Michael Takac

CASE MANAGEMENT & EVIDENCE

Prior to trial or any dispositive evidentiary hearing, Judge Takac will have in place a case management order setting forth SPECIFIC DETAILED REQUIREMENTS for the manner by which ALL EVIDENCE TO BE USED AT TRIAL OR FINAL HEARING MUST BE DISCLOSED to the other party (or parties) as well as the Court. All parties must comply with that Order, or their proposed evidence will be excluded.  BE SURE TO READ THE ENTIRE ORDER carefully.

CONTACTING THE JUDGE’S OFFICE

There are two (2) reasons to contact the Judge’s office:

1. TO SET HEARINGS –

A.   The party wishing to schedule the hearing should email the Judicial Assistant at ssutton@circuit5.org to obtain available dates and times. Prior to requesting hearing dates for most matters, such as extensions, discovery, remote testimony or accommodation(s), counsel are expected to confer with the opposing side(s) to see if an agreement can be reached.

When requesting hearing dates be sure to include:

i.   The case number;

ii.  The parties’ names;

iii. The amount of time necessary to COMPLETE the hearing. Must allow sufficient time for ALL parties;

iv. The method of attendance desired (i.e., “zoom” or “in person”);

v.  The matter to be heard (i.e., which motion(s), and date filed);

vi. Whether evidence will be presented;

vii. Any special request(s) (e.g., “no sooner than May,” or “at least 30 days away,” etc.).

B. After the requesting party has selected one, or more, mutually convenient dates by confirming its convenience with all other parties, your selection(s) must be conveyed to the Judicial Assistant (via email).  The Judicial Assistant will then confirm (via reply email) whether your choice remains available.

C. Confirmed selections should immediately be noticed for hearing AND a copy of the filed “Notice of Hearing” scanned/forwarded to ssutton@circuit5.org. ONLY COMPLETION OF THIS ENTIRE PROCESS SECURES YOUR HEARING DATE.

*Persons without email may resort to telephone to obtain [or confirm] dates for hearing.

D.  REMOTE APPEARANCE HEARINGS (a/k/a “zoom;” telephone, etc.) in order to avail oneself of an opportunity to coordinate proceedings via internet/”Zoom” technology, the party filing the “Notice of Hearing” must:

i.  Coordinate the hearing to so occur when initially scheduling.  Remote appearance is to be uniform for all attorneys and parties (i.e., all appear “in person” or all appear by the same “remote” method).

ii. Include the contact email address for the party filing the “Notice.”  [Please provide only one email address] The email address provided will then receive the lone “Zoom” invitation to be forwarded by the Judicial Assistant.

iii.  The “zoom” invitation will be sent to the email address of the attorney filing the “Notice for Hearing” approximately one (1) week prior to the hearing and that attorney is then responsible for providing the “zoom” invitation to all opposing party/entities and any & all co-counsel.  (E.g., all entities of record having filed a “Notice of Appearance”).

iv.  Parties should not wait to receive the “Zoom” invitation before filing their “Notice of Hearing.” UNDER NO CIRCUMSTANCE SHOULD THE ACTUAL “ZOOM” LINK APPEAR ON THE “NOTICE” BEING FILED WITH THE CLERK.  Hopefully, this will limit unwanted “zoom hacking.”

v.  Once a hearing has been set by duly filed and served “Notice,” a motion, not email, is required to convert an appearance to a method not specified in the Notice. Thus, altering “in-person” to “zoom” or telephone; or conversely, “zoom” to “in-person” cannot be accomplished by email to the Judicial Assistant.  A motion must be filed and ruled upon by the Judge. This includes requests to “specially” accommodate individuals (e.g., an attorney, party, or witness.) as such special requests are not favored and are discouraged.

*”zoom” proceedings cannot be coordinated where a party entitled to appear does not possess internet capabilities.

**ANY REMOTE ACCOMMODATION SOUGHT FOR AN INDIVIDUAL’S APPEARANCE (attorney or witness) where other individuals will be present in the Courthouse requires the proponent of such remote appearance to make all accommodations necessary to make the appearance happen. E.g., if you want a witness to appear via “zoom,” bring your laptop, send the “zoom” link.

UNDER NO CIRCUMSTANCE WILL THE COURT ACCEPT RESPONSIBILITY FOR THE FAILURE OF ANY TECHNOLOGY that a party has sought to employ. That is why evidentiary matters are designed and expected to occur in person.  Those that seek remote accommodation bear all burden/prejudice/risks associated with such accommodation, including disconnection of the remote transmission.  Such failure will not be considered grounds for recess, adjournment or delay.   Applicable Rules of Procedure and Evidence obviate the need for any such accommodation.

2. TO REQUEST AN ORDER –

A.  Judge Takac will not participate in ex parte communication.   Therefore, requests for “orders” or any judicial relief should typically come during a duly noticed hearing.  (Set by the process indicated above).  ANY QUESTION(S) YOU HAVE FOR THE JUDGE SHOULD BE POSED DURING A HEARING, such as a CASE MANAGEMENT CONFERENCE, which can be noticed to address any question or matter an attorney, or party, may have for the Judge.

B.  Orders submitted to the Judge’s office when no hearing has occurred, MUST BE ACCOMPANIED BY A COPY OF THE SPECIFIC FILING(S) OF RECORD FROM THE COURT FILE TO JUSTIFY the Judge taking the action requested.  All “agreements” must appear WITHIN THE FILE maintained by the Clerk of the Court.  For example, an “agreed order” can only be entered where the motion itself states that the parties “agree,” OR a separate “notice” or “stipulation” has been filed to confirm the agreement.  Copies reflecting the filed (i.e., “record”) agreement should accompany any proposed order.  Ex parte emails forwarding only a proposed order are not sufficient.  Your failure to follow these procedures will likely cause a substantial delay in obtaining the relief requested. The court’s staff has many duties that preclude it from examining your file in an attempt to ascertain whether a party’s ex parte request for relief is appropriate.

C. DO NOT ASK THE JUDICIAL ASSISTANT FOR LEGAL ADVICE.

D. Orders presented to the Judge should follow the following format:

IN THE CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT

                    IN AND FOR LAKE COUNTY, FLORIDA

Case No. ###

Plaintiff (Your client, or opposition) v.

Defendant (Opposing party, or your client)

ORDER

THIS MATTER came before the court on DATE, with (NAME ALL INDIVIDUALS PRESENT). The Court having reviewed the file, heard the arguments and any evidence put forth by the parties now finds as follows:

**Include numbered findings here**

WHEREFORE it is ORDERED and ADJUDGED as follows:

** include ruling(s) here.

DONE and ORDERED in Tavares, Lake County, Florida on this                                                      day of                                            2025.

___________________

Michael Takac, Circuit Judge

Copies to:
Name and Email address for individuals to be served (Plaintiff(s))
Name and Email address for individuals to be served (Defendant(s))

TRIALS

Judge Takac endeavors to set each trial on a specific date requested by the parties. This procedure works best when litigants cooperate to not request dates until they are ready to appear for trial within the reasonable near future and when litigants know requests to continue a trial date requested by them will not be granted without extraordinary circumstances beyond any parties’ control.  That is Judge Takac’s policy.  Mere “stipulations” to continue are not extraordinary circumstances.

CONDUCT

Judge Takac expects all counsel, parties, and witnesses to conduct themselves in a courteous and professional manner.  The Florida Bar’s Professional Code of Conduct is a good starting point to follow.  Again, one should always contact the opposing side(s) prior to seeking a ruling from the Court.

Once a ruling from the Court becomes necessary, proceedings should be expected to be conducted formally and professionally with strict adherence to applicable rules, procedure and precedent.

Any question(s) asked by the Judge should be interpreted only as an opportunity for you to instruct or correct the Court about the fact(s), law, or argument(s) raised in that particular hearing.  Do not be shy.  The Court and your client are relying on you to concisely put forth your position within the time reserved.