Judge James W. McCann
St. Lucie: 50% of Domestic Relations Cases including Injunctions for Protection (A-K of alphabet).
St. Lucie: 50% of Domestic Relations Cases, including Injunctions for Protection (A-K of alphabet).
PLEASE NOTE EFFECTIVE JANUARY, 2019 JUDGE McCANN’S COURTROOM WILL CHANGE 4B
Scheduling Hearings – UMC'S/Special Sets
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 (email@example.com) 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 and hearing dates; time; and length of hearing required for both sides must be cleared with opposing counsel, noting same on your Notice of Hearing. Please provide via e-mail the Notice of Hearing to firstname.lastname@example.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. 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.
Also note, 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.
Post Judgment Cases
All Post Judgment cases must be referred to the Magistrate. Once there is an 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 any hearing dates and/or questions would be handled by the Magistrate's assistant.
Please note, all original pleadings must be filed with the Clerk of Court. It is not this offices responsibility to file original pleadings.
Should you contact this office with any legal questions and/or advice, please be advised we are not at liberty to provide legal advice but do advise that you should contact an attorney of your choosing. Should you have questions about scheduling or any of the office procedures please first check our Procedures section on this website. If at that time you are unable to answer your question please feel free to e-mail Carol at email@example.com.
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.
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 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.