Judge G. Joseph Curley
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Courtesy Copies
Courtesy copies
- At Least 3 Days Before Hearing
Filings > 30 pages
Motion
Motion, Brief
- At Least 5 Days Before Hearing
Adjournments
- A motion to amend the DCMO must include the specified supporting and scheduling information.
- A DCMO extension motion must state the basis for the extension and when that basis became known.
- A DCMO extension motion must state whether it is opposed.
- +9 more
Request must include
Communication
Chambers
Clerk
Phone
Court-widePhone
Court-wideClerk
Phone
Court-wideDuty Judge
Phone
Court-wideChambers
Document Format Requirements1 rule
Specified closing documents must reserve a three-by-three-inch area in the upper-right corner, use one-inch margins, and have consecutively numbered pages.
The following documents must be in compliance with Supreme Court Order no. SC13-2384 amendments to Florida rule of judicial administration 2.520(d), which requires a 3 x 3 inch available space in the right upper hand corner; one inch margin on all sides of documents; and pages must be consecutively numbered.
Document Filing Requirements15 rules
A pre-hearing resolution requires an agreed order submitted through Online Services, titled in the specified form and accompanied by a cover letter confirming unanimous review and agreement.
If a motion is resolved prior to hearing, an agreed order must be submitted to the Court via Online Services. The order must say "Agreed Order on (Title of Motion)." Please include a cover letter (as a supporting document) to the judge indicating that all parties have reviewed and agreed to the language of the proposed agreed order.
Document Type
Agreed Order
The proposed continuance order must state the factual basis, suggest a new trial date or set a case management conference, and specify permitted or prohibited further activity.
The parties must provide a proposed Order on the Motion for Continuance. The rules now require that the court state, either on the record or in a written order, the factual basis for the ruling. Accordingly, the proposed order must include the factual basis offered for the continuance. The proposed order must also suggest a new trial date or set a case management conference. Finally, the proposed order must reflect what further activity will or will not be permitted.
Document Type
Continuance Motion
A DCMO amendment motion must include a detailed proposed order showing good cause, the specific relief, and any additional discovery permitted.
a proposed order with the motion which shows good cause (in detail) to grant the motion, the specific relief requested, and a statement of what, if any, additional discovery is allowed.
Document Type
Dcmo Amendment Motion
A settlement notice or mediation report does not close a case; required formal dismissal paperwork must be submitted through Online Services.
A notice of settlement or a mediation report indicating agreement does not close the case. The notification must be followed up by necessary and appropriate formal paperwork. Submit orders of dismissal of cases through Online Services.
Document Type
Order Of Dismissal
A substitution stipulation must include written client consent and, absent objection, may be submitted without a hearing with the signed stipulation and consent attached through the Online Scheduling System.
Stipulations for substitution of counsel must comply with Fla. R. Jud. Admin 2.505(e) and (f). The written consent of the client must be included. As long as there is no objection and there is written client consent, a hearing is not necessary. Submit the order for signature by the judge via the Online Scheduling System and attach a copy of the signed stipulation and written client consent as supporting documents.
Document Type
Stipulation For Substitution Of Counsel
For a compliant ex parte motion to compel discovery, the moving attorney must submit the proposed order and a copy of the motion through the Online Scheduling System.
The moving attorney must submit the order for signature by the judge and provide a copy of the motion as an attachment via the Online Scheduling System.
Document Type
Discovery Motion
A post-hearing order must state the hearing date, undergo party review before submission, and be accompanied by a cover letter confirming agreement or identifying disagreement.
If the Court directs an attorney to prepare and submit an order after a hearing, the order must state the date the hearing was held. All parties must have reviewed the order before it is submitted through Online Services. Please include a cover letter (as a supporting document) stating that all parties have reviewed the order and are in agreement with the form of the order. If parties are not in agreement with the form of the order, that must be noted in the cover letter to the judge.
Document Type
Post Hearing Order
Every continuance motion must include a proposed amended DCMO resetting applicable pretrial deadlines and identifying the calendar-call date on which trial can begin.
Every motion for a continuance must also include a proposed amended Differentiated Case Management Order (DCMO) resetting each pretrial deadline that remains applicable and indicating the date set for calendar call when the case can be ready for trial.
Document Type
Continuance Motion
Within 14 days after 60 days pass without a ruling following a hearing, the movant must file and serve a Notice of Sixty Days Expiring identifying the motion, responsive and reply papers, their service and filing dates, and the hearing date.
Any motion in a civil case as to which the Court has conducted a hearing but has not entered an order or otherwise determined the motion or matter within sixty (60) days of the hearing, the movant, whether party or non-party, shall file and serve on the Court (via email to the Court's judicial assistant at CAD-DivisionAI@pbcgov.org) and on all parties and any affected non-parties within fourteen (14) days thereafter a "Notice of Sixty Days Expiring," which shall contain the following information: (i) the title and docket entry number of the subject motion, along with the dates of service and filing; (ii) the title and docket entry number of any and all responses or opposing memoranda, along with the dates of service and filing, or if no such papers have been filed, the date on which such papers were due; (iii) the title and docket entry number of any reply memoranda, or any other papers filed and served in connection with the motion, as well as the dates of service and filing; and (iv) the date of any hearing held on the motion.
Document Type
Notice Of Sixty Days Expiring
A motion for a protective order must include a fact-supported explanation showing that compliance would cause annoyance, embarrassment, oppression, or undue burden or cost.
A motion seeking relief under this Rule must include a specific explanation, supported by facts, demonstrating how complying with the discovery request would cause annoyance, embarrassment, oppression, or undue burden or cost.
Document Type
Protective Order Motion
A party asserting a scope or burden objection must still respond regarding matters that are not contested.
The objecting party nevertheless shall respond as to those matters for which the scope or burden is not contested.
Document Type
Discovery Response
A party asserting an irrelevance or undue-burden objection must first confer in good faith with opposing counsel to narrow the request's scope.
If a party believes a discovery request seeks irrelevant information or is unduly burdensome, that party shall confer in good faith with opposing counsel to narrow the scope of the request before asserting these objections.
Document Type
Discovery Objection
Before asserting a vagueness objection, a party must attempt to obtain clarification from opposing counsel.
If a party believes that a request or a term is vague, that party shall attempt to obtain clarification from opposing counsel prior to objecting on vagueness grounds.
Document Type
Discovery Objection
A party unable to attend calendar call in person must request Zoom appearance by motion and submit the proposed order with the motion attached through the Online Scheduling System.
Calendar call is held in person in courtroom 11C at 9:00 a.m. on the assigned calendar call dates. If a party is unable to appear in person because of extenuating circumstances, a motion and order is required. Submit the order requesting appearance by Zoom at calendar call with a copy of the motion as an attachment on the Online Scheduling System.
Document Type
Motion For Zoom Calendar Call
A party seeking to appear by Zoom at calendar call for extenuating circumstances must file a motion and submit the proposed order through the Online Scheduling System with the motion attached.
In-person appearance at calendar call is strongly preferred. If a party wishes to appear via Zoom because of extenuating circumstances, a motion and order is required. Submit the proposed order on the Online Scheduling System and provide the motion as an attachment.
Document Type
Motion For Zoom Calendar Call
Filing & Service rules
Filing Timing and Cure Windows
If a motion remains undetermined 60 days after its hearing, the movant must file the notice within 14 days thereafter.
Any motion in a civil case as to which the Court has conducted a hearing but has not entered an order or otherwise determined the motion or matter within sixty (60) days of the hearing, the movant, whether party or non-party, shall file and serve on the Court (via email to the Court's judicial assistant at CAD-DivisionAI@pbcgov.org) and on all parties and any affected non-parties within fourteen (14) days thereafter a "Notice of Sixty Days Expiring,"
Page 1 | AMENDED STANDING ORDER RE: 60-DAY NOTICE TO COURT OF PENDING MOTIONS REQUIRING A RULING FOR DIVISION AI
A written response to a Daubert motion is strongly encouraged and should be filed ten days after the motion.
Written responses to any Daubert motion are strongly encouraged and should be filed ten (10) days after the motion is filed.
Page 1 | Daubert Motions
Service and Proof of Service Rules
Orders are electronically served on registered parties, while submission documents for an unregistered or pro se recipient must state that the moving party will serve the order by U.S. Mail.
Orders are served to all parties registered to receive e-service. Documents submitted which require service to an unregistered or pro se party must indicate that the moving party is required to furnish the order via U.S. Mail.
Page 1 | Submission of Orders
The required notice must be served on the Court by email to the judicial assistant and on all parties and affected non-parties within 14 days after the 60-day period expires.
the movant, whether party or non-party, shall file and serve on the Court (via email to the Court's judicial assistant at CAD-DivisionAI@pbcgov.org) and on all parties and any affected non-parties within fourteen (14) days thereafter a "Notice of Sixty Days Expiring,"
Page 1 | AMENDED STANDING ORDER RE: 60-DAY NOTICE TO COURT OF PENDING MOTIONS REQUIRING A RULING FOR DIVISION AI
After receiving the signed Commission, the requesting party must serve every counsel by electronic mail with a copy.
After receipt of the signed Commission from the Court, the requesting party shall serve all counsel by electronic mail with a copy of the Commission.
Page 3 | v.) Commissions to Take Out-of-state Depositions
A Notice of Email Designation alone does not register a party for judicial electronic service; registration through the circuit's Online Services is required.
The filing of a "Notice of E-mail Designation" does not automatically register you for judicial e-service. You must register with the 15th Circuit's Online Services.
Page 1 | E-Service for Proposed Orders
Materials provided to the Court must be sent simultaneously to the opposing party.
Any memorandum or materials provided to the Court shall be simultaneously sent to the opposing party.
Page 1 | Specially Set Hearings
Orders are electronically served on attorneys and parties who have registered their primary and secondary email addresses with the circuit.
Orders are electronically served to all attorneys/parties that have registered their primary and secondary e-mail addresses with the 15th Circuit.
Page 1 | E-Service for Proposed Orders
Courtesy Copy Requirements
An emergency motion must be filed with the clerk and emailed to the court with all parties copied.
All such motions must be filed with the Clerk and a copy sent via email to CAD-DivisionAI@pbcgov.org with all parties copied.
Page 1 | Emergency Motions and Requests for Emergency Hearing
A courtesy copy of the notice of hearing and relevant motion or pleading must reach chambers at least three days before the hearing by mail or courier.
The Court reviews all motions prior to the hearing. A copy of the Notice of Hearing and the motion or other pertinent pleading must be sent to chambers at least three (3) days in advance, via regular U.S. Mail, express mail or delivered via courier.
Page 1 | Uniform Motion Calendar (UMC)
The sender must deliver the motion, memorandum of law, and case law directly to Judge Curley by U.S. Mail, express mail, or hand delivery to the courthouse judicial drop box at least five (5) days before the scheduled hearing.
A copy of the motion, memorandum of law and case law must be sent directly to Judge Curley, via U.S. Mail, express mail or hand-delivered to the judicial drop box on the main floor of the courthouse, no later than five (5) days in advance of the scheduled hearing.
Page 1 | Specially Set Hearings
A post-judgment rehearing, clarification, or new-trial motion must be filed with the clerk and a copy with supporting authority emailed to Judge Curley.
File the motion with the Clerk and provide a copy with supporting authority via email to CAD-DivisionAI@pbcgov.org for review by Judge Curley.
Page 1 | Rehearing or Relief-from-Judgment Motions
Portions of case law and documents intended for the Court should be tabbed and highlighted, and email courtesy copies are prohibited absent permission.
Those portions of case law and documents to be considered by the Court should be appropriately tabbed and highlighted. Absent permission, the Court WILL NOT accept any courtesy copies of the foregoing via email.
Page 1 | Specially Set Hearings
Courier submissions must be placed in the designated courthouse judicial-delivery box, and the judicial assistant may not accept materials at the glass doors.
Per security protocols, submissions delivered via courier must be placed in the black box designated for judicial deliveries on the first floor of the courthouse. The judicial assistant is not permitted to accept hand-delivered materials at the glass doors.
Page 1 | Uniform Motion Calendar (UMC)
For multiple motions or a hearing expected to exceed 30 minutes, the moving party must email the Court a courtesy copy with a cover letter stating the requested hearing time.
If a case has multiple motions or if any of the parties believe that the hearing will take longer than 30 minutes, the moving party shall email a courtesy copy of the motion(s) with a cover letter to the Court indicating how much time is requested.
Page 1 | Specially Set Motions Requiring Additional Time
Pre-Motion Conference Requirements
Before seeking court intervention or filing a discovery motion, counsel must speak in person or by telephone and make a genuine effort to compromise and resolve the dispute.
If a discovery dispute arises, counsel must actually speak to one another (in person or via telephone) and engage in reasonable compromise in a genuine effort to resolve their discovery disputes before seeking Court intervention. No discovery motions shall be filed until after the parties have engaged in this process.
Page 5 | A. Pre-hearing Communication
Adjournment & Extension Requirements
A DCMO extension motion must describe the actions and specific dates needed to meet the proposed schedule, including participant availability.
the action and specific dates for the action that will enable the movant to meet the proposed new deadline or projected trial period, including, but not limited to, confirming the specific date any required participants such as third-party witnesses or experts are available. (See Rule 1.200 Fla. R. Civ. P.); and
Page 1 | DCM Case Management Conferences (DCM)
Every continuance motion, including an agreed motion, must state the required continuance information specifically.
All motions for continuance, even if agreed, must state with specificity:
Page 1 | Trial Continuances
A DCMO extension motion must state the basis for the extension and when that basis became known.
the basis of the need for the extension, including when the basis became known to the movant;
Page 1 | DCM Case Management Conferences (DCM)
A continuance motion must state the proposed trial-ready date and whether all parties agree to that date.
the proposed date by which the case will be ready for trial and whether that date is agreed by all parties.
Page 1 | Trial Continuances
Trial continuances are disfavored, may be granted only for good cause, and cannot be based on lack of due diligence.
Motions to continue trial are disfavored and should rarely be granted and then only upon good cause shown. Successive continuances are highly disfavored. Lack of due diligence in preparing for trial is not grounds to continue the case.
Page 1 | Trial Continuances
A continuance motion must be filed promptly after good cause appears, and delayed filing may result in denial.
Motions must be filed promptly after the appearance of good cause to support such motion. Failure to promptly request a continuance may be a basis for denying the motion to continue.
Page 1 | Trial Continuances
A motion to amend the DCMO must include the specified supporting and scheduling information.
Motions to amend the DCMO must include:
Page 1 | DCM Case Management Conferences (DCM)
A continuance motion must state the basis for the continuance and when the movant learned of it.
the basis of the need for the continuance, including when the basis became known to the movant;
Page 1 | Trial Continuances
A continuance motion must describe the actions and dates needed to achieve trial readiness, including necessary participant availability.
the action and specific dates for the action that will enable the movant to be ready for trial by the proposed date, including, but not limited to, confirming the specific date any required participants such as third-party witnesses or experts are available; and
Page 1 | Trial Continuances
A DCMO extension motion must identify the requested extension date and whether all parties agree to it.
the specific date to which the movant is requesting the deadline or projected trial period be extended, and whether that date is agreed by all parties;
Page 1 | DCM Case Management Conferences (DCM)
A DCMO extension motion must state whether it is opposed.
whether the motion is opposed;
Page 1 | DCM Case Management Conferences (DCM)
The parties may agree to a longer production period without court approval; absent agreement, a responding party unable to complete production within 30 days should seek an enlargement of time and include good cause and a proposed production schedule.
The parties may agree to a longer period for production, without leave of Court. In the absence of agreement among the parties, if the production will not be completed within 30 days of the response deadline, a motion for enlargement of time should be filed by the responding party. The motion shall include a good cause explanation for why production cannot be completed within that time period, and a proposed schedule for completing the production.
Page 5 | E. Objections Based upon Privilege-Requests for Production and Interrogatories
Chambers Communication Rules
Immediate notice of settlement must be emailed to the court at the stated address.
If the entire case has settled, please notify the Court immediately at CAD-DivisionAI@pbcgov.org.
Page 1 | Settlement or Dismissal of Cases
Case-related communications to chambers must be emailed to the judicial assistant with all parties copied and must comply with the hearing-setting instructions.
All communications must be via email to JA Lucille Kilgallon at CAD-DivisionAI@pbcgov.org, with all parties copied and otherwise in accord with the instructions on setting hearings set forth below.
Page 1 | General Practices and Procedures
Substantive issues must be raised by motion rather than raised with the judicial assistant.
All substantive issues are handled by the Court via motion. Please file a motion and do not contact the judicial assistant about any substantive matters.
Page 1 | General Practices and Procedures
Chambers communication about case-related matters is limited to hearing scheduling and related issues unless the Court directs otherwise.
Unless otherwise specifically directed by the Court, communication with chambers on case-related matters is limited to scheduling hearings and related issues.
Page 1 | General Practices and Procedures
Case-specific questions should be sent to the judicial assistant by email at the stated address.
For case-specific questions, the best way to contact the judicial assistant (JA) is via email at CAD-DivisionAI@pbcgov.org.
Page 1 | General Practices and Procedures
Junior Lawyer Participation Incentives
Lead counsel should identify an attorney with seven or fewer years of experience before a hearing, and the Court permits multiple lawyers to argue an issue when a less-experienced lawyer is presenting.
Judge Curley has a strong commitment to supporting the development of our next generation of lawyers. The Court encourages parties and senior attorneys to allow less-experienced practitioners the opportunity to argue in court. Lead counsel should advise the Court prior to the beginning of a hearing if a lawyer of seven (7) or fewer years of experience will be arguing a matter. Ordinarily, only one lawyer for each party may argue at a hearing. In the event a less-experienced lawyer is presenting, the Court will allow multiple lawyers to argue on an issue.
Page 1 | Next Generation Lawyers
The Court encourages new or inexperienced attorneys to use UMC hearings to gain courtroom experience.
The Court encourages new or inexperienced attorneys to use this as an opportunity to get comfortable with working in the courtroom and in person with the Court.
Page 1 | Uniform Motion Calendar (UMC)
Ordinarily one lawyer per party may argue at a discovery hearing, but the court will allow multiple lawyers when a lawyer with three or fewer years of experience is participating, provided the party gives advance notice.
Ordinarily, only one lawyer for each party may argue at the discovery hearing. Nevertheless, the Court has a strong commitment to supporting the development of our next generation of lawyers. The Court encourages parties and experienced, seasoned attorneys to allow less-experienced practitioners the opportunity to argue in court. A party should advise the Court prior to the beginning of the hearing if a lawyer of 3 or fewer years of experience will be arguing the matter. In that event, the Court will allow multiple lawyers to argue on behalf of that party.
Page 6 | B. Encouraging Participation by Less-Experienced Lawyers