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NOTICE TO APPEAR FOR VIRTUAL PRE-TRIAL CONFERENCE/MEDIATION
IN THE COUNTY COURT FOR THE NINTH JUDICIAL CIRCUIT
IN AND FOR OSCEOLA COUNTY, FLORIDA
CASE NO.: 2021 SC 004623 SP
PORTFOLIO RECOVERY ASSOCIATES LLC VS. IVIS T PEREZ
THE STATE OF FLORIDA TO:
ELECTRONICALLY FILED
IVIS T PEREZ IN OSCEOLA COUNTY, FLORIDA
2384 AURORA CT DATE: 08-30-2021
KISSIMMEE, FL 34744-3800
PLEASE BE ADVISED that the above-named Plaintiff has made claim and is requesting judgment against
you in the sum of $3,547.13 as shown by the Statement of Claim attached, together with $310.00 filing fees
plus service fees to date.
YOU ARE HEREBY NOTIFIED that you are required to appear, or by an attorney via video using Microsoft
Teams, 2 Courthouse Square Kissimmee, FL 34741 on September 24, 2021 at 10:30 A.M. for a PRETRIAL
CONFERENCE.
IMPORTANT- READ CAREFULLY
THE CASE WILL NOT BE TRIED AT THE VIRTUAL PRETRIAL CONFERENCE SO DO NOT
BRING WITNESSES. YOU MUST APPEAR, OR BY AN ATTORNEY VIA VIDEO USING
MICROSOFT TEAMS. ONLY THE NAMED PARTY AND ANY NECESSARY INTERPRETER MAY
ATTEND.
Defendant(s) must appear as stated on the date specified in order to avoid a default judgment. Plaintiff(s)
must appear as stated on the date specified in order to avoid having the case dismissed for lack of
prosecution. A written MOTION or ANSWER to the Court by the plaintiff(s) or defendant(s) shall not excuse
the appearance of a party or its attorney in the PRETRIAL CONFERENCE/MEDIATION. The date and time of
the pretrial conference CANNOT be rescheduled without good cause and prior court approval.
Any business entity recognized under Florida law may be represented at any stage of the trial court proceedings
by any principal of the business entity who has legal authority to bind the business entity or any employee
authorized in writing by a principal of the business entity. A principal is defined as being an officer, member,
managing member, or partner of the business entity. Written authorization must be brought to the Pretrial
Conference.
The purpose of the pretrial conference is to record your appearance, to determine if you admit all or part of the
claim, to enable the court to determine the nature of the case, and to set the case for trial if the case cannot be
resolved at the pretrial conference. You or your attorney should be prepared to confer with the court and to
explain briefly the nature of your dispute, state what efforts have been made to settle the dispute, exhibit any
documents necessary to prove the case, state the names and addresses of your witnesses, stipulate to the facts
that will require no proof and will expedite the trial, and estimate how long it will take to try the case.
Whoever appears for a party must have full authority to settle. Failure to have full authority to settle at this
pretrial conference may result in the imposition of costs and attorney fees incurred by the opposing party.
If you admit the claim, but desire additional time to pay, you must state the circumstances to the court. The
court may or may not approve a payment plan and withhold judgment or execution or levy.
RIGHT TO VENUE: The law gives the person or company who has sued you the right to file suit in any one ofseveral places as listed below. However, if you have been sued in any place other than one of these places, you,
as the defendant(s), have the right to request that the case be moved to a proper location or venue. A proper
location or venue may be one of the following:
1. Where the contract was entered into;
2. If the suit is on unsecured promissory note, where the note is signed or where the maker resides;
3. If the suit is to recover property or to foreclose a lien, where the property is located;
4, Where the event giving rise to the suit occurred;
5. Where any one or more of the defendant(s) sued resides;
6. Any location agreed to in a contract;
7. Inan action for money due, if there is no agreement as to where suit may be fled, where payment
is to be made.
If you, as the defendant(s), believe the plaintiff(s) has/have not sued in one of these correct places, you must
appear in person on your court date and orally request a transfer, or you may file a WRITTEN request for
transfer, in affidavit form (sworn to under oath) with the court 7 days prior to your first court date and send a
copy to the plaintiff(s) or the plaintiff(s) attorney, if any.
If the party serving summons has designated e-mail address(es) for service or is represented by an attorney, you
may designate e-mail address(es) for service by you through the Florida E-filing Portal found at
https://www.myflcourtaccess.com/ For more information about the E-Filing portal, visit
https://www floridasupremecourt.org/Practice-Procedures/A bout-E-Filing-Portal#use
You must keep the Clerk of Court’s office notified of your current address, especially if the address for
this summons was different from where you were actually served. Future papers in this lawsuit will be
served at the address on record at the clerk’s office. The failure to update your correct address with the
Clerk of Court may result in actions taken against you without your knowledge.
Acopy of the Statement of Claim shall be served with this summons.
Issued: September 1, 2021TO JOIN YOUR VIRTUAL PRE-TRIAL CONFERENCE
SEPTEMBER 24, 2021 at 10:30 am
Before the Honorable Christine E. Arendas
Instructions:
1. Open the camera on your smart device.
2. Point the camera at the QR code.
3. Position the camera so that the QR code is centered in your screen.
4. Hold the camera in front of the QR code for a moment so it can focus
and recognize the QR code.
5. Tap the QR code image on your screen to open the link.
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FAILURE OF EITHER PARTY TO APPEAR AT THE PRETRIAL CONFERENCE MAY RESULT IN
THE ENTRY OF A DEFAULT JUDGMENT OR A DISMISSAL OF THE ACTION BY THE COURT.
** TF YOU CAN NOT ACCESS THE LINK USING
THE QR CODE ABOVE, PLEASE CONTACT THE
CIVIL DIVISION AT 407-742-3479 TO OBTAIN YOUR
LINK VIA EMAIL**VIDEOCONFERENCE HEARING PROCEDURES
JUDGE CHRISTINE E. ARENDAS
Osceola County Civil Division 61G
ATTENTION ATTORNEYS AND SELF-
REPRESENTED PARTIES:
PLEASE CAREFULLY READ AND BE FAMILIAR WITH THESE
PROCEDURES BEFORE YOUR SCHEDULED VIDEOCONFERENCE
HEARING AS THERE ARE TIME SENSITIVE DEADLINES AND TASKS
TO COMPLETE PRIOR TO YOUR HEARING.
Due to the COVID-19 pandemic and administrative orders from the Florida Supreme Court and
Ninth Judicial Circuit, there is limited court access. During Phase I, parties and attorneys in person
appearance at the Courthouse is limited to Essential or Critical Proceedings. During Phase II,
parties, attorneys and witness in person appearance is limited and authorized for certain
proceeding types (refer to Fl. S. Ct. Admin Order AOSC20-23 Amendment 5 and any
subsequent updates) During Phase 3, in person contact is more broadly authorized. Courts are
encouraged to conduct proceedings via remote technologies where available and appropriate. To
ensure that your videoconference hearing runs smoothly, all participants shall abide by the
following procedures:
TECHNOLOGY & DEVICE REQUIREMENTS
PROGRAM USED. The Court will be using Microsoft Teams to conduct proceedings.
DEVICE NEEDED. A desktop computer, laptop computer, tablet, or smartphone
may be used for the hearing. A camera is preferred for all person participating in the
Video Hearing. A microphone is required for all persons participating in a Videoconference
Hearing. A camera and microphone is required for all person who will be testifying.
Most devices have a built in microphone and camera. If you do not have any of this
equipment available to you, please immediately contact the Judicial Assistant, Nyree Fraser
at 61Osceola@ninthcircuit.org .HOW TO ACCESS MICROSOFT TEAMS
1. Windows based device. The program can be downloaded from the
Microsoft website for free. Alternatively, the program can be accessed by clicking the link
provided by the court if the user is operating on Microsoft Edge or Google Chrome web
browsers. It is preferred to download the program which will auto-launch when the link
is clicked.
2. Mac/Apple Based Products. The program can be downloaded from the
Microsoft website for free. Alternatively, the program can be accessed by clicking the
link provided by the court if the user is operating on Microsoft Edge or Google Chrome
web browsers. The program WILL NOT work with the Safari or Internet Explorer web
browsers. It is preferred to download the program which will auto-launch when the link
is clicked.
3. Android based mobile devices and tablets. Download the free Teams
application from the Google Play Store and install it on your device. Allow camera and
microphone access. Once the link is e-mailed to you, clicking the link will automatically
launch the Teams program.
4. Apple/IOS based mobile devices and tablets. Download the free Teams
application from the App Store and install it on your device. Allow camera and
microphone access. Once the link is e-mailed to you, clicking the link will automatically
launch the Teams program.
Preparing for the Videoconference
1. Upon receipt of these instructions, and no less than 2 business days prior to the
videoconference hearing, all participants shall download the free Microsoft Teams App
from https://teams.microsoft.com/downloads (for a computer) or the App Store for their
smart phone or device.
2. Counsel and/or pro se parties shall provide the judicial assistant with the email
address for each hearing participant at the time of scheduling the videoconference hearing
but not later than 2_ business days prior to the hearing. Participants include counsel,
parties, witnesses, interpreters, and court reporters.
3. The judicial assistant will send an invitation to the Microsoft Teams meeting to
the hearing participants based only on the emails provided by counsel or pro se parties.
Counsel and/or pro se parties may share the link with their witnesses.4. Hearing participants will click on the meeting link invitation provided by the
Judicial Assistant at least five (5) minutes prior to the scheduled time for the video
conference hearing.
5. All participants will be waiting in the virtual Microsoft Teams “lobby” until
the Judge initiated the video conference hearing. Witnesses will remain in the lobby until
such time as they are called the testify. DO NOY leave the waiting room unless excused.
Preparing Evidence for the Videoconference
1. No later than 3 business days before the hearing, counsel and/or pro se
parties shall exchange any and all exhibits and have a substantive, good faith telephone
conference to address stipulations and objections to the admissibility of any exhibits.
2. After the substantive, good faith telephone conference and no later than 2
business days before the hearing, the parties are to pre-mark the exhibits (i.e. Defense Ex
A, State Exhibit C, ect.) that they intend to use during the hearing, scan, and email those
exhibits to 61Osceola@ninthcircuit.org . If a video is being used, the original video shall
be provided to the Judge’s chambers no later than 2 business days before the hearing.
Counsel introducing the video shall have the ability to play the video (with sound) from
their electronic device and share the screen with all participants. If there are objections to
the admissibility of any exhibits, the party raising the objection shall identify the exhibit
and identify the ground(s) of any objection at the appropriate time during the hearing.
After hearing argument, the court will rule on the objection(s).
Preparing Witnesses for the Videoconference
1. Pursuant to current COVID-19 CDC guidelines and orders from all levels of
government, all participants must abide by social distancing requirements and limit in-
person contact. As such, witnesses do not need to be present with the attorneys or self-
represented parties during the videoconference hearing and it is preferred that such
witnesses participate in the videoconference hearing remotely from their own home or
office.
2. Witness must be provided copies of all pre-marked exhibits prior to the
hearing.
3. The witness shall be instructed not to look or refer to any other document ordevice during his or her testimony.
4. Counsel and/or self-represented party is responsible for providing these
instructions to any witnesses and ensuring their compliance.
5. Witness are discouraged from being in the same physical space as the
attorney or self-represented party. However, in the event a witness or party testifying is in
the same physical space as the attorney or self-represented party questioning the witness,
the witness must be at least 6 feet away from any other person in the room and the camera
shall be directed at the witness. The attorney or self-represented party may not assist the
witness with answers in any way, including but not limited to gestures, notes, or facial
expressions, or otherwise impact or influence the witness’ testimony “off camera.”
PROCEDURES DURING THE VIDEOCONFERENCE HEARING
1. At the beginning of the videoconference hearing, the judge will call the case and
instruct all participants when to announce themselves for purposes of the record.
2. All participants shall place their microphones on mute unless they are speaking
or wish to make an objection.
3. All efforts shall be undertaken not to interrupt other speakers during the
videoconference hearing, unless it is necessary to assert an objection.
4. If an interpreter is necessary, all participants shall be speak slowly, in short
complete sentences or questions, and allow time for translation. No one shall respond to a
question posed by another participant until the question has been translated.
5. Participants (other than the Court) MAY NOT use the Microsoft Teams App or
any other device to record the video conference.
6. All participants are required to ensure that no children are able hear or see the
videoconference hearings.
7. All participants are required to identify anyone that may be observing the
proceedings with them. This is essential for the rule of sequestration to be effective and
ensure the credibility of testimony.QUESTIONS
We recognize that these are new procedures and challenging times for everyone. We are
here to help and do our best to make sure your case is timely heard. Please do not hesitate
to contact the judicial assistant at 61Osceola@ninthcircuit.org if our office can assist you
with any questions about these procedures or preparations for the videoconference. With
practice and patience, we will all get more proficient with these new technologies and
platforms. Thank you for your commitment to your clients, our legal community and
profession.