PROBATE DIVISION IZ:
EX-PARTE/ UNIFORM MOTION CALENDAR
- Ex-Parte/Uniform Motion Calendar will be held Tuesday, Wednesday & Thursday's at 8:45 to 9:30 a.m. except for scheduled suspension days which are listed on the website @ www.15thcircuit.com.
- All files for Ex-Parte only must be ordered from the Clerk of Court the day prior to the hearing before 2:00 p.m. You must order your file online @ www.15thcircuit.com.
- You must notice your matter for hearing 5 days prior to the hearing. Send the original Notice of Hearing to the Clerk of Court and a copy to the JA.
- FILES ARE REQUIRED for EVERY EX-PARTE HEARING. (Files are nor necessary for UMC) If your file is not with the Ex-Parte Clerk you will have one of two options:
I. Return on the next Ex-Parte day.
II. Leave your paperwork with the Clerk, together with your stamped self-addressed envelopes (if you need conformed copies) and your file will be processed together with motions filed through the mail.
- EXCEPTION: ONLY cases opened the day of appearance will be heard without the file.
- No files will be pulled the morning of Ex-Parte
- The following motions WILL NOT be heard on Ex-Parte/UMC:
1. Petition for Attorney Fees or Guardian Fees
2. Petition to Approve Minor's Settlement
3. Orders of Discharge
4. Appointment of Emergency Tempory Guardian
5. Small Estates
6. All Contested or Evidentiary Hearings
FAMILY DIVISION FZ:
Family Uniform Motion Calendar: is held Tuesdays, Wednesdays and Thursdays from 8:45 a.m. to 9:30 a.m. Hearings are not scheduled or cancelled with the Judge's office. Five business days notice must be given to opposing party or parties (unless they agree to do hearing on short notice). Ten minutes is alloted (5 minutes per side). When setting your motion for hearing be sure to notice all parties with proper notice and serve the Judge with a courtesy copy of the motion and notice of hearing. Also, be sure to check Judge Martz's suspension dates so that your hearing is not set on a day that Judge Martz does not have court. Suspension days are listed on the website at www.15thcircuit.com . Consel should bring to the hearing a proposed Order granting/denying the motion, suficient copies and sufficient self-addressed, stamped envelopes. The hearings are done on a first come, first serve basis. The Judge does not keep a calendar for UMC hearings, therefore, the judicial assistant cannot confirm if a hearing has "made the calendar."
Appearance by Telephone: If you wish to appear telephonically at a UMC hearing you may arrange your appearance with www.tele-court.com or by calling 1-800-924-5680 prior to the scheduled hearing. You must be registered prior to 8:00 a.m. the day of the hearing. Please be sure that the parties involved in your case are aware of your telephonic appearance. Telephonic hearings for Non umc matters must be approved by the Court by submitting a Motion and setting hearing unless agreed to by the parties whereby an agreed order may be submitted.
Short Motions that require Hearing: PRE-Judgment special set hearings can be set with the Judicial Assistant. These are motions that cannot be heard on the Uniform Motion Calendar because they require testimony and are more then 10 minutes but not more than 1 hour. Moving attorney shall contact the JA and the JA will give the moving attorney dates and times to coordinate with opposing counsel (unless the other side is Pro Se). Once a date and time have been agreed to by the parties, the moving attoney's office must speak to the JA to secure the date and time that has been agreed upon. Hearings will not be confirmed by voicemail. Once confirmed, send a copy of the notice of hearing with the attached motion and other pleadings to the opposing attorney or pro se litigant and a courtsey copy to the Court. Counsel should bring to the hearing a proposed order granting/denying the motion, sufficient copies and self-addressed, stamped envelopes.
Motions requiring more than 1 hour: Attorneys must forward to the Judge a cover letter requesting how much time will be needed and a copy of the motion/pleading to be heard. If the Judge grants the request, the JA will contact counsel to coordinate a time and date with other counsel and/or pro se litigant. If the Judge has any concerns about the length of time requested, the JA will contact moving counsel and have them set the matter down for a status conference on the UMC docket so the Judge can address the matter with all counsel of record and/or pro se litigant(s).
Temporary Relief Hearings: Are limited to 30 minutes and will not be set unless attorneys have COMPLETED MEDIATION prior to obtaining a hearing date for a Temporary Relief hearing. Once mediation has been completed and the parties have not been able to reach an agreement, the parties can contact the JA to obtain a hearing date and time and must coordinate with opposing attorney.
Emergency Hearings: Requests for emergency hearings are decided by the Judge. The movant must file a Motion for an Emergency hearing with the Clerk, the Judge will review the Motion and decide if an emergency hearing is warranted, as defined in Administrative Order 5.203. If the Judge deems the matter is an emergency, an order will be prepared advising the parties of a hearing date or time and the JA will notice the parties of the hearing date and time.
Trials: Moving party must file a Notice for Trial with their estimated time and self addressed stamped envelopes. The Court will set a case management conference with the attorneys for any case where 2 or more days are requested before the Court will give a trial date. If all matters have been taken care of, the Court will prepare an Order Setting Trial Procedure. All continuances for trial require a hearing on UMC prior to the trial, even if "agreed" to by counsel.
Adoption Hearings: TPR or Final Hearing requests must be put in writing to the Judge and are set by the JA once all requirements have been met. The letter and court file will be forwarded to a staff attorney for review. If additional information is required prior to setting the hearing you will receive a status order, otherwise, the JA will contact you with available hearing dates.
Motion for Rehearing or New Trial: must be submitted to the Judge. The Judge will prepare an order granting/denying the motion. If granted, the order will include a hearing date.
Modifications: These are ALL POST-JUDGMENT and the attorney must refer them to the Magistrate. If the attorney objects to the matter being scheduled before the Magistrate, it is up to the attorney to file a written Objection to Magistrate. After the Magistrate has reviewed the objection and enters an Order Sustaining the Objection and referring the matter back to the Judge, the parties may contact the JA to schedule the matter for a hearing before the Judge.
Contempt Hearings: PRE-JUDGMENT (on a temporary order) - JA will schedule the contempt hearing on the next available date. Counsel moving for hearing must coordinate time and date with opposing counsel. All Post-Judgment matters are heard by the Magistrate, unless an attorney files a written objection and an order is then entered referring the case back to the Judge. JA will schedule the matter for the next available hearing date and time. Blanket objections to hearings before magistrate are NOT permitted.
Motions to Compel Discovery: No hearing is necessary, attorneys must submit the motion and order for signature to the Judge.
Preparation of Judgments and Orders: some portion of text of the Order specific to the case must be included on signature page. PLEASE NOTE to include the page, case number and style of case in the upper left-hand corner for orders more than one page. The Order will be sent back to the moving attorney if the signature page of the order only inlcudes the Judge's signature line and is not in compliance with Administrative Order 5.013
