Links to Judge Helms’ Case Management Contacts, Practices & Procedures

 

Civil Procedure

Motion Setting:  Motions of 30 minutes or less shall be set on the Judge’s Civil Open Motion Docket by contacting the Civil Case Manager, Marisa Parra, at marisa.parra@keyscourts.net.  The setting of a hearing requires the availability of all counsel.  If you are given several proposed dates for a hearing, you must email the Case Manager back within 48 hours to confirm the setting of the hearing or the dates will be released.  Courtesy copies of the motion and notice of hearing should be emailed to the Case Manager at least one week prior to the scheduled hearing.  Requests for those particular motions and any motions that require more than 30 minutes shall be set through the Judicial Assistant. No case managements shall be set by attorneys, but rather, by the court.

Transmission of Proposed Orders:  Proposed orders are to be submitted through the e-portal with a corresponding cover letter indicating if opposing party/counsel agrees or objects to the entry of the order.  All proposed orders will need to be submitted in Word Format and with the correct DJMCA codes. If the order is not submitted in Word Format, it will not be entered and may be rejected without notice.

If there is an objection to the proposed order, a hearing may be set.  If opposing counsel has been forwarded a copy of the proposed order, but has not responded within a reasonable timeframe, notify the Court in the cover letter and e file the proposed order. If the other party is pro se, a copy of the proposed order is to be sent simultaneously to the pro se party and the court. In such instances, please include in the cover letter that the pro se party must voice any objection in writing to the Court within five (5) days.  Please list any parties that you would like to be included on the distribution list.

Cancellation of Hearings:  DO NOT CANCEL A HEARING WITHOUT NOTIFICATION AND AGREEMENT OF ALL PARTIES. A Notice of Cancellation MUST be immediately e-filed with the Clerk of Court AND a courtesy copy of said Notice of Cancellation sent to the Judicial Assistant’s e-mail address at Raquel.galvan@keyscourts.net

Notice of Ready for Trial: A notice of ready for trial must be filed and a courtesy copy forwarded to Judge’s assistant.  

Trials:

Attorneys should be prepared to discuss provisions set forth in the pre-trial conference order, which will be provided at the pre-trial conference.  See standard Order Setting Trial attached.

Stipulation for Continuances:

Stipulations for continuances must be executed by the clients.

 

Family Procedure

Motion Setting / Requests for Hearing Time: All parties need to e-mail a copy of the motion to the Family Case Manager to obtain available dates and times for a hearing and must provide the following info:

• Case number & style of case,
• How much time you will need,
• What kind of a hearing/motion would you like to set.

(Our office will give you dates and times before the Judge or Magistrate on the calendar that fits the motion and time requested. Upon conferring with the opposing side(s) we will ask you to email our office to set the hearing. All motions must first be filed with the Clerk’s office prior to requesting a hearing.)

Zoom Appearances:  Zoom Appearances are allowed without prior authorization for hearings that are 30 minutes or less. Any hearing longer than 30 minutes will require prior approval and therefore a Motion and Order to Appear via Zoom must be sent via e-mail.

Emergency Motions:  (Please refer to Administrative Order 5.039)

A motion for emergency hearing time filed with the Clerk of Court must be copied to the Judge’s office and Case Manager to secure a hearing. The motion should be detailed and include the amount of time needed for the hearing.

Continuation of Case Management

Vanndaley Fowler, the Family Court Case Manager, must be contacted to address any continuances of Case Management Conferences.

Either Party may move the Court for entry of an Order continuing a case management conference to a later date by sending to the Case Manager a jointly-signed statement and Order ratifying the same that states: (1) Service of Process has been effectuated and an Answer or responsive pleading has been filed; (2) both parties have exchanged Financial Affidavits and have complied with mandatory disclosure requirements; (3) if there are minor children, that both parties have completed the parenting course and filed their Certificates of Completion; (4) that mediation has been completed or is scheduled and will not be cancelled except by Order of the Court; (5) the date and time of the new Case Management Conference that has been provided by the Case Manager and cleared by both parties, which conference shall be within 60 days of the originally scheduled date.

Continuation of the First Case Management

Petitioner may continue the first case management if service of process has not yet been effectuated.

Notice of Ready for Trial: A notice of ready for trial must be filed and a courtesy copy forwarded to Judge’s assistant and Family Case Manager. Final hearings for DOM and Supplemental Petitions require a notice of ready for trial, if a minimum of 3 hours hearing time is requested.

Stipulation for Continuances:

Stipulations for continuances must be executed by the clients

PRO SE’ (UNREPRESENTED) LITIGANT INFORMATION

Please Note: The Judicial Assistant CANNOT give the parties legal advice or discuss the facts of the case with the parties, nor is the Judicial Assistant permitted to convey information from the parties to the Judge. The opportunity for the parties to address the Judge occurs only in open court.

Forms: All Family Court Related forms are made available thru the Florida State Courts website. You can access the website at: www.flcourts.org, and then proceed to the Self Help section which offers the Family Law Forms. All the forms are up-to-date, in ready-to-use format, with detailed instructions and all amendments incorporated. The forms associated with Family Law are:

• ADOPTION / ALIMONY / CHILD CUSTODY / VISITATION / TIME-SHARING /
• CHILD SUPPORT / DISSOLUTION OF MARRIAGE-DIVORCE / GUARDIANSHIP /
• INJUNCTIONS: DOMESTIC-REPEAT-SEXUAL-DATING VIOLENCE
• NAME CHANGE / PARENTING PLANS / PATERNITY / STALKING

Assistance with Completion of Forms: Contact Vanndaley Fowler, Family Court Self Help Case Manager at: vanndaley.fowler@keyscourts.net and/or contact Legal Services of Dade/Monroe Inc. to see if you qualify for free legal advice through the bi-monthly Pro Bono Clinics offered at the Freeman Justice Center, 302 Fleming Street, Key West, Florida.

Filing:  All pleadings must be filed with the Clerk of Court first prior to submitting any documents to the Judicial Assistant or Case Manager for the Judge’s review.

Motion Setting:  All motions, once filed with the Clerk’s office, are to be set directly with Vanndaley Fowler, Family Court Self Help Case Manager by either calling 305-295-3643 or emailing a courtesy copy of the motion to Vanndaley Fowler at: vanndaley.fowler@keyscourts.net

Zoom Appearance:  Zoom appearances are allowed for any hearings scheduled for 30 minutes or less.

Simplified Dissolution of Marriage:  If you and your spouse do not have children and are not expecting children and are both able to appear at a final hearing, you can obtain a simplified dissolution of marriage. Complete the package that can be downloaded from the Florida Courts Website and reference the Family Law Forms section that will contain the forms you will need to submit to the Court.