Mary P. Hatcher

GENERAL PROCEDURES FOR

THE HONORABLE MARY P. HATCHER

These General Procedures apply to all matters before Judge Hatcher unless otherwise stated in the procedures for a particular division. Attorneys and parties should review both the General Procedures and the procedures applicable to their case type.

GENERAL INFORMATION

All hearings require a minimum of five business days’ notice unless all parties agree otherwise.

All documents must be filed with the Clerk’s office, not the Judge’s office.

Appropriate dress is required for attorneys and all parties. No ripped or torn jeans, shorts, tank tops, etc. will be permitted.

Please be sure to arrive on time (on time is seated and prepared to start at the noticed time) and appropriately dressed for your hearing as hearings start promptly at the time designated on your Notice of Hearing. If you are inappropriately dressed, your hearing may be cancelled.

If you are running late for court, please call the Judge’s office to inform of your tardiness. There is no guarantee the Judge will be able to accommodate you.

EMAILING THE JUDICIAL ASSISTANT

An email to the Judicial Assistant should be strictly for the purposes of scheduling a hearing, submission of proposed orders, or other court-related functions and inquiries.

Please note that judicial assistants are not authorized to communicate with the Judge regarding the merits of any case or discuss legal arguments of a case. Any and all communication that a person desires to have considered by the Court must be filed with the Clerk of the Court for docketing into the Court file, and copies must be provided to all interested parties. This will allow all involved parties access to the communication prior to judicial review and further handling.

Judges are not permitted to consider ex parte communications from one party outside the presence of all parties and/or lawyers concerning a case before the Court.

SCHEDULING HEARINGS — GENERAL REQUIREMENTS

Unless the applicable division procedures provide otherwise:

1. File the motion first. The motion, petition, or other matter to be heard must be filed with the Clerk before hearing time is requested.
2. Coordinate with all parties. Confer with all counsel and unrepresented parties entitled to notice regarding the proposed date, availability, and the amount of time needed.
3. Use OnceHub. Follow instructions as prompted by OnceHub.
4. Wait for confirmation. Selecting a time submits a request; it does not confirm a hearing or place the hearing on the Court’s calendar. Do not file or serve a Notice of Hearing until the Court confirms the date and time.
5. Hearings Coordinated by Email. When parties coordinate a hearing date and time by email with the Judicial Assistant, the agreed-upon date and time are not secured until the Judicial Assistant reconfirms that they remain available. Once the Judicial Assistant reconfirms availability, the scheduling party must file and serve the Notice of Hearing within twenty-four (24) hours. If the Notice of Hearing is not filed within that time, Chambers can no longer guarantee that the date and time will remain available, and the hearing may need to be rescheduled.
6. Once confirmed, the scheduling party is responsible for filing and serving the Notice of Hearing on all required parties.

Do not cross-notice another matter or add a matter to an existing hearing without prior approval from Judge Hatcher’s office. If the parties cannot coordinate a date, or the matter requires more time than the scheduling options provide, email the Judicial Assistant.

HEARING ATTENDANCE

Hearings before Judge Hatcher are held in person at the location stated in the Notice of Hearing or order setting the hearing. Zoom appearances are not permitted.

PROPOSED ORDERS — GENERAL REQUIREMENTS

Unless a division-specific procedure provides otherwise, proposed orders must be submitted in editable Microsoft Word format and must follow Judge Hatcher’s posted Proposed Order Formatting Guide. Proposed orders must include a complete certificate of service. Proposed orders that do not follow the posted formatting instructions may be returned for correction.

Probate has separate proposed-order submission procedures. Review the Probate Procedures before submitting a proposed probate order.

CANCELLING, RESCHEDULING, OR CONTINUING A HEARING

If a hearing will not proceed, promptly notify Judge Hatcher’s office and file the appropriate notice or motion. A request or motion to continue or reschedule a hearing does not remove it from the calendar unless the Court grants the request or otherwise confirms the cancellation.

COURTROOM TECHNOLOGY

Most courtrooms provide Hearing Assist, Wireless Connectivity, Video Projections of some kind (whether by television or digital projector and screen), as well as standard audio equipment throughout. Some courtrooms have this equipment built in, while in others the equipment has to be brought in via media carts. Therefore, if you anticipate the need for certain equipment, it is important to request the equipment needed at least a week in advance to ensure availability.

To request equipment, click here.

COURT INTERPRETATION

The Fifth Judicial Circuit is committed to providing qualified interpreters to limited-English-proficient and deaf persons in order to eliminate communication barriers that may prevent full participation in court proceedings necessary to ensure due process and equal access to the courts. To request an interpreter for a hearing, click here.

AMERICANS WITH DISABILITIES (ADA) SERVICES

If you are a person with a disability who needs any accommodation in order to participate in a proceeding, you are entitled, at no cost to you, the provision of certain assistance. Please contact the ADA Coordinator for the Courts below at least 7 days before your scheduled court appearance, or immediately upon receiving your notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711.

To request assistance, click here or call the Services and Accommodations Coordinator at (352) 569-6952.

The General Procedures for Judge Hatcher apply to Family Law matters except as specifically provided below.

SCHEDULING HEARINGS

To request a hearing, use the OnceHub link. If the matter requires more time than the available scheduling options provide, or the parties cannot coordinate a date, email the Judicial Assistant at jgrubb@circuit5.org.

PROPOSED ORDERS AND FINAL JUDGMENTS

Submit proposed family law orders in editable Microsoft Word format to jgrubb@circuit5.org. Include the case number and the matter addressed in the email subject line. Proposed orders must follow Judge Hatcher’s posted formatting instructions and include a complete certificate of service. The Judge’s signature block must appear on a page containing substantive order text.

FINAL JUDGMENTS WITHOUT PERSONAL APPEARANCE

If the parties request entry of a final judgment without a personal appearance, counsel must complete the Required Checklist for Entry of Final Judgment without Personal Appearance. Enter the filing date for each listed item or mark it “N/A” where appropriate. Email the completed checklist and the documents identified in its Attachments section to jgrubb@circuit5.org for the Court’s review.

Submitting a checklist does not guarantee entry of a final judgment without a hearing. The Court may require additional documents or set a hearing. Any hearing set before Judge Hatcher will be held in person.

MOTIONS, PRE-TRIAL CONFERENCES, AND TRIALS

Requests for a pre-trial conference or trial setting should identify the case number, the issues remaining for determination, the status of mediation, and the estimated time needed. The Court will set trial dates and related deadlines.

EVIDENCE AND EXHIBITS

Review the order setting the hearing or trial for instructions and deadlines concerning exhibits and other hearing materials. Parties are responsible for exchanging materials with one another as required by the applicable rules and any order entered in the case. For motion hearings, any exhibits presented must be marked by the party offering the exhibit. For final hearings, all exhibits must be pre‑marked by the Clerk of Court. If any case law, authority, or similar materials will be presented during the hearing, the presenting party must provide copies to the Court.

The General Procedures for Judge Hatcher apply to Probate matters except as specifically provided below.

(See Sumter County Clerk’s website for applicable filing fees.)

PROCEDURES FOR SUBMITTING PROPOSED PROBATE ORDERS

Cover letters must be mailed directly to the assigned Judge’s office along with the following:

• A Portal Stamped Submission Copy of the completed corresponding Checklist
• A Portal Stamped Submission Copy of the Motion or Petition
• Proposed Order with a certificate of service

Proposed orders received will be held for ten (10) days pending receipt of all applicable documentation. After that time, the documents submitted with the cover letter may be destroyed.

DO’S, DO NOT’S & NOTES

• Please DO send your proposed orders to the Judicial Assistant via US Mail ONLY (orders via email will not be accepted).
• Please DO NOT send proposed orders to the Clerk.
• Please DO NOT attempt to e-file proposed orders through the e-portal (they will be rejected by the Clerk).
• Please DO send Original Wills and/or Death Certificates directly to the Clerk of Court.
• Please DO NOT send copies to conform or stamped, self-addressed envelopes. All orders will be e-filed and e-served upon everyone in the e-Portal.
• Please DO NOT send ANY form of payment to the Judge’s office – ALL payments should be submitted to the Clerk of Courts directly.
• Please DO contact the Clerk of Courts, Probate Division, for Certified Copies of your order AFTER you have received service of same.

NOTES RE: CERTIFIED COPIES

• Certified copies should NOT be prepaid when filing your case.
• The Clerk’s office has 3 business days to accept the e-filing of an order from the Judge’s office.
• Certified copies of the order can be purchased, in person, 3 business days AFTER you receive your e-serviced Order from the Judge’s office, by a party to the case.
• You may also mail the Clerk’s Office your request for certified copies AFTER you receive your e-serviced Order from the Judge’s office.
• If requesting certified copies by mail, please include the appropriate fees and a self-addressed stamped envelope(s). Please contact the Clerk’s office for further information.

While we understand certain emergencies, frequent inquiries for status updates on proposed orders or to see if the USPS has delivered your mail are not necessary and can cause additional time burdens. IF you have followed all of the instructions above, we should be able to process your order in a timely fashion. Should we need any additional information, we will reach out to your office.

SCHEDULING A HEARING

Use the OnceHub link to request an available date and time. If you believe the matter requires an evidentiary hearing or more time than the scheduling options provide, email the Judicial Assistant instead of selecting a shorter time slot.

PROCEDURES FOR CANCELLING HEARINGS/TRIALS

In addition to filing your notice of cancellation, immediately notify the Judge’s office by email when a hearing is to be cancelled. If a case has settled and should be removed from the trial docket, please contact the Court to indicate the same. Only the party that scheduled the hearing, or the Court, has the authority to cancel the hearing.

PROCEDURES FOR EMERGENCY FILINGS

Emergency motions must be filed with the Clerk, and copies emailed to jgrubb@circuit5.org, along with any related supporting documents and cover letter. YOU MUST ALSO CALL the Judge’s office to inform them of the emergency motion after submission via email, as the email is not constantly monitored.

Should you have any questions, you are welcome to contact the Judicial Assistant for further information.

PROCEDURES FOR EVIDENCE

Judge Hatcher does not accept remote evidence. All evidentiary hearings require an in-person court appearance. Attorneys and parties should exchange exhibits at least two (2) business days in advance of the scheduled hearing.

Hearing notebooks that do not contain evidence (i.e., case law) should be submitted in hard copy at least five (5) days prior to the hearing.

***Probate procedures can be found on the circuit website in the Sumter County- Probate Division. By scrolling to the bottom of the page, you will find the required checklists, and some helpful forms.***

The General Procedures for Judge Hatcher apply to Dependency matters except as specifically provided below.

SCHEDULING DEPENDENCY HEARINGS

Email the Judicial Assistant to request a hearing on a routine dependency matter.  Provide the case number, the motion or matter to be heard and its filing date, the estimated time needed, and the names and email addresses of all counsel and parties entitled to notice.

DO NOT use OnceHub for shelter hearings or emergency dependency hearings. Those matters must be coordinated directly with the Judicial Assistant by email as described below.

DEPENDENCY SHELTER HEARINGS

Judge Hatcher reserves 1:00 PM each court day for shelter hearings. The Department must email the Judicial Assistant at jgrubb@circuit5.org as soon as a shelter hearing is needed and provide a copy of the completed petition. Early notice allows time to coordinate the hearing and address attendance or transport needs.

The Department is responsible for notifying the parties of the hearing in accordance with applicable laws and rules. Judge Hatcher’s office will confirm the hearing details; the reserved time alone does not confirm that a particular hearing has been scheduled.

EMERGENCY DEPENDENCY HEARINGS

Email requests for emergency dependency hearing times directly to the Judicial Assistant at jgrubb@circuit5.org. Include the case number, the filed motion or petition, the relief requested, the reason prompt Court action is needed, and any applicable deadline. Copy all counsel and parties entitled to notice.

Judge Hatcher will determine whether the matter requires emergency hearing time or other action. Submitting a request does not confirm a hearing.

INMATE TRANSPORT

The party or agency requesting an incarcerated person’s appearance is responsible for arranging transport and obtaining any necessary transport order. This includes the Department when it requests the person’s appearance at a shelter hearing.

The requesting party or agency must file a motion for transport with the Clerk. The motion must identify the person to be transported, the facility where the person is held, and the hearing for which transport is requested. A proposed order for transport must also be submitted to the Court in editable Microsoft Word format and must comply with Judge Hatcher’s Proposed Order Formatting Guide.

Filing the motion or submitting the proposed order does not, by itself, arrange transport. The requesting party or agency remains responsible for coordinating transport after the Court enters an order.

PROPOSED ORDERS AND STIPULATIONS

Submit proposed dependency orders as editable Microsoft Word documents via email to the Judicial Assistant. Identify the case number and the matter addressed. If an order is submitted as agreed, state the position of each party or include the applicable stipulation. The Court may require a hearing before entering an agreed order.

All proposed orders must follow Judge Hatcher’s Proposed Order Formatting Guide. Proposed orders that do not follow the posted formatting instructions may be returned for correction.

Use the guide’s formatting instructions when preparing a dependency order. Replace the family law caption in its current sample with the correct dependency caption and case information.

• Proposed Order Formatting Guide
• Required Checklist for Entry of Final Judgment Without Personal Appearance