Judge Bonnie J. Helms

Judge Bonnie J. Helms – Divisional Instructions

Judicial Assistant: Raquel Galvan

Table of Contents

Section A – Communications with the Judicial Office
Section B – Scheduling Procedures
Section C – Remote Appearance
Section D – Submission of Orders and Judgments
Section E – Courtesy Copies of Case Law and Other Documents
Section F – Emergency and Other Urgent Matters
Section G – Exhibits for Evidentiary Proceedings
Section H – Pretrial Procedures and Conferences
Section I – Setting Case for Trial
Section J – Forms
Section K – Other Division Procedures

A.  Communications with the Judicial Office

Method of Communication:

The Code of Judicial Conduct forbids judges from permitting or considering ex parte communications outside the presence of the parties on matters concerning pending or impending judicial proceedings. See Fla. Code Jud. Conduct, Canon 3.

*ALL COMMUNICATIONS TO THE COURT SHALL BE COPIED TO ALL COUNSEL/PARTIES OF RECORD*

The judicial assistant is not authorized to provide legal advice.  Accordingly, do not contact the Court expecting to speak to the judge about any case. You may, however, contact the judicial assistant via e-mail concerning purely procedural or scheduling matters. Any communication with the Court must be in writing and opposing side/counsel must be copied.

All communications to the judicial office must be submitted by email to amy.clay@keyscourts.net, the dedicated division e-mail account. The subject line of any e-mail to the judicial office must contain the case number, case name, and relevant matter (e.g., 24 DR 1234 K – Doe v. Doe – 1 hour Hearing Requested on Respondent’s Motion for Contempt).

All attorneys and self-represented litigants must provide an e-mail address to receive signed orders electronically, unless excused. Fla. R. Gen. Prac. & Jud. Admin. 2.516. It is the responsibility of attorneys and self-represented litigants to update their contact information using Form 2.603 any time there is a change in the e- mail account registered for electronic service.

Self-represented litigants and attorneys excused from e-mail service may communicate with the judicial office by telephone call to 305-852-7155. The judicial office does not accept text messages.

Any e-mail sent to or from the judicial office may be a public record subject to disclosure.

B.   Scheduling Procedures

Scheduling Hearings: 

Persons who want the Court to take any action on their case must first file the appropriate motion with the Clerk of Courts. (Contact information for the Clerk of Court is 500 Whitehead Street, Key West, Florida 33040 or https://monroe-clerk.com.)

Hearings must be requested by e-mail: amy.clay@keyscourts.net

The subject line of any e-mail to the judicial office must contain the case number, case name, and relevant matter (e.g., 24 DR 001234 K – Doe v. Doe – 15 Minute Hearing Requested on Motion for Continuance.

The hearing request (and notice of hearing) must include:

1. 1. 1. 1. Date, location and time being requested for the hearing;
         2. Case number;
         3. Style of the case;
         4. Names of the attorneys (or self-represented litigants when applicable);
         5. Title of the motion(s) to be heard and the date the motion was filed;
         6. Amount of time requested for the hearing;
         7. Date and manner of the required meet and confer.

Parties must coordinate hearing dates amongst themselves.  If a party cannot obtain dates from opposing parties or self-represented litigants, they may unilaterally schedule a hearing with the Judicial Assistant, provided they made three (3) attempts to secure dates, one of which included a phone call.

Notice of Hearing: 

A notice of hearing must be filed and served immediately after reserving hearing time.

A notice of hearing involving any remote appearance must list the judge’s zoom credentials.

All notices of hearing must contain the Americans with Disabilities Act (ADA) notification required by Florida Rule of General Practice and Judicial Administration 2.540.

Submission Deadlines:

The court must receive all materials for the hearing no later than Five (5) business days before the hearing.

Continuance Procedure:

Motions for continuance are disfavored and will be granted only upon good cause shown. Successive continuances are highly disfavored. Lack of due diligence is not grounds for granting a continuance. Except for good cause shown, the motion must be signed by the party requesting the continuance, as required by Florida Rule of General Practice and Judicial Administration 2.545(e).

Motions for trial continuance must be submitted at least five (5) days prior to the scheduled court date for which the continuance is sought and shall be set on the Court’s docket prior the calendar call.

Motions for continuance must state with specificity: (1) the basis of the need for the continuance, including when the basis became known to the movant; (2) whether the motion is opposed; (3) the action and specific dates for the action that will enable the movant to be ready, including, but not limited to, confirming the specific date any required participants are available; and (4) the proposed date by which the case will be ready to proceed and whether that date is agreed by all parties.

Cancelling Hearings:

You must cancel hearings by notifying the judicial assistant immediately via e-mail. You must also immediately file and serve a “Notice of Cancellation” on opposing counsel and any self-represented litigant.

C.   Remote Appearance

Remote Appearance Procedure:

The court generally maintains a hybrid virtual courtroom, allowing parties to appear either in person or remotely, as provided by Florida Rule of General Practice and Judicial Administration 2.530, subject to the specific divisional instructions below.

Platform Used: 

The court uses zoom for remote appearances.

Platform Meeting ID#: 

997-8001-9533  (NO PASSCODE IS REQUIRED)

Requirements:

Requests for remote appearance must be submitted five (5) days prior to the hearing.

Any person appearing remotely must join 10 minutes prior to the scheduled hearing.

Any person appearing remotely must be in a private location that is quiet and free from distractions. Under no circumstances will a participant be permitted to appear remotely from a moving vehicle.

Any person appearing remotely must dress and behave professionally in the same manner as if physically present in the courtroom.

Any person appearing remotely must enable the person’s camera when joining the proceeding and keep the camera turned on until instructed otherwise by the court.

Any person appearing remotely must mute the person’s microphone when joining the proceeding and keep the microphone turned off until instructed otherwise by the court.

Any person appearing remotely must have their full written name appear on zoom.  “Iphone”, “ipad” or no name will cause a party to be removed from the zoom proceeding.

If a witness appears remotely, the party calling the witness must ensure the witness has a functioning camera and microphone and has tested the internet connection before the hearing. The oath will be administered in accordance with Florida Rule of General Practice and Judicial Administration 2.530.

D.   Submission of Orders and Judgments

Format: 

All proposed orders must be submitted in Word format and provided to opposing counsel and any self-represented litigant.

All proposed orders must be accompanied by a cover letter either:

1. 1. 1. certifying that all parties agree to the order OR
      2. containing a statement identifying any disagreement of the parties as to the proposed order.

Submission Method:

All proposed orders must be submitted to the court by the proposed order portion of the Florida Courts E-Filing Portal

Deadline for Submissions: 

Proposed orders must be submitted no later than two (2) days after any hearing unless otherwise instructed.

E.   Courtesy Copies of Case Law & Other Documents

When Required:

Courtesy copies of Case Law and Exhibits for Trial and Evidentiary Hearings the party wishes the court to consider must be submitted to the court for any hearing or trial.

Courtesy copies must be submitted in PDF/a format.

• Submission Method:

Courtesy copies must be submitted to the Court by e-mail to the Judicial Assistant.

Deadline for Submission:

Courtesy copies must be submitted to the court no later than Five (5) days before any hearing or trial.

F.    Emergency and Other Urgent Matters

Requirements: 

If a party believes there is a factual basis for setting an emergency hearing, a detailed motion setting forth the following must be filed: (1) the issues to be resolved, (2) reasons why an emergency hearing is necessary, and (3) the amount of time needed for each party’s presentation.

Scheduling:

If the court determines that an emergency exists, a hearing will be scheduled unilaterally by the Court.  All parties shall make themselves available for the emergency hearing, barring exigent circumstances.

G.  Exhibits for Evidentiary Proceedings

Submission Methods:

Unless otherwise instructed, Copies of exhibits and exhibit lists shall be forwarded to the Judicial Assistant via e-mail at least five (5) business days prior to the scheduled hearing. Please note, the Clerk of Court requires hard copies of exhibits, marked with letters for identification, which shall be submitted at least five(5) days prior to the scheduled hearings. Numbered exhibits will not be accepted. Numbered exhibits will ONLY be accepted if they are stipulated to.

Format:

Exhibits must be labeled in the following format:

All attorneys and self-represented litigants must bring sufficient copies of each exhibit for the clerk, the court, and each party to during the hearing or trial.

H.  Pretrial Procedures and Conferences

Case Management Conference (CMC):

Unless excused by the court in advance, all CMCs are mandatory for attorneys and self-represented litigants.

I.  Setting Case for Trial

Procedure:

Unless a trial order has been filed already, please file a notice for trial to set the case for trial and email the Judicial Assistant for trial dates..

J.   Forms

Access: 

Most standard Florida forms are available at flcourts.org.

K.   Other Division Procedures

ADA Accommodations:

If you need an ADA accommodation, please contact Cheryl Alfonso, Court Operations Manager, at Cheryl.Alfonso@keyscourts.net.

Interpreter Requests:

If an interpreter is needed for a hearing or trial, please contact Maria Maynard at Maria.Maynard@keyscourts.net or Isis Majeska at Isis.Majeska@keyscourts.net.

Dismissal of Action:

Cases that have been settled that are scheduled for a hearing and/or trial, must file a Notice of Settlement with the Clerk of Court and email a copy to the Judicial Assistant. A Notice of Settlement does not automatically cancel hearings previously scheduled, nor does it close the case.  A Notice of Voluntary Dismissal or a Stipulated Order to Dismiss shall be filed within 15 days of the Notice of Settlement, or this case may be set for a status hearing.

Meet and Confer Requirements:

Attorneys and self-represented parties are expected to read and comply with all applicable rules and procedures. Florida Rule of Civil Procedure. 1.202 requires a “Meet and Confer” on all non-dispositive motions PRIOR to the motion being filed. A Certificate of Conferral is to be attached to the motion. At least one of the attempts to confer, MUST be made by telephone call.