16-04-S IN RE: MENTAL HEALTH - MARCHMAN ACT HEARINGS – TELEPHONIC APPEARANCE OF QUALIFIED PROFESSIONALS - ORDERED 2/05/2016 BY JOHN D. GALLUZZO
WHEREAS Florida’s Marchman Act, Chapter 397, Florida Statutes, provides for hearings on petitions for involuntary treatment; and WHEREAS Florida Rules of Civil Procedure provide for the telephonic appearance of witnesses at hearing only “(1) by agreement of the parties or (2) for good cause shown upon written request of a party upon reasonable notice to all other parties.” Fla. R. Civ. P. 1.451; Fla. R. Jud. Admin. 2.530; and WHEREAS electronic testimony may be taken “only if a notary public or other person authorized to administer oaths in the witness’s jurisdiction is present with the witness and administers the oath consistent with the laws of the jurisdiction.” Fla. R. Civ. P. 1.451; Fla. R. Jud. Admin. 2.530; and WHEREAS Florida Rule of Judicial Administration 2.530 further requires that the “[t]he cost for the use of the communication equipment is the responsibility of the requesting party unless otherwise directed by the court.” Fla. R. Jud. Admin. 2.530; and WHEREAS the treating professionals in Marchman proceedings are located outside of Seminole County, and it would impose a hardship and extraordinary cost for them to appear in person; and NOW THEREFORE WHEREAS it is in the best interests of the parties to have a qualified professional available to testify, whether in person or through electronic communication, and pursuant to the authority vested in me as Chief Judge of the Eighteenth Judicial Circuit of Florida, under Rule 2.215, of the Florida Rules of Judicial Administration.
It is hereby ORDERED:
- In Marchman Act hearings for involuntary treatment, treating professionals may appear by telephone without the prior written request or notice to the parties required under Fla. R. Civ. P. 1.451; Fla. R. Jud. Admin. 2.530.
- Such testimony will be authorized only if a notary public or other person authorized to administer oaths in the witness’s jurisdiction is present with the witness and administers the oath consistent with the law of the jurisdiction.
DONE AND ORDERED this 5th day of February 2016.