R. Lee Smith

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IN THE CIRCUIT COURT, SEVENTH JUDICIAL CIRCUIT,
IN AND FOR ST. JOHNS COUNTY, FLORIDA
PRACTICES AND PROCEDURES STANDING ORDER FOR CIVIL CASES
IN DIVISION 59
The following practices and procedures apply to all civil cases pending in Division 59.
These procedures are designed to assist the parties in having their cases handled as efficiently as
possible. If you have questions regarding the requirements set forth herein, please contact the
judicial assistant for the division at tdavis@circuit7.org or (904) 827-5606. Email communication
is preferred.
1. Communication with the Court:
A. All communications with the judicial office must comply with Canon 3 of the Code
of Judicial Conduct, which prohibits a judge from 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 by law. All parties must be
copied on any email directed to the judicial office, unless an ex parte communication is authorized
by law.
B. Do not include the judicial assistant in emails between parties that do not request
action from the judicial office.
C. When communicating with the judicial office please be cognizant that there are
several thousand cases pending in this division at any given time and the judicial office receives
numerous emails and phone calls daily. Your inquiry will typically be responded to in the order it
was received, as expeditiously as reasonably possible.
D. The judicial assistant is not permitted to provide legal advice.
2. Orders on Unopposed Matters: Orders on consented matters which do not need
a hearing may be forwarded to the Judge. The motion and proposed order must specify within the
body that the relief sought has been agreed to by all parties. The order must be submitted
electronically utilizing the procedures set forth below in paragraph 6.
3. Orders on Motions that may not require hearings: The Court may consider the
following motions without a hearing:
A. Motions to Cancel Foreclosure Sales: The Court will consider motions to cancel
or reschedule foreclosure sales, only if the following requirements are met: (a) the written motion
is received by the Court no less than five (5) business days before the scheduled sale date and
served on all parties; (b) the motion must contain specific facts setting forth the reasons for the
postponement; and (c) the motion must have supporting documentation attached (e.g. sales
contract, loan modification information, etc.). Motions will not be granted as a matter of right and
will only be granted on a limited basis upon a determination of good cause.
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B. Motions to Withdraw by Counsel: Counsel may seek withdrawal from
representation upon filing of an appropriate motion. Notice must be provided to all parties and
their client. The motion must set forth the reasons for withdrawal and the client’s last known
address. If the client does not consent to the withdrawal in writing, a hearing will need to be
scheduled.
C. Motions to Substitute Counsel: Motions to substitute counsel must comply with Fla.
R. Gen. Prac. & Jud. Adm. 2.505 and contains the client’s written consent.
4. Motions to Compel Discovery:
A. Unless there has been a complete failure to respond or object to written discovery
requests, motions to compel discovery must include in the body of the motion in quotation, each
interrogatory, deposition question, request for admission, or request for production to which the
motion is addressed, followed by quotation, in full, of the answer or response which is asserted to
be insufficient, or the objection and grounds stated by the oppos

[Excerpt — full procedures at the official source link.]