Judge Youmans

Stacy M. Youmans

Circuit Judge

Judicial Assistant: Julianne Ferguson
Email: jferguson@circuit5.org
Office: 352-401-7820
Fax: 352-401-7813

General Procedures
  1. For questions related to cases, scheduling or general information, please email the Judicial Assistant at jferguson@circuit5.org.
  2. Do not email the Judge directly with correspondence. Any documents that you would like reviewed by the Judge must be submitted properly by filing motions with the Clerk of Court.
  3. Ex parte communication is not permitted under any circumstances. The Code of Judicial Conduct precludes Judicial Assistants and other courtroom staff from speaking to parties about substantive matters in cases. All email correspondence must include all attorneys of record and pro se parties if a Designation of Email Address has been filed with the Clerk of Court. If all parties are not included, no action will be taken on the request. There will be no exceptions to this rule.
  4. The Judge and Judicial Assistant are unable to give legal advice. If you have legal questions, you are advised to seek the advice of legal counsel.
  5. Proofread all documents prior to submitting to the Court.
Court Appearances Procedures
  1. Dress appropriately for court. No shorts, tank tops, halter tops, undershirts, and hats. Do not wear distracting or inappropriate clothing.
  2. Cell phones shall be on silent during the entire court proceeding.
  3. No chewing gum, food or drinks allowed with the exception of water.
  4. Arrive a few minutes early.
Scheduling
  1. Prior to scheduling a hearing on a filed motion, the motion must be filed with the Clerk of Court. If the motion does not appear on the docket, we will be unable to coordinate hearing dates.
  2. All requests for hearing dates with Judge Youmans, Magistrate Coleman or Magistrate Soileau made outside of open court shall be sent via email to the Judicial Assistant at jferguson@circuit5.org.
  3. Please have your calendars available at all hearings for scheduling purposes across multiple dockets.
  4. Checking your email for scheduling requests is imperative. If the Court does not receive a response within 48 hours to a request to coordinate a hearing, the hearing will be scheduled unilaterally.
  5. You are responsible for letting the Judge or Magistrates know as soon as you are made aware of a conflict in hearing times so that the issue can be addressed timely.
Zoom Requests and Etiquette
  1. Zoom requests for hearings before Judge Youmans shall be submitted by the filing of a motion at least two (2) business days in advance of a hearing. Hearings before the General Magistrates are typically conducted by Zoom as a matter of course and such motions are not required.
  2. If you are requesting Zoom appearance at an Adjudicatory Trial, good cause must be shown.
  3. Anyone appearing via Zoom must have stable audio and video capabilities. Make sure that you have appropriate internet service and equipment prior to requesting a Zoom appearance. If you are unable to connect or the signal is weak, your hearing will likely need to be rescheduled for you to appear in person.
  4. Even though you are not physically in the courtroom, you are part of a formal Court proceeding. Please find a quiet place where you can focus on the hearing. Eliminate distractions such as barking dogs or phones ringing.
  5. Dress appropriately for court.
  6. Please mute yourself if you expect background noise until you are being addressed.
  7. No eating or smoking during your hearing.
  8. NO DRIVING WHILE YOU ARE LOGGED INTO A ZOOM HEARING. If you appear to be driving, you will be asked to pull over and will not be able to participate in the hearing until you are at a complete stop.
  9. If you plan to appear by Zoom and have evidence that you plan to introduce, you shall provide a copy to the Court at least two (2) business days prior to the Court hearing. Any evidence can be dropped off at the courthouse or emailed to the Judicial Assistant at jferguson@circuit5.org.
Dependency

Shelter Hearings

  • If the shelter is continued, the proposed order continuing the hearing must be submitted to the Court the same day.
  • All parties shall be advised that if they are unable to have a stable connection to appear via audio and visual means, they shall appear in the Courtroom in person.

 

Referral to the General Magistrate

The Court refers matters to the General Magistrates for consideration and/or hearings. It is important to note on any Notices of Hearing whether the matter will be heard with Judge Stacy M. Youmans, General Magistrate Joshua Soileau or General Magistrate Brenda Coleman.

In-custody parents 

For in-person hearings:

  • If the inmate is in the Marion County Jail, please email the information to the Judicial Assistant at least two (2) business days prior to the court hearing so that arrangements can be made to have the inmate transported.
  • If the inmate is in the Department of Corrections, a Motion to Transport needs to be filed at least two (2) weeks prior to the court hearing. A proposed order shall be emailed to the Judicial Assistant.

For electronic hearings:

  • If the inmate is in the Marion County Jail, please email the information to the Judicial Assistant at least two (2) business days prior to the court hearing.
  • If the inmate is in the Department of Corrections, the inmate’s attorney will be responsible for making arrangements with the facility for their client’s appearance.

Amended Motions

All amended motions shall state within the title what the amendment is.

 

Proposed Orders/Case Plans
  • Proposed orders shall not be emailed to the Judicial Assistant until after the motion has been filed with the Court. A courtesy copy of the filed motion shall be included in the email to the Judicial Assistant. All parties must be included in the email that contains the proposed order. Be sure to include how much time is necessary for the matter to be heard if the motion is not stipulated and a hearing is required.
  • All proposed orders need to be in ICMS Word format (.docx). Word 97 or PDF documents will not be accepted. The preferred font is Times New Roman 12 except where statutory requirements are necessary.
  • Motions and proposed orders shall contain updated statutes.
  • If the Court requests a proposed Order based on the rulings of a motion hearing, it shall be submitted in proper order form. Please do not submit form orders from Adjudicatory Hearings.
  • Prior to submitting proposed orders to the Court, the parties must state whether they object to the entry of the order or if there is no objection. If all parties do not agree, a hearing will be set.
  • All proposed orders must be sent at least two (2) business days prior to the hearing.
  • Proposed orders related to Permanent Guardianship shall have the date the Permanent Guardian was qualified included.
  • Pretrial Compliance Statements must be filed at least 48 hours in advance of the hearing.
  • Case Plans must be filed 72 hours prior to Disposition/Case Plan Acceptance hearings. §39.521(1)(a), Fla. Stat.

 

Hearings 

  • Contested Case Plan Hearings – Any party who objects to DCF’s proposed case plan prior to a contested case plan acceptance hearing, must file written notice of their objections, together with citation to any supporting legal authority, at least ten days prior to the hearing.  DCF must file a written response, together with citation to any supporting legal authority, at least five days prior to the contested case plan acceptance hearing.  DCF will file an amended case plan at least three business days prior to the hearing if they agree the objection(s) merit modification to the case plan.
  • Pretrial Conferences – At Pretrial Conference, be prepared to confirm that you are prepared for trial. Specifically, you have contacted all witnesses and confirmed their availability, and you are in possession of all documents you need to go forward with your matter on the date of trial. (i.e., Putative Father Registry Certificates)
  • Adjudicatory Hearings – All documents must be e-filed prior to the hearing commencing where the parties plan to request that the Court take judicial notice of said document. The Clerk will not accept the documents from you for filing at the Adjudicatory Hearing, and the Court cannot accept the documents after a final hearing has concluded. (Please see §90.203, Fla. Stat.)
  • At least five (5) days prior to any contested hearing, provide legal authority to the Court and exchange with other parties. If you are planning to utilize an expert witness, exchange CV’s.

Chapter 39 injunctions

  • A non-offending parent is a party.
  • All documents must be e-filed prior to the hearing commencing where the parties plan to request that the Court take judicial notice of said document. The Clerk will not accept the documents from you for filing at the Injunction Hearing, and the Court cannot accept the documents after a final hearing has concluded. (Please see §90.203, Fla. Stat.)

 

Emergency Motions

Emergency Motions must be filed by 5:00 p.m. to be considered for placement on the following day’s shelter docket. Please email your emergency motion to the judicial assistant at jferguson@circuit5.org so it can be reviewed to determine if it will be placed on the next shelter docket or if it will be set for another time.

Proposed Orders

The case style, including case number, shall be indicated in the subject line.   PLEASE SUBMIT ORDERS IN WORD FORMAT (.docx) ONLY

(NO WORD 97 OR PDF DOCUMENTS WILL BE ACCEPTED)

USING THE CODES LISTED IN THE ATTACHED SAMPLE ORDER (CLICK HERE). FOR INSTRUCTIONS (CLICK HERE).

  • Any email submission shall copy ALL parties by email. If one or more of the parties do not have an email, your correspondence shall indicate that a copy has been mailed to those parties.
  • The attorney submitting the proposed order shall ensure that any pro se party receives a copy of the order via U.S. Mail and shall file a certificate of compliance confirming compliance with this requirement.

Please note that failure to comply with the above procedures will result in the Proposed Orders being Rejected and a delay in processing your case(s).

*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.