Florida 18 Judicial Circuit (Brevard, Seminole) Pre-Motion Conference Requirements
77 rules from official source documents
56 of 77 checked against the court's document. Unmarked rules: Checked against the court's document A value with a question mark is not in the court's wording on its card.
Pre-motion conference and letter requirements before filing motions, including sequential steps. This page is scoped to Florida 18 Judicial Circuit (Brevard, Seminole); use the court rules overview to switch categories without leaving this court.
CRITICAL
Before scheduling a hearing on a motion, the parties must complete the meet-and-confer process, except for contested motions to withdraw and motions for substitution of counsel.
A mandatory meet and confer process is hereby established, as set forth below, for all motions to be set for hearing and to occur before scheduling the hearing, except for Contested Motions to Withdraw and Motions for Substitution of Counsel.
CRITICAL
Except for specified child-related emergencies, parties seeking temporary relief must first complete mediation or mutually consent to referral to the General Magistrate, and must satisfy the stated mediation and notice prerequisites before setting a hearing.
Except in the event of an emergency (imminent risk of harm to a child; imminent risk of improper removal of a child from the jurisdiction of the Court), all parties seeking temporary relief must FIRST complete mediation OR mutually consent to the referral of the request for temporary relief to the General Magistrate. If the parties cannot reach a resolution following the completion of mediation, any hearing seeking temporary relief shall be set as an evidentiary hearing. Parties shall NOT request a hearing from the Judicial Assistant nor set a Temporary Relief Hearing on JACS until the mediation has been set, the notice of mediation is filed, and the notice is viewable in the electronic court file. The date of the Temporary Relief Hearing will be set for a date after the completed mediation. If the mediation does not occur or is set to occur after the date of the Temporary Relief Hearing, then the Temporary Relief Hearing will be cancelled.
CRITICAL
Motions for Default are referred to the General Magistrate; if default is denied or an objection is filed, the case is set for the next available pre-trial conference and then trial.
All Motions for Default will be referred to the General Magistrate. In the event that a default is not granted, or an objection to the General Magistrate is filed, the case shall subsequently be set for the next available pre-trial conference and then for trial.
CRITICAL
Before scheduling a hearing on a motion, the parties must complete the meet-and-confer process, except for contested motions to withdraw and motions for substitution of counsel.
A mandatory meet and confer process is hereby established, as set forth below, for all motions to be set for hearing and to occur before scheduling the hearing, except for Contested Motions to Withdraw and Motions for Substitution of Counsel.
CRITICAL
Except for specified child-related emergencies, parties seeking temporary relief must first complete mediation or mutually consent to referral to the General Magistrate, and must satisfy the stated mediation and notice prerequisites before setting a hearing.
Except in the event of an emergency (imminent risk of harm to a child; imminent risk of improper removal of a child from the jurisdiction of the Court), all parties seeking temporary relief must FIRST complete mediation OR mutually consent to the referral of the request for temporary relief to the General Magistrate. If the parties cannot reach a resolution following the completion of mediation, any hearing seeking temporary relief shall be set as an evidentiary hearing. Parties shall NOT request a hearing from the Judicial Assistant nor set a Temporary Relief Hearing on JACS until the mediation has been set, the notice of mediation is filed, and the notice is viewable in the electronic court file. The date of the Temporary Relief Hearing will be set for a date after the completed mediation. If the mediation does not occur or is set to occur after the date of the Temporary Relief Hearing, then the Temporary Relief Hearing will be cancelled.
CRITICAL
Motions for Default are referred to the General Magistrate; if default is denied or an objection is filed, the case is set for the next available pre-trial conference and then trial.
All Motions for Default will be referred to the General Magistrate. In the event that a default is not granted, or an objection to the General Magistrate is filed, the case shall subsequently be set for the next available pre-trial conference and then for trial.
CRITICAL
Before filing a motion, the moving party must separately certify compliance with the conferral requirement, which requires a substantive verbal discussion between authorized counsel and a good-faith effort to resolve the motion.
a. Pursuant to Florida Rule of Civil Procedure 1.202, a moving party is required to separately certify it has complied with the conferral requirement prior to filing the motion. Failure to comply may result in sanctions. b. The term “confer” shall mean and require a substantive verbal conversation in person or by telephone/video conference (between counsel with full authority to resolve) and a good faith effort to resolve the motion without the need for hearing and does not include an exchange of ultimatums by fax, e-mail or letter; and does not include staff members performing the communications.
Checked and corrected to match the court's document on Oct 10, 2026CRITICAL
The movant must comply with the mandatory meet-and-confer policy and certify compliance before scheduling a hearing, except for the listed motions and other motions under Rule 1.202(c).
c. In addition, this Court has established a mandatory meet and confer policy before scheduling hearings (except for motions for injunctive relief without notice; judgment on the pleadings; summary judgment; to permit maintenance of a class action, or other motions listed in Rule 1.202(c)). The movant must certify compliance with this policy as set out below.
CRITICAL
Requests to appear using communication technology must be made by motion.
Requests to use communication technology for an appearance must be made by motion.
Checked and corrected to match the court's document on Oct 10, 2026CRITICAL
Before setting a hearing on a Motion for Early Termination, the motion must be provided to the State Attorney's Office and Probation to obtain their positions.
All Motions for Early Termination must first be provided to the Office of the State Attorney and Probation to obtain their positions. A hearing on the motion cannot be set until this has been done.
Checked and corrected to match the court's document on Oct 10, 2026CRITICAL
An opposed Motion for Early Termination must be set for a hearing.
If the Motion for Early Termination is opposed, the Motion must be set for a hearing.
CRITICAL
Counsel must meet and confer on every motion before setting it for hearing.
Counsel shall meet and confer on all motions prior to setting for hearing.
CRITICAL
A motion not set, or not subject to an attempt to set it, within six months after filing is considered abandoned, waived, and denied.
Any motion filed and not set or attempted to be set within six (6) months of the filing shall be considered abandoned, waived, and deemed denied.
CRITICAL
Requests to appear using communication technology must be made by motion.
Requests to use communication technology for an appearance must be made by motion.
Checked and corrected to match the court's document on Oct 10, 2026CRITICAL
Before setting a hearing on a Motion for Early Termination, the motion must be provided to the State Attorney's Office and Probation to obtain their positions.
All Motions for Early Termination must first be provided to the Office of the State Attorney and Probation to obtain their positions. A hearing on the motion cannot be set until this has been done.
Checked and corrected to match the court's document on Oct 10, 2026CRITICAL
An opposed Motion for Early Termination must be set for a hearing.
If the Motion for Early Termination is opposed, the Motion must be set for a hearing.
CRITICAL
Counsel must meet and confer on every motion before setting it for hearing.
Counsel shall meet and confer on all motions prior to setting for hearing.
CRITICAL
A motion not set, or not subject to an attempt to set it, within six months after filing is considered abandoned, waived, and denied.
Any motion filed and not set or attempted to be set within six (6) months of the filing shall be considered abandoned, waived, and deemed denied.
CRITICAL
Counsel with authority to resolve the matter must substantively meet and confer in good faith before scheduling a motion hearing, and the hearing notice must include a Certificate of Compliance.
Counsel with full authority to resolve the matter shall also confer before scheduling the hearing on the motion to attempt to resolve or otherwise narrow the issues raised in the motion and include a Certificate of Compliance (see below) that the conference has occurred in the Notice of Hearing filed with the court. It shall be the responsibility of counsel who schedules the hearing to arrange the conference. The phrase "meet and confer" requires a substantive conversation in person or by telephone or video conference in a good faith effort to resolve the motion without the need to schedule a hearing and does not envision an exchange of ultimatums by fax, e-mail, or letter. Counsels who merely attempt to confer have not conferred.
CRITICAL
If opposing counsel cannot be reached after three good-faith attempts on different non-consecutive days over at least two weeks, the hearing notice's Certificate of Compliance must identify the contact-attempt dates and times.
If counsel who notices the hearing is unable to reach opposing counsel to conduct the conference after three (3) good faith attempts on different non-consecutive days over a period of not less than two (2) weeks, counsel who notices the hearing must identify in the Certificate of Compliance the dates and times of the efforts made to contact opposing
CRITICAL
A request for a witness to appear remotely must be made in advance by motion filed with the court and demonstrate good cause.
The remote appearance of witnesses may also be requested in advance by a motion filed with the court, demonstrating good cause.
Checked and corrected to match the court's document on Oct 10, 2026CRITICAL
The parties must meet and confer before scheduling a hearing.
The Court has a mandatory meet and confer policy before scheduling hearings. Hearing cannot be scheduled until after the Meet and Confer has taken place.
CRITICAL
A hearing on a motion for rehearing or reconsideration may not be set without prior approval.
Do NOT set a hearing on any MOTION FOR REHEARING OR RECONSIDERATION, unless you receive approval first.
CRITICAL
A motion for judicial default will not be signed without a hearing.
Motions for judicial default WILL NOT be signed without a hearing.
Checked and corrected to match the court's document on Oct 10, 2026CRITICAL
Before the court rules on a motion in limine, the parties must meet and confer and inform the court which items remain disputed.
For all Motions in Limine you must meet and confer before the court rules on the Motion and inform the court of which items are disagreed upon by the parties.
Checked and corrected to match the court's document on Oct 10, 2026CRITICAL
A motion in limine may not be set for hearing without court permission, except for a Daubert motion.
NO Motion in Limine shall be set for hearing without permission of the Court unless it is a Daubert Motion.
CRITICAL
If the motion has not been heard and opposing counsel has not responded, the motion must be set for a hearing.
If the motion has not been heard before the court and you have not received a response from opposing counsel as to his/her position, then it MUST be set for a hearing.
CRITICAL
Before setting a hearing on a motion for early termination, the motion must be provided to the State Attorney to obtain the positions of the State and Probation.
All Motions for Early Termination must first be provided to the Office of the State Attorney to obtain the position of the State and Probation. A hearing on the motion must not be set until this has been done.
CRITICAL
The defendant must be present at a hearing on a motion to withdraw.
A defendant must be present for a Motion to Withdraw hearing.
CRITICAL
A hearing must be set if the JAC objects to a motion for costs.
If the JAC objects to a motion for costs, a hearing must be set.
CRITICAL
Before further action, motions to return property and motions to suppress search warrants that request an evidentiary hearing must be submitted to the judicial assistant with a request for the Court to determine whether a State response is required, a hearing should be set, or the motion should be summarily denied.
All Motions to Return Property and Motions to Suppress Search Warrants requesting an evidentiary hearing shall be first submitted to the Judicial Assistant with a request to the Court to determine whether the Court requires the State to respond, if a hearing shall be set, or if the motion shall be summarily denied.
CRITICAL
If the State seeks an extension or the motion is otherwise opposed, the motion should be set for a hearing; if both sides agree to the extension, a proposed order should be provided for the Court to sign.
If the State is seeking an extension pursuant to Fla. R. Crim. P. 3.134(b), or there is otherwise an objection to the motion, the motion should be set for a hearing, unless both sides agree to the extension, whereupon a proposed order shall be provided for the Court to sign.
CRITICALCriminal cases
If the attorney cannot obtain the client’s signed consent, the motion must be set for a hearing with at least five days’ notice to the parties.
If the attorney is unable to obtain a signed consent from their client, the motion must be set for a hearing with at least 5 days' notice to the parties.
Checked and corrected to match the court's document on Oct 10, 2026CRITICAL
A meet and confer with three attempts is required before setting a motion hearing, except for motions for summary judgment.
Meet and Confer MUST be held on all Motions before they are set for a Hearing. There must be 3 attempts before setting a hearing. Motions for Summary Judgment do not require a Meet & Confer.
CRITICAL
A Motion for Judicial Default will not be signed without a hearing, and a hearing must be set if a Clerk’s Default cannot be obtained.
Motions for Judicial Default will not be signed without a Hearing. If you are unable to obtain a Clerk’s Default, then a Hearing must be set.
CRITICAL
Before requesting hearing time on a discovery issue, counsel must consult the current County Court Rules and Procedures and make a good-faith effort to resolve or narrow the issue.
Prior to requesting hearing time on discovery issues, counsel shall refer to the most current version of the County Court Rules and Procedures. Prior to requesting a hearing time on a discovery issue, counsel shall conduct a good-faith effort to resolve or narrow the discovery issues.
Checked and corrected to match the court's document on Oct 10, 2026CRITICAL
A meet-and-confer with three attempts is required before setting a hearing on a motion, except for motions for summary judgment.
Meet and Confer MUST be held on all Motions before they are set for a Hearing. There must be 3 attempts before setting a hearing. Motions for Summary Judgment do not require a Meet & Confer.
CRITICAL
Before requesting hearing time on discovery issues, counsel must consult the most current County Court Rules and Procedures.
Prior to requesting hearing time on discovery issues, counsel shall refer to the most current version of the County Court Rules and Procedures.
CRITICAL
Before requesting hearing time on a discovery issue, counsel must make a good-faith effort to resolve or narrow the issues.
Prior to requesting a hearing time on a discovery issue, counsel shall conduct a good-faith effort to resolve or narrow the discovery issues.
CRITICAL
After noticing a case for trial, contact the JA to schedule a Case Management Conference to address scheduling and related matters.
Once you have noticed the case for trial, you must contact the JA to schedule a Case Management Conference before the Court to determine scheduling, witness/exhibit exchange, discovery cutoff, etc.
Checked and corrected to match the court's document on Oct 10, 2026WARNING
The attorney scheduling a hearing must arrange the conference, and opposing counsel must respond promptly to inquiries and communications.
d. It shall be the responsibility of the attorney who schedules the hearing to arrange the conference. Opposing Counsel must respond promptly to inquiries and communications.
WARNING
If the Court is involved after unsuccessful contact attempts, it may issue a mandatory order requiring an in-person case management conference within 72 hours and may order sanctions.
THE COURT MAY (AND MORE THAN LIKELY WILL) ISSUE A MANDATORY ORDER TO APPEAR AND REQUIRE AN IN-PERSON CASE MANAGEMENT CONFERENCE WITHIN 72 HOURS, AND SANCTIONS MAY BE ORDERED.
WARNING
Filed motions must be timely set for hearing.
All motions filed shall be timely set for hearing.
WARNING
Filed motions must be timely set for hearing.
All motions filed shall be timely set for hearing.
WARNING
A meaningful good-faith meet and confer must address the motion’s issues, not merely hearing scheduling or whether opposing counsel agrees with the requested relief.
The movant must confer with the opposing party in a good-faith effort to resolve the issues raised in the motion. It is not a meaningful or good-faith meet and conferral if the only thing discussed is the scheduling of a hearing on the motion or whether or not opposing counsel agrees with the relief sought by the motion.
WARNING
Conferral is not required before filing the listed motions or matters.
CONFERRAL IS NOT REQUIRED PRIOR TO FILING THE FOLLOWING MOTIONS: (1) Motions to withdraw as Counsel of Record (2) for time to extend the service of the initial process; (3) for default; (4) for injunctive relief; (5) for judgment on the pleadings; (6) for summary judgment; (7) to dismiss for failure to state a claim on which relief can be granted; (8) to permit maintenance of a class action; (9) to involuntarily dismiss an action; (10) to dismiss for failure to prosecute; (11) for directed verdict and motions filed under Rule 1.530; (12) for garnishment, attachment, or other motions for enforcement of a judgment under Rule 1.570; (13) for writ of possession under rule 1.580; (14) filed in actions proceeding under section 51.011, Florida Statutes; (15) for a motion to withdraw as counsel of record (that is, between the attorney and his/her client) and (16) matters that do not require notice to the other party under statute or rule.
WARNING
Opposing counsel must respond promptly to inquiries and communications.
Opposing Counsel must respond promptly to inquiries and communications.
Checked and corrected to match the court's document on Oct 10, 2026WARNING
If the petition is granted at Short Matters/Ex Parte, the attorney may obtain an Order to Show Cause date on JACS.
If the Petition is granted at Short Matters/Ex Parte, the attorney may obtain a date for the Order to Show Cause on JACS.
Checked and corrected to match the court's document on Oct 10, 2026WARNING
After notice through the ePortal that the petition is granted, a hearing may be scheduled on JACS.
If the Petition is granted, you will be notified via the ePortal, and you may then schedule a hearing on JACS.
Checked and corrected to match the court's document on Oct 10, 2026WARNING
The court will not rule on an omnibus motion in limine unless the parties specifically narrow the disputed issues.
An Omnibus Motion in Limine will NOT be ruled upon unless the parties specifically narrow the issues in dispute.
WARNING
A motion for ROR under Fla. R. Crim. P. 3.134(b) should first be submitted to the State to determine whether it objects.
Motions for ROR pursuant to Fla. R. Crim. P. 3.134(b) should first be submitted to the State to see if they have any objection.
WARNING
If the defendant appears on the day a bench warrant is issued, the Court may recall the warrant and reinstate the case bonds.
The day the warrant is issued. If the defendant presents himself or herself on the day the warrant is issued, the Court can recall the warrant and reinstate the bonds for the case.
WARNING
A party adding a motion to an existing hearing without needing additional time must obtain permission from the party who set the hearing to share that time.
If you wish to add a motion to a previously set hearing date and do not need more time, you must contact the party who set the hearing and obtain permission to share their time.
INFO
A motion is not required to obtain a case management conference.
A Motion for a case management conference is not necessary.
Checked and corrected to match the court's document on Oct 10, 2026INFO
If the Court finds an emergency exists, it will schedule the hearing unilaterally.
If the Court determines that an emergency exists, a hearing will be scheduled unilaterally by the Court.
Checked and corrected to match the court's document on Oct 10, 2026INFO
If the Court finds an emergency exists, it will schedule the hearing unilaterally.
If the Court determines that an emergency exists, a hearing will be scheduled unilaterally by the Court.
Not confirmed. Read the court's wording below.CRITICAL?
Counsel with full authority to resolve the matter shall confer before scheduling the hearing on the motion to attempt to resolve or otherwise narrow the issues raised in the motion and include a Certificate of Compliance (see below) that the conference has occurred in the Notice of Hearing filed with the court. It shall be the responsibility of counsel who schedules the hearing to arrange the conference.
Summary: Counsel with full settlement authority must confer before scheduling a motion hearing to resolve or narrow the issues, and the hearing-noticing counsel must arrange the conference and include a Certificate of Compliance in the filed notice.
Not confirmed. Read the court's wording below.CRITICAL?
Counsel who notices the hearing shall ensure that the court and the court's judicial assistant are aware of any narrowing of the issues or other resolution because of the conference. Failure to comply with the “meet and confer” requirement will result in the Court cancelling the scheduled hearing.
Not confirmed. Read the court's wording below.CRITICAL?
Counsel with full authority to resolve the matter shall confer before scheduling the hearing on the motion to attempt to resolve or otherwise narrow the issues raised in the motion and include a Certificate of Compliance (see below) that the conference has occurred in the Notice of Hearing filed with the court. It shall be the responsibility of counsel who schedules the hearing to arrange the conference.
Summary: Counsel with full settlement authority must confer before scheduling a motion hearing to resolve or narrow the issues, and the hearing-noticing counsel must arrange the conference and include a Certificate of Compliance in the filed notice.
Not confirmed. Read the court's wording below.CRITICAL?
Counsel who notices the hearing shall ensure that the court and the court's judicial assistant are aware of any narrowing of the issues or other resolution because of the conference. Failure to comply with the “meet and confer” requirement will result in the Court cancelling the scheduled hearing.
Not confirmed. Read the court's wording below.CRITICAL?
Criminal cases
If a signed consent is unable to be obtained, then the Motion must be set for a hearing.
Not confirmed. Read the court's wording below.CRITICAL?
(1) Before filing a non-dispositive motion, a meet and confer must be conducted by and between all interested attorneys. (2) Before scheduling a hearing on any non-dispositive motion, a meet and confer must be conducted by and between all interested attorneys. (3) At least 10 days before the scheduled hearing on any non-dispositive motion, a meet and confer must be conducted by and between all interested attorneys.
Summary: For non-dispositive motions, interested attorneys must meet and confer before filing, before scheduling a hearing, and at least 10 days before the hearing.
Not confirmed. Read the court's wording below.CRITICAL?
Remote appearance may be requested in advance by motion filed with the court, demonstrating good cause.
Not confirmed. Read the court's wording below.CRITICAL?
Any case where the owner filed a responsive pleading MUST BE mediated before a hearing for a Motion for Summary Judgment.
Not confirmed. Read the court's wording below.CRITICAL?
Pursuant to Rule 1.202 before filing a non-dispositive motion, the moving party is required to confer (in person or by telephone/video conference) with the opposing party in a good-faith effort to resolve the issues raised in the motion.
Not confirmed. Read the court's wording below.CRITICAL?
Should you fail to certify a meet and confer, the court will NOT move forward with the hearing.
Not confirmed. Read the court's wording below.CRITICAL?
However, if there is another reason for the withdrawal (such as irreconcilable differences), a hearing must be set.
Not confirmed. Read the court's wording below.CRITICAL?
Do NOT set a hearing unless you receive approval first.
Not confirmed. Read the court's wording below.WARNING?
The term "confer" requires a substantive conversation in person or by telephone or video conference in a good faith effort to resolve the motion without the need to schedule a hearing and does not envision an exchange of ultimatums by fax, e-mail, or letter. Counsel who merely attempt to confer have not conferred. Counsel must respond promptly to inquiries and communications from opposing counsel who notices the hearing and is attempting to schedule the conference.
Summary: A conference must be a substantive, good-faith in-person, telephone, or video conversation; exchanges of ultimatums by fax, email, or letter do not qualify, and counsel must promptly respond to scheduling communications.
Not confirmed. Read the court's wording below.WARNING?
The term "confer" requires a substantive conversation in person or by telephone or video conference in a good faith effort to resolve the motion without the need to schedule a hearing and does not envision an exchange of ultimatums by fax, e-mail, or letter. Counsel who merely attempt to confer have not conferred. Counsel must respond promptly to inquiries and communications from opposing counsel who notices the hearing and is attempting to schedule the conference.
Summary: A conference must be a substantive, good-faith in-person, telephone, or video conversation; exchanges of ultimatums by fax, email, or letter do not qualify, and counsel must promptly respond to scheduling communications.
Not confirmed. Read the court's wording below.WARNING?
An attempt to meet and confer includes communication by email and phone call, made on at least three (3) separate occasions, on different, non-consecutive days, over the course of two (2) weeks.
Not confirmed. Read the court's wording below.WARNING?
It shall be the responsibility of the attorney who schedules the hearing to arrange the conference.
We could not find this wording in the court's document. Open the source before relying on it.WARNING?
Further, if a party fails to respond in any manner to any discovery, the court will review and consider granting a Motion to Compel ex parte without a hearing to order the opposing party to respond within a reasonable time frame.
Machine summary
If a party does not respond to discovery, the court may consider granting a motion to compel ex parte without a hearing and order a response within a reasonable time.
We could not find this wording in the court's document. Open the source before relying on it.WARNING?
Daubert motions will be heard virtually as indicated on pages 3-5 above; however, a request to attend in person may be made by submitting a motion and order to appear in person.
Machine summary
Daubert motions are heard virtually, but a party may request to appear in person by submitting a motion and order.
Not confirmed. Read the court's wording below.WARNING?
If not, even if the court recalls the bench warrant, the Defendant will still be remanded into custody to repost the original bonds.
Not confirmed. Read the court's wording below.WARNING?
If a telephone number or email address is listed for a Defendant, a good faith attempt must be made to coordinate; if you receive no response from the Defendant, then a Hearing may be set at least thirty (30) days from the current date unilaterally. In this case, do not contact the JA.
Not confirmed. Read the court's wording below.WARNING?
If a signed consent is unable to be obtained, then the Motion may be set on JACS with at least 10 days' notice to the parties.
Does Florida 18 Judicial Circuit (Brevard, Seminole) require a pre-motion conference or letter before filing a motion?
Florida 18 Judicial Circuit (Brevard, Seminole) rules set a pre-motion procedure for covered motions. Before scheduling a hearing on a motion, the parties must complete the meet-and-confer process, except for contested motions to withdraw and motions for substitution of counsel.
Judge Curt Jacobus's rules set a pre-motion procedure for motions. Before filing a motion, the moving party must separately certify compliance with the conferral requirement, which requires a substantive verbal discussion between authorized counsel and a good-faith effort to resolve the motion.
Judge David C. Koenig's rules set a pre-motion procedure for remote appearance requests. Requests to appear using communication technology must be made by motion.
74 more rules answer this question in the list above.
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