Judge N. Hunter Davis
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Pleading
- 1 copy • At Least 5 Business Days Before Hearing
Courtesy copies
Court-wide- 1 copy
Motion
Court-wide- 1 copy • Email • Upon Filing
Motion For Rehearing
Court-wide- 1 copy • Email • Upon Filing
Communication
Chambers
Phone
Chambers
Document Filing Requirements14 rules
The proposed order granting withdrawal must include the client's name, physical and mailing addresses, email address, and phone number in its body (and may be submitted in advance if counsel appears telephonically).
In the body of the proposed order granting withdrawal, the client's name, physical and mailing addresses, email address, and phone number must be included. If counsel is appearing telephonically, an order may be submitted in advance.
Document Type
Proposed Order Granting Withdrawal
Summary judgment motions must identify each claim or defense at issue and be accompanied by a separately filed statement of material facts.
A party moving for Summary Judgment shall identify each claim or defense - or part of each claim or defense - on which summary judgment is sought. The moving party shall file a statement of material facts at the time of filing a motion for summary judgment as a separate filing. Fla.R.Civ.P. 1.510(a).
Document Type
Motion For Summary Judgment
All motions must include a concise statement of the relief requested, the basis for the request, and citation to supporting legal authority.
All motions or applications for an order shall include a concise statement of the relief requested, a statement of the basis for the request, and citation to the legal authority in support thereof.
Document Type
Motion
Emergency motions must include a certification by counsel or the pro se party that the motion qualifies as an emergency and is brought in good faith.
All emergency motions must include a certification by Counsel or the party pro se that the motion both qualifies under the above definitions and is brought in good faith.
Document Type
Emergency Motion
Motions to compel alleging complete failure to respond may proceed ex parte with a submitted proposed order (compliance within 10 days); motions challenging defective responses always require a noticed hearing.
When a motion to compel alleges a complete failure to respond or object to discovery, and there has been no request for extension, an ex parte order may be entered requiring compliance with the original discovery demand within ten (10) days of the signing of the order. Movant shall submit a proposed order. However, a motion alleging merely inaccurate, incomplete, untimely, stale or otherwise defective responses to a demand for disclosure, always require a hearing with notice to the non-moving party.
Document Type
Motion To Compel
Emergency pleadings must be accompanied by a cover letter to the Court and a proposed order.
Any pleading asserting the existence of an emergency shall be submitted by electronic mail to the Judicial Assistant (Div14@17th.flcourts.org), accompanied by a cover letter to the Court and a proposed order.
Document Type
Emergency Pleading
Orders of dismissal for settled cases must be titled 'FINAL ORDER OF DISMISSAL AND CLOSING FILE' and submitted with the Fla.R.Civ.P. 1.998 form.
For settled cases, the order of dismissal title must include the following language: "FINAL ORDER OF DISMISSAL AND CLOSING FILE" and be submitted with the form in Fla.R.Civ.P. 1.998.
Document Type
Order Of Dismissal
The submitting party must certify that all parties agree the proposed order accurately states the Court's ruling and requires no further hearing before entry.
Any party submitting a proposed order shall provide an advance copy to the opposing party to confirm whether an objection to the proposed language exists; the submitting party must then certify that all parties agree to the language as an accurate statement of the Court's ruling and that the order does not otherwise require any further hearing prior to entry under either Florida law or the Rule of Procedure.
Document Type
Proposed Order
The body of a proposed order must state the date the hearing was held.
The body of the order shall state the date the hearing was held.
Document Type
Proposed Order
Before setting a motion on the motion calendar, the noticing party must attempt to resolve the issues by direct communication with all parties and certify a good-faith conferral effort (Local Rule 10-A).
Prior to appearing before the Court, the parties shall discuss the issues raised in the pending motion, and both parties shall be prepared to certify they have made a good faith effort to resolve the issue or issues without intervention of the Court. Please note that pursuant to Local Rule 10-A, which the Court incorporates herein: "prior to setting any matter on . . . motion calendar, the party or parties noticing the motion shall attempt to resolve the matter by direct communication with all parties, and shall also certify a good faith attempt to resolve or narrow the issues contained in the motion. Direct communication means by oral or written communication, including by telephone, in person, email, or text messaging."
Document Type
Motion
Summary judgment factual assertions must be supported by citing particular parts of record materials or by showing no genuine dispute exists.
Per Fla.R.Civ.P. 1.510(c)(1), a party asserting that a fact cannot be or is genuinely disputed must support the assertion by: (a) citing to particular parts of materials in the record, including depositions, documents, ESI, affidavits, stipulations, admissions, interrogatory answers, or other materials; or (b) showing that the materials cited do not establish the absence or presence of a genuine dispute, or that an adverse party cannot produce admissible evidence to support the fact.
Document Type
Motion For Summary Judgment
If the client is not a natural person, the proposed withdrawal order must state that the entity must be represented by counsel, who must file an appearance within 20 days or a default may be entered.
If the client is not a natural person, please include a statement that the entity must be represented by counsel, who must file their appearance within twenty (20) days from the date of the order or a default may be entered.
Document Type
Proposed Order Granting Withdrawal
Counsel should confer early and submit a complete, agreed-to-the-extent-possible set of proposed jury instructions prior to trial.
Where practicable, counsel should confer regarding proposed jury instructions as early as possible and submit a complete, agreed (to the greatest extent possible) set of jury instructions prior to trial.
Document Type
Proposed Jury Instructions
Opposing parties are encouraged to file a written response that includes citation to legal authority in opposition.
Any party opposing a motion or application may, and are encouraged to, file a written response that includes citation to legal authority in opposition to the movant's request.
Document Type
Written Response
Filing & Service rules
Electronic Filing Rules
Proposed orders may be submitted electronically via the court's CMS system.
Proposed orders may be submitted electronically via CMS.
Page 1 | X. Proposed Orders
Filing Timing and Cure Windows
Motions must be filed with the Clerk's office before a hearing time may be reserved, or the Notice of Hearing will likely be struck.
All motions must be filed with the Clerk's office prior to reserving a hearing time; failure to comply with this provision will likely result in striking of the Notice of Hearing.
Page 1 | VI. Special-Set Hearings
Proposed orders must be submitted no later than ten days after the hearing or they will be rejected.
Orders shall be submitted no later than ten (10) days after the hearing or shall be rejected.
Page 1 | X. Proposed Orders
If the parties settle, an agreed order resolving the matter must be submitted before or at the time of the hearing, or the parties are expected to attend.
If the parties have reached an agreement, an agreed order resolving the matter shall be submitted to the office prior to, or at the time of the hearing.
Page 1 | XI. Cancellations
Do not submit proposed orders in advance of any hearing unless specifically instructed by the Court; qualifying emergencies are an exception.
Unless specifically instructed by the Court, please do not submit proposed orders in advance of any hearing. Cf. Section VIII (qualifying emergencies).
Page 1 | X. Proposed Orders
Service and Proof of Service Rules
A party submitting a proposed order must provide an advance copy to the opposing party to confirm any objections before submitting it.
Any party submitting a proposed order shall provide an advance copy to the opposing party to confirm whether an objection to the proposed language exists; the submitting party must then certify that all parties agree to the language as an accurate statement of the Court's ruling and that the order does not otherwise require any further hearing prior to entry under either Florida law or the Rule of Procedure.
Page 1 | X. Proposed Orders
Summary judgment supporting materials must be served with the motion and with the response.
Per Fla.R.Civ.P. 1.510(c)(5), the supporting materials must be served with the motion and with the response.
Page 1 | IX. Motions Practice
If written client consent has not been obtained, the client must be noticed of the withdrawal hearing and provided a copy of the motion to withdraw.
If the attorney has not obtained written consent from the client pursuant to Fla.R.Jud.Adm. 2.505, the client should be noticed of the hearing and provided a copy of the motion to withdraw.
Page 1 | IX. Motions Practice
Courtesy Copy Requirements
A courtesy copy of any pleading a party wants the Court to review before hearing must be sent to the Judge's chambers (via email, U.S. Mail, or drop-off mailbox) at least five business days in advance of the hearing.
Likewise, whether filing in-person or utilizing e-filing, filing a pleading with the Clerk of Court does not ensure the Court has received a copy of your document. If you desire to have the Court review your pleading prior to the time of your hearing, you must send a separate courtesy copy to the Judge's chambers. Please send an electronic (.pdf) or hardcopy of your pleading (including attachments, unless voluminous) to the Judge's chambers, via electronic mail, U.S. Mail or drop-off mailbox, at least five business (5) days in advance of hearing.
Page 1 | II. Communications with the Court
Filing Bundling Requirements
Competing proposed orders are not accepted; parties must schedule a UMC hearing to resolve disputes over the substance of a proposed order.
Competing orders will no longer be accepted by the Court; if the parties cannot agree to the substance of a proposed order on a matter previously heard and decided by the Court, the parties must schedule a hearing on UMC to resolve the dispute.
Page 1 | X. Proposed Orders
No more than two motions may be noticed for a single case on one motion calendar docket.
No more than two motions may be noticed for a single case on a motion calendar docket.
Page 1 | IV. Uniform Motion Calendar (UMC)
Adjournment & Extension Requirements
Motions to continue trial must be filed immediately once grounds arise and set on the UMC prior to the Calendar Call.
Best practices include immediately filing and requesting a hearing date upon any motion to continue as soon as grounds for such a motion come to light. Parties should exercise due diligence, caution, and candor in representing affirmative readiness for trial; if there are contingencies potentially affecting a party's prospective readiness for trial, these matters should be discussed as soon as practicable and a motion for continuance should be set on UMC prior to the Calendar Call.
Page 1 | VII. Calendar Call & Trial
Chambers Communication Rules
UMC hearings may be scheduled through the online CMS system or by emailing the Judicial Assistant with a copy of the motion.
UMC hearing may be set via the online CMS system OR by sending a request with a copy of your Motion to the Judicial Assistant (Div14@17th.flcourts.org).
Page 1 | IV. Uniform Motion Calendar (UMC)
Special-set hearings are scheduled only through the Judicial Assistant by emailing a copy of the motion with the amount of time needed; online scheduling is not available.
All special-set hearings are scheduled by the Judicial Assistant; online scheduling is not available for Division 14. Please send a copy of your motion with a request that includes the amount of time needed to the Judicial Assistant (div14@17th.flcourts.org).
Page 1 | VI. Special-Set Hearings
Filing a pleading does not automatically set a matter for hearing; parties must separately schedule a hearing time with the Court.
Please note that filing a pleading does not automatically bring the matter before the Judge or set the matter for hearing; parties must schedule a hearing time with the Court.
Page 1 | II. Communications with the Court
Emergency pleadings must be submitted by email to the Judicial Assistant, and only matters involving irreparable harm, death, or manifest injury qualify as emergencies.
An emergency is defined as a matter that will result in irreparable harm, death or result in a manifest injury if immediate relief is not afforded. Matters which do not meet this definition shall not be submitted to the court as an "emergency." Any pleading asserting the existence of an emergency shall be submitted by electronic mail to the Judicial Assistant (Div14@17th.flcourts.org), accompanied by a cover letter to the Court and a proposed order.
Page 1 | VIII. Emergencies
Interpreter requests must be made to the Judicial Assistant at least 3 days before the hearing, or at least 7 days before for languages other than Spanish or Haitian Creole.
Please notify the Judicial Assistant at the telephone number above (nosotros hablamos español) or via email to: div14@17th.flcourts.org, at least three (3) days prior to your hearing if you require the services of an interpreter. For a language other than Spanish or Haitian Creole, please contact the judicial assistant at least seven (7) days prior to your hearing.
Page 1 | XII. Interpreters
Motions to disqualify the Court should simply be filed and a copy emailed to the Judicial Assistant.
Please simply file the Motion and e-mail a copy to the Judicial Assistant.
Page 1 | IX. Motions Practice
The original noticing party must contact the Judicial Assistant to timely cancel hearings and notify the Court and all parties, including cancelling dates after an agreed order is entered.
Please remember to contact the Judicial Assistant (div14@17th.flcourts.org) if a hearing is to be cancelled. If the parties have reached an agreement, an agreed order resolving the matter shall be submitted to the office prior to, or at the time of the hearing. If an agreed order is not submitted prior to the hearing, parties are expected to attend. If an agreed order has been entered, please remember to contact the Judicial Assistant to cancel any hearing dates previously set. It is the original noticing party's responsibility to timely cancel hearings and to notify the Court and all parties.
Page 1 | XI. Cancellations
Parties must timely cancel UMC hearings via the online system and by directly contacting the Judicial Assistant when a matter is resolved before the hearing.
Since the number of hearings is limited and the Court attempts to review written materials in advance, please timely cancel any hearings via the online system AND by contacting the Judicial Assistant directly, if and when a matter is resolved prior to your scheduled hearing time.
Page 1 | IV. Uniform Motion Calendar (UMC)
Motions for rehearing or reconsideration are not set for hearing; parties simply file the motion and email a copy to the Judicial Assistant with a cover letter.
Except where explicitly authorized by the Court, no motions for rehearing or reconsideration shall be set for hearing. See Administrative Order No. 2022-002-GEN, superseding former Administrative Order No. 2017-33-GEN. Please simply file the Motion and e-mail a copy to the Judicial Assistant with a cover letter.
Page 1 | IX. Motions Practice
The Division 14 chambers/Judicial Assistant email address is div14@17th.flcourts.org.
The division electronic mail address: div14@17th.flcourts.org
Page 1 | II. Communications with the Court
The Division 14 chambers/Judicial Assistant telephone number is 954-831-7763.
The division telephone number: 954-831-7763
Page 1 | II. Communications with the Court