GENERAL SCHEDULING AND PROCEDURES
JUDGE ANGELA A. DEMPSEY
101 N. Alabama Ave., Rm C347
DeLand, FL 32724
Phone: 386-822-5008
Fax: 386-822-5012
Judicial Assistant (J.A.): Cheryl Herald, [email protected]
1. Motions must be filed/e-filed with the Clerk before a hearing will be scheduled. STATE IN
YOUR MOTION THE POSITION OF OPPOSING COUNSEL—WHETHER THEY OBJECT
OR NOT TO THE MOTION.
2. Hearings must be coordinated with opposing counsel and confirmed with the Judicial Assistant.
Once confirmed, a copy of the notice of hearing must be sent to the J.A. by email, fax, or mail.
DO NOT notice additional matters for hearing at the time reserved by another party, unless the
other party has consented, and the additional matters are coordinated/confirmed with the J.A.
3. Notices of Hearing must have the location (Hearing Room #2: D-312)); name of the motion you
are calling up for hearing; the time set aside for the hearing; and the Clerk’s document number
for the motion you are setting for hearing. If you do not know the document number, look it up.
The Clerk’s docket is available to the public. Evidentiary hearings should be noticed as such.
4. Telephonic Appearance at Hearings: Attendance by telephone is usually permitted for
hearings of 30 minutes or less, by contacting and making arrangements with CourtCall at (888)
882-6878 at least seventy-two (72) business hours before the scheduled hearing, however, there is
no telephone appearance permitted at Small Claims Pre-trials or trials without good cause
shown and permission of the Court.
(In other words, no motion/order is necessary to appear at a hearing less than 30 minutes, if
CourtCall is being used, the hearing is not a Small Claims Pre-trial Conference, and the
appearance is not for the purpose of giving testimony)
Telephonic Appearances for evidentiary hearings and trial may be granted upon filing a written
motion. Please note, under the rules, testimony may not be presented via telephone unless there
is someone on the other end that can properly swear in the witness. All parties must agree to the
witness appearing by telephone, unless your case is governed by the Small Claims Rules.
5. Case Law/Memoranda of Law are appreciated; it is helpful if received at least three (3) business
days in advance of the hearing date so that the judge can read them prior to the hearing.
6. Proposed Orders: The Court is now electronically signing orders. All proposed orders may be
emailed to [email protected] in an up-to-date WORD format. PDF orders may not be
accepted, however if the Judge needs to make a change to your order, it will have to be resent in a
WORD format and may result in delay of your order being entered.
7. Order Formatting Requirements: The subject line of the email should state “Proposed Order”
and be properly circulated between the parties BEFORE submitting to the Court. The
[email protected] email is solely for the purpose of submitting PROPOSED
ORDERS; it does not allow for a reply and/or forward. DO NOT SUBMIT OTHER
PLEADINGS OR REQUIESTS VIA THIS DIVISION EMAIL ADDRESS.
All proposed orders in WORD must contain the following:
DONE and ORDERED in Chambers at DeLand, Volusia County, Florida.
{Signature}
ANGELA A. DEMPSEY
COUNTY JUDGE
(Note: do not put in date line. The above {Signature} must be right aligned – DO NOT TAB
OVER)
Copies to:
Attorney’s name (eService by Clerk) (Note: DO NOT PUT ANY EMAIL ADDRESSES OR
PHYSICAL ADDRESSES IN ORDER – THE CLERK WILL SEND TO EMAIL ADDRESS
ASSOCIATED WITH CASE IN E-PORTAL)
Any self –represented parties must have complete address(es) in the format below:
John Doe
123 Any Street
Anywhere, FL 32720
All proposed orders in PDF must contain the following:
DONE and ORDERED in Chambers at DeLand, Volusia County, Florida.
_____________________________
ANGELA A. DEMPSEY
COUNTY JUDGE
(Note: do not put in date line)
Copies to:
Attorney’s name (eService by Clerk)
John Doe
123 Any Street
Anywhere, FL 32720
*Order(s) submitted to the Court that do not follow the above instructions may be rejected*
8. Motions to Compel Discovery. Please see Administrative Order CV-2004-004-SC(A) prior to
filing motions to compel discovery.
9. Motions to Withdraw do not need to be set for hearing if you have a signed consent from your
client provided with the motion.
10. Agreed Orders should state that they are agreed to by all parties within the order, or stipulations
may be filed and a copy of the signed stipulation submitted with the proposed order.
11. Unsolicited Communication: Unsolicited letters, emails, or communications of any type should
not be sent/directed to the court (for example, complaining of conduct of another party or
attorney). The court’s J.A. is not permitted to relate to the court the contents of any conversations
which would be considered improper ex parte communication with the court.
Note to
unrepresented parties: If you have a request of the Court, i.e. a request to continue a
hearing or mediation, appear by phone, etc.., then you must file such request as a motion
with the Clerk of Court, and send a copy to all parties.
12. Telephonic Appearances at Mediation in Small Claims and Eviction cases may be granted
upon written motion showing good cause. However, currently County Court Mediation Services
in DeLand does not have the capability for phone appearances at mediation. If an attorney or
their client can provide a cell phone, then the attorney or client may still be able to appear
telephonically, but not both.
13. Courtroom Decorum: Parties and counsel should be respectful, professional and civil to the
court, court staff, and each other at all times during court proceedings. Address objections and
any remarks to the court, and not to opposing counsel/party. Avoid all disparaging personal
remarks or acrimony toward opposing counsel. Refer to all persons by their surnames with the
appropriate “Miss, Ms., Mrs., or Mr., Dr.,” etc.
14. Decorum in communications with Court’s Judicial Assistant: Parties and Counsel should
have the same respect and professionalism in dealing with the Court’s Judicial Assistant for
scheduling and other ministerial matters as they would in the Courtroom. The Court’s J.A.
should not be used as a “referee” between counsel’s legal assistants.
15. Jury Trials: See Uniform Pretrial Procedures.
(AMENDED March 2017)