Judge James W. McCann

No Judge Picture available
Position
Circuit Judge
Division(s)
Appellate, Family
Office Address
Building B, Suite 448 218 South Second St. Fort Pierce, FL 34950
Courtroom
4B
Judicial Assistant
Mariaelena Cabrera
Assignment

St. Lucie: 50% of Domestic Relations Cases, including Injunctions for Protection (A-K of the alphabet).

Additional Information

PLEASE NOTE EFFECTIVE JANUARY, 2019 JUDGE McCANN’S COURTROOM WILL CHANGE 4B

Scheduling Hearings – UMC'S/Special Sets

All hearings set before Judge McCann are set through his Judicial Assistant; there is no option for setting on an interactive Calendar.

Should you need hearing time before Judge McCann you shall, first and foremost make certain that the pleading has been filed with the Clerk’s office, then you shall e-mail opposing counsel to determine how much time EVERYONE will need for the hearing. Once you have obtained that information you should forward those e-mails to the Judicial Assistant at (cabreram@circuit19.org) with your hearing request ***cc’d to ALL opposing parties in the case or your request will not be considered, indicating the Case Name and Number; what you are requesting to be heard; and how much time everyone is requesting.

Please note all UMC Hearings are 10 minutes or less and are non-evidentiary in nature (except for Final Dissolution of Marriage Hearings that are fully settled). As for Special Set hearings, they are evidentiary in nature; hearing date, time, and length are required to be agreed upon by all counsel, noting it on your Notice of Hearing. Please provide via e-mail the Notice of Hearing to cabreram@circuit19.org at least one (1) week prior to the hearing date or your hearing time will be given away. A hard copy of the proposed order should be brought with you to the hearing or e-mailed to the JA prior to the hearing date. Please provide all e-mail addresses if available so that any Orders/Final Judgments can be provided to all parties. Should you not have an e-mail address please provide self-addressed stamped envelopes to the Court the day of your hearing.

In addition, Notices of Hearing MUST contain a GOOD FAITH CERTIFICATION and include the amount of time set aside for the hearing as agreed to by ALL parties.

Temporary Relief Hearings will NOT be scheduled until the parties have attended Mediation.

Lastly, do not e-mail documents AND mail hard copies to this office. Please do either one or the other NOT both. THANK YOU

Notice of Trial

When your case is ready for trial, please provide my office with a Notice for Trial indicating the time requested for trial and your case will be scheduled on the next available Trial Date. The parties will be restricted to the time requested. No trial will be continued to a new date in the future if it does not conclude in the time requested. Except under extraordinary unforeseen circumstances, if the trial does not conclude in the time requested, a mistrial will be declared and an entirely new trial will be re-scheduled.
CASE MANAGEMENT CONFERENCES WILL ONLY BE SET IF SPECIFICALLY REQUESTED BY EITHER PARTY IN WRITING. ALL PARTIES AND COUNSEL ARE REQUIRED TO BE PRESENT AT THEIR SCHEDULED CASE MANAGEMENT CONFERENCE.

If you are self-represented and wish to inquire about your case status or are looking to schedule a hearing, you may complete a Form A or B (as applicable) at www.circuit19.org

Post Judgment Cases

All Post Judgment cases must be referred to the Magistrate. Please provide a proposed Order of Referral to Magistrate via e-mail along with a copy of the Motion and/or Petition for Modification. Once the Judge signs the Order of Referral, you may object in a timely manner. Should there be an Objection entered, the case then would be heard before the Judge. Should no Objection be filed, the case would then remain with the Magistrate and the Magistrate’s assistant would handle any hearing dates and/or questions.

Pleadings

Please note, all original pleadings must be filed with the Clerk of Court. It is not the Judge’s office’s responsibility to file original pleadings.

Legal Advice

Should you contact this office with any legal questions , be advised, we are not at liberty to provide legal advice but do recommend that you contact an attorney of your choosing to answer any legal questions you may have. Any questions about scheduling or the office procedures can be answered on our “Procedures” section on this website. If at that time you are still unsure, please feel free to e-mail Mariaelena at cabreram@circuit19.org.

COURTCALL APPEARANCES

If you are requesting to appear telephonically in a case, you must contact this office at least three (3) days prior to your hearing date for approval, AND WILL NOT BE ALLOWED FOR EVIDENTIARY HEARINGS. Once approved you should contact CourtCall at 888-882-6878 and set up your telephonic appearance. Please DO NOT call or e-mail the day before your hearing to request a telephonic appearance. All witnesses appearing by phone must have someone authorized by law to administer an oath in the jurisdiction of their location to place the witness under oath.


Thank you!

Domestic Violence (DV) Cases

Please be advised that you must contact the domestic violence clerk at (772) 462-6911 to schedule any and all hearings in domestic violence cases. Do not schedule domestic violence hearings on the Court's online calendar.

Faxes

Please do not fax to this office without prior approval. Faxes received by this office without prior approval will not be considered by the Court.

** Please click below to read PROCEDURES before contacting the Judge's office.**

Family Mediation

Family mediation involves parties to a divorce, paternity, or similar family matter. Parties having a combined income of up to $100,000.00 may utilize the 19th Judicial Circuit Mediation Program. The mediators assist parties in identifying issues, solutions and alternatives, always keeping in mind the best interests of their children when children are involved. The mediator’s objective during the session is to help parties reach a mutually acceptable agreement on disputed issues: parenting arrangements, child support, property/debt division, and other issues.

Please see our Mediation Program Tab on the Nineteenth Judicial Circuit website for further information.

When submitting an order of referral to Family Mediation, your cover letter must state the combined income for the parties and that both parties have current financial affidavits of record. Please use the form Order of Referral to Family Mediation.

Thanks!