Other than as set out in this document, your opportunity to speak to the Judge happens

in Court only, not through a message delivered by the JA.

It is expected that attorneys and their legal staff as well as self-represented parties will be

polite and courteous in their contact with the JA and the Judge. It is also expected that

all attorneys and self-represented parties will adhere to Administrative Order 2013-075

PA/PI-CIR RE: STANDARDS OF PROFESSIONAL COURTESY FOR THE SIXTH

JUDICIAL CIRCUIT.

2. Scheduling Hearings and Case Status Inquiries: This office communicates

the length of time you wish to have set aside for said hearing. Please do not send out

the Notice of Hearing until the hearing time has been confirmed by the JA.

You must seek permission of the Judge’s office to add a motion/petition to a scheduled

hearing and said motion/petition must be cleared with opposing counsel. Motions and/or

petitions that are added and noticed without permission of the Court will not be heard.

Notice(s) of Cancellation of Hearing(s) must be filed via the Florida Courts E-Filing Portal

with the Clerk of Court. Please also notify the JA when a hearing is being canceled.

uploaded to JAWS are first accepted, docketed and reviewed by the Clerk’s office. If the

pleadings are sufficient, the probate clerk then sends the proposed Order to the work

queue for Judge Stearns in JAWS for signature. Judge Stearns customarily signs the

Order the same day he receives it in his work queue. Due to the volume of pleadings

received and the workload of the clerk’s office, it often takes approximately 30 days for

new pleadings to be reviewed and processed by the Clerk. The Clerk’s office will often

have case(s) pending before they are sent to the Judge’s queue for review (usually

because of missing documents). Once the Clerk sends a file/proposed Order(s)to the

Judge, please allow at least three business days (a) for entry of the Order(s); (b) for the

Clerk to docket the Order(s); and (c) for the Clerk to notify counsel via e-mail (if

must be electronically submitted via the Florida Courts E-Filing Portal. All proposed

Orders should be uploaded through JAWS in pdf format. In most cases, proposed orders

sent directly to the Judge’s office will be returned unsigned to be properly e-filed.

The Judge’s office cannot accept original documents for filing with the Pasco County

Clerk of the Circuit Court or checks for certified copies of orders. You must send those

documents directly to the Clerk of Court.

In all but the most exceptional circumstances, documents must be e-filed via the

Florida Courts E-Filing Portal and posted on the docket before the Court will take

4. Bonds (Estates): In setting an appropriate bond, the Judge evaluates each case

and assets individually, however, typically, the minimum bond set is $18,000 as that is

Bond Schedule:

Generally, the value of homestead property and exempt assets are excluded from the

total amount of assets in setting the bond. The bond exists to insure the performance of

the Personal Representative (PR) to both beneficiaries and creditors and only in

exceptional circumstances will it be waived. Examples of those circumstances include

cases in which the proposed PR is a licensed attorney or cases in which all beneficiaries

consent to bond being waived and the decedent has been dead for more than two (2)

years. If you wish to seek that bond be waived, e-file a motion setting out the specific

6. Ex-Parte: Judge Stearns does not do Ex-Parte appointments. Please inform the

clerk’s office if you have an uncontested, non-adversarial probate matter that needs to be

addressed on an expedited basis, and the Court will special set a hearing, if necessary.

The Court can usually set hearings within seven (7) to fourteen (14) days unless it is a

longer evidentiary hearing which usually can be set within thirty (30) days.

7. Extensions of Time: The court reviews and rules on many Petitions for Extension

of Time every day. Every Petition for Extension of Time must include the reason(s) the

extension is needed. Petitions which simply state that “more time is needed” are

8. “Homestead” or “Exempt” Property Sales Prior to the Expiration of

Creditor’s Period: Creditors of the estate have the right to object to petitions that may

result in a determination that property is exempt from their claims. Nevertheless, the

Court recognizes that there often may be a need to conduct a sale prior to the end of the

creditor period. Therefore, the Court will consider petitions to sell property which PRs will

eventually seek to determine to be “homestead” or “exempt” as long as the proceeds are

held in escrow or trust until such time as the creditors have been ascertained and are

noticed of the petitions to determine property to be protected from their claims. The

proposed orders authorizing any sales prior to the expiration of the creditor period must

between hearings and requirements of the Judge’s non Probate & Guardianship

It is very helpful to the Court, and expedites review and action, if sufficient information is

provided in the petition itself, or in separate correspondence, to enable the judge to

address the matter without conducting a time-consuming search through the case file. A

common area of concern is consent by or notice to interested persons. Another is the

applicable time periods and dates regarding Notice of Administration and Notice to

Creditors as they relate to homestead and exempt property petitions.

11. Orders on Review, Orders to File Required Documents, Orders to Show

Cause and Orders Disapproving (Guardianship) Reports – Written Response

Required: Attorneys often have legitimate reasons to disagree with orders of this nature

Neither the attorney nor any member of his or her staff should contact the Judge’s office

by telephone or email to “explain” the circumstances or ask the Judge for reconsideration.

The Court will have the opportunity to consider any explanation or request for

reconsideration in its review of the electronically filed written response. The Clerk’s office

will forward the written response to the Court for its consideration as well as any Priority

Request that has been made.

12. Petitions for Authorization to Act or Approve:

Contents of petitions seeking the Court to authorize or approve of actions of PRs

or guardians should be as thorough and specific as possible. It is difficult for the Judge

a real estate professional is necessary unless there are exceptional circumstances.

price, the court will not require further evidence of value.

Sale of Vehicles: In guardianship cases, a petition to sell a vehicle should include

reference to the market value of the vehicle by some generally recognized source such

as Kelley Blue Book or Edmunds. If the vehicle is being sold by the guardian through a

bidding process, the petition should include an explanation of how it was advertised for

bid or how bidders were chosen. In addition, in most cases, either a bid or written

statement declining to bid must be included from a generally recognized dealer such as

Approval for Medicaid Planning: Petitions seeking authority to act related to

plan, and the types of actions that will be taken in the process including whether a

personal services contract is included and, if so, the general terms of the contract.

Petition Seeking Authorization for a Do Not Resuscitate (DNR) Order: File a

13. NOTICE (DUE PROCESS REQUIREMENTS): Attorneys should be familiar with

applicable notice requirements including, but not limited to, Fla. Prob. R. 5.040 and

5.041. Generally, interested persons are required to receive appropriate notice of relief

sought. Thus, every petition or motion should contain a certificate of service stating who

noticing a case for Trial. If an impasse is reached at mediation, counsel may contact the

JA to set a Case Management Conference. Counsel and/or the pro se parties will be

required to bring their calendars to the Case Management Conference for the purpose of

scheduling a Pre-Trial Conference and/or Trial, if applicable.

15. Priority (ASAP) Matters: If you have a matter that requires priority handling, you

must notify the Clerk’s office of such. It will then be flagged as an “ASAP” for the Judge’s

review.

Please do not use the Priority (ASAP) Request as a means to have all routine issues

NOTE: Proposed Orders that contain a watermark or overlay of any type will not be

The following format should be used:

Proposed orders should be filled out as completely as possible. Because of the electronic

signing process, the filling in of blanks by the Judge is a very time consuming process.

Only in exceptional circumstances should there be any blanks in the body of the order for

the Judge to fill in. Attorneys should submit proposed orders containing the relief that is

sought and amount of attorney’s fees, costs, paralegal fees, etc. For example, when

the proposed order and shall not include regular office expenses such as postage and

photocopies. Any Order Authorizing Payment of Fees and Expenses without the proper

amounts in the proposed order shall be returned unsigned.

request along with the proposed order. If opposing counsel does not agree to the

proposed order, please also file a cover letter so indicating and stating that opposing

counsel will file an alternative proposed order within if desired. Of course, your cover

letter should also be sent to opposing counsel.

Proposed Amended Orders must normally be submitted with a properly filed Petition to

Amend Order. However, in cases involving an amendment to correct a scrivener’s or

other technical error, a short letter of explanation for the need of an amended order is

acceptable. Proposed amended orders submitted without any written explanation in

either motion or letter form will not be signed.

are missing so the Clerk’s office will prepare an Order Checklist and therefore it is

17. Substitution and Withdrawal of Counsel: Rule of Judicial Administration

2.505(e) (2) requires that the client agree in writing to substitution of counsel. Proposed

Orders approving stipulation for substitution of counsel submitted without the written

consent of the client will not be signed by the Judge. The Court will consider proposed

orders for withdrawal of counsel if accompanied by stipulations for same signed by all

parties. Otherwise a motion and hearing will be required. Also, a hearing will be required

in circumstances where the attorney is seeking to withdraw from representing either a PR

pandemic, the Courts are undertaking very significant measures to ensure the health of

everyone involved in the court system. Any case law or memoranda shall be provided

to the Court by mail or hand delivery at least three (3) business days prior to the

hearings of fifteen (15) minutes or less may be conducted telephonically upon request.

Judge Stearns conducts telephonic hearings using conference line number 352-218-

6739. Below are the instructions to place your call (please include this information on

your Notice of Hearing):

chambers are in New Port Richey. As such, Judge Stearns conducts any in person

equipment has been set up. Attorneys and/or clients may attend hearings at either

location according to their preference and convenience. For all Westside cases, the

attorneys and clients must attend in person at the New Port Richey courthouse as no

video conference equipment will be available for those hearings. Eastside trials and long

hearings must be set in New Port Richey. Note: No Westside cases will be set in Dade

City.