Judge Sharon I. Hamilton

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:

Judicial E-mail:

• • All communications to the judicial office must be submitted by e-mail to Tracey.Reilly@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., 2024 DR 001234 SC – Doe v. Doe – 2- Hour Hearing Requested).

Telephone:

• • All communications to the judicial office must be submitted by telephone call to (305)-852-7155. The judicial office does not accept text
  • 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.

Ex parte Communications:

• • All communications with the judicial office must comply with Canon 3 of the Code of Judicial Conduct, which prohibits a judge form initiating, permitting, or considering ex parte communications and from considering other communications outside the presence of the parties concerning a pending or impending proceeding unless authorized b law. All parties must be copied on any e-mail directed to the judicial office, unless an ex parte communication is authorize by law.

 Unsolicited Communications:

• • Parties may only contact the judicial office in accordance with these procedures and instructions. Unsolicited communications from non-parties will not be considered by the court.

E-Filing Portal Contact Information:

• • All attorneys and self-represented litigants must make and receive service by e-mail, which is generally through the Florida Courts E­ Filing Portal, unless excused. Fla. R. Gen. Prac. & Jud. Admin. 2.516.

Scheduling Hearings

• • All hearings must be requested by contacting the Judicial Assistant at Tracey.Reilly@keyscourts.net
  • Parties wishing to have a motion heard by the Court must file it with the Clerk of Court and then schedule it for hearing. (Contact information for the Clerk of Court is 88770 Overseas Highway, Tavernier, FL 33070 or https://monroe-clerk.com.) Please keep in mind these are separate steps involving different parties that must be taken in that order: the moving party must (1) file the motion with the clerk and (2) ask the Court to schedule the motion for hearing. It is the responsibility of the moving party to take both of these steps.
  • The Court schedules its own motions. Accordingly, once a motion has been filed with the clerk, the moving party must contact the Court to arrange for the motion to be set for hearing. Parties wishing to set a motion for hearing should make the request by e-mail with the Court’s judicial assistant, Tracey Reilly, at Tracey.Reilly@keyscourts.net parties to the case must be copied on the e-mail. Include the case name and case number in the subject line. Please state the kind of motion you wish to set, and the approximate amount of time you anticipate the motion will require. If you seek to appear remotely by telephone or video telephony (i.e., Zoom), you must indicate whether the other parties to the case consent to your remote appearance. Advance permission from the Court is required for remote appearances.
  • Once the judicial assistant has provided potential dates, coordinate with the other parties to select a mutually agreeable time for the hearing. Please do not copy the judicial assistant on communications solely between counsel. After the parties agree on a date, the judicial assistant will acknowledge by e-mail that the motion has been set for hearing and copy all parties. The moving party should thereafter file a notice of hearing with the clerk.

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 Link, Meeting ID and Passcode.
  • All notices of hearing must contain the Americans with Disabilities Act (ADA) notification required by Florida Rule of General Practice and Judicial Administrations 2.540

Submission Deadlines:

• • The court must receive all materials for any hearing no later than 3 business days before the hearing.
  • All attorneys and self-represented litigants must provide an e-mail address to receive signed orders electronically, unless excused. 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 their e-mail account registered for electronic service.

        Response to Inquiries: 

• • The Judicial Assistant is not authorized to provide legal advice.
  • The Judicial Assistant strives to substantively respond to all inquiries within one business day. If the Judicial Assistant is unable to respond within one business day, your message will be acknowledged as received, with an indication of when to expect a substantive response and alternate contact for immediate assistance.
  • When the Judicial Assistant is out of the office, your message will be acknowledged as received with an indication of when to expect a substantive response and alternate contact for immediate assistance.

Other Communication Procedures: 

• • Any e-mail sent to or from the Judicial Office may be a public record subject to disclosure.

B.   Scheduling Procedures

Court Schedule: 

• • Criminal trials are scheduled the last two weeks of every month
  • The Criminal Motion calendar is (for Motions 15 minutes or more) is scheduled every Wednesday beginning at 1:00 p.m.
  • Criminal Motions less than 15 minutes are conducted every Wednesday at 10:30 a.m.

Continuance Procedure: 

• • Motions for continuance must be submitted at least 5 days prior to the scheduled court date for which the continuance sought, barring exigent circumstances and 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, bur 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. Except for good cause shown, the motion must be signed by the parties requesting the continuance, as required by Florida Rule of General Practice and Judicial Administration 2.545(e).

Cancelling Hearings:

• • You must cancel hearings by notifying the Judicial Assistant immediately. 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 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. Requests to use communication technology for an appearance must be made by motion.

Platform Used: 

• • The court uses Zoom for remote appearances. Once a hearing has been approved to be conducted via Zoom, an Order will be distributed specifying the specific Zoom Link, Meeting ID and Passcode.

Requirements:

• • Requests for remote appearance must be submitted 5 days prior to the hearing.
  • Any person appearing remotely must join 15 minutes prior to the scheduled hearing.
  • 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.
  • 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.
  • Any person appearing remotely must dress appropriately, behave in the same manner as if physically present in the courtroom, and have access to a reliable internet or WI-FI connection, a quiet indoor location where counsel can fully participate without distraction. Counsel may not appear while operating a motor vehicle, navigating the security line at Miami International Airport, or using inappropriate on-screen filters or backgrounds.  Any person that violates these decorum rules is subject to sanctions including the denial of the ability to appear remotely in future proceedings.

Technology Needs: 

• • You will need a desktop computer, laptop, or smartphone that are equipped with a camera and microphone and a stable internet connection. If you do not have access to those devices, see Call-In Options on this document.

Step 1: Install Zoom for Free for smartphones and tablet from the Play Store or App Store.  For your desktop computer, laptop or notebook device with webcam and microphone, please visit www.zoom.us. Click “sign up, it’s free” and follow the prompts from there. You will need to use your email address and create a password.

You should test audio and video at least 24 hours before the conference.  This can be done in the “Preferences” or “Settings” window of the program.  You will also want to test the program to be sure that you have a strong Wi-Fi connection. If your signal strength is too weak this may impact your ability to participate in the virtual hearing.

Step 2: Join the Zoom Hearing.  PLEASE REVIEW THE COURT NOTICE FOR THE EXACT CALL IN TIME.

To join, you will need the meeting ID and password. This information was provided with your Court Notice and these instructions. Please note there is a different password for joining via the Zoom application and a traditional telephone call. 

1. 1. After you enter the meeting ID and password, a screen should load showing your face, after you see this screen, click “join with video”
   2. Once these above steps have been completed, you will have joined the Zoom session and be placed into the Zoom Waiting Room. (When in the Waiting Room, you cannot hear or see the court proceedings.)
   3. Identify yourself by using your full name as it appears in your case so that you can be identified. If you fail to do so you may not be admitted into the proceeding from the Waiting Room.
   4. When the court is ready to hear your case, you will be allowed entry into the Zoom meeting from the Waiting Room.
   5. Click on “join with computer audio,” or “join with internet audio.”  This will allow you to hear and speak.

D.   Submission of Orders and Judgments

Format: 

• • All proposed orders must be accompanied by a cover letter either (1) certifying that all parties agree to the order (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. Please visit our website using the link below and submit your order accordingly.

https://keyscourts.net/16th-judicial-circuit-proposed-orders-protocol.html

If you are having trouble submitting documents, we (the 16^th Circuit) cannot provide support or assistance with the E-Portal as it is not a system that we own or manage.  Please visit the links within the Memo (found on the link above) to video tutorials that the State has published as well as a link to the E-Portal’s help desk.  There is also a Help button in the E-Portal once you are logged in.

If you still have questions regarding the Florida E-Portal, you may visit the Florida Courts website to find additional resources.

https://www.myflcourtaccess.com/authority/  → How To tab → Help Desk/FAQ/Training Videos/Materials and Manuals/Helpful Links

https://www.myflcourtaccess.com/authority/training-materials  For uploading a Proposed Order → Training Materials and Manuals → Portal E-Filer User Manual → Pages 141-154

E.   Courtesy Copies of Case Law & Other Documents

When Required:

• • Courtesy copies of Case Law & Exhibits for Tial and Evidentiary Hearings must be submitted to the court for any hearing or trial.

Format:

• • Courtesy copies must be submitted in WORD format or by link.

Submission Method:

• • Courtesy copies must be submitted to the Court by e-mail to the Clerk of Court or to the Judicial Assistant.
  • Self-represented litigants excused from e-mail service may submit courtesy copies to the court by U.S. mail or hand delivery to the judicial office.

Deadline for Submission:

• • Courtesy copies must be submitted to the court no later than 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.  The Court will notice all parties of the date and time.  All parties shall make themselves available for the emergency hearing, barring exigent circumstances.

G.  Exhibits for Evidentiary Proceedings

Submission Methods:

• • Copies of exhibits & exhibit lists shall be forwarded to the Judicial Assistant via e-mail at least 5 business days prior to the scheduled hearing. Please note, the Clerk of Court requires hard copies of exhibits, marked with letters fo identification, which shall be submitted at least 5 days prior to the scheduled hearings. Numbered exhibits will not be accepted. Numbered exhibits will ONLY be accepted if they are stipulated to.
  • Exhibits can be printed, or hand delivered. E-mailed exhibits will not be accepted by the Court.

Format:

• • Exhibits must be labeled in the following format: Exhibit A for Identification, Exhibit B for Identification, etc.

Deadline for Submissions:

• • All other exhibits must be received in Chambers 5 days prior to the evidentiary proceeding.

H.  Pretrial Procedures and Conferences

Case Management Conference (CMC):

• • Any party may request a CMC when a case requires.
  • The Court strongly encourages the early use of CMC’s in more complex cases, multiple party litigation, or any case that might benefit from court intervention.
  • Unless excused by the court in advance, all CMC’s are mandatory for attorneys and self-represented litigants. Parties represented by counsel are not required to appear at a CMC.

Status Conference: 

• • Any party may request a status conference when a case requires.

Requirements: 

• • Any request for a CMC or status conference must articulate the reasons for the necessity of the conference.

Scheduling:

• • If the court grants the request for a CMC or status conference, the moving party must schedule the CMC or status conference pursuant to the procedures noted under the above Scheduling Procedures.

• • Motions Directed to the Pleadings:All motions directed to the pleadings shall be accompanied by a notice of hearing that sets any such motion for hearing to be held within 60 days of the date of the filing of the motion. Any party unable to secure hearing time to comply herewith is directed to call the Court’s Judicial Assistant immediately so that hearing time can be made available. The parties are advised that the Court’s Trial Order will summarily deny all motions directed to the pleadings that have been filed without being set for hearing as required above. These requirements may be excused only upon good cause shown, upon motion of any party and order of the Court.
  •  Motion Setting and Procedure: All motions are to be set by calling Judicial Assistant, Tracey Reilly, at (305) 852-7155. All motions shall be cleared with opposing counsel. If counsel are unable to agree on dates or times for hearings, the moving party shall set the dispute for hearing by motion on a time and date provided by the Court’s Judicial Assistant. Non-evidentiary motions of 30 minutes or less may heard via remote appearances. All evidentiary hearings or hearings lasting more than 30 minutes shall be held in person unless all parties stipulate to remote appearances.

I.  Setting Case for Trial

Procedure:

• • File a notice of trial to set the case for trial.

Notice Period:

• • After the pre-trial conference, the court will assign cases to specific days during the trial period and may assign back-up cases. Attorneys, self-represented litigants, parties and witnesses are expected to be available during the entire trial period.

J.   Forms

Access: 

• • DIY 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 Isis Majeska at Isis.Majeska@keyscourts.net or by phone at (305)-853-7345.