Eighth Judicial Circuit of Florida, Alachua, Baker, Bradford, Gilchrist, Levy and Union Counties
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Communication
Document Format Requirements3 rules
Attach Petitioner’s Exhibit List (all exhibits must be pre-marked for trial)
Attach Respondent’s Exhibit List (all exhibits must be pre-marked for trial)
It is recommended that you first save the Equitable Distribution Worksheet as a personal Excel Macro-Enabled Template, so that you will be prompted to save the spreadsheet with a new name upon opening and not risk losing data.
Document Filing Requirements46 rules
In each civil case, the standing civil case management order (attached hereto as Appendix A) shall be signed by the plaintiff and filed in the court file along with the complaint.
The motion shall contain a good faith statement reflecting the date and time of the conference with opposing counsel. A statement that counsel attempted to confer with opposing counsel is insufficient unless the good faith statement details the date and time of at least three attempts to confer that occurred within the one-month period immediately prior to the filing of the motion.
I HEREBY CERTIFY that I have read and will comply with the foregoing standing order and shall cause it to be filed and served, contemporaneously with the complaint, on all named defendants.
Attach Petitioner’s Witness List
Include
- •Attach Petitioner’s Witness List
Attach Respondent’s Witness List
Include
- •Attach Respondent’s Witness List
Complete this section if this is a dissolution of marriage action.
Complete this section if this is a dissolution of marriage action
Footnote any item for which a special equity is claimed.
Attach Petitioner’s Exhibit List (all exhibits must be pre-marked for trial)
Must include
- •Attach Petitioner’s Exhibit List
Attach Respondent’s Exhibit List (all exhibits must be pre-marked for trial)
Must include
- •Attach Respondent’s Exhibit List
If value is disputed, list the asset again on the next line and fill out columns 2, 3, 4, & 5 for each party.
If yes, state the amount of the arrearage, the date and amount of the next payment due, and the date and docket entry number for the court order establishing the support that is in arrears.
If Child Support is an issue? Yes/No If yes, attach a fully completed child support calculation worksheet (Florida Family Rule Form 12.902(e).
In hearings where the Court does not provide a record, all notices of hearings must specify whether the party setting a matter for hearing will be securing the services of a court reporter and, if so, the name and address of the court reporter.
Where immediate transcription instructions in a death penalty proceeding are required but are not given, the state attorney or defense attorney shall move for the transcription of the relevant proceedings and prepare an order to transcribe for the signature of the appropriate judge.
The requesting party shall be required to complete and sign a written Transcript or Audio/Video CD Request Form and Prohibition Against Dissemination (found at http://circuit8.org/transcripts) to obtain audio records.
Specified counsel may obtain a rough-draft transcript or recording CD by written request.
Court's wording
Any state attorney, public defender, regional counsel, or court-appointed counsel may obtain a transcript in rough-draft form from a real-time reporter or a CD of a digital recording by written request, at no charge to their offices, per the July 1, 2004 cost-sharing agreement for Court Reporting Services.
The clerk of court may have a CD of a digital recording of any court event at no charge to their office by written request.
Requests for a transcript of proceedings should be made in writing utilizing the Transcript Request Form found at http://circuit8.org/transcripts. The completed and signed form shall be submitted to Manager, Court Reporting Services, 220 South Main Street, Room B417, Gainesville, Florida 32601, or via e-mail, wablek@circuit8.org. The request must include the case name and uniform case number, date of the proceeding, and name of the presiding judge.
Specified counsel seeking a final certified transcript must obtain a signed order and copy Court Reporting on the motion and order.
Court's wording
Any state attorney, public defender, regional counsel, or court-appointed counsel may obtain a transcript for any court event, including appeals in final certified form with an order signed by the presiding judge at no charge to their offices, per the July 1, 2004 implementation of the cost-sharing agreement for Court Reporting Services. Court Reporting shall be copied with the motion and order for transcription.
The original transcript of any court proceeding shall be filed with the clerk of court.
No recordings of proceedings will be transcribed at public expense without a court order.
The court reporter must electronically sign the certificate of every required transcript, whether original or copy.
Court's wording
The stenographic and/or digital court reporter will produce true and accurate transcripts as required and will electronically sign the certificate of every transcript required to be produced regardless of whether it is called an original or a copy, and submit electronically to the clerk of court.
The signed Standing Order shall be docketed by the Clerk as a separate document with its own time stamp.
At the time of filing, the Petitioner shall submit the Standing Order, which they have signed indicating their receipt thereof.
No summons shall be issued in an applicable case unless the appropriate signed Standing Order is filed.
If you wish to modify the conditions of this order, you or your attorney must file an appropriate motion with the Clerk’s Office in the county where the action is pending and schedule the matter for hearing with the judge assigned to your case.
The parties must file proof of completion of the approved parenting course before entry of final judgment.
Court's wording
The parties shall file proof of completion of a 4-hour Parenting Education and Family Stabilization Course approved by the Department of Children and Families before entry by the court of a final judgment.
The spreadsheet should be printed and filed with the Joint Pre-Trial Memorandum / Stipulations and provided digitally to the Court.
by substitution of counsel, requiring written consent of the client, filed with the court, and a court order permitting substitution;
by filing with the court and serving upon all parties a written notice of appearance for a previously pro se party, or as co-counsel for a party currently represented by counsel;
WHEREAS, Florida Rule of General Practice and Judicial Administration 2.505(e) states that an attorney may only appear in a judicial proceeding in one of three ways: (1) by filing and serving the first pleading or paper on behalf of a party in a proceeding; (2) by substitution of counsel, requiring written consent of the client, filed with the court, and a court order permitting substitution; or (3) by filing with the court and serving upon all parties a written notice of appearance for a previously pro se party, or as co-counsel for a party currently represented by counsel;
WHEREAS, Florida Family Law Rule 12.040, though not applicable to civil cases, requires inclusion of the name, address, and telephone number of the person(s) represented by the withdrawing attorney, along with any designated e-mail address(es) for service,
In family or probate matters, an attorney entering a limited appearance must file a party-signed notice of limited appearance at entry and comply with the specified rules.
Court's wording
Attorneys in family or probate matters seeking to enter a limited appearance on behalf of a party must file, at the time the attorney enters an appearance, a notice of limited appearance pursuant to Florida Family Law Rule of Procedure 12.040, or Florida Probate Rule 5.030, signed by the party, and must otherwise fully comply with Florida Family Law Rule of Procedure 12.040, or Florida Probate Rule 5.030, as well as Florida Rules of General Practice and Judicial Administration 2.505(e).
A coverage attorney must file a notice of appearance as co-counsel before the court recognizes the attorney as representing the party.
Court's wording
From time to time, with the permission of the client, an attorney may arrange for another attorney to appear at a proceeding to represent a party. Such “coverage” attorney must file a notice of appearance as co-counsel before the court will recognize the attorney as representing that party. Fla. R. Gen. Prac. & Jud. Admin 2.505(e).
Before the court recognizes an attorney as representing a party, the attorney must file the initial pleading, obtain an order permitting substitution, or file a written notice of appearance.
Court's wording
Before the court will recognize an attorney as representing a party, the attorney must comply with Florida Rule of General Practice and Judicial Administration 2.505(e) by: a. Filing the initial pleading on behalf of a party; b. Obtaining an order permitting substitution of counsel; or c. Filing a written notice of appearance as counsel or co-counsel.
“Limited Appearance” attorneys are considered attorney of record until they have filed the notice of completion of limited appearance required by Rule 12.040(c)(1), or Florida Probate Rule 5.030.
Attorneys wishing to terminate their limited appearance in a civil proceeding must file a Termination of Limited Appearance, and the use of the attached form (Appendix A)
An attorney seeking to withdraw shall file a motion pursuant Florida Rule of General Practice and Judicial Administration 2.505(f)(1). The motion to withdraw shall set forth the reasons for withdrawal and shall include the client’s last known address, telephone number, and e-mail address.
The provided termination-of-limited-appearance form includes a certification that the matter is concluded, a request to enter the termination, directions for service of future papers, and a service certification.
Court's wording
{Attorney’s name} , files this Termination of Limited Appearance on behalf of the [check one] (___) Plaintiff (___) Defendant, {name}, ___________________ ______________________________________, and certifies that the proceeding or matter is concluded. The clerk of the above-styled court is requested to enter this Termination of Limited Appearance of record. Copies of all future court papers should be served on the [check one only] (___) Plaintiff (___) Defendant at the contact information shown below. I certify that a copy of this termination of limited appearance was: [check all used] (___) e-mailed (___) mailed (___) hand delivered on {date} ___________________ to the person(s) listed below.
List legal description on a separate page, if necessary
Florida Family Law Rule of Procedure Form 12.900(d) provides a sample form for such notice, which serves as an acceptable format for use in civil cases (attached hereto as Appendix A);
WHEREAS, Florida Rule of Civil Procedure 1.041 provides that an attorney may file a limited notice of appearance limiting the attorney’s appearance to particular proceedings or specified matter;
If an attorney signs an initial pleading or notice of appearance on behalf of a firm, any attorney from that firm will be permitted to appear in that action without filing a separate notice of appearance.
A separate notice of appearance is not required for the specified shelter proceedings or hearings where an attorney appears only to request non-substantive action.
Court's wording
This Order shall not be construed to require a separate notice of appearance for shelter proceedings governed by Administrative Order 6.13 (“Standing Shelter Order”), or for hearings where an attorney appears for the sole purpose of requesting non-substantive action, such as continuance.
An attorney's appearance terminates by written court order after a hearing on a withdrawal motion stating the reasons and the client's last known contact information; the order's email address is the client's primary email designation unless an exception applies.
Court's wording
WHEREAS, Florida Rule of General Practice and Judicial Administration 2.505(f)(1) provides for the termination of appearance of an attorney by written order of the court after hearing on a motion setting forth reasons for withdrawal and client’s last known address, telephone number, and e-mail address, and further provides that the client’s e-mail address in the order is the client’s designation of a primary e-mail address unless the client designates a different primary e-mail address or is excused under rule 2.516(b)(1);
Filing & Service rules
Electronic Filing Rules
Appeal transcripts require one original for electronic filing unless the court orders otherwise or the clerk requires otherwise.
Appeals require one original for electronic filing, unless otherwise ordered by the court or required by the clerk of court.
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Required transcripts must be submitted electronically to the clerk by the court reporter.
The stenographic and/or digital court reporter will produce true and accurate transcripts as required and will electronically sign the certificate of every transcript required to be produced regardless of whether it is called an original or a copy, and submit electronically to the clerk of court.
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Filing Timing and Cure Windows
The court must assign each civil case to one of three case management tracks no later than 120 days after the action commences.
WHEREAS, Florida Rule of Civil Procedure 1.200(b) requires the court to assign civil cases to one of three case management tracks not later than 120 days after the action commences; and
Civil cases
Page 1 | WHEREAS
The Clerk will not accept a civil case for filing unless the signed standing order is submitted.
The Clerk shall not accept a civil case for filing without submission of the signed standing order.
Civil cases
Page 2 | Standing Case Management Order in County and Circuit Civil Cases
The standing civil case management order must be filed along with the complaint.
In each civil case, the standing civil case management order (attached hereto as Appendix A) shall be signed by the plaintiff and filed in the court file along with the complaint.
Civil cases
Page 2 | Standing Case Management Order in County and Circuit Civil Cases
Summary judgment motions must be filed at least 90 days before the pretrial conference.
8. FILING AND SERVICE OF MOTIONS FOR SUMMARY JUDGMENT: Motions for summary judgment shall be filed and served a minimum of 90 days prior to the pretrial conference and shall be scheduled for hearing immediately upon filing.
Civil cases
Page 4 | 8. FILING AND SERVICE OF MOTIONS FOR SUMMARY JUDGMENT
All pretrial motions must be filed and resolved at least 30 days before the pretrial conference.
10. FILING AND RESOLUTION OF ALL PRETRIAL MOTIONS: All pretrial motions shall be filed and resolved a minimum of 30 days prior to the pretrial conference.
Civil cases
Page 4 | 10. FILING AND RESOLUTION OF ALL PRETRIAL MOTIONS
Objections to pleadings must be filed and resolved at least 30 days before the pretrial conference.
9. FILING AND RESOLUTION OF ALL OBJECTIONS TO PLEADINGS: Objections to pleadings shall be filed and resolved a minimum of 30 days prior to the pretrial conference.
Civil cases
Page 4 | 9. FILING AND RESOLUTION OF ALL OBJECTIONS TO PLEADINGS
Requests to add new parties must be filed within 180 days of filing the complaint.
5. ADDING NEW PARTIES: Requests for the addition of new parties shall be filed within 180 days of filing the complaint.
Civil cases
Page 4 | 5. ADDING NEW PARTIES
The transcript will be filed with the clerk after payment in full.
Upon payment in full, the transcript will be filed with the clerk of court.
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Standard appeal transcripts are due 30 days after service of the notice of appeal.
Standard appeals are due 30 days after “service” of notice of appeal.
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The filer must keep the clerk and opposing parties informed of their current mailing or e-mail address and file written notice with the clerk if it changes again.
I understand that I must keep the clerk’s office and any opposing party or parties notified of my current mailing address or e-mail address. I will file a written notice with the clerk if my mailing address or e-mail address changes again.
Page 1 | Notice of Change of Mailing Address or Designated E-Mail Address
The signed Standing Order must be submitted at the time of filing.
At the time of filing, the Petitioner shall submit the Standing Order, which they have signed indicating their receipt thereof.
Civil cases
Page 2 | STANDING FAMILY COURT ORDER
If an applicable case is e-filed without a signed Standing Order, the Clerk places it in the pending queue until the e-filing attorney corrects the omission.
If an applicable case is e-filed without a signed Standing Order, that case shall be placed in the “pending queue” by the Clerk of Court until such time as the e-filing attorney corrects the omission.
Civil cases
Page 2 | STANDING FAMILY COURT ORDER
Proof of course completion must be filed before the court enters final judgment.
The parties shall file proof of completion of a 4-hour Parenting Education and Family Stabilization Course approved by the Department of Children and Families before entry by the court of a final judgment.
Civil cases
Page 4 | STANDING FAMILY COURT ORDER FOR DISSOLUTION OF MARRIAGE, SIMPLIFIED DISSOLUTION OF MARRIAGE, SEPARATE MAINTENANCE, AND ANNULMENT
Service and Proof of Service Rules
The plaintiff must serve the standing order on each named defendant along with the complaint.
The plaintiff shall cause the standing order to be served, along with the complaint, on each named defendant.
Civil cases
Page 2 | Standing Case Management Order in County and Circuit Civil Cases
Summary judgment motions must be served at least 90 days before the pretrial conference.
8. FILING AND SERVICE OF MOTIONS FOR SUMMARY JUDGMENT: Motions for summary judgment shall be filed and served a minimum of 90 days prior to the pretrial conference and shall be scheduled for hearing immediately upon filing.
Civil cases
Page 4 | 8. FILING AND SERVICE OF MOTIONS FOR SUMMARY JUDGMENT
The standing order must be filed and served on all named defendants contemporaneously with the complaint.
I HEREBY CERTIFY that I have read and will comply with the foregoing standing order and shall cause it to be filed and served, contemporaneously with the complaint, on all named defendants.
Civil cases
Page 5 | Standing Case Management Order in Civil Cases
CERTIFICATE OF SERVICE I certify that a copy hereof has been furnished on ________________________, by ☐e-mail, ☐delivery, ☐mail [choose one] to: Clerk of court for ________________ County, and (insert name(s) and address(es)
CERTIFICATE OF SERVICE I certify that a copy hereof has been furnished on ________________________, by ☐e-mail, ☐delivery, ☐mail [choose one] to: Clerk of court for ________________ County, and (insert name(s) and address(es)
Page 1 | Certificate of Service
The petitioning party must include a copy of the signed Standing Order with the petition and summons served on the Respondent.
The petitioning party shall ensure that a copy of the signed Standing Order is included with the petition and summons when served on the Respondent.
Civil cases
Page 2 | STANDING FAMILY COURT ORDER
A written notice of appearance must be served on all parties.
by filing with the court and serving upon all parties a written notice of appearance for a previously pro se party, or as co-counsel for a party currently represented by counsel;
Page 1 | ATTORNEY APPEARANCE AND WITHDRAWAL REQUIREMENTS FOR ALL CASES
The first pleading or paper filed on behalf of a party must also be served.
by filing and serving the first pleading or paper on behalf of a party in a proceeding;
Page 1 | ATTORNEY APPEARANCE AND WITHDRAWAL REQUIREMENTS FOR ALL CASES
Service of complaints should be completed within 120 days of filing.
3. SERVICE OF COMPLAINTS: Service of complaints should be completed within 120 days of filing. See Florida Rule of Civil Procedure 1.070(j).
Civil cases
Page 3 | 3. SERVICE OF COMPLAINTS
Copies of all future court papers should be served on the [check one only] (___) Plaintiff (___) Defendant at the contact information shown below.
Copies of all future court papers should be served on the [check one only] (___) Plaintiff (___) Defendant at the contact information shown below.
Page 4 | Appendix A — TERMINATION OF LIMITED APPEARANCE
Filing Fees and Waivers
A deposit equal to half the estimated transcript cost is required before work begins.
A deposit of half the estimated amount is required to begin work on the transcript.
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A requesting party who agrees to pay the scheduled transcription rates may obtain a transcript without a court order.
A court order is not required to produce a transcript when the requesting party to a case agrees to pay for the transcript at the transcription rates pursuant to fee schedule found at http://circuit8.org/transcripts.
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Fees paid to approved stenographic and digital court-reporting vendors are governed by the applicable contractual services agreements.
Fees that are paid to approved vendors of stenographic and digital court reporter services are governed by the Court Reporting Contractual Services Agreements entered into between the Eighth Judicial Circuit and the Vendor.
Page 10 | VIII. CONTRACTUAL SERVICES FEES
The applicable transcription and electronic-record copying fees are listed at the referenced website.
The applicable fees for transcription and copying of the electronic record can be found at http://circuit8.org/transcripts.
Page 10 | IX. TRANSCRIPTION FEES
Sealing & Redaction Procedures
Grand jury proceedings are recorded to audio, transferred to a CD provided to the clerk, and the recording is sealed.
A court reporter shall not be present in the courtroom for testimony in grand jury proceedings and other parts of grand jury proceedings, including deliberations and voting, but rather, these proceedings are recorded by audio, transferred to a CD, provided to the clerk of court, and the audio recording sealed.
Page 3 | III. GRAND JURY PROCEEDINGS
The approved court reporter’s work product must be filed with the clerk under seal.
The approved court reporter’s work product, including stenographic notes, electronic recordings, and transcripts shall be filed with the clerk of the court under seal.
Page 3 | III. GRAND JURY PROCEEDINGS
Before a CD is released to a non-party, confidential material must be redacted and the CD labeled accordingly.
Pursuant to Florida Supreme Court Administrative Order AOSC06-21, before any CD is released to a non-party in a case, it shall be redacted of any confidential material found therein, as defined by applicable law, and labeled accordingly.
Page 5 | Safeguarding Confidential Communications When Electronic Recording Equipment Is Used in the Courtroom
Pre-Motion Conference Requirements
Before filing any motion, counsel must have a substantive good-faith conversation with opposing counsel in person, by telephone, or by video; written exchanges of ultimatums and mere attempts to confer do not satisfy the requirement.
11. GOOD FAITH CONFERRAL FOR MOTIONS: Prior to filing ANY motion, counsel filing the motion shall confer with opposing counsel in a good faith attempt to resolve the motion. The term “confer” requires a substantive conversation between counsel in person, by telephone, or by video communication technology in a good faith effort to resolve the motion and does not envision an exchange of ultimatums by fax, e-mail, or letter. Counsel who merely attempt to confer have not conferred for purposes of this Order.
Civil cases
Page 4 | 11. GOOD FAITH CONFERRAL FOR MOTIONS
Summary judgment motions must be scheduled for hearing immediately upon filing.
8. FILING AND SERVICE OF MOTIONS FOR SUMMARY JUDGMENT: Motions for summary judgment shall be filed and served a minimum of 90 days prior to the pretrial conference and shall be scheduled for hearing immediately upon filing.
Civil cases
Page 4 | 8. FILING AND SERVICE OF MOTIONS FOR SUMMARY JUDGMENT
Adjournment & Extension Requirements
Continuances are allowed only for good cause shown.
Judges shall apply a firm continuance policy allowing continuances only for good cause shown.
Civil cases
Page 3 | 2. TRIAL DATE
For good cause shown, the trial judge has discretion over extensions of deadlines to serve process on defendants.
4. SERVICE UNDER EXTENSIONS: For good cause shown, deadlines for extensions to serve process upon defendants shall be at the discretion of the trial judge. See Florida Rule of Civil Procedure 1.070(j).
Civil cases
Page 3 | 4. SERVICE UNDER EXTENSIONS
For a non-appeal transcript, the approved reporter may request more time from the requesting attorney or, if the attorney cannot extend the time, from the court.
If the transcript is not on appeal, the approved court reporter is at liberty to request more time from the attorney that made the request of the court; or the court, if the attorney is not able to extend the time on his/her own accord.
Page 8 | TRANSCRIPTION PROCEDURES
If necessary, the court reporter preparing the transcript may request a 30-day extension before the deadline.
If determined to be necessary, an extension of 30 days may be requested by the court reporter preparing the transcript prior to the deadline date.
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Chambers Communication Rules
Completed and signed transcript request forms may be submitted to Court Reporting Services by mail or email.
The completed and signed form shall be submitted to Manager, Court Reporting Services, 220 South Main Street, Room B417, Gainesville, Florida 32601, or via e-mail, wablek@circuit8.org.
Page 8 | TRANSCRIPTION PROCEDURES