Proposed Order Instructions for Judge Toby S. Monaco

  • All orders shall have a 2" x 3.5" blank space on the first page of the order in the upper right-hand corner. An example of an order with this space requirement can be found here.
  • Proposed orders should not be efiled with the Clerk.  When all parties can be e-served copies of orders, the proposed order and cover letter should be emailed to the judicial assistant.  If submitted as PDFs, the proposed order should be sent as a separate file.  If there are parties who have not consented to use e-mail service, the proposed order, together with a cover letter, copies for conforming and stamped addressed envelopes should be mailed or hand delivered to the judicial assistant who will provide copies by email to those parties that have consented and by U.S. Mail for those that have not.  Orders will not be entered until the motion has been docketed and imaged by the Clerk.
  • Judge Monaco does not require a written motion / order for telephonic appearance at case management, status conferences or non-evidentiary hearings.  Any party who wishes to appear telephonically must confirm approval to do so with his judicial assistant at least 10 days prior to the hearing, and must notify all other parties and offer to include them in a conference call to the Court.  If multiple parties will be appearing telephonically the party who first seeks telephone appearance must coordinate the conference call unless otherwise agreed.  If your office prepares a notice of hearing, it must include language noting who will appear telephonically and who will arrange the conference call, if applicable.
  • All proposed orders should include e-mail addresses at the bottom if copies are to be provided by e-mail service. 
  • Parties appearing by telephone must initiate the call to the Court at the time of the scheduled hearing.  If more than one party is appearing by telephone, the Court should be contacted last at the scheduled time after all parties are on the line.
  • Requests to appear by phone at case management conferences should only be made after the written compliance statement has been efiled as required by the Case Management Order.  The last page of the Case Management Order contains instructions for telephonic appearance.
  • Judge Monaco will only consider written motions for a witness to appear telephonically, and all parties must consent in writing, as per Florida Rule of Judicial Administration 2.530(d)(1).
  • A copy of any “Emergency” motion efiled with the Clerk of Court and served upon opposing counsel should be provided to the Judge’s office for review.  If the Court determines that a hearing should be granted, the judicial assistant will advise the moving party of an expedited date and time for the hearing.
  • The judge's scheduling calendars are not available online.  Hearing dates and times are provided by the JA, either by phone or by e-mail request.  When scheduling by email, the final email confirming a coordinated hearing date and time should include the case number, style of the case, the motion or motions being set, the attorneys and the amount of time being reserved.  Email communications to coordinate hearings should only be between the attorneys’ offices and should not include the judicial assistant.  Once a date has been agreed upon, an email should be sent to the judicial assistant confirming the date.  A courtesy copy of the notice of hearing should be emailed to the judicial assistant.