Judge Garcia's Information and Procedures

I.   JUDGE’S NAME and CHAMBERS INFORMATION:

     Honorable Luis M. Garcia

     Plantation Key Courthouse

     88820 Overseas Hwy., 2nd Floor

     Tavernier, FL  33070

     Phone #:      305-852-7165

     Facsimile #:  305-852-7113

II.  JUDICIAL ASSISTANT (JA) NAME & E-MAIL:

     Susan A. Johnson

     E-mail Address:  Susan.Johnson@KeysCourts.net

• If you wish to write the Judge or the JA about a case, you must copy all counsel in the same e-mail.
• Do not put “SERVICE OF COURT DOCUMENTS” in the subject line of any email to the Court.  Subject lines should contain the style of the case with the case number.

III.    TIME CALENDAR BEGINS EACH DAY:  9:00 a.m. and 1:30 p.m., unless indicated differently on an Order.  Jury selection commences at 8:30 a.m.

IV.    REQUESTING HEARING TIME BEFORE JUDGE GARCIA

We will not schedule any hearings on motions that have not been filed with the clerk of court.  All parties need to call our office to obtain available dates and times for a hearing.  Depending on the motion and the amount of time needed for the hearing we will offer two types of calendars,    

1. Telephonic Motion Calendar (Call Denise Moore at: 305-853-7383); and

2. Regular Motion Calendar (Call Susan Johnson at: 305-852-7165).

You will be asked the following questions, and need to have this information available:

• How much time will you need?

• What kind of a hearing/motion would you like to set? 

• Attorneys name and contact telephone number

Our office(s) will give you three dates and times before the Judge on the motion calendar that fits the motion and time requested.  Upon conferring with the opposing side(s) we will ask you to call our office to set the hearing. 

It is essential to note:  A hearing is not confirmed or scheduled until you call our office(s) and speak with either the Judicial Assistant or Case Manager.  No phone messages, No e-mails, No exceptions.

1.   TELEPHONIC MOTION CALENDAR – at least one party must appear telephonically and the hearing time cannot exceed 5-10 minutes.

Setting a hearing on Judge Garcia’s Telephonic Motion Calendar

      After conferring dates and times with the opposing side(s), the party setting the hearing needs to call Case Manager, Denise Moore at:  305-853-7383 to place this hearing on the Judge’s docket.  We will need the following information to set the hearing:

• Confirm 5 or10 minutes needed;

• Case Number;

• Style of the Case;

• The Motion that is coming forward before the court; and

•  The Attorney/Pro Se name who is bringing the motion forward with their phone number.

We will ask the party to file the Notice of Hearing and answer any questions they may have.  We will also request the party to file the Notice of Hearing that must contain the following information:

a.   Date, Time, Judge Luis M. Garcia, Location (Plantation Key Courthouse, 88820 Overseas Hwy, Tavernier, FL  33070), Room (TBD) and also;

b.   “ALL PARTIES MAY APPEAR TELEPHONICALLY VIA COURT CALL” 

      (Parties appearing telephonically must make their CourtCall Reservations no later than three (3) days prior to the hearing date by calling 1-888-882-6878.)

We will also mention any special requirements at that time.  The above-captioned bolded quote will only appear for the telephonic motion calendar.

2.   REGULAR MOTION CALENDAR – all parties will appear before the court and the hearing time is at least 15 minutes or longer.  (Not to exceed three (3) hours.)

Setting a hearing on Judge Garcia’s Regular Civil Motion Calendar

After conferring dates and times with the opposing side, the party setting the hearing needs to call the Judge’s Judicial Assistant to place this hearing on the Judge’s docket.

We will need the following information available to set the hearing:

• How much time the parties will need?

• Case Number

• Style of the Case

• The Motion that is coming forward before the court.

• The Attorney/Pro Se name who is bringing the motion forward with their phone number.

Our office will answer any questions you may have and also mention any special requirements at that time.  Any motions requiring more than three (3) hours must get approval from the Judge to place this on his motion calendar.

V.   CANCELLING A HEARING 

• You must call and physically speak with the Judicial Assistant to cancel a hearing that you have placed on either the telephonic or civil motion calendar.  Please, no exceptions!

• We will not acknowledge messages left on the answering machine, emails or cancelling a hearing, without a prior telephone call.

• This may not seem as efficient as some of you would like, but it is essential and most effective.

VI.   WRITTEN RESPONSES and/or REPLIES

• All written responses to motions and/or replies to motions must be filed with the Clerk of Court and a courtesy copy provided to the Judge’s office at least 48 hours prior to the scheduled hearing date.

• Failure to do so shall result in the said response or reply not being considered at the hearing.

   

VII.   SUBMITTING ORDERS FOR SIGNATURE FOLLOWING A HEARING

• Following a hearing, the Court will often ask the prevailing attorney to draft a proposed order.  When sending the order to the Judge, the cover letter or email should state when the hearing was before the Court, when the order was sent to the other parties and if all parties have approved the order.  Attorneys must confer prior to sending an order to the judge.  If not an agreed order, please note the points of disagreement or advise the Court that more than one order is being submitted.

• All proposed orders must have either an e-mail address or a fax number next to the recipient’s name.

• Should any of the parties require a mailed copy to be sent to them, a self-addressed stamped envelope shall be provided along with the order.

   

VIII.   STIPULATED MOTIONS with AGREED (proposed) ORDERS

Stipulated Motions with agreed orders, including a cover sheet detailing the request, may be e-mailed or faxed to our office as long as they do not exceed the 10-page printing limit.  (Please see requirements of proposed orders under IX.)

 IX.   PROPOSED ORDERS

• When sending a proposed order to the Judge, it should have a cover letter or in the email detailing the request, a copy of the motion, and the proposed order.  The cover letter or email needs to indicate when the order was sent to the other parties and if all parties have approved the order.  If not an agreed order, please note the points of disagreement or advise the Court that more than one order is being submitted.
  

• All proposed orders must have either an e-mail address or a fax number next to the recipient’s name.

• Should any of the parties require a mailed copy to be sent to them, a self-addressed stamped envelope shall be provided along with the order.

• Proposed orders may be e-mailed or faxed to our office as long as they do not exceed the 10-page printing limit as indicated in XIII.

   
  

X.   NOTICE OF READINESS FOR TRIAL

• Once you case is at issue and ready for trial, file your Notice of Readiness for Trial and fax a courtesy copy to our office.

• The Notice should include the following information:

  • Delineate whether requesting trial by court or by jury.

  • How much time (Days or hours)

  • Certificate of Service has current email addresses for all parties.
    

• After our office receives the facsimile, it will generate a 15 Day Notice.  This will notify all parties that the case is at issue and any objections will need to be file within 15 days.

• Barring any objections, the case will be set for trial.

   

XI.   MOTIONS IN LIMINE

• Motions in Limine must be filed and a courtesy copy sent to our office no later than the Wednesday before trial.  Failure to do so, absent a good cause, is sufficient basis for the Court to deny the Motion.

   

XII.   SETTLEMENTS

• Cases settled at mediation or otherwise that are set for hearing, pretrial conference or trial, must file a Notice of Settlement and fax a courtesy copy to our office. 

• Please note:  Filing a Notice of Settlement does not automatically take you off of a scheduled Case Management Conference, Pretrial or Trial Docket.  The Judge will make this decision on a case-by-case matter.

   

XIII.  10-PAGE PRINTING LIMIT

• Our office has a 10-page, combined, printing limit.  Should you want to email or fax a cover letter, motion and proposed order to our office this cannot exceed ten pages.  Should the combination exceed the ten-page limit, please send the documents via US Mail to our office.

   

XIV.  METHOD OF PROVIDING COURTESY COPIES

Courtesy copies may be provided by e-mail, facsimile or hand delivery.  Please keep in mind the 10-page printing limit. 

NOTE:  We do not require a copy of Notice of Hearings as long as the hearing is noticed at least five (5) days prior to the scheduled date.

XV.   EMERGENCY MOTIONS (Please refer to Administrative Order 5.039)

• All motions requesting emergency hearing time shall be filed with the Clerk of Court and then faxed or delivered directly to the Judge’s office, accompanied by a cover letter.  Please advise the Judicial Assistant, via email or phone accordingly.  The motion should be detailed, include the amount of hearing time needed and the nature of the emergency.  We will reach out to opposing counsel for a response.  The judge will review the motion and determine whether an expedited hearing is required.  All Emergency Hearings will be coordinated through the Judicial Assistant.

XVI.  MOTIONS FOR CLARIFICATION, REHEARING, RECONSIDERATION OR NEW TRIAL

• All Motions for Rehearing, Reconsideration or New Trial are to be submitted directly to the judge along with a cover letter.  The motion should be detailed.  We will reach out to opposing counsel for a response.  The judge will first review the motion and response to determine whether a hearing is required.

• Do not set these for hearing until the Judge has required a hearing.

   

XVII.  MOTIONS TO CONTINUE

• Motions to continue in all Civil, Family Law or Foreclosure matters must be filed with the Clerk of Court and e-mailed or faxed to our office, with a proposed order, at least 3 business days prior to the hearing date.

• When sending the Motion and order to the Judge, please indicate on the cover letter if all parties have approved the order.  Attorneys must confer prior to sending an order to the judge.  If not an agreed order, please note the points of disagreement or advise the Court that more than one order is being submitted.

• All proposed orders must have either an e-mail address or a fax number next to the recipient’s name.

• Should any of the parties require a mailed copy to be sent to them, you will need to send in self-addressed stamped envelopes along with the order

XVIII.   MISCELLANEOUS

• Family Law Forms may be found at:  www.flcourts.org

• Judge Garcia's Mortgage Foreclosure Requirements

Date of Issue:  January 17, 2017

Revised: 5/24/2018