IN THE CIRCUIT
COURT, SIXTH JUDICIAL CIRCUIT
IN AND FOR
AD
RE: VOLUNTARY TRIAL RESOLUTION
As Section 44.104, Florida Statutes, authorizes the use of voluntary trial resolution in certain civil disputes; and
In order to provide procedures for such voluntary trial resolution proceedings when such proceedings are scheduled in a court facility or when the Court has to appoint the trial resolution judge, it is hereby
ORDERED:
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a. Cases in which a constitutional issue is involved;
b. Cases which involve child custody, visitation, or child support;
c. Disputes which involve the rights of a third party not a party to
the voluntary trial resolution when the third party would be an
indispensable party if the dispute were resolved in court; or
d. Disputes
which involve the rights of a third party who is not an indispensable party but the third
party notifies the trial resolution judge that (1) it would be a proper party if
the dispute were resolved
in court; (2) it intends to intervene in the action in court; and (3) it does not agree
to proceed under the trial resolution section
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3.
All judges of the Sixth Judicial Circuit are encouraged
to provide any parties considering the use of voluntary trial resolution with a
copy of the document, “Information for Parties Considering the Use of Voluntary
Trial Resolution,” attached hereto as Appendix A
4. In the event the trial resolution proceeding is to be scheduled in a court facility, the trial resolution judge shall notify the judicial assistant for the circuit or county judge to whom the case is assigned and inform him or her of
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ii
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5.
The judicial assistant shall then notify the Administrative
Office of the Courts, which shall be responsible for scheduling the courtroom, notifying
the Sheriff regarding the need for bailiffs, and notifying the office of the
Clerk of Courts regarding required personnel and jurors
6.
When notified, the Clerk of Court and the Sheriff shall
provide the same personnel and services for a trial resolution judge as are
provided for a judge of the circuit
7.
The Administrative Office of the Courts shall inform
the judicial assistant when all necessary arrangements have been made, and the
judicial assistant shall then inform the trial resolution judge
8. All proceedings involving a trial resolution judge which occur in any courthouse or other public facility shall be open to the public.
9.
If a controversy is submitted to voluntary trial
resolution prior to a lawsuit being filed, upon request of the parties for an
order or judgment to carry out the final decision, the Clerk of Court shall
assign the case to a section in a division in accordance with Local Rule 3
Administrative Order No
DONE AND ORDERED in Chambers at
__________________________________
Anthony Rondolino, Acting Chief Judge
cc: All Judges
The
Honorable
The
Honorable Robert H
The
Honorable
The
Honorable
Betty
Henderson, Assistant Court Services
Carol
Heath,
Gay Inskeep, Trial Courts Administrator
Kerry Rice,
Deputy Courts Administrator,
The
Honorable Jim Coats, Sheriff,
The
Honorable Bob White, Sheriff,
Bar
Associations,
Law
Libraries,
I
Section 44
n First, VTR may not be used if a case involves any constitutional issues or
(1) disputes involving child custody, visitation or child support; or
(2) disputes involving the rights of a third party not a party to the VTR when
(a) the third party would be indispensable parties in traditional litigation, or
(b)
the third party notifies the trial resolution judge
that it would be a proper party in the traditional litigation, that it intends
to intervene in the action, and that it does not agree to proceed with a VTR
n
Second, the parties must compensate the trial
resolution judge according to their agreement
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Third, while the parties may also select a
senior judge to serve as a trial resolution judge, using a senior judge in a
VTR proceeding does not convert it to
a traditional litigation proceeding
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Finally, and most importantly, the right to
appeal a decision of a trial resolution judge is significantly curtailed
Appendix A