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PAMELA A.M. CAMPBELL Circuit Judge Pinellas and Pasco Counties Civil Division, Section 11 St.

Petersburg Judicial Building 545 First Avenue North, Room 300 St. Petersburg, FL 33701 Phone: (727) 582-7550 Fax: (727) 582-7806 Updated: January 25, 2011 GENERAL CIVIL PRACTICE PREFERENCES (See Page 27 for Alphabetical Index) 1. COURTROOM DEMEANOR. Professionalism, civility, integrity nothing less will be tolerated. Administrative Order No. PA/PI-Cir-99-46: Standards of Professional Courtesy for the Sixth Judicial Circuit will be STRICTLY enforced. Professionalism and courtesy is expected and always appreciated, at all times. 2. HEARINGS: Most hearings are held in Chambers. For specific instructions on setting hearings see Appendix A. Scheduling hearings are done primarily through email with my Judicial Assistant, Teresa Muhlstadt at tmuhlstadt@jud6.org. 3. DEPOSITION DISPUTES: Attempt an immediate telephone hearing, otherwise, certify question and set hearing. 4. UNIFORM MOTION CALENDAR (CIVIL): Section 11 does not have a Uniform Motion Calendar, per se. In the past, attorneys have scheduled 5 minute hearing times for issues that take much longer, therefore, it is up to the discretion of the Judge, based upon the Motion, as to whether or not it will be put on during a five minute hearing calendar. PLEASE STATE IN YOUR REQUEST THAT YOU ARE ASKING FOR 5 MINUTES. 5. TELEPHONE HEARINGS: A telephone hearing will be permitted on non-evidentiary matters, as per Rule of Judicial Administration, 2.071. Hearing by telephone MUST BE SET FORTH IN THE NOTICE OF HEARING. The party filing the notice shall be responsible for advising the Court and all parties of the telephone nature of the hearing, who will be attending by phone and, if there are more than two parties attending, arranging the conference call, with the Judge being called last.

6. EXPEDITED HEARING TIMES: In the event you have reviewed our hearing list and determined that there is not a date available within the time range required in your motion, you may request an expedited hearing time, if the facts of the case permit. Please submit, by email or facsimile, your Motion to Set Expedited Hearing setting forth the extenuating circumstances requiring the special set hearing and a copy of the motion that you need to set for hearing. Be sure to include the amount of time that you need for the hearing. 7. EMERGENCY MOTIONS (All): Any Emergency and/or Expedited Motions shall be faxed or emailed to the Court at (727) 582-7806 or to tmuhlstadt@jud6.org and will be considered by the Court as soon as possible. The Court will determine if a bona fide emergency or need for an expedited hearing exists. In the event the Court agrees, the Judicial Assistant will contact the parties to set up a time for the hearing. Note: Emergency/Expedited hearings involve matters in which the moving party will suffer irreparable harm/damage if relief is not granted immediately. Opposing counsel/party is to be provided with any Emergency/Expedited Motions in the same manner as the Court, unless lawful reasons exist that prevent notice are stated in motion. 8. PROPOSED ORDERS:

(a) All proposed Orders MUST be pre-approved by opposing counsel BEFORE forwarding to the Court, AND so stated in the cover letter. If there is a disagreement, see (c), below. (b) Judges Signature: Orders should not be submitted to the Court that contain only the Judges signature on the last page. Some part of the body of the Order shall accompany the Judges signature block. (c) PROPOSED ORDERS (Disagreements): In the event the parties are unable to reach an agreement as to the form of an Order to be provided to the Court, the parties may contact my Judicial Assistant and arrange for a telephone conference with the Judge, prior to setting any hearings or sending proposed Orders to the Court for the purpose of efficiency. (d) ENVELOPES: Any documents provided to the Court that require a return of a document to party shall be accompanied by a self-addressed, stamped envelope that also contains the return address of the party submitting the document to the Court.

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MEDIATION

(a) Civil: All cases must go to mediation prior to being set for jury or non-jury trial. In the event the parties believe that mediation will not lead to a resolution of the issues, a hearing must be held and an Order entered allowing the case to proceed to trial without first going to mediation. (b) Homestead Foreclosures: Administrative Order 2010-025 PA/PI-CIR dated May 21, 2010, sets forth the specificities of mediation (Residential Mortgage Foreclosure Mediation Program RMFMP) as to foreclosures and can be reviewed at http://www.jud6.org/LegalCommunity/LegalPractice/AOSAndRules/aos/aos2010/2010025.htm . (c) Non-Homestead Foreclosures: A case involving a non-homestead or commercial property will only be referred to mediation upon written request of the lender or borrower and will not be automatically referred to mediation. 10. MOTIONS TO COMPEL: When a Motion to Compel alleges a complete failure to respond or object to discovery, and there has been no request for extension, an ex parte order, without hearing, may be entered requiring compliance with the original discovery demand within (10) ten days of the signing of the Order. Movant shall submit a cover letter, the Motion, proposed Order, along with appropriate copies and envelopes to the Court for consideration and will copy opposing counsel/party. 11. MOTIONS TO WITHDRAW: Motions to Withdraw will be considered by the Court without hearing only if your client has executed a consent to the attorneys withdrawal. Submit the consent, motion, proposed Orders and envelopes to the Court for consideration. The order MUST CONTAIN THE COMPLETE ADDRESS AND TELEPHONE NUMBER WHERE ALL FUTURE CORRESPONDENCE AND PLEADINGS MAY BE SENT TO THE CLIENT. In the absence of a signature from the client, a hearing, with proper notice to the client, must be set. 12. SUBSTITUTION OF COUNSEL: Rule of Judicial Administration 2.060(h) requires that all substitutions of counsel MUST BE SIGNED BY THE CLIENT. Furthermore, all orders for substitution MUST CONTAIN THE NEW ADDRESS OF THE PLAINTIFF/DEFENDANT/ATTORNEY and a working telephone number. In the absence of a signature from the client, a hearing, with proper notice to the client, must be set.

13. INDEPENDENT MEDICAL EXAMINATIONS: In order to resolve most IME issues, the Court has a standard Order which can be submitted with a Motion on an ex parte basis. Please refer to Appendix D for the standard order for examinations which should answer any questions regarding IME procedures. TRIAL PROCEDURES (See Appendix F Standing Trial Procedures) 14. PRE-TRIAL (General): Discovery cut-off is generally the pretrial date. The parties will submit to the Court ONE Uniform Pretrial Conference Order agreed upon by the parties at least five (5) business days prior to the pretrial date. The pretrial conference date is a mass motion calendar with all pretrials being scheduled at the same time on a given date for that specific months trial docket. 15. PRE-TRIAL (Attorneys): THE COURT REQUIRES PERSONAL ATTENDANCE AT THE PRETRIAL BY ALL PARTIES. Attendance by an attorney who will be at the trial of the matter is required. The Court DOES NOT ALLOW telephone appearances at pretrials. 16. TRIALS ( Pretrial Motions and Motions in Limine): Generally, Motions in Limine and other pretrial motions are heard prior to the date of trial. The Court tries to keep time slots available before the trial. The parties should review the Court schedule to determine when they should be scheduled before the Pretrial Conference. 17. TRIALS Motions and Stipulations to Continue Trials. THIS COURT MAINTAINS A FIRM POLICY REGARDING THE CONTINUANCE OF TRIALS in accordance with rule 2.540, Judicial Rules of Administration. The Court does NOT accept Stipulations for Continuance with proposed Orders submitted by mail. Any Motion for Continuance, even if by stipulation, must be set for hearing before the Court. 18. TRIALS (Motions for Summary Judgment): Motions for Summary Judgment in cases that have been set for trial, must be heard at least 30 (thirty) days prior to trial or the parties may waive their ability to have such a hearing. Caution: Attorneys intending to have Motions for Summary Judgment heard prior to trial should review the courts schedule early to ensure time availability.

19. TRIALS: Requesting a Trial Date. Submit a Notice that the Case is at Issue and Ready to be Tried. In the Notice, you must include the number of days required for trial, including jury selection, the type of case being tried and whether or not the case has been to mediation. If it has been to mediation, then the notice should contain the date it went to mediation and the outcome, i.e. impasse or partial settlement. The attorneys may agree to specific trial week by joint stipulation; however, it is the attorneys responsibility to contact the Judges office prior to entering into a stipulation to confirm date availability. 20. TRIALS (Discovery Cut-off): Generally, the discovery cut-off is at pretrial, unless circumstances require an alternative period. This issue may be addressed on a case by case basis or by stipulation of the parties and the Judges approval. Any procedural questions may be directed to the Judicial Assistant, preferably by email. 21. TRIAL (Experts): Except in ruling on an objection, the court should not declare that a witness is qualified as an expert or to render an expert opinion and counsel should not ask the Court to do so. (Standard 17, Civil Trial Practice Standards of the Section of Litigation of the American Bar Association 1998.) A judicial ruling that a proferred expert is qualified prior to the time that counsel has posed a precise question eliciting expert testimony is premature and, unless an objection is interposed, unnecessary. 22. TRIALS (DVDs, Powerpoint, Trial Graphics, Demonstrative Aids): All such evidence shall be marked and identified, prior to the commencement of trial. Any special audio/visual requirements should be directed to the Audio/Visual Department at (727) 464-7975 at least 10 (ten) days before trial. 23. TRIALS (Marking Evidence): Evidence shall be exchanged prior to trial. All evidence is to be pre-marked in advance of its intended use by counsel. Whenever possible, the parties shall provide the Court with an index of the exhibits to be used at trial by both sides. Where possible it is preferred to mark the exhibits with the Clerk prior to utilizing. 24. TRIALS (Tangible Evidence): After showing the exhibit to opposing counsel, it may be shown to the witness without first showing it to the Judge. If the Judge requests to see an exhibit, counsel may hand it over directly to the Court, after requesting permission to approach. 25. TRIALS (Memoranda, Trial Briefs, Case Law, etc.): Memoranda, trial briefs, case law, proposed findings of fact and law are not required, but if it will facilitate the trial, they are appreciated. They should be provided to the Court at least three (3) days prior to the trial date.
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26. TRIAL (Jury Instructions): Counsel for the parties are expected to confer prior to trial regarding proposed jury instructions and be ready to present a copy of the proposed instructions to the Court on the FIRST day of trial. If counsel intends to request the Court to read during voir dire or at the beginning of the trial, proposed instructions should be presented to the Court at the Pretrial Conference. The parties should also provide an electronic copy to the court by sending it to the Judicial Assistant at tmuhlstadt@jud6.org in Word format. 27. TRIAL CONDUCT:

Advise all parties and all witnesses to be appropriately dressed for Court and to disable all pagers and cell phones prior to entering the courtroom. Only bottled water is permissible in the courtroom. Publication of exhibits and other evidence to the jury should be done only with leave of Court so as to make the best use of trial time. Counsel should not address each other except for perfunctory matters such as stating the page and line of a deposition. Attorneys should instruct clients and witnesses to refrain from displaying pleasure or displeasure with arguments or evidence by gestures, facial expressions or audible sounds. If two or more lawyers represent a party, only one may question any one witness. Be extra careful to prevent the jury from seeing evidence or exhibits before introduction into evidence. Be alert and do not leave documents and exhibits exposed on the counsel table. Please call EVERYONE, including your clients, by the formal Dr. Reverend, Professor, Mr., Ms., Mrs. followed by the last name. This does not necessarily apply to children. At all times, please stand when speaking. It is established law that attorneys are not to assert their personal beliefs in general or their personal opinions on the justness of a cause, the credibility of a witness or the culpability of a cause, or of a litigant. The Court only allows direct, cross, re-direct examination. Additional questioning is by court permission only.
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The Court allows jurors to take notes and ask questions (in writing) of witnesses. Jurors are instructed not to be distracted by note-taking and not to give notes of another greater weight than their own recollection. You may make your objections to juror questions at the bench. Please dont voice your objections or the fact that you have no objection within the hearing of the jury. Voir Dire Format: Attorneys will inquire of the entire jury panel seated in the gallery. A seating chart with juror names will be provided. The Court will initiate voir dire questions and then counsel will follow with inquiry. Objections: Sidebar or bench conferences on objections or motions related to evidentiary matters are not favored and will rarely be permitted, if at all. Please do not make speaking objections. Objections in front of the jury can be made in no more than five words and preferably in three. Final Argument: The time available to you for final arguments will be limited and set by the Court. Arguments are limited to matters in evidence and all inferences reasonably to be drawn from the evidence together with references to matters of common knowledge. PLEASE DO NOT: Testify in the guise of argument or assert your personal belief. Do not suggest that you have personal knowledge of matters outside the evidence. Make golden rule arguments requesting the jury put itself in the place of the parties. Imply the judge favors one side or the other by a judicial ruling or otherwise. Elicit feedback, or any direct or immediate response of a juror. Appeal to sympathy, bias, or prejudice or seek to inflame the jury by arousing feelings of hatred or distrust. It is not the jurys duty to send any message. You may argue and use the jury instructions during closing, so long as they are recited accurately and in context.

28. TRIAL (Settlement): It is the responsibility of all parties to an action to contact the Judges office either by phone or email to advise of the settlement of a case. The parties should also advise the Court if there are any future hearings set on a matter that can be removed from the Courts calendar. 29. NON-JURY TRIALS: When requesting a date for a Non-Jury Trial, please submit a Notice to Set Non-Jury Trial with notice to all parties. As with jury trials, these cases must go to mediation prior to being set for trial. Your Notice should indicate that number of hours or days that are requested, the type of case being tried and the date that the case went to mediation and reached an impasse. Upon receipt and confirmation that the case was mediated, the court will enter an Order Setting Pretrial Conference and Non-Jury Trial.

FORECLOSURES 30. FORECLOSURES (Residential Property Final Hearings): As of July 12, 2010, all Uniform Final Summary Judgment hearings for residential property will be heard by one of two senior judges. In order to set a hearing for Final Judgments hearings ONLY, call the Foreclosure Case Manager in St. Petersburg for Judge Campbells cases at (727) 582-7700. 31. FORECLOSURES - RESIDENTIAL (All Non-Dispositive Motions): All hearings except for Final Summary Judgment hearings, including hearings for deficiency judgments and Motions for Final Judgment of Reforeclosure, shall be heard before Judge Campbell and NOT before the Senior Judges. 32. FORECLOSURES (Commercial Property Final Hearings): All hearings regarding commercial property, including Final Summary Judgments, will be heard before Judge Campbell. To schedule a hearing for Commercial property litigation, you should email your request for available hearing times to the Judicial Assistant (as set forth in Paragraph 2) and she will provide you with the most current listing of hearing dates. See Appendix E for a more detailed explanation of the foreclosure hearing process and the requirements for the Sixth Circuit and the State of Florida. 33. FORECLOSURES (Commercial Property All Hearings): ALL hearings concerning commercial property, including the Final Summary Judgment hearing shall be heard before Judge Campbell and NOT before the Senior Judges. 34. FORECLOSURES (Notices of Sale): DO NOT SEND NOTICES OF SALE TO THE COURT FOR COMPLETION OR TO BE FORWARDED TO THE PUBLISHER. As of January 2, 2010, the Lender is responsible for completing and submitting the Notice of Sale directly to the appropriate newspaper. Notices must be prepared and published in accordance with Chapter 45 and 702, Florida Statutes.

ALL FORECLOSURE SALES SET ON OR AFTER OCTOBER 4, 2010 IN PINELLAS COUNTY SHALL BE CONDUCTED ONLINE AT WWW.PINELLAS.REALFORECLOSE.COM AT 10:00 A.M. (SEE ADMINISTRATIVE ORDER NO. 2010-052 PI-CIR)
35. FORECLOSURES (Bankruptcy): Pursuant to Administrative Order 2010-025 PA/PI-CIR dated May 21, 2010, if, prior to the commencement of a foreclosure sale, the Clerk receives a suggestion of bankruptcy on behalf of a named defendant in that foreclosure case, the Clerk is directed to cancel the foreclosure sale.

36. FORECLOSURES (Certificate of Compliance): A Certificate of Compliance must be filed five (5) business days PRIOR to the final hearing for foreclosure. The form MUST BE COMPLETE and accurate. Form M - CERTIFICATE OF COMPLIANCE WITH FORECLOSURE PROCEDURES from Administrative Order 2010-025 PA/PI-CIR 37. FORECLOSURES (Uniform Final Judgment of Foreclosure): All proposed final judgments of foreclosure MUST be in the format of the Uniform Final Judgment of Foreclosure for the Sixth Judicial Circuit, unless otherwise specifically approved by Judge Campbell. ANY changes to the form must be brought to the attention of Judge Campbell at or before the final hearing. Form N - UNIFORM FINAL JUDGMENT OF FORECLOSURE from Administrative Order 2010-025 PA/PI-CIR 38. FORECLOSURES (Foreclosure Package for RESIDENTIAL Final Hearing): The Lender must deliver a foreclosure package to the foreclosure case managers at least (5) five business days prior to the final hearing date (See Appendix E for mailing addresses) which includes the following: a. Proposed Uniform Final Judgment of Foreclosure (Form N, above), with self-addressed, stamped envelopes shall include the return address of the firm providing the documents. The SALE DATE SHOULD BE BLANK, the amounts should all be completed, and the location of the sale shall be online and in accordance with Administrative Order No. 2010-052 PI-CIR. b. Original Promissory Note and any assignments (unless previously filed, in which case a copy of the notice of filing should be provided) c. A copy of the Certificate of Compliance (Form M, above)

d. A copy of the Notice of Hearing bearing a certificate of service date of not less than 20 days prior to the final hearing date, and containing the CORRECT LOCATION AT WHICH THE HEARING WILL BE HELD. e. Judge Campbell WILL NOT consider Affidavits of Non-Military Service made with personal knowledge signed by an attorney unless appropriate documentation is attached, such as a Department of Defense, Manpower Database Search Summary. DO NOT SEND AN ORIGINAL OR COPY OF THE NOTICE OF SALE.

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39. FORECLOSURES (Cancellations of Sales): If a Lender wishes to cancel a sale, a written Motion to Cancel AND Reschedule Foreclosure Sale and proposed Order Canceling and Rescheduling Foreclosure Sale must be filed in substantial compliance with Florida Rule of Civil Procedure form 1.996(b) and Administrative Order 2010-025 PA/PI-CIR, which requires that the reason for the cancellation be included AND the number of times that the sale has been canceled previously. You should fax a copy of the Motion and proposed Order to (727) 582-7806 and follow up with an original Motion, Original Order, copies and envelopes, immediately thereafter. 40. FORECLOSURES (Writs of Possession): The moving party may provide the Court with the Motion for Writ of Possession along with copies of the Certification of Notice to Tenants, Final Judgment of Foreclosure, and Notice of Sale, a proposed Order Directing Clerk to Issue Writ of Possession and appropriate copies and envelopes. Upon receipt of these items, the Court will consider entering an Order, ex parte, without hearing. 41. FORECLOSURES (Substitution of Party): When submitting a Substitution of Party Plaintiff PRIOR TO FINAL SUMMARY JUDGMENT, the Plaintiffs counsel must include the appropriate documentation that supports the allegations set forth in its Motion, including copies of assignments, etc. Absent the appropriate documentation, regardless of whether the original is filed in the court file or the public records, the entire package will be returned to the moving party, unsigned.

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APPENDIX A Instructions for Setting Hearings in Section 11 Judge Campbell Email: tmuhlstadt@jud6.org

Email your request for hearing times to the above address. Once you receive confirmation of the time and date from opposing counsel, please provide the following: 1. 2. 3. Complete case number, including section and type of case Name of the Motion to be Heard The party who is bringing the Motion, i.e., Plaintiffs Hearing on Defendants Motion to Dismiss Date you have chosen Hearing time requested Amount of time requested Full name of the Plaintiff(s) Full name of the Defendant(s), including all defendants affected by or noticed for the hearing Plaintiffs attorneys phone number, including the FIRM NAME Defendants attorneys phone number, including the FIRM NAME. Please include all attorneys attending the hearing and designate which defendant they represent Your full name and contact information, including email address State whether any party will be attending by phone. If so, you must file a Notice of Telephonic Hearing and YOU CALL US at the time of the hearing.

4. 5. 6. 7. 8.

9. 10.

11. 12.

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13. Once hearing times are obtained and cleared with opposing counsel and you send back an email requesting a confirmation of the date and time chosen, YOU MUST AWAIT confirmation from the Judicial Assistant BEFORE submitting your Notice of Hearing. The Judicial Assistant will confirm a hearing time with you usually within a few minutes of your email, but at times it may take up to 24 hours. If you do not hear back with a confirmation email within 24 hours, please email a reminder. In the event the division is closed for any reason, you will receive an automated email response which will advise you as to when the division will re-open. 14. After the hearing is confirmed you MUST SEND A COURTESY COPY OF THE NOTICE OF HEARING AND THE MOTION TO BE HEARD. Judge Campbell prefers to review files and motions ahead of the hearing time. In order to assure full preparation for your hearing, this is imperative.

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APPENDIX B Checklist for Residential Foreclosure Final Hearings 1. The Lender must deliver a foreclosure package to the Foreclosure Case Manager at least (5) five days prior to the final hearing date which includes the following: a. Proposed Uniform Final Judgment of Foreclosure (Form N, above), with self-addressed, stamped envelopes that include the return address of the firm providing the documents. The SALE DATE SHOULD BE BLANK, the amounts should all be filled in, the location of the sale shall be online and in accordance with Administrative Order No. 2010-052 PI-CIR which may be viewed at http://www.jud6.org/LegalCommunity/LegalPractice/AOSAndRules/aos/aos2010/2010052.htm b. Original Promissory Note (unless previously filed, in which case a copy of the notice of filing should be provided) c. A copy of the Certificate of Compliance (Form M, above)

d. A copy of the Notice of Hearing (must be mailed to other parties at least 20 days prior to the final hearing, with five days mailing time). DO NOT SEND AN ORIGINAL OR COPY OF THE NOTICE OF SALE. 2. Double-check any defaults against the main parties to ensure that the nonmilitary affidavits have been filed and that they have with them the Department of Defense, Manpower Database Search Summary, which can be obtained free of charge from the Department of Defense at the following web site: https://www.dmdc.osd.mil/appj/scra/scraHome.do 3. In the event that ownership of the mortgage has changed since the inception of the lawsuit, please ensure that all transfers are accompanied by proper documentation confirming the chain of title. 4. All stamped, self-addressed envelopes MUST CONTAIN YOUR FIRMS RETURN ADDRESS. We will NOT accept envelopes that are stamped and addressed to defendants that do not have your firms return address.

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5. The Foreclosure Case Managers review each foreclosure package and file in detail and any files not in compliance with Florida Statutes, and all other applicable rules and administrative orders, will be returned, unsigned, and will have to be re-set. 6. The most recent Administrative Order as of May 10, 2010, can be viewed

at: http://www.jud6.org/LegalCommunity/LegalPractice/AOSAndRules/aos/aos2010/2010025.htm

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APPENDIX C Checklist for COMMERCIAL Foreclosure Final Hearings 7. The Lender must deliver a foreclosure package to the Judge Campbell at the St. Petersburg Judicial Building, 545 First Avenue North, Suite 302, St. Petersburg, Florida 33701, least (5) five days prior to the final hearing date which includes the following: a. Proposed Uniform Final Judgment of Foreclosure (Form N, above), with self-addressed, stamped envelopes that include the return address of the firm providing the documents. The SALE DATE SHOULD BE BLANK, the amounts should all be filled in, the location of the sale shall be online and in accordance with Administrative Order No. 2010-052 PI-CIR which may be viewed at http://www.jud6.org/LegalCommunity/LegalPractice/AOSAndRules/aos/aos2010/2010052.htm b. Original Promissory Note (unless previously filed, in which case a copy of the notice of filing should be provided) c. A copy of the Certificate of Compliance (Form M, above)

d. A copy of the Notice of Hearing (must be mailed to other parties at least 20 days prior to the final hearing, with five days mailing time). DO NOT SEND AN ORIGINAL OR COPY OF THE NOTICE OF SALE. 8. Double-check any defaults against the main parties to ensure that the nonmilitary affidavits have been filed and that they have with them the Department of Defense, Manpower Database Search Summary, which can be obtained free of charge from the Department of Defense at the following web site: https://www.dmdc.osd.mil/appj/scra/scraHome.do 9. In the event that ownership of the mortgage has changed since the inception of the lawsuit, please ensure that all transfers are accompanied by proper documentation confirming the chain of title. 10. All stamped, self-addressed envelopes MUST CONTAIN YOUR FIRMS RETURN ADDRESS. We will NOT accept envelopes that are stamped and addressed to defendants that do not have your firms return address.

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11. Judge Campbell reviews each foreclosure package and file in detail and any files not in compliance with Florida Statutes, and all other applicable rules and administrative orders, will be returned, unsigned, and will have to be re-set. 12. The most recent Administrative Order as of May 10, 2010, can be viewed

at: http://www.jud6.org/LegalCommunity/LegalPractice/AOSAndRules/aos/aos2010/2010025.htm

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APPENDIX D

ORDER COMPELLING RULE 1.360 EXAMINATION Pursuant to Florida Rule of Civil Procedure 1,360, (Examinations of Persons), Defendants counsel has notified Plaintiffs counsel that the Plaintiff, _________, is requested to be present for a non-invasive medical examination as follows: Examiner: Address: Date: Time: Scope: THE FOLLOWING CONDITIONS ARE TO BE OBSERVED BY ALL PARTIES INVOLVED: 1. This examination is not a deposition so the examiner shall be limited to that information reasonably necessary to conduct the specialty-appropriate examination and evaluation of an individual, including a brief medical history as well as present complaints. The examination is to be limited to the specific medical or psychological conditions in controversy and unless modified by another court order, such examination will be the only exam for the specific condition(s) or issues in controversy (without limiting the possibility of multiple specialties). No invasive testing shall be performed without informed consent by the Plaintiff/examinee, or further Order of Court. 2. The examinee will not be required to complete any lengthy information forms upon arrival at the examiners office. The examinee will furnish he doctor with name, address, and date of birth. Questions pertaining to how the Plaintiff was injured, and where and how the Plaintiff sustained the injuries complained of, are permitted. Questions pertaining to fault, when the Plaintiff hired his/her attorney, who referred the Plaintiff to any doctor, and what the Plaintiff told his attorney or any investigators are NOT permitted. 3. It shall be the defense attorneys responsibility to provide the examiner with all medical records, imaging studies, test results, and the like, which the defense wants the examiner to review and rely upon as part of the examination. Unless he or she has exclusive control of any original records or imaging studies, Plaintiff shall not be required to bring anything to the exam other than valid identification (e.g., Drivers License, Official Florida Identification Card or government-issued Passport).

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4. Plaintiff is permitted to have his/her attorney (and spouse or parent, or other representative) present for the examination, provided that only one of these listed nonattorney persons may attend. Such person(s) may unobtrusively observe the examination, unless the examiner or defense counsel establishes a case-specific reason why such persons presence would be disruptive, and that no other qualified individual in the area would be willing to conduct the examination with such person present. In the case of a neuropsychological exam, all observers shall watch and listen from an adjacent room if available, or by video feed. If the examination is to be recorded or observed by others, the request or response of the examinees attorney shall include the number of people attending, their role, and the method(s) of recording. 5. Plaintiffs counsel may also send a court reporter or a videographer to the examination, provided that claimants counsel notifies defense counsel at least 10 days in advance of the identity, either by proper name or by title (e.g., videographer from XYZ Reporting Service). It is the duty of the defense counsel to relay this information to the examiners office personnel. 6. Neither Defendants attorney nor any of Defendants representatives may attend or observe, record or video the exam. Only if the video is identified as impeachment material for use at trial may the defense counsel obtain a copy. The medical examiner shall not be entitled to any payment of an additional or accommodation fee from the Plaintiff or his/her counsel, simply because of the presence of legally permitted third parties. The Court shall reserve ruling as to whether such costs, if imposed by an examiner, may be properly recoverable by the Defendant as a taxable cost, or otherwise awarded by the Court. 7. If a videotape or digital recording is made of the examination by counsel for Plaintiff, it is considered work-product, and neither the defense nor the examiner is entitled to a copy, unless and until same is designated as (or reasonably expected to become) trial evidence, subject to discovery only upon a showing of need and undue hardship. Use of the video or DVD is limited specifically to the instant litigation. At the close of litigation, including any appeal, all copies shall be destroyed unless counsel convinces the Court (and an order is entered) that there is some compelling reason for either party, or the examiner, to retain a copy. 8. Neither Plaintiffs counsel, nor anyone else is permitted to be present, shall interject themselves into the examination unless the examiner seeks information not permitted by this Order. If Plaintiffs counsel speaks openly or confers privately with the examinee, and this disrupts the exam or causes the examiner to terminate the examination, counsel may be subject to sanctions.

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9. The report of the examiner shall be sent to Plaintiffs counsel, as required by Rule 1.360(b), within 30 days of the examination but in no event less than 21 days before the beginning of trial, unless otherwise agreed between counsel for the parties or ordered by the court due to special problems. Unless a Plaintiffs treating or retained expert has revised or supplemented an opinion after his/her report or deposition, the examiner shall not change, amend, or supplement the opinions set forth in said report during any testimony (deposition or trial) he may give in reference to his examination of the Plaintiff, without providing a supplemental rep0ort, which must be provided to Plaintiffs counsel at least 15 days before trial. Violation of this provision may result in the limitation or striking of the examiners testimony. 9(a) If the examination involves neuropsychological testing: In addition to the report, the examiner shall provide all raw data, including copies of all notes, tests, tests results, scoring, and test protocols, to Plaintiffs treating or retained psychologist or neuropsychologist, who must return them to the defense examiner at the conclusion of the case. 10. All protected health information generated or obtained by the examiner shall be kept in accordance with HIPPA requirements and shall not be disseminated by the examiner or defense counsel to any other person or entity not a party to this case without a specific order from this Court. 11. Defense counsel must provide the examiner with a copy of this Order and explain the need for the examiners compliance. As a condition of performing the examination, the examiner shall agree to provide responses to FRCP 1.280(b)(4)(A) inquiries, once such interrogatories or Requests to Produce are propounded by Plaintiff.

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APPENDIX E

Residential Foreclosure Final Hearings


STARTING JULY 12, 2010 (See Appendix B for specific required items to be provided to the Court)
ALL RESIDENTIAL MOTIONS FOR SUMMARY JUDGMENT ONLY WILL BE SET BEFORE SENIOR JUDGES AND NOT THE DIVISION JUDGE. ALL NON-DISPOSITIVE MOTIONS SHOULD BE SET BEFORE THE SECTION JUDGE AND NOT THE SENIOR JUDGE.

FOR JUDGE CAMPBELL IN ST. PETERSBURG THEY WILL BE SCHEDULED ON Tuesdays and Fridays with 60 cases at 9:00 am and 40 cases at 1:30 p.m. CALL (727) 582-7700 to schedule. As of July 12, 2010, if you are setting a hearing in ST. PETERSBURG on a Motion for Summary Judgment of Foreclosure on a RESIDENTIAL property (homestead or not) you will CALL (727) 582-7700 to obtain available hearing dates and times. ST. PETERSBURG MAILING INSTRUCTIONS All residential foreclosure packages for any dates AFTER JULY 12, 2010, for St. Petersburg, even if they were already scheduled with Judge Campbells Judicial Assistant should be sent to: By Overnight Service to: St. Petersburg Judicial Building Attn: Foreclosure Case Manager 545 First Avenue North, 5th Floor St. Petersburg, FL 33701 By Regular Mail to: St. Petersburg Foreclosure Case Managers 501 First Avenue North, Room 633 St. Petersburg, FL 33701 All HEARING LOCATIONS scheduled after July 12, 2010, for St. Petersburg Residential Mortgage Foreclosure Summary Judgment Hearings ONLY shall be noticed for: St. Petersburg Judicial Building 545 First Avenue North 2nd Floor, Courtroom F St. Petersburg, FL 33701

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APPENDIX F Standing Trial Procedures Section 11 Pamela A.M. Campbell, Circuit Judge PRE-TRIAL (General): Discovery cut-off is generally the pretrial date. The parties will submit to the Court ONE Uniform Pretrial Conference Order agreed upon by the parties at least five (5) business days prior to the pretrial date. The pretrial conference date is a mass motion calendar with all pretrials being scheduled at the same time on a given date for that specific months trial docket. PRE-TRIAL (Attorneys): THE COURT REQUIRES PERSONAL ATTENDANCE AT THE PRETRIAL BY ALL PARTIES. Attendance by an attorney who will be at the trial of the matter is required. The Court DOES NOT ALLOW telephone appearances at pretrials. TRIALS ( Pretrial Motions and Motions in Limine): Generally, Motions in Limine and other pretrial motions are heard prior to the date of trial. The Court tries to keep time slots available before the trial. The parties should review the Court schedule to determine when they should be scheduled before the Pretrial Conference. TRIALS Motions and Stipulations to Continue Trials. THIS COURT MAINTAINS A FIRM POLICY REGARDING THE CONTINUANCE OF TRIALS in accordance with rule 2.540, Judicial Rules of Administration. The Court does NOT accept Stipulations for Continuance with proposed Orders submitted by mail. Any Motion for Continuance, even if by stipulation, must be set for hearing before the Court. TRIALS (Motions for Summary Judgment): Motions for Summary Judgment in cases that have been set for trial, must be heard at least 30 (thirty) days prior to trial or the parties may waive their ability to have such a hearing. Caution: Attorneys intending to have Motions for Summary Judgment heard prior to trial should review the courts schedule early to ensure time availability. TRIALS: Requesting a Trial Date. Submit a Notice that the Case is at Issue and Ready to be Tried. In the Notice, you must include the number of days required for trial, including jury selection, the type of case being tried and whether or not the case has been to mediation. If it has been to mediation, then the notice should contain the date it went to mediation and the outcome, i.e. impasse or partial settlement. The attorneys may agree to specific trial week by joint stipulation; however, it is the attorneys responsibility to contact the Judges office prior to entering into a stipulation to confirm date availability.

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TRIALS (Discovery Cut-off): Generally, the discovery cut-off is at pretrial, unless circumstances require an alternative period. This issue may be addressed on a case by case basis or by stipulation of the parties and the Judges approval. Any procedural questions may be directed to the Judicial Assistant, preferably by email. TRIAL (Experts): Except in ruling on an objection, the court should not declare that a witness is qualified as an expert or to render an expert opinion and counsel should not ask the Court to do so. (Standard 17, Civil Trial Practice Standards of the Section of Litigation of the American Bar Association 1998.) A judicial ruling that a proffered expert is qualified prior to the time that counsel has posed a precise question eliciting expert testimony is premature and, unless an objection is interposed, unnecessary. TRIALS (DVDs, Powerpoint, Trial Graphics, Demonstrative Aids): All such evidence shall be marked and identified, prior to the commencement of trial. Any special audio/visual requirements should be directed to the Audio/Visual Department at (727) 464-7975 at least 10 (ten) days before trial. TRIALS (Marking Evidence): Evidence shall be exchanged prior to trial. All evidence is to be pre-marked in advance of its intended use by counsel. Whenever possible, the parties shall provide the Court with an index of the exhibits to be used at trial by both sides. Where possible it is preferred to mark the exhibits with the Clerk prior to utilizing. TRIALS (Tangible Evidence): After showing the exhibit to opposing counsel, it may be shown to the witness without first showing it to the Judge. If the Judge requests to see an exhibit, counsel may hand it over directly to the Court, after requesting permission to approach. TRIALS (Memoranda, Trial Briefs, Case Law, etc.): Memoranda, trial briefs, case law, proposed findings of fact and law are not required, but if it will facilitate the trial, they are appreciated. They should be provided to the Court at least three (3) days prior to the trial date. TRIAL (Jury Instructions): Counsel for the parties are expected to confer prior to trial regarding proposed jury instructions and be ready to present a copy of the proposed instructions to the Court on the FIRST day of trial. If counsel intends to request the Court to read during voir dire or at the beginning of the trial, proposed instructions should be presented to the Court at the Pretrial Conference. The parties should also provide an electronic copy to the court by sending it to the Judicial Assistant at tmuhlstadt@jud6.org in Word format.

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TRIAL CONDUCT: Advise all parties and all witnesses to be appropriately dressed for Court and to disable all pagers and cell phones prior to entering the courtroom. Only bottled water is permissible in the courtroom. Publication of exhibits and other evidence to the jury should be done only with leave of Court so as to make the best use of trial time. Counsel should not address each other except for perfunctory matters such as stating the page and line of a deposition. Attorneys should instruct clients and witnesses to refrain from displaying pleasure or displeasure with arguments or evidence by gestures, facial expressions or audible sounds. If two or more lawyers represent a party, only one may question any one witness. Be extra careful to prevent the jury from seeing evidence or exhibits before introduction into evidence. Be alert and do not leave documents and exhibits exposed on the counsel table. Please call EVERYONE, including your clients, by the formal Dr. Reverend, Professor, Mr., Ms., Mrs. followed by the last name. This does not necessarily apply to children. At all times, please stand when speaking. It is established law that attorneys are not to assert their personal beliefs in general or their personal opinions on the justness of a cause, the credibility of a witness or the culpability of a cause, or of a litigant. The Court only allows direct, cross, re-direct examination. Additional questioning is by court permission only. The Court allows jurors to take notes and ask questions (in writing) of witnesses. Jurors are instructed not to be distracted by note-taking and not to give notes of another greater weight than their own recollection. You may make your objections to juror questions at the bench. Please dont voice your objections or the fact that you have no objection within the hearing of the jury.
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Voir Dire Format: Attorneys will inquire of the entire jury panel seated in the gallery. A seating chart with juror names will be provided. The Court will initiate voir dire questions and then counsel will follow with inquiry. Objections: Sidebar or bench conferences on objections or motions related to evidentiary matters are not favored and will rarely be permitted, if at all. Please do not make speaking objections. Objections in front of the jury can be made in no more than five words and preferably in three. Final Argument: The time available to you for final arguments will be limited and set by the Court. Arguments are limited to matters in evidence and all inferences reasonably to be drawn from the evidence together with references to matters of common knowledge. PLEASE DO NOT: Testify in the guise of argument or assert your personal belief. Do not suggest that you have personal knowledge of matters outside the evidence. Make golden rule arguments requesting the jury put itself in the place of the parties. Imply the judge favors one side or the other by a judicial ruling or otherwise. Elicit feedback, or any direct or immediate response of a juror. Appeal to sympathy, bias, or prejudice or seek to inflame the jury by arousing feelings of hatred or distrust. It is not the jurys duty to send any message. You may argue and use the jury instructions during closing, so long as they are recited accurately and in context. TRIAL (Settlement): It is the responsibility of all parties to an action to contact the Judges office either by phone or email to advise of the settlement of a case. The parties should also advise the Court if there are any future hearings set on a matter that can be removed from the Courts calendar.

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NON-JURY TRIALS: When requesting a date for a Non-Jury Trial, please submit a Notice to Set Non-Jury Trial with notice to all parties. As with jury trials, these cases must go to mediation prior to being set for trial. Your Notice should indicate that number of hours or days that are requested, the type of case being tried and the date that the case went to mediation and reached an impasse. Upon receipt and confirmation that the case was mediated, the court will enter an Order Setting Pretrial Conference and Non-Jury Trial.

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Alphabetical Index by Subject


Description Appendix A Instructions for Setting Hearings Appendix B Checklist for Residential Foreclosure Hearings Appendix C Checklist for Commercial Foreclosure Hearings Appendix D Order Compelling Rule 1.360 Examination (IME/CME) Appendix E Residential Foreclosure Hearings Addresses Appendix F Trial Procedures Bankruptcy Foreclosures Certificate of Compliance Foreclosures CME Commercial Property Foreclosures Compel Motions Compliance Certificate of Compliance in Foreclosures Continuance Trials Demeanor Courtroom Depositions (Disputes) Disagreements Proposed orders Discovery Cut off for trials Emergency Hearings Evidence Trials Expedited Hearings Experts Trial Final Argument Final Judgment Package Foreclosures (Appendix E) Foreclosures Appendix B, C and E Foreclosures Bankruptcy Foreclosures Cancellation of Sales 35 36 13 32 10 36 17 1 3 8(c) 20 7 25 6 21 27 38 App. B,C,E 35 39 Paragraph Number

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Alphabetical Index by Subject


Description Foreclosures Certificate of Compliance Foreclosures Commercial Property Foreclosures Commercial Property Foreclosures Notices of Sale Foreclosures Packages (Appendix E) Foreclosures Residential Property Final Hearings Foreclosures Residential (non dispositive Motions) Foreclosures Sale Cancellations Foreclosures Substitution of Party Foreclosures Uniform Final Judgment Foreclosures Writ of Possession Hearings Emergency Hearings Expedited Hearings Telephonic Hearings (Appendix A) IME Jury Instructions Limine- Motions Marking Evidence Trials Mediation Motion for Summary Judgment Trials Motions Compel Motions Pretrial Motions Withdraw Motions in Limine Multimedia Trials Paragraph Number 36 32 33 34 38 30 31 35 41 37 40 7 6 5 2 13 27 16 24 9 18 10 16 11 16 22

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Alphabetical Index by Subject


Description Non-Jury Trials Notices of Sale Foreclosures Objections at Trial Orders Disagreements Orders Envelopes Orders Proposed Orders proposed Pretrial Attorneys Pretrial General Pretrial Motions and Motions in Limine Professionalism Proposed Orders Sale Cancellations Sales Notices for Foreclosure Settlements Substitution Counsel Substitution of Party Foreclosures Tangible Evidence Trials Telephone Hearings Trials Conduct Trials Continuance Trials Dates Trials Discovery Cut off Trials DVDs or other multimedia Trials Experts Trials Final Argument Paragraph Number 29 34 27 8(c) 8(d) 8 8(c) 15 14 16 1 8 56 34 28 12 41 25 5 27 17 19 20 22 21 27

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Alphabetical Index by Subject


Description Trials Jury Instructions Trials Marking Evidence Trials Memos of Law and Trial Briefs Trials Motions for Summary Judgment Trials Non-Jury Trials Objections Trials Settlement Trials Tangible Evidence Uniform Final Judgment of Foreclosure Uniform Motion Calendar Withdraw Motions Writ of Possession Foreclosures Paragraph Number 27 23 26 18 29 27 28 25 37 4 11 40

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