JUDGE TIMOTHY P. McCARTHY
Courtroom 9B
Judicial Assistant: Judy Broderick (561) 355-2147
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Uniform Motion Calendar is Monday through Thursday at 8:45 a.m. Ten minutes per case is allotted (five minutes per side). The Court permits one (1) motion per side for each Uniform Motion Calendar hearing. If the Court has time, the Court may allow additional motions to be heard. A copy of the notice of hearing and a copy of the motion to be heard should be sent to the judge's office prior to the day of the Uniform Motion Calendar hearing. Bring motion, notice of hearing and proposed order with sufficient copies and stamped / addressed envelopes to the hearing. The moving party should sign up for 8:45 a.m. hearings no later than 8:15 a.m. Uniform Motion Calendar hearings are not scheduled, canceled nor confirmed with the judge’s office. Motions for summary judgment may be heard at a Uniform Motion Calendar hearing if the motion is uncontested and not a foreclosure case, otherwise, the motion for summary judgment needs a special set hearing.
Appearance by telephone, of a very limited number of calls (we have only one line), is permitted at UMC and specially set hearings as long as the moving party appears in court. The moving party must appear in court and have the appropriate pleadings, legal authority and proposed orders with stamped / addressed envelopes for all parties. It is the responsibility of counsel appearing by phone to contact the judge's office to obtain permission of the Court and to obtain instructions as to what the Court requires to appear telephonically. Calls to the Court to appear by telephone must be placed on time.
Specially set hearings of one (1) hour or less are set by Court order only and cannot be canceled unless the motion has been disposed of or by order of court. In order to re-set or continue a specially set hearing, a motion needs to be filed and set for hearing on the Court's Uniform Motion Calendar. The Court's office needs to be contacted to obtain available dates and times for specially set hearing time. The Court’s judicial assistant must be spoken with to confirm the date and time for the hearing - - leaving a message on the Court’s voice mail will not set the hearing. The party setting the hearing is responsible for submitting an Order Specially Setting Hearing to the Court within five (5) business days of setting the hearing with the Court’s assistant. If no proposed scheduling order is received within five (5) business days, the date and time will be given to someone else. The hearings will begin at the time specified in the order setting the hearing. The Court will not wait. “Traffic” is NOT an excuse for running late. Hearings requiring more than one (1) hour are set on the next available non-jury trial docket. The request for a hearing of more than one (1) hour should be in writing to the judge and should include a copy of the motion to be heard and stamped / addressed envelopes for all parties.
LIMITED APPEARANCES ~ Division "AE" adopts by reference Rule 12.040(a)(b)(c)(1) as amended herein.
Any Florida Bar Member who wishes to make a limited appearance may do so as follows:
An attorney of record for a party shall be the attorney of record throughout the proceeding. However, an attorney may file a written notice of limited apearance five (5) days before any hearing at which the attorney is to appear and submit a courtesy copy to the Judge's chanbers five (5) days before the hearing.
The notice will be signed by the client party specifically limiting the attorney's appearance only to the particular proceeding or matter in which the attorney appears and specifically indicating the date and time of the hearing and the specific matter being heard at the hearing. The notice of limited appearance shall include the name, address, telephone number, and Bar number of the attorney and the name, address, and telephone number of the party. The attorney of record may not sign on behalf of client.
If an attorney appears of record for a particular limited proceeding or matter, that attorney shall be deemed "of record" for only that particular proceeding or matter unless otherwise ordered by the Court.
At the conclusion of such proceeding or matter, the attorney's role terminates without the necessity of leave of court upon the attorney filing a notice of completion of the limited appearance. The notice shall be entitled "Termination of Limited Appearance" and shall include the names and last known addresses of the person represented by the withdrawing attorney.
Any attorney appearing on behalf of a party must either be counsel of record or must have filed a limited appearance in compliance with this Rule, otherwise, the attorney may not appear.
Memoranda of law and legal authority must be physically received in the judge’s office no fewer than five (5) business days prior to the hearing and should indicate the date and time of the hearing. Do not prepare or submit memos for motion calendar hearings. If you think a memo is necessary, the hearing should be specially set.
Emergency motions and motions for rehearing may not be set for hearing. In accordance with Administrative Order 3.206-1/09, the original motion should be filed and a copy should be submitted to the judge for consideration.
Original Notices To Set Cause For Trial should be filed with the Clerk. A copy of the notice, with stamped / addressed envelopes for the parties, should be sent to the judge’s office. It is helpful to have the telephone numbers of all counsel included in the notice to set cause for trial.
