Judge Pepperman

Carla R. Pepperman
County Judge

Judicial Assistant: Kim Dabney
Office: 352-742-4127
Fax: 352-742-4323

PROCEDURES FOR JUDGE PEPPERMAN’S OFFICE

IMPORTANT!

ALL HEARINGS ARE NOW CONDUCTED VIA ZOOM TECHNOLOGY.  CERTAIN HEARINGS MAY BE CONDUCTED IN PERSON AT THE DISCRETION OF THE COURT.

PLEASE CONTACT THE JUDICIAL ASSISTANT AT kdabney@circuit5.org or 352-742-4127 IF YOU HAVE ANY QUESTIONS.

GENERAL INFORMATION

GENERAL INFORMATION:

  1. TO SCHEDULE HEARINGS, please contact the Judicial Assistant at kdabney@circuit5.org or call her at 352-742-4127.
  2. If you file a motion or request asking the Judge to take action on your case, it is YOUR responsibility to contact the Judicial Assistant to set a hearing.
  3. All hearings require a minimum of 10 calendar days notice, unless all parties agree otherwise. Self-represented parties must file the Notice of Hearing with the Clerk of Courts and furnish a copy to all parties involved in the case at least 10 calendar days prior to the hearing by U.S.P.S. Certified Mail or some other means with proof of service.  It is not necessary to send a copy to the Judge’s office.
  4. Claim of Exemption hearings are usually scheduled within 10 to 15 business days, if there is time available on the Judge’s calendar.
  5. Landlord Tenant Eviction hearings and Motions to Determine Rent hearings are usually scheduled within 10 business days of the request, if there is time available on the Judge’s calendar.
  6. Please do not submit proposed Final Judgment packages or Orders prior to a hearing. They can be submitted afterwards.
  7. All documents must be filed with the Clerk’s office not the Judge’s office.
  8. Please do not submit any checks to the Judge’s office or your entire package will be returned to you.
  9. You are encouraged to be familiar with Zoom prior to your hearing date. LACK OF FAMILIARITY WITH ZOOM WILL NOT BE A REASON TO POSTPONE YOUR HEARING.
  10. If there is a problem logging in on time, please email our office at kdabney@circuit5.org or call 352-742-4127 and advise the Judicial Assistant. Please understand, however, there is no guarantee the Judge will be able to accommodate you.
  11. Please be sure to provide an email address, otherwise you may not receive notice of what is happening in your case.
TO SET A HEARING

TO SET A HEARING:

1. Please email the Judicial Assistant (JA) at kdabney@circuit5.org or call 352-742-4127 to set your hearing.

2. Please provide the following information when scheduling:

a. The Case Number.

b. The Style (names of both parties) of the case.

c.  What the hearing is for (the motion being heard).

d. The amount of time needed for the hearing.

e.  If there are any time restrictions or deadlines for the hearing, please inform the JA.

3. If dates are needed to coordinate with the other side, the Judicial Assistant will provide you with dates and times. Please keep in mind that these dates and times are NOT held for you, so you must contact the Judicial Assistant to check for availability and to actually have it put onto the Judge’s calendar.

SETTING TRIALS
  1. Counsel are admonished not to file a Notice for Trial unless both parties are ready for trial.
  2. If the parties have not engaged in mediation between the time the case was filed and the date the Notice for Trial was filed, the Court will enter an Order requiring mediation before the Pre-Trial Conference.
  3. A Pre-Trial Conference will be set by the Court where any pending motions will be heard (if time allows) and a trial date will be set. Pre-Trial Conferences are currently being held via Zoom, and only the attorneys for represented parties need to attend; the parties themselves are excused.
CROSS-NOTICING HEARINGS

CROSS-NOTICING HEARINGS:

  1. You cannot automatically cross notice a hearing.
  2. Please notify the Judicial Assistant of your request to cross-notice a hearing. The Judicial Assistant will determine if there is time allowed for the cross-notice.
  3. If the Court is not contacted regarding your request to cross-notice, your motion will not be heard, unless all parties agree that there is sufficient time.
NOTICE OF HEARING BY ZOOM

NOTICE OF HEARING:

  1. First, please contact the Judicial Assistant at kdabney@circuit5.org or 352-742-4127 and she will provide you with a Zoom hearing date, Zoom invitation and information.
  2. You will then be required to prepare, file and send a Notice of Hearing by Zoom for any hearing that you set.
  3. If you do not have an attorney, you can CLICK HERE for a fillable form for a Notice of Hearing by Zoom.
  4. If you do not have an attorney, you must do all of the following:

a) Print out the Zoom invitation that was provided to you by the Judicial Assistant.

b) Fill out and print the Notice of Hearing by Zoom. This form must be filled out completely and signed and dated by you.

c) Make as many copies of the Notice of Hearing by Zoom and the Zoom invitation that you will need to provide one copy to each party, one to file with the Clerk’s office, and one for yourself.

d) Attach a Zoom invitation to each copy of the Notice of Hearing by Zoom.

e) Mail the Notice of Hearing by Zoom with the Zoom invitation attached at least 10 calendar days prior to the hearing date to each party involved in the case. Be sure to mail it by some means that you get a receipt, for example, U.S.P.S. Certified Mail.

f) Within one (1) day of mailing, take the Notice of Hearing, Zoom invitation and receipt for mailing to the Clerk’s office and file it into your Court case file.

FINAL EVIDENTIARY HEARING FOR TENANT EVICTION

FINAL EVIDENTIARY HEARING FOR TENANT EVICTION

IMPORTANT!!  All attorneys, parties, and witnesses at the hearing/trial shall have the capability to appear by video, not merely audio.  It is the responsibility of each party to ensure that their witnesses have that capability.  The Court will not hear testimony by any witness, including a party, who is not present by video, so that the Court can assure that the witness is properly sworn, as well as to allow the Court to adequately assess the witness’s demeanor.

NOTICE OF FINAL EVIDENTIARY HEARING FOR TENANT EVICTION BY ZOOM

  1. First, please contact the Judicial Assistant at kdabney@circuit5.org or 352-742-4127 and she will provide you with a Zoom hearing date, Zoom invitation and information.
  2. You will then be required to prepare, mail and file a Notice of Final Evidentiary Hearing for Tenant Eviction by Zoom.
  3. If you do not have an attorney, you must do all of the following:

a) Print out the Zoom invitation that was provided to you by the Judicial Assistant.

b) Fill out and print the Notice of Final Evidentiary Hearing for Tenant Eviction by Zoom. This form must be filled out completely and signed and dated by you.

c) Make as many copies of the Notice of Final Evidentiary Hearing for Tenant Eviction by Zoom and the Zoom invitation that you will need to provide one to each party and one to file with the Clerk’s office. Be sure to keep a copy for yourself.

d) Attach a Zoom invitation to each copy of the Notice of Final Evidentiary Hearing for Tenant Eviction by Zoom.

e) Mail the Notice of Final Evidentiary Hearing for Tenant Eviction by Zoom with the Zoom invitation attached at least 10 calendar days prior to the hearing date to each party involved in the case. Be sure to mail it by some means that you get a receipt, for example, U.S.P.S. Certified Mail.

f) Within one (1) day of mailing, take the Notice of Hearing, Zoom invitation and receipt for mailing to the Clerk’s office and file it into your Court case file.

SUBMITTING EVIDENCE FOR THE FINAL EVIDENTIARY HEARING

  1. All prospective evidence must be printed out even if you have already filed it into the Court case file.
  2. All prospective evidence shall be provided to the Court and opposing party or counsel no later than five (5) calendar days prior to the hearing. See paragraph 5 for address.
  3. Each submission must be identified by CASE NUMBER and identify WHICH PARTY IS SUBMITTING the proposed evidence (ex. Plaintiff or Defendant).
  4. Evidence on cell phones (such as emails, texts and photographs) cannot be submitted to the Court unless they are printed out.
  5. All prospective evidence must be mailed or hand-delivered to the following address: Carla R. Pepperman, County Judge, Lake County Courthouse, Suite 9, 550 West Main Street, Tavares, FL 32778; or may be hand-delivered by courier to: Mail Receiving Center, Records Storage Facility, 313 South Bloxam Avenue, Tavares, FL 32778.
SUBMITTING PROPOSED ORDERS

SUBMITTING PROPOSED ORDERS BY EMAIL:

  • ONLY ATTORNEYS may submit proposed orders via email.
  • DO NOT send the same proposed order more than once.
  • DO NOT also send paper copies of the proposed Order you have emailed. Submit by email or by mail, but not both ways!
  • If your submission does not meet all of the requirements listed below, your email (with all attachments) will be returned to you and deleted from our system.
  • If your submission is not signed by the Judge, it will be e-filed and e-served to you with a Case Information Sheet and will be deleted from our system. Once you have made the correction(s), it will be necessary for you to resubmit all of the documents (including a cover letter).
  • TO SUBMIT BY EMAIL, YOU MUST COMPLY WITH ALL OF THE FOLLOWING:
      • Submit to JudgePeppermanProposedOrders@circuit5.org.
      • Submit proposed Orders in WORD format.
      • Each submission must include a cover letter in PDF format.
      • Submissions must be saved no larger than 8.5”x11”.
      • Each document attached must be titled and saved with the case number and name of the document, such as: 23CC123 – Cover letter and 23CC123 – Order or 23CC123 – FJ.
      • If more than one document for the same case is being submitted at the same time, you must identify each one, such as: 23CC123-Order to Compel and 23CC123-Order to Set Aside.
      • DO NOT send any documents other than the cover letter and proposed Order or Final Judgment to this email address.
      • DO NOT include a Certificate of Service or a list for copies at the bottom of your proposed documents. I do not sign for or send out copies.  Service is by e-service only and therefore is ONLY to the parties registered in the E-Portal.
      • CERTAIN TYPES OF ORDERS CANNOT BE SUBMITTED VIA EMAIL. Any document that must have personal service or that needs information added by the Judge’s office or Clerk’s office cannot be submitted by email.  Some of these include, but are not limited to, proposed Orders to Show Cause, Continuing Writs of Garnishment or Final Judgments of Foreclosure.
      • Every order submitted by email must contain the following paragraph and it must be placed just above the DONE and ORDERED line:

    It is further ORDERED and ADJUDGED that within 5 days from the date of e-service of this Order/Judgment, the attorney submitting this Order/Judgment shall furnish a copy of this Order/Judgment to each self-represented party by U.S. Mail, first class, postage paid; and, file a certificate signed by that attorney that delivery of this Order/Judgment has been made as set forth herein.

SUBMITTING PROPOSED ORDERS BY MAIL:

IF YOU ARE AN ATTORNEY:

  • You must send copies for conforming and stamped, addressed envelopes for all pro-se Your copy will be e-served to you.
  • If a proposed order is returned to you unsigned with a Case Information Sheet, it will be eserved to you through the EPortal. All copies and envelopes will be destroyed so it will be necessary for you to resubmit the entire package once you make the necessary corrections.
  • DO include a Certificate of Service or list for copies at the bottom of your proposed Orders.
  • DO NOT include the statement regarding service as shown under Submitting Proposed Orders by Email in your proposed Orders that are submitted by mail.

IF YOU ARE SELF REPRESENTED:

  • All proposed orders must be submitted with copies to send to every party listed in the lawsuit, together with stamped, addressed envelopes for each one.
  • If a proposed order is returned to you unsigned with a Case Information Sheet, please correct the issue(s) and return the proposed order with copies and envelopes.
SUBMITTING CASE LAW AND PROSPECTIVE EVIDENCE

SUBMITTING CASE LAW AND PROSPECTIVE EVIDENCE:

  • TO SUBMIT CASE LAW FOR A HEARING – you may submit it via email to JudgePeppermanHearingMaterials@circuit5.org. All documents must be sent as an attachment and NOT just in the body of the email.  Please be sure to label each attachment with the case number and be sure to include the date of the hearing in your email.  CASE LAW MUST BE SUBMITTED AT LEAST 7 BUSINESS DAYS PRIOR TO THE HEARING.
  • TO SUBMIT PROSPECTIVE EVIDENCE FOR A TRIAL – you MUST submit all prospective evidence by hard (paper) copy to the Judge’s office, even if you have already filed it into the Court case file. Please be sure to clearly mark the case number on all submissions.  EVIDENCE MUST BE SUBMITTED BY THE DUE DATE SHOWN ON THE TRIAL ORDER.
  • TO SUBMIT PROSPECTIVE EVIDENCE FOR AN EVIDENTIARY HEARING INCLUDING TENANT EVICTION HEARINGS – If you will be introducing ANY type of evidence for your hearing, you MUST inform the Judicial Assistant that this is an “evidentiary hearing” when scheduling your hearing. Any prospective evidence must be submitted via hard (paper) copy to the Judge’s office at least 5 calendar days prior to your hearing, even if you have already filed it into the Court case file.  Please be sure to clearly mark the case number on all submissions and note whether you are the Plaintiff or Defendant submitting it.
ORDER TO SHOW CAUSE REQUIREMENTS

ORDER TO SHOW CAUSE REQUIREMENTS:

1.  Order to Compel must have already been issued.

2. Please contact the Judicial Assistant at kdabney@circuit5.org or 352-742-4127 and she will provide you with a date and time for your hearing, usually approximately 6 weeks out.

3.  CLICK HERE for Court approved form.

4. Order must be personally served on the party.  No substitute service is allowed.

FILING DOCUMENTS

AFTER FILING DOCUMENTS INTO COURT FILE:

  1. When you file documents, the Judge’s office does not receive notification or copies of the documents, so if you are requesting any Court action on the motion or request, you must contact the Judge’s office.
  2. If you file a motion that requires a hearing, you must contact the Judicial Assistant at kdabney@circuit5.org or 352-742-4127 to schedule the hearing, as the Judge will not know your motion has been filed.
TO CANCEL A HEARING OR TRIAL

TO CANCEL A HEARING OR TRIAL:

  1. You must contact the Judicial Assistant at kdabney@circuit5.org or 352-742-4127 to notify the Court of the cancellation and state the reason for cancellation. As a general rule, hearings may only be cancelled if the case has settled, a Notice of Withdrawal of the Motion has been filed, or an Agreed Order has been submitted to the Court.
  2. If a Notice of Hearing has been filed, you must prepare a Notice of Cancellation and file it with the Clerk’s office and notify the other parties.
  3. You must also send a copy of the Notice of Cancellation to the Judge’s office, to kdabney@circuit5.org.
TO CONTINUE A HEARING OR TRIAL

TO CONTINUE A HEARING OR TRIAL:

  1. You must contact the Judicial Assistant at kdabney@circuit5.org or 352-742-4127 to notify the Court of the request to continue.
  2. The proper motion must be filed with the Clerk’s office.
  3. You must schedule a hearing on your motion or have consent from all parties to continue. There is no guarantee the Court will continue the hearing or trial.
  4. The Judicial Assistant will provide you with alternative dates and times to coordinate with the other party or parties, if appropriate.
  5. Once the date is coordinated, you must contact the Judicial Assistant to actually put it on the calendar.
  6. You must prepare an Amended Notice of Hearing or Trial.

*NOTICE TO THE PUBLIC:* The Code of Judicial Conduct governing behavior by judges forbids the Judges of the Fifth Judicial Circuit from discussing pending cases with the public. Please do not call the Court expecting to speak with a Judge about any case. The Court is only allowed to consider arguments made in the courtroom and in documents properly filed by actual parties in the case as authorized by law and the Rules of Court. The Court cannot ethically read or consider any other opinions or arguments about the case. Communications that do not meet these legal requirements cannot be forwarded to the Judges.