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Emily Curington

County Judge

Judicial Assistant: Andrea Clark
Office: (352) 742-4218
Fax:

*NOTICE TO THE PUBLIC:* The Code of Judicial Conduct governing behavior by judges forbids the Judges of the Fifth Judicial Circuit to discuss 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.

Procedures

General Information

  1. Please email the Judicial Assistant (JA) at aclark@circuit5.org to schedule hearings.
  2. All hearings require a minimum of 5 business 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 days prior to the hearing by U.S.P.S. Certified Mail Return Receipt Requested or some other means with proof of service. It is not necessary to send a copy to the Judge’s office.
  3. Please do not submit proposed Final Judgment packages or Orders prior to a hearing. They can be submitted afterwards.
  4. All documents must be filed with the Clerk’s office not the Judge’s office.
  5. If your hearing is being held via Zoom. be sure to log in using your FULL NAME, not iPhone, Galaxy, etc. Be on time and appropriately dressed for your hearings. Treat this as if you are appearing in person. If you are inappropriately dressed, your hearing may be cancelled, or you may lose your case.
  6. If there is a problem logging in on time, please call 352-742-4218 or email at aclark@circuit5.org and advise the Judicial Assistant. Please understand, however, there is no guarantee the Judge will be able to accommodate you.
  7. Provide an email address, otherwise you may not receive notice of what is happening in your case.
  8. Anything you want Judge Curington to consider must filed with the Clerk’s office and a copy sent to opposing party and/or their attorney.

 

To Set a Hearing

  1. Please email the Judicial Assistant (JA) at aclark@circuit5.org to set your hearing.
  2. Please provide the following:
  3. The Case Number.
  4. The Style (names of both parties) of the case.
  5. What the hearing is for (the motion being heard).
  6. The amount of time needed for the hearing.
  7. Attorney’s include opposing counsel.
  8. Please keep in mind that these dates and times are NOT held for you, they are on a first come, first serve basis. They are not set until confirmed by the JA.

 

Cross-Noticing Hearings

  1.  You cannot automatically cross notice a hearing.
  2. Please notify the JA of your request to cross-notice a hearing.  The JA 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 enough time.

 

Notice of Hearing via CourtCall

Once your hearing has been confirmed by the JA, she will give you the information you need to schedule your appearance via CourtCall.

You will have to attach this information to your Notice of Hearing.

You will then be required to send your Notice of Hearing to all parties and file a copy with the Clerk’s office.

 

Notice of Zoom Hearing

  1. First, email the JA at aclark@circuit5.org and she will provide you with Zoom information.
  2. You will then be required to prepare, file, and send a Notice of Zoom Hearing for any hearing that you set.
  3. The Notice of Zoom Hearing must be filed with the Clerk of Courts and furnished to all parties involved in the case at least 10 days prior to the hearing by U.S.P.S. Certified Mail Return Receipt Requested or some other means with proof of service.  It is not necessary to send a copy to the Judge’s office.

 

Submitting Proposed Orders

  • ATTORNEYS MAY NOW SUBMIT PROPOSED ORDERS VIA EMAIL.
  • If your submission does not meet the following requirements, your email (with all attachments) will be returned to you and deleted from our system. After you make the necessary corrections, you must then resubmit everything by regular mail (not email) with copies for conforming and stamped addressed envelopes for any self-represented parties for this submission.
  • 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 the documents (including a cover letter).

YOU MUST COMPLY WITH ALL OF THE FOLLOWING:

  • Submit proposed orders for County Civil and Criminal cases only.
  • Submit to aclark@circuit5.org
  • Submit proposed orders in WORD format.
  • Submissions must include a cover letter in PDF format.
  • Submissions must be saved no larger than 8.5”x11”.
  • Each document must be saved with the case number and name
  • If more than one document is being submitted, you must identify each one, such as: 19CC123-Order to Compel and 19CC123-Order to Set Aside.
  • The following statement must be added to each proposed document in the same size and font style as the rest of the document, and in the same way as shown below, prior to the date and signature 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 or via the E-portal and,

File a certificate signed by that attorney that delivery of this Order/Judgment has been made as set forth herein.

  • DO NOT send any documents other than the cover letter and proposed document for signature to this email address.
  • DO NOT include a Certificate of Service or a list for copies at the bottom of your proposed documents.

SUBMITTING PROPOSED ORDERS BY MAIL:

IF YOU ARE AN ATTORNEY:

  • You must send copies for conforming and stamped, addressed envelopes for all parties. 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.

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.
  • If a proposed order is returned to you unsigned with a Case Information Sheet, all the copies and envelopes are returned to you as well. Please correct the issue(s) and return the proposed order with the copies and envelopes.

 

Filing Documents

  1. When you file documents, the Judge’s office does not receive notification or copies of the documents, so if you are requesting or expecting any Court action on the motion, you must contact the Judge’s office.
  2. If you file a motion that requires a hearing, you must email the JA at aclark@circuit5.org to schedule the hearing, as the Judge will not know your motion has been filed.

 

To Cancel a Hearing

TO CANCEL A HEARING OR TRIAL:

  1. Only the party who set the hearing can cancel the hearing.
  2. You must email the JA at aclark@circuit5.org to notify the Court of the cancellation and state the reason for cancellation.
  3. 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.
  4. You must also send a copy of the Notice of Cancellation to the Judge’s office, to one of the following:

Email – aclark@circuit5.org    or    Fax – 352-742-4218

 

To Continue a Hearing or Trial

  1. You must email the JA at aclark@circuit5.org.
  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 JA will provide you with alternative dates and times to coordinate with the other party or parties, if appropriate.
  5.  You must prepare an Amended Notice of Hearing or Trial.

 

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