Special Info/procedures:
JUDGE A. JAY CRISTOL - 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 it resolves
AND reflect the Court's decision on the motion. See Local Rules 9004-1, 9004-2, 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. In undecided matters, attorneys must submit opposing orders with
corresponding disks.
- If your proposed order cancels an upcoming hearing, please refer to date and time of
cancelled hearing in 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 Rule 2014-1; 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 which must
indicate whether the parties have agreed and should also list 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).
- Note, please continue using Local Form -"Emergency Filing Cover Sheet" for
submission of urgent/emergency motions.
-
Local Rules
- 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.
-
Calendar
- The courtroom deputy will set all hearings,
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
-
Telephone Appearances
- Telephone appearances are not permitted in evidentiary matters. Requests to appear at a
hearing by telephone should be made exclusively to the courtroom deputy at least two business
days prior to the hearing. Permission to appear by telephone is granted on a case-by-case
basis.
- Have a nice day.
|