Written by Judge Abby Cynamon | [email protected]

It is a real privilege to be asked by KidSide to address this topic.  Since being elected to the Circuit Court in 2008, I have served in the Civil, Family and Juvenile divisions of the Circuit Court.  Currently it is my honor to serve in the Family Division, where every decision made by a judge must not only follow the law, but also must be in the best interest of the children who are affected by that decision.

Whether you are a seasoned family litigant or just getting started, I would like to share some tips that I wish I would have known as a young lawyer.  Some of the tips I am going to share apply more to remote hearings, while others apply more to in-person hearings.  I hope you will find some of them useful.

First a word about in-person versus remote hearings:  in my division, we are setting all Final Hearings, Domestic Violence Final Hearings and other evidentiary hearings, in person.  We are also setting some Case Management Conferences in person.  As many of us have learned, while Zoom is a great platform for Motion Calendar, it is not ideal for evidentiary hearings.

To ensure that your evidentiary hearing goes as smoothly as possible for you and your client, whether your hearing is in-person or remote, remember these four things, which are easy to remember with the “S.A.F.E” abbreviation:

• the “S” stands for the submission of your evidence;
• the “A” stands for the authentication of your evidence;
• the “F” stands for you, your client, your witnesses and your entire team being familiar with the evidence; and
• the “E” stands for making sure that you have asked for enough time to complete your hearing.

Submission:  Make sure you have properly submitted the evidence through the e-filing portal.

Each judge has a page on the 11^th Judicial Circuit’s website.  And each judge’s page is likely to have a document detailing the procedures for the submission of evidence in advance of hearings.  Make sure you familiarize yourself with these procedures before your hearing.  In the family division, these procedures require that at least seven days prior to any evidentiary hearing, each exhibit which the party wishes to use at the evidentiary hearing must be filed with the e-filing portal and served upon the opposing party or counsel.

Remember, it is very important to follow the clerk’s procedures when you are submitting evidence, especially for a remote evidentiary hearing, because even if the judge admits your evidence, the clerk is unable to record that this evidence has been admitted unless it was filed with the e-filing portal enough time in advance of the hearing and the clerk can see it on the docket.

Authentication:  Make sure you have the proper witness to authenticate your document.

Is it a text message? Is it a social media post?  It will be very frustrating to your client’s position if you have some evidence that you really want the court to consider but the Court cannot because there is no proper authentication witness.  Here are the cites to some recent cases you might wish to review which deal with the admissibility of text messages and other social media posts:  Gilbert v. State, 324 So. 3d 598, Fla. 2d DCA 2021); State v. Torres, 304 So. 3d 781 (Fla. 4^th DCA 2020); and Walker v. Anderson, 301 SO. 3d 299 (Fla. 4^th DCA 2020).

Also make sure that the documentary evidence you are submitting is relevant to what you need to prove.  Don’t take up your time with trying to introduce exhibits that have nothing to do proving or disproving the particular matter that is set before the Court.

Familiarity:  you and your witness and your entire team should be familiar with the evidence that you are seeking to introduce at the evidentiary hearing.

This means that whether your hearing is on Zoom or in person, you should choreograph your hearing.  Do a practice run-through with your witnesses and your evidence if time and circumstances permit.  The witness should know what documentary evidence you will be asking him or her about.  If you have co-counsel or an assistant who is helping you with technical aspects of the presentation (whether it is screen sharing or an in person technical demonstration) you also should have a run-through before the actual hearing, so that you know things will go smoothly and how much time it will take.

Enough:  Make sure you ask the judge’s Judicial Assistant for enough time when you schedule the evidentiary hearing.

Remember not only will you need time to direct examine your witness, but also the Court will give opposing counsel time to cross examine.  If you have not reserved enough of the Court’s time, it is a guarantee that your hearing will not be finished, and you will have to come back another day.   Depending on how full your schedule and the judge’s calendar are, this could lead to more delays, as well as taking up more of your time and creating more expense for your client.  When setting a hearing, asking for the amount of time you truly need will make it more likely for your hearing to be finished, for the Court to enter a ruling sooner, for your clients to have some degree of closure and for you to move on to your next case.