PROBATE/GUARDIANSHIP EX-PARTE hearings are held on Tuesdays in Courtroom #3 and Thursdays in Courtroom #3 at 8:30 a.m. BEGINNING JUNE 1, 2011 - FAMILY UNIFORM MOTION CALENDAR will be held on Tuesdays in Courtroom #3 and Wednesdays in Courtroom #3 UMC for all Family Divisions will NO longer be held on Mondays, beginning June 1, 2011 To set a telephonic appearance for a hearing that is presently set, please go to tele-court.com and/or call 1-800-924-5680 and follow the instructions. HEARINGS: UNIFORM MOTION CALENDAR FOR FAMILY DIVISION FH: Tuesday and Wednesday in Courtroom #3 @ 8:30 a.m. All uncontested final hearings, etc.. Attorney can set 10 minute hearings that DO NOT require testimony. Attorney must first file the original Motion and Notice of Hearing at least 4 working days in advance (fax and/or e-mail is not acceptable) to the Clerk of Court, Family Division, and a copy must be sent to opposing counsel and Judge Phillips' Judicial Assistant. Be advised that the Judicial Assistant has no control of setting or resetting any uniform motion calendar hearing. The attorney setting the hearing should ALWAYS clear the date chosen with opposing counsel and immediately notify opposing counsel and/or the pro se party if the hearing is cancelled and/or reset.
TEMPORARY RELIEF HEARING: Before the Judicial Assistant can give a hearing date and time to the attorneys, Mediation MUST HAVE BEEN COMPLETED. After mediation has been completed, the moving attorney can call Judge Phillips' chambers and the Judicial Assistant will give him/her the next available hearing date.
CONTEMPT HEARING: PRE-JUDGMENT (on a temporary order), the Judicial Assistant will give a contempt hearing date and time on the Court's next available date. MOTIONS THAT REQUIRE A 30 MINUTE HEARING: PRE-JUDGMENT are special set hearings by the Judicial Assistant. These are Motions that cannot be heard on the Uniform Motion Calendar because they require testimony and are more than 10 minutes. The moving attorney shall call the Judicial Assistant, who will provide 3 available dates and times. The moving attorney shall then coordinate a mutually agreeable date and tiem with opposing counsel. The moving attorney MUST call the Judicial Assistant back in order to secure the hearing date and time that the attorneys have agreed upon. Administrative Order 5.005 ADOPTION HEARINGS: TPR or Final Hearings are set by the Judicial Assistant. Please make sure the attorney has received his/her Status Letter/Order from the Law Clerk and make sure that everything in the Law Clerk's Status Letter/Order has been complied with. If everything has been complied with, the Judicial Assistant can then specially set the TPR or Final Hearing. If the attorney says that they have not received a Status Letter/Order from the Law Clerk, the Judicial Assistant must obtain the case number, will pull the file, and will forward to the Law Clerk for review and preparation of a Status Letter/Order. The Judicial Assistant will not set a TPR or Final Hearing until the Status Letter/Order has been done, and complied with. TRIALS: The moving party must file a Notice for Trial with their estimated time of trial and self-addressed stamped envelopes for all parties. The Judicial Assistant will then schedule a case management conference for assignement of a trial date. If self-addressed stamped envelopes are not provided, the Judicial Assistant WILL NOT schedule a case management conference.
MODIFICATIONS: These are ALL POST-JUDGMENT, and must be referred to the Magistrate. If there is an objection to the Magistrate, the attorney must file a written Objection to Magistrate, and after the Magistrate does an Order Sustaining the Objection, the matter will be referred back to the Judge.
MAGISTRATES: Matters referred to the Magistrates are done by the male's last name. If the male's last name begins with A - E, the case is referred to Magistrate Peter Bassaline. If the male's last name begins with F - Z, the case is referred to Magistrate Thomas Baker. A - E Magistrate Peter Bassaline F - Z Magistrate Thomas Baker CONTEMPT & ENFORCEMENT: POST-JUDGMENT are referred to the Magistrates to be handled as described above. EMERGENCY HEARINGS: File your emergency Motion with the Clerk of Court, Family Division. The Clerk's Office will then forward to Judge Phillips for his immediate review and directive and to determine whether an emergency hearing should be scheduled.
MOTIONS TO COMPEL DISCOVERY: No hearing is necessary. The moving attorney must submit the Motion and Order for signature by the Judge, and provide self-addressed stamped envelopes for all parties.
PREPARATION OF JUDGMENT AND ORDERS: Some portion of the text of the Judgment or Order specific to the case MUST be included on Judge Phillips' signature page. PLEASE include the style of the case, the case number and the page number in the upper left-hand corner for Judgments and Orders more than one page. The Judgment or Order WILL be sent back to the moving attorney if the signature page of the Judgment or Order only inlcudes the Judge's signature line and is not in compliance with Administrative Order 5.013  |
