SPECIAL INFORMATION AND PROCEDURES
SUBMISSION OF ORDERS
- All orders must be submitted pursuant to the appropriate Local Rule(s).
- Any party submitting an order in which the submitting party is mailing copies should include the following language (or similar language) at the end of the order, “John Doe, Esq., is directed to mail a conformed copy of this Order to all interested parties immediately upon receipt of this Order and shall file a certificate of service with the Clerk of the Court.
- The title of submitted orders should contain a description of the motion which is resolves AND reflect the Court’s decision on the motion. See Local Rules 9004-1, 9004-2, and 9072-1.
- Please be sure that all signature pages contain text from the Order.
- A copy of the signed order may be returned to you either electronically or conventionally, to serve upon all interested parties. Immediately upon receipt of the copy, you shall mail copies to the other parties in interest and file a Certificate of Service with the Clerk of the Court.
- If your proposed order follows a hearing, please refer to the date and time of the hearing in the body of your order. Pursuant to Local Rule 5005-1(G)(1) and the Court’s Guidelines for Preparing, Submitting and Serving Orders, Proposed orders on non-emergency matters set for hearing should be uploaded via “EOrders” following the hearing. In undecided matters, attorneys must submit opposing orders to the judge’s email inbox at AJC_chambers@flsb.uscourts.gov. All orders should be submitted in MSWord or WordPerfect format.
- If your proposed order cancels an upcoming hearing, please refer to the date and time of the cancelled hearing in the body of your order. If the hearing is requested to be cancelled pursuant to agreement of parties, please include the language “agreed” in the title of your agreed order.
- Ex Parte orders must refer to the filed ex parte motion. Please include the language “ex parte” in the title of your ex parte order. Agreed orders should also reference the filed agreed motion, and should include the language “Agreed” in the title of the agreed order.
- Orders requesting Employment of a Professional must reference the filed motion and affidavit of professional to be employed. The specific terms of employment should be set forth in your order. Orders granting employment “on terms set forth in motion” will not be entered. See Local Rules 2014-1 and 9013-1(C)(3).
- Orders Extending Time to File Schedules, etc. must reference the filed motion. Additionally, in the body of your motion, please state the date of the 341 meeting or state that no meeting has been set. See Local Rule 9013-1(C)(2).
- Orders Extending Time to File Complaint Objecting to Discharge or Dischargeability or Objecting to Exemptions must reference the filed motion, and the motion must indicate whether the parties have agreed and should also list the date the petition was filed. See Local Rule 9013-1(C)(6).
- Orders submitted after “Negative Notice” must reference the filed certificate of no response and filed motion. The certificate must contain the required language. See Local Rule 9013-1(D)(2).
- Check CM/ECF-PACER to determine the status of an order. For routine matters, you may call Judge Cristol’s Judicial Assistant to inquire about the status of an order ONLY if seven (7) days have elapsed from the date the order was submitted. For matters taken under advisement, you may call Judge Cristol’s law clerk to inquire about the status of the matter ONLY if sixty (60) days have elapsed from the later of the date of submission of proposed orders or memoranda or the date the matter was taken under advisement.
- Local Rules for the United States Bankruptcy Court for the Southern District of Florida govern all procedural aspects of the case. Judge Cristol strictly enforces the Local Rules. A copy of the Local Rules may be obtained on this web site or from the Clerk’s office.
- Relief sought by pro se parties should be by motion clearly stating the specific relief requested. Pro Se parties should be familiar with and should follow the Local Rules.
NO EX PARTE COMMUNICATIONS
- Judge Cristol does not entertain any oral or ex parte communications. Federal Rule of Bankruptcy Procedure 9003 prohibits ex parte communications with the judge by any party in interest regarding any matter affecting a particular case.
- The courtroom deputy will set all hearings (except certain Chapter 7 and Chapter 13 matters which may be self-calendared – see Guidelines for Self-Calendaring), execute the notices and return them to the movant for service. The movant should then file a certificate of mailing along with the notice of hearing with the Clerk of Court prior to the hearing.
- Continuances of hearings may be requested by an agreed motion for continuance filed with a proposed order. If the parties do not agree, the motion for continuance will be set for hearing.
- Cases settled prior to a hearing may be removed from the calendar by submission of either an agreed order or notice of withdrawal at least two (2) business days prior to the hearing (please refer to the date of the hearing to be cancelled in the notice or order).
- For viewing Judge Cristol’s Hearing Calendars.
- UNDER NO CIRCUMSTANCES MAY ANY PARTICIPANT RECORD OR BROADCAST THE PROCEEDINGS CONDUCTED BY THE BANKRUPTCY COURT
- Beginning May 1, 2015, all telephone appearances before Judge Cristol will be through COURTCALL. CourtCall may be contacted at www.courtcall.com and by telephone at (866) 582.6878.
- Telephone appearances through CourtCall are permitted on all motion calendars, except motion calendars in Chapter 13 cases scheduled on Chapter 13 calendar days, and as otherwise restricted by the Court (see below). Telephone appearances through Court Call are permitted in Chapter 13 hearings that are scheduled on non-Chapter 13 calendar days, subject to the restrictions below.
- Absent an emergency, telephone appearances may be arranged by calling Court Call not later than 6:00 p.m. prevailing Eastern Time on the court day prior to the hearing date. Any request for a telephonic appearance made after the 6:00 p.m. deadline must be approved by contacting Judge Cristol’s Courtroom Deputy, Susan Gutierrez at (305) 714-1778, but such request will normally not be granted in the absence of an emergency.
A WAIVER OF THE COURTCALL FEES CAN BE APPROVED FOR PRO SE PARTIES WHO HAVE PREVIOUSLY BEEN GRANTED IN FORMA PAUPERIS STATUS, PARTIES REPRESENTED BY LEGAL SERVICES ON A PRO BONO BASIS, AND CERTAIN GOVERNMENTAL ENTITIES, IF REQUESTED PRIOR TO THE HEARING AND APPROVED BY JUDGE CRISTOL. IF SUCH REQUEST IS APPROVED, THE COURT WILL NOTIFY COURTCALL PRIOR TO THE HEARING OF SUCH WAIVER OF FEES.
- Telephonic appearances are NOT permitted for the following matters (unless you are merely listening to the proceeding):
- Trials and evidentiary hearings – all counsel and all witnesses must appear in person, except as otherwise authorized by the Federal Rules of Bankruptcy Procedure and subject to court order.
- Chapter 11 status conferences and Chapter 11 confirmation hearings.
- Chapter 13 hearings, except those that are scheduled on non-chapter 13 calendar days.
- Discovery disputes (unless the Court authorizes the telephonic appearance and local counsel is present in the courtroom).
- Motions to reopen and/or reinstate filed in any case under any chapter.
- Any matter designated by the Court as one requiring a personal appearance.
- Persons attending by telephone must be available when the hearing is scheduled. However sometimes matters start late and there is no guarantee a matter will be heard at the time scheduled on the calendar. In some instances, a matter may be called a half hour or more after it is scheduled.
- Counsel appearing telephonically may not use a speakerphone; a handset must be used. ON INITIAL APPEARANCE COUNSEL SHOULD STATE HIS OR HER NAME AND SPELL THE LAST NAME. THEREAFTER, COUNSEL SHOULD STATE HIS/HER NAME EACH TIME HE/SHE SPEAKS SO THE ELECTRONIC COURT REPORTING SYSTEM CAN IDENTIFY WHO IS SPEAKING.
- If there is an equipment failure for any reason, the Judge will continue with the hearing without participation of counsel or the party appearing telephonically. Persons appearing by phone assume the risk of prejudice that may result from not being present in person and possibly unable to therefore advance the party’s points in favor of, or in opposition to, the relief requested.
HAVE A NICE DAY.