Judge Carol Falvey
Individual Rules, Standing Orders & Policies
Limits & Logistics
Courtesy Copies
Motion In Limine, Memorandum, Response
Notice Of Hearing
Communication
Phone
Chambers
Chambers
Document Filing Requirements10 rules
An opposing party responding to a motion to compel discovery must provide the information and quoted material in the same manner.
The opposing party shall then respond in a similar fashion.
Document Type
Motion To Compel Response
A motion to compel discovery must fully quote each discovery item at issue, immediately follow it with the opposing party's complete objection and grounds or the response asserted to be insufficient, and, when relying on an insufficient response, state why the motion should be granted.
A Motion to Compel Discovery pursuant to Rule 1.380, Fla.R.Civ.P., or Rule 12.380, Fla.Fam.R.P., shall include quotation in full of each interrogatory, question on deposition, request for admission, or request for production to which the motion is addressed; each of which shall be followed immediately by quotation in full of the objection and grounds therefor as stated by the opposing party; or the answer or response which is asserted to be insufficient, immediately followed by a statement of the reason the motion should be granted.
Document Type
Motion To Compel
A privilege log must cover documents, electronically stored information, things, and oral communications withheld under privilege or work-product protection, except post-commencement attorney communications and post-commencement work product.
The assertion of privilege requires preparation of a privilege log with respect to all documents, electronically stored information, things and oral communications withheld on the basis of a claim of privilege or work product protection except the following: written and oral communications between a party and its counsel after commencement of the action and work product material created after commencement of the action.
Document Type
Privilege Log
A discovery objection withholding a complete answer based on privilege must provide the required identification and privilege information unless disclosure would reveal the privileged information.
Where a claim of privilege is asserted in objecting to any discovery request and a complete answer is not provided on the basis of such assertion:
Document Type
Privilege Objection
A personal appearance is mandatory for pre-trial conferences and trials rather than telephonic appearance.
Personal appearances are required for Pre-Trial Conferences and Trials.
Document Type
Pretrial Conference And Trial Appearance
After conferring, filing counsel must submit a memorandum identifying unresolved motion-in-limine issues and presenting arguments and supporting case law for each disputed issue.
After the meet and confer requirement has been satisfied, counsel filing the Motion(s) in Limine shall submit to the Court a written memorandum of law, with supporting case law: a. Identifying each item in the Motion(s) in Limine that has not been agreed to by opposing counsel at the meet and confer; and b. Setting forth any arguments and case law in support of the disputed Motion(s) in Limine.
Document Type
Motion In Limine Memorandum
The filing party must prepare a proposed order reflecting the court's rulings after any contested motion-in-limine hearing.
The party filing the Motion in Limine will prepare the proposed order on any contested hearing reflecting the Court’s rulings.
Document Type
Motion In Limine
The Notice of Hearing should identify each motion to be heard and its filing date.
The Notice of Hearing should list the motion(s) to be heard and their respective date(s) of filing.
Document Type
Notice Of Hearing
A proposed order should accompany a motion for extension of time, leave to amend, appointment of a process server, or appointment of a guardian or attorney ad litem.
A proposed order should be submitted upon filing the following motions: Motion for Extension of Time Motion for Leave to Amend Complaint Motion to Appoint Process Server Motion to Appoint Guardian or Attorney Ad Litem
Document Type
Motion
No motion or order is required to appear telephonically before Judge Falvey.
Judge Falvey does not require a motion and order for telephonic appearances.
Document Type
Telephonic Appearance
Filing & Service rules
Electronic Filing Rules
Final judgments must be filed through the Florida Courts E-Portal at least 15 business days before the hearing.
All Final Judgments must be filed through the Florida Courts E-Portal 15 business days prior to the hearing.
Page 1 | Schedule a Hearing
Filing Timing and Cure Windows
The motion seeking a hearing must be filed before a hearing date and time may be obtained.
The Motion must be filed prior to obtaining a hearing date and time.
Page 1 | Procedures for Scheduling Circuit Civil and Family Law Hearings
All motions in limine must be filed at least 45 days before trial unless the court grants an extension.
Any and all Motions in Limine from any party must be filed no later than forty-five (45) days before trial unless extended by this Court.
Page 4 | STANDING PROCEDURES FOR MOTIONS IN LIMINE IN CIVIL CASES
Opposing counsel has five business days after submission to file a written response to a motion-in-limine memorandum if desired.
Opposing counsel will have five (5) business days to file a written response if they wish.
Page 4 | STANDING PROCEDURES FOR MOTIONS IN LIMINE IN CIVIL CASES
A motion in limine may be abandoned if it is untimely, was not discussed during the meet-and-confer process, or, if unresolved, was not set for hearing.
Any Motions in Limine not timely filed and/or not discussed at the meet and confer and (if unresolved) not set for hearing will be considered abandoned.
Page 4 | STANDING PROCEDURES FOR MOTIONS IN LIMINE IN CIVIL CASES
A final judgment must be filed no later than 15 business days before the hearing.
All Final Judgments must be filed through the Florida Courts E-Portal 15 business days prior to the hearing.
Page 1 | Schedule a Hearing
Service and Proof of Service Rules
Every proposed order must include a certificate of service identifying all counsel and parties to be served.
All proposed orders shall include a certificate of service with the names of all counsel/parties to be served.
Page 3 | Proposed Orders
The original note and mortgage should be delivered directly to the Clerk of Court at least 15 business days before the hearing.
The original note and mortgage should be sent directly to the Clerk of Court at least 15 business days prior to the hearing.
Page 1 | Schedule a Hearing
Courtesy Copy Requirements
A hard copy of the motion, memorandum, and any response must be mailed or hand-delivered to chambers.
A hard copy of the motion, memorandum, and response must be provided to the Court (chambers) by U.S. Mail or hand delivery.
Page 4 | STANDING PROCEDURES FOR MOTIONS IN LIMINE IN CIVIL CASES
One courtesy copy of the Notice of Hearing must be emailed to Ada Nieves Muller at the stated address.
Please email a courtesy copy of the Notice of Hearing to anieves@circuit5.org.
Page 1 | Procedures for Scheduling Circuit Civil and Family Law Hearings
Pre-Motion Conference Requirements
Counsel—not support or paralegal personnel—must confer by telephone and/or in person on every requested motion in limine before the court sets it for hearing.
Before setting the Motions in Limine for hearing before the Court, counsel, not support nor paralegal personnel, must meet either by telephone and/or in person and confer on each and every requested Motion in Limine.
Page 4 | STANDING PROCEDURES FOR MOTIONS IN LIMINE IN CIVIL CASES
Adjournment & Extension Requirements
Continuance requests should comply with the specified Florida civil, family-law, and judicial-administration rules.
Requests for continuances should comply with Rule 1.460, Fla.R.Civ.P., or 12.460, Fla.Fam.Law.R.P., and Rule 2.545(e) Fla.R.Jud.Admin.
Page 3 | Procedures for Cancelling Hearings/Trials and Continuances
Chambers Communication Rules
After coordinating a hearing with all counsel, counsel must confirm it remains available with the court office before preparing the Notice of Hearing because dates cannot be held.
Once a hearing date and time has been coordinated with all counsel, confirm the date with this office prior to preparing your Notice of Hearing to assure that date and time is still available as hearing dates cannot be “held.”
Page 1 | Procedures for Scheduling Circuit Civil and Family Law Hearings
When cancelling a hearing, you must immediately notify the office by telephone or email, in addition to filing a notice of cancellation.
In addition to filing your notice of cancellation, immediately notify our office by telephone or email when a hearing is to be cancelled.
Page 3 | Procedures for Cancelling Hearings/Trials and Continuances
When seeking a hearing date and time by email, counsel should have the case number, case style, motion type, requested hearing duration, and names of all counsel available.
When e-mailing or calling to obtain hearing dates and times, please have available the case number, case style, type of motion to be scheduled, the amount of hearing time requested, and names of all counsel of record.
Page 1 | Procedures for Scheduling Circuit Civil and Family Law Hearings
After filing a Notice for Trial, the attorney’s office must contact Ada Nieves Muller to coordinate the case management conference date and time.
If a Notice for Trial has been filed, the attorney’s office shall contact Ada Nieves Muller to coordinate a date and time for a case management conference.
Page 1 | Schedule a Hearing
Telephone requests for hearing time should concern hearings longer than one hour and should identify the case number and hearing type.
Inquiries for hearing time by telephone should be limited to hearings that are lasting more than one hour. Your inquiry by telephone should include your case number and the type of hearing you are seeking.
Page 1 | Schedule a Hearing
A pro se litigant may contact Ada Nieves Muller for assistance scheduling and setting a Zoom hearing.
A pro se litigant may obtain assistance with scheduling and setting of a Zoom hearing by contacting Ada Nieves Muller.
Page 1 | Procedures for Scheduling Circuit Civil and Family Law Hearings
Counsel and parties may request telephonic appearance for a hearing by contacting Ada Nieves Muller at the stated number.
Counsel and parties may appear telephonically for a hearing by contacting Ada Nieves Muller at 352-341-6717.
Page 2 | Telephonic Appearances for Hearings
Case-law submissions under five pages may be emailed to anieves@circuit5.org, while submissions over five pages must be sent by U.S. Mail sufficiently early for pre-hearing review.
If you have case law for the Judge to consider and the submission is less than five (5) pages, you may email it to anieves@circuit5.org or send it by U.S. Mail (all submissions over 5 pages) giving the Court sufficient time to review it prior to the hearing date.
Page 3 | Case Law
When all parties are represented, submitting proposed orders by email to anieves@circuit5.org is permitted.
If all parties are represented by counsel, proposed orders maybe submitted by email to anieves@circuit5.org.
Page 3 | Proposed Orders
Members of the public must not call the Court seeking to discuss a pending case with a judge.
*NOTICE TO THE PUBLIC:* The Code of Judicial Conduct governing behavior by judges forbids the Judges of the Fifth Judicial Circuit to discuss pending cases with the public. Please do not call the Court expecting to speak with a Judge about any case.
Page 1 | NOTICE TO THE PUBLIC