

Final Hearings/Non-Jury Trials:

Proposed Final Judgments shall be sent via email in Word format using the directions above. You should submit your proposed final judgment not less than three business days before your hearing. Please do not attach copies of your motion or any supporting documentation. We will review the case filing system.

Please bring paper courtesy copies of the Proposed Final Judgment (that was previously emailed) to your final hearing to provide to the court and any opposing parties. (This does not apply to remote hearings)

If a matter is set for a Non-Jury Trial, a party may elect to proceed via a Motion for Summary. All documents have been timely submitted and all parties noticed prior to the hearing. However, you must be prepared to move forward with trial if the Motion for Summary Judgment is denied.

If a party elects to proceed through a Certification of Business Records, a Notice of Intent and complete copies of the records must be filed and timely provided to all parties.

Original Documents:

Plaintiff IS REQUIRED to file original note with the Clerk of Court no less than ten (10) days prior to the scheduled Non-Jury Trial. Any party wishing to inspect the note may do so by contacting the Clerk’s office to make arrangements to do so no less than three (3) days prior to trial and inform all parties.

Original documents should be filed directly with the clerk of the court in the county where the action is filed. Please do not send any original documents to the Judge or Magistrate unless specifically requested to do so.

Foreclosure Sales and Issuance of Documents Post Sale:

Certificates of Sale, Certificates of Disbursement, Certificates of Title, and Notices of Sale shall be forwarded separately to the Clerk of Court in accordance with the Clerk’s procedures. Please do not send these documents to the Foreclosure Case Manager.

The plaintiff is responsible for sending a copy of the Notice of Sale to the appropriate newspaper for publication. The Clerk will generate the Certificate of Sale, Certificate of Title, and Certificate of Disbursements after the sale is held.

All Motions to cancel or reschedule a foreclosure sale shall be electronically filed at least five (5) days prior to the scheduled sale date. Good cause must be shown for the granting of the Motion and all supporting documentation must be attached to the Motion. Generic motions are routinely denied without a hearing.

A copy of any “Emergency” Motion to cancel/reschedule a foreclosure sale that has been e-filed with the Clerk of Court and served upon opposing counsel should also be provided to foreclosures@circuit8.org. If the Court determines that a hearing is necessary, the Foreclosure Manager will advise the moving party of an expedited date and time for the hearing

When Required:

Courtesy copies of case law or other supporting documents must be submitted electronically to the Court for any evidentiary proceeding.

Format:

Courtesy copies must be submitted in PDF format or as a Word document.

Submission Method:

Courtesy copies should be submitted by email to foreclosures@circuit8.org.

Deadline for Submissions:

Courtesy copies must be delivered to the court no later than two days before any evidentiary proceeding.

Requirements:

If you believe the matter you have submitted for review is eligible for emergency relief or must be reviewed on an expedited basis, please state that it is an “Emergency” in the subject line of your email and include a courtesy copy of your motion and all attachments.

Scheduling:

If the court determines that an emergency exists, a hearing may be scheduled unilaterally by the court. All parties shall make themselves available for the emergency hearing, barring exigent circumstances.

Motions to Cancel Sales:

To ensure timely review, motions to cancel or reschedule a foreclosure sale shall be electronically filed at least five (5) days prior to the scheduled sale date.  Good cause must be shown for the granting of the Motion and all supporting documentation must be attached to the Motion.

If you are seeking to cancel a sale due to a federal moratorium, you must include the following information in your motion:

• Which moratorium applies to this specific property.
• The current expiration of the moratorium.
• The occupancy status of the property (verified within the last 60 days).
• Efforts to confer with other parties and their position on your motion.

A copy of any “Emergency” Motion to cancel/reschedule a foreclosure sale that has been e-filed with the Clerk of Court and served upon opposing counsel should also be provided to foreclosures@circuit8.org.  If the Court determines that a hearing is necessary, the Foreclosure Manager will advise the moving party of an expedited date and time for the hearing. Please note that failure to timely file a motion does not constitute an emergency.

Submission Method and Format:

• For remote hearings, exhibits must be pre-marked and submitted not less than 5 days in advance of a hearing via the E-Filing portal with copies provided to all parties.
• For in-person hearings, Exhibits must be submitted to the court in paper format, preferably pre-marked for identification with copies provided to all parties. All attorneys and self-represented litigants must bring sufficient copies of each exhibit for the court, and each party to review during the hearing or trial.
• The court is unable to review documents on a computer, phone, or tablet and cannot accept flash drives or discs.

Deadline for Submissions:

For remote hearings, exhibits must be submitted not less than 5 days in advance via the E-Filing portal. Please refer to your pre-trial order for additional requirements.

Case Management Conferences:

• Any party may request a case management conference (CMC) when a case requires. The court strongly encourages the early use of CMC in more complex cases, multiple-party litigation, or any case that might benefit from court intervention. Unless excused by the court in advance, all CMCs are mandatory for attorneys and self-represented litigants. Parties represented by counsel are not required to appear at a CMC.

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.

Scheduling:

If the court agrees that a CMC or status conference is required, the foreclosure case manager will facilitate scheduling.

Notice of Appearance and Coverage Counsel:

Pursuant to Eighth Judicial circuit Administrative Order No. 1.30, with the permission of the client, an attorney may arrange for another attorney to appear at a proceeding to represent a party. Such “coverage” attorneys must file a notice of appearance as co-counsel before the court will recognize the attorney as representing that party. All notices must be filed in compliance with Fla. R. Jud. Admin. 2.505(e). A notice of appearance must be filed prior to the start of the proceedings and counsel must be familiar with the case and fully prepared to address all issues pending before the court.

Failure to timely file a proper Notice of Appearance is the same as a non-appearance and may result in the striking of pleadings, dismissal of claims, or the imposition of other permissible sanctions deemed proper, and shall constitute a waiver of Exceptions to the Magistrate’s Report and Recommendation pursuant to Fla. R. Civ. P. 1.490(h).

See our Foreclosure Sales page for Procedure information.

ADA Accommodations:

Under the Americans with Disabilities Act, if you are a person with a disability who needs any accommodation in order to participate in a proceeding, you are entitled to be provided with certain assistance at no cost to you. Please contact the ADA Coordinator, Alachua County Family and Civil Justice Center, 201 East University Avenue, Gainesville, FL 32601 (352-337-6237) at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days. If you are hearing or voice-impaired, call 1-800-955-8770 via Florida Relay Service.

Interpreter Requests:

If you are deaf or hard of hearing and require an ASL interpreter or an assisted listening device to participate in a proceeding, please contact Court Interpreting at interpreter@circuit8.org

Exceptions:

GENERAL MAGISTRATE – EXCEPTIONS: ALL PROCEEDINGS BEFORE THE MAGISTRATE WILL BE RECORDED ELECTRONICALLY. AN ELECTRONIC COPY OF THE PROCEEDINGS MAY BE REQUESTED IN WRITING FROM COURT REPORTING.

Request an electronic copy by emailing Karen Wable at WableK@circuit8.org;

Or by mailing your request to: Court Reporting, Alachua County Family and Civil Justice Center, 201 East University Avenue, ROOM 411, Gainesville, Florida 32601.

ALL COSTS FOR ANY ELECTRONIC COPIES WILL BE PAID BY THE REQUESTING PARTY. 

AFTER OBTAINING AN ELECTRONIC COPY, IT IS THE RESPONSIBILITY OF THE PERSON FILING EXCEPTIONS AND SEEKING REVIEW OF THE MAGISTRATE’S REPORT AND RECOMMENDATION TO HAVE A WRITTEN TRANSCRIPT PREPARED BY A CERTIFIED COURT REPORTER FOR DELIVERY TO THE COURT. THE REQUESTING PARTY MUST PAY THE EXPENSE OF THE TRANSCRIPTION.