Judge Don Barbee
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Courtesy copies
Emergency Motion, Expedited Response Motion
Standard Motion
Communication
Chambers
Phone
Clerk
Phone
Chambers
Page & Word Limits2 rules
No legal memorandum may exceed ten pages without the Court’s prior permission.
Absent prior permission of the Court, no party shall file a legal memorandum which exceeds ten (10) pages in length.
Legal Memorandum
10 pages
Unless the court grants prior permission, a legal memorandum may not exceed ten pages.
g. Page Limitation: Absent prior permission of the Court, no party shall file a legal memorandum which exceeds ten (10) pages in length.
Legal Memorandum
10 pages
Document Format Requirements3 rules
Exhibits must have easily locatable names and be submitted as separate documents rather than combined in one PDF.
The exhibits are to be named in such a manner as to make them easily located such as “P#1 – Photo” etc. and shall be submitted as separate documents (do not submit one PDF containing multiple exhibits).
Electronic exhibits should use a commonly recognized format such as JPEG or PDF, be named for easy identification, and be submitted as separate documents rather than combined into one PDF.
The electronic exhibits should be in a commonly recognized format such as JPEG or PDF. The exhibits are to be named in such a manner as to make them easily located such as “P#1 – Photo” etc. and shall be submitted as separate documents (do not submit one PDF containing
Electronic exhibits should use a commonly recognized format such as JPEG or PDF, have descriptive names, and be submitted as separate documents rather than combined into one PDF.
The electronic exhibits should be in a commonly recognized format such as JPEG or PDF. The exhibits are to be named in such a manner as to make them easily located such as “P#1 – Copy of Will” etc. and shall be submitted as separate documents (do not submit one PDF containing multiple exhibits).
Document Filing Requirements15 rules
A legal memorandum is generally required for written motions except the listed exceptions, and the motion must be titled “Motion to/for ______ and Memorandum of Law.”
Legal Memorandum: Required for all written motions except continuance, discovery related, defaults, extension of time, or substitution/withdrawal of counsel. The Motion shall be titled “Motion to/for ______ and Memorandum of Law”.
Document Type
Legal Memorandum
Every nondispositive motion must contain a certificate that a good-faith effort was made to resolve the dispute before filing.
All motions (other than dispositive motions) shall contain a certificate that a good faith effort has been made to resolve the dispute prior to filing the motion.
Document Type
Motion
When the parties stipulate to a remote appearance, they must submit a proposed order.
if the parties stipulate to the remote appearance send in a proposed order.
Document Type
Proposed Order
A motion challenging discovery must identify the challenged interrogatory, question, or request; state the grounds for objection; and cite legal authority for the movant’s position.
Motions related to the content of discovery shall include the interrogatory, question or request being challenged, the grounds for the objection, and the legal authority for the position taken by the movant.
Document Type
Discovery Motion
A written request for a hearing must accompany the motion and include an estimate of the time needed for argument.
The request for a hearing must accompany the motion and must estimate the time required for argument.
Document Type
Motion
If the opposing side objects to a remote appearance, a motion must be filed and set for hearing.
If the other side objects to a remote appearance, file a motion and set it for hearing.
Document Type
Motion
Every proposed order must include a complete certificate of service.
Proposed orders should be submitted no more than 24 hours prior to the hearing and within five (5) days after the hearing is held and shall include a complete certificate of service.
Document Type
Proposed Order
A legal memorandum and the prescribed motion title are required for written motions, subject to stated exceptions.
c. Legal Memorandum: Required for all written motions except continuance, discovery related, defaults, extension of time, or substitution/withdrawal of counsel. The Motion shall be titled “Motion to/for ______ and Memorandum of Law”.
Document Type
Motion
A discovery-content motion must identify the challenged interrogatory, question, or request, state the grounds for objection, and cite supporting legal authority.
e. Discovery: Motions related to the content of discovery shall include the interrogatory, question or request being challenged, the grounds for the objection, and the legal authority for the position taken by the movant.
Document Type
Discovery Motion
A requested hearing must be included with the motion and specify the time needed for argument.
The request for a hearing must accompany the motion and must estimate the time required for argument.
Document Type
Motion
If the opposing side objects to a remote appearance, a party must file a motion and set it for hearing.
If the other side objects to a remote appearance, file a motion and set it for hearing.
Document Type
Motion
When the parties stipulate to a remote appearance, they must submit a proposed order.
In a nutshell, if the parties stipulate to the remote appearance send in a proposed order.
Document Type
Proposed Order
A response must include a legal memorandum.
Opposing party shall have ten (10) days from receipt of a motion to file a response (along with legal memorandum).
Document Type
Response
Every proposed order must include a complete certificate of service.
Proposed orders should be submitted no more than 24 hours prior to the hearing and within five (5) days after the hearing is held and shall include a complete certificate of service.
Document Type
Proposed Order
Proposed orders may not be submitted until all necessary predicate documents are visible in the online docket, and a motion or petition and its proposed orders may not be submitted through the portal on the same day.
Please do not submit proposed orders until all of the necessary predicate documents are visible in the online docket, i.e. do not file your motion/petition through the portal and send the proposed orders on the same day.
Document Type
Proposed Order
Filing & Service rules
Electronic Filing Rules
Filings should be paperless, and paper or U.S. Mail submission is prohibited unless absolutely necessary and approved in advance.
PAPERLESS: 100% paperless is the goal. Please do not submit copies of motions, proposed orders, or anything else in paper format or through the U.S. Mail unless absolutely necessary and with prior approval. This includes evidence – see below.
Page 1 | PAPERLESS
Paper evidence is not accepted; electronic evidence must be submitted to the Court and opposing counsel at least two business days before any bench trial or evidentiary hearing.
This Court does not accept paper evidence. Evidence for ALL bench trials and evidentiary hearings (Zoom and live) shall be submitted to the Court and opposing counsel electronically to hernandoprobate@circuit5.org at least 2 business days before the hearing/trial.
Page 2 | EVIDENCE (NON-JURY TRIALS AND JUDICIAL HEARINGS)
Paper proposed orders must not be sent to the judicial assistant because they will be discarded.
Do not EVER send paper proposed orders to the judicial assistant – they will be placed in the recycle bin.
Page 3 | PROPOSED ORDERS
Orders must be submitted through the court’s E-Portal.
Orders are to be submitted via the E-Portal per our webpage.
Page 3 | PROPOSED ORDERS
Proposed orders must be submitted through the E-Portal.
FOR PROPOSED ORDERS submitted through the E-Portal.
Page 1 | Submitting Proposed Orders
Filings should be paperless, and paper or U.S. Mail submission is prohibited unless absolutely necessary and approved in advance.
PAPERLESS: 100% paperless is the goal. Please do not submit copies of motions, proposed orders, or anything else in paper format or through the U.S. Mail unless absolutely necessary and with prior approval. This includes evidence – see below.
Page 1 | PAPERLESS
Electronic evidence must be emailed to the Court and opposing counsel at least two business days before a bench trial or evidentiary hearing.
Evidence for ALL bench trials and evidentiary hearings (Zoom and live) shall be submitted to the Court and opposing counsel electronically to dcbcivil@circuit5.org at least 2 business days before the hearing/trial.
Page 3 | EVIDENCE (NON-JURY TRIALS AND JUDICIAL HEARINGS)
Proposed orders must be submitted through the court’s E-portal.
Orders are to be submitted via the E-portal per our webpage.
Page 3 | PROPOSED ORDERS
Paper evidence is prohibited in bench trials and evidentiary hearings.
This Court does not accept paper evidence.
Page 3 | EVIDENCE (NON-JURY TRIALS AND JUDICIAL HEARINGS)
Paper proposed orders must not be sent to the judicial assistant.
Do not EVER send paper proposed orders to the judicial assistant – they will be placed in the recycle bin.
Page 3 | PROPOSED ORDERS
All proposed orders must be submitted through the Florida Courts E-portal.
All proposed orders shall be submitted through the Florida Courts E-portal.
Page 1 | 2. PROPOSED ORDERS
The court does not accept paper evidence at trials or hearings.
This Court does not accept paper evidence during trials or hearings.
Page 3 | 11. EVIDENCE
Proposed orders and copies of pleadings must not be submitted in paper format or through the U.S. Mail.
The Probate Division in Hernando County strives to be 100% paperless. Please do not submit proposed orders or copies of pleadings in paper format or through the U.S. Mail.
Page 1 | 1. PAPERLESS
Materials already in the court file need not be resubmitted as evidence because the Court will take judicial notice of them.
Pursuant to F.S. 90.202(6), the Court will take judicial notice of items already in the court file (pleadings, orders, financial affidavits, etc.) so those items need not be provided.
Page 3 | EVIDENCE (NON-JURY TRIALS AND JUDICIAL HEARINGS)
Parties transmitting a large volume of evidence are encouraged to use Dropbox or a secure ZIP file.
Parties with a large number of exhibits should consider using “dropbox” or a secure zip file to transmit large amounts of evidence to the Court.
Page 3 | EVIDENCE (NON-JURY TRIALS AND JUDICIAL HEARINGS)
Filing Timing and Cure Windows
An opposing party has ten days from receiving a motion to file a response and accompanying legal memorandum.
Opposing party shall have ten (10) days from receipt of a motion to file a response (along with legal memorandum).
Page 2 | MOTION PRACTICE
Electronic evidence for every bench trial and evidentiary hearing, whether Zoom or live, is due to the Court and opposing counsel at least two business days before the hearing or trial.
Evidence for ALL bench trials and evidentiary hearings (Zoom and live) shall be submitted to the Court and opposing counsel electronically to hernandoprobate@circuit5.org at least 2 business days before the hearing/trial.
Page 2 | EVIDENCE (NON-JURY TRIALS AND JUDICIAL HEARINGS)
An opposing party has ten days from receipt of a motion to file a response with a legal memorandum.
Opposing party shall have ten (10) days from receipt of a motion to file a response (along with legal memorandum).
Page 2 | MOTION PRACTICE
Electronic evidence is due at least two business days before the hearing or trial.
Evidence for ALL bench trials and evidentiary hearings (Zoom and live) shall be submitted to the Court and opposing counsel electronically to dcbcivil@circuit5.org at least 2 business days before the hearing/trial.
Page 3 | EVIDENCE (NON-JURY TRIALS AND JUDICIAL HEARINGS)
Proposed orders should be submitted no more than 24 hours before the hearing and within five days after it, with a complete certificate of service.
Proposed orders should be submitted no more than 24 hours prior to the hearing and within five (5) days after the hearing is held and shall include a complete certificate of service.
Page 3 | PROPOSED ORDERS
Probate matters must be completed within 12 months after Letters of Administration are issued.
Florida Probate Rule 5.400(c) requires that probate matters be completed within twelve (12) months of being issued Letters of Administration.
Page 1 | 4. TIME TO COMPLETE ADMINISTRATION OF THE ESTATE
For all evidentiary hearings, evidence must be electronically submitted to the judicial assistant and shared with opposing counsel or the opposing party at least one full business day before the hearing, or by any earlier date established in the hearing order.
Evidence for ALL evidentiary hearings (Zoom and live) shall be submitted to the judicial assistant at hernandoprobate@circuit5.org, as well shared with opposing counsel/party, in an electronic format at least one full business day prior to the trial/hearing or any earlier date established in the order setting the trial/hearing.
Page 3 | 11. EVIDENCE
A movant who believes a reply is necessary must immediately notify the judicial assistant, and the Court will defer its ruling for five days while awaiting the reply.
If the movant believes a Reply is necessary to the Response, he/she shall immediately notify the judicial assistant via email at hernandoprobate@circuit5.org. The Court will defer ruling for 5 days awaiting receipt of the reply.
Page 2 | MOTION PRACTICE
Proposed orders should be submitted within five days after the hearing is held.
Proposed orders should be submitted no more than 24 hours prior to the hearing and within five (5) days after the hearing is held
Page 3 | PROPOSED ORDERS
Proposed orders should be submitted no more than 24 hours before the hearing.
Proposed orders should be submitted no more than 24 hours prior to the hearing
Page 3 | PROPOSED ORDERS
Failure to respond timely may result in an order treating the motion as unopposed.
Failure to timely respond may result in the issuance of an order as if motion was unopposed.
Page 2 | MOTION PRACTICE
After receiving notice that a reply is needed, the court will defer its ruling for five days while awaiting the reply.
The Court will defer ruling for 5 days awaiting receipt of the reply.
Page 2 | MOTION PRACTICE
Service and Proof of Service Rules
Evidence must be electronically served on opposing counsel at least two business days before the hearing or trial.
Evidence for ALL bench trials and evidentiary hearings (Zoom and live) shall be submitted to the Court and opposing counsel electronically to dcbcivil@circuit5.org at least 2 business days before the hearing/trial.
Page 3 | EVIDENCE (NON-JURY TRIALS AND JUDICIAL HEARINGS)
Evidence for all evidentiary hearings must be submitted electronically to the judicial assistant and shared electronically with opposing counsel or the opposing party.
Evidence for ALL evidentiary hearings (Zoom and live) shall be submitted to the judicial assistant at hernandoprobate@circuit5.org, as well shared with opposing counsel/party, in an electronic format
Page 3 | 11. EVIDENCE
Courtesy Copy Requirements
Standard motions should be filed with the Clerk and should not be copied to the Judge.
Copies of standard motions should be filed with the Clerk and NOT copied to the Judge.
Page 1 | MOTION PRACTICE
Courtesy copies of emergency motions and motions seeking an expedited response should be emailed to the court.
Courtesy copies of emergency motions or those seeking an expedited response should be provided to the court at hernandoprobate@circuit5.org.
Page 1 | MOTION PRACTICE
Standard motions should be filed with the clerk and should not be copied to the judge.
Copies of standard motions should be filed with the Clerk and NOT copied to the Judge.
Page 1 | MOTION PRACTICE
Courtesy copies of emergency or expedited-response motions should be emailed to the court at dcbcivil@circuit5.org.
a. Courtesy copies of emergency motions or those seeking an expedited response should be provided to the court at dcbcivil@circuit5.org.
Page 1 | MOTION PRACTICE
Courtesy copies of standard motions are not required.
There is no need to send courtesy copies of standard motions.
Page 1 | 2. PROPOSED ORDERS
Pre-Motion Conference Requirements
Parties must attempt to resolve disputes before filing or scheduling a motion, and all nondispositive motions must include a good-faith meet-and-confer certificate.
“Meet and Confer”: Parties/counsel shall attempt to resolve any disputes prior to filing a motion or scheduling it for hearing. All motions (other than dispositive motions) shall contain a certificate that a good faith effort has been made to resolve the dispute prior to filing the motion.
Page 1 | MOTION PRACTICE
Discovery-content motions are also subject to the meet-and-confer requirement.
Also, don’t forget the meet and confer requirement from 4(b) above.
Page 2 | MOTION PRACTICE
Before filing or scheduling a motion for hearing, counsel must attempt to resolve the dispute, and every nondispositive motion must include a good-faith meet-and-confer certificate.
b. “Meet and Confer”: Pursuant to Florida Rule of Civil Procedure 1.202, parties/counsel shall attempt to resolve any disputes prior to filing a motion or scheduling it for hearing. All motions (other than dispositive motions) shall contain a certificate that a good faith effort has been made to resolve the dispute prior to filing the motion.
Page 1 | MOTION PRACTICE
Discovery-content motions remain subject to the stated meet-and-confer requirement.
Also, don’t forget the meet and confer requirement from 4(b) above.
Page 2 | MOTION PRACTICE
A hearing is required when rule or statute mandates one, and otherwise may be held at the Court’s discretion upon an interested party’s written request.
The exceptions to this general rule are (1) when a hearing is required by rule or statute (e.g. summary judgment) and (2) at the discretion of the Court upon written request of an interested party.
Page 2 | MOTION PRACTICE
In adversarial probate proceedings, parties must generally meet and confer on most motions before seeking judicial intervention.
Rules of Civil Procedure apply to all adversarial probate proceedings. This includes Rule 1.202 which requires a party to meet and confer on most motions prior to seeking judicial intervention.
Page 2 | 9. ADVERSARIAL PROCEEDINGS
The Court ordinarily resolves motions based on the motion and legal memorandum without oral argument.
Motions will ordinarily be ruled upon by the contents of the motion and legal memorandum.
Page 2 | MOTION PRACTICE
Motions will ordinarily be decided from the motion and legal memorandum without a hearing.
Motions will ordinarily be ruled upon by the contents of the motion and legal memorandum.
Page 2 | MOTION PRACTICE
Adjournment & Extension Requirements
An extension motion based on collateral litigation must include the collateral case number and jurisdiction.
If your extension is based upon collateral litigation (wrongful death, etc), please include the case number and jurisdiction in your motion.
Page 2 | 4. TIME TO COMPLETE ADMINISTRATION OF THE ESTATE
A timely request for an extension should be filed to avoid administrative closure and possible revocation of Letters of Administration.
To ===== PAGE 2 ===== avoid the administrative closure of your case, and the possible revocation of letters of administration, please file a timely request for an extension.
Page 2 | 4. TIME TO COMPLETE ADMINISTRATION OF THE ESTATE
An extension based on specified collateral litigation may result in the case being placed on inactive status with regular status reports required.
If your extension is based upon a wrongful death, asbestos, tobacco, or some other collateral litigation, the Court may convert the case to an inactive status and require regular status reports to be filed.
Page 2 | 5. EXTENSIONS BASED UPON COLLATERAL LITIGATION
Additional or apparently unnecessary extensions may require an evidentiary hearing, and the personal representative must always attend.
Additional extensions or extensions that appear unnecessary may require evidentiary hearings with the presence of the personal representative always required.
Page 2 | 4. TIME TO COMPLETE ADMINISTRATION OF THE ESTATE
Chambers Communication Rules
Hearing requests must be made through the Probate/Guardianship Division of the Clerk at the stated telephone number.
At the present time, all hearing requests shall be made through the Probate/Guardianship Division of the Hernando County Clerk of Circuit Court at (352)540-6366.
Page 1 | SCHEDULING HEARINGS
All hearing requests must be emailed to the judicial assistant at dcbcivil@circuit5.org.
SCHEDULING: All hearing requests must be sent to my Judicial Assistant at dcbcivil@circuit5.org.
Page 1 | SCHEDULING
A movant who believes a reply is necessary must immediately notify the judicial assistant by email.
If the movant believes a Reply is necessary to the Response, he/she shall immediately notify the judicial assistant via email at dcbcivil@circuit5.org.
Page 2 | MOTION PRACTICE
Telephone hearing requests will not receive a response.
Hearing requests made over the phone will not receive a response.
Page 1 | SCHEDULING
When a hearing is required or approved, available hearing time may be obtained by emailing the judicial assistant.
If a hearing is required or approved by the Court, hearing time may be obtained by contacting the judicial assistant at dcbcivil@circuit5.org.
Page 2 | MOTION PRACTICE
A party may contact the judicial assistant to inquire about a motion if no ruling has issued after 45 days.
In the unlikely event that forty-five (45) days have passed without a ruling on your motion, please contact the judicial assistant to inquire.
Page 4 | NO ACTION FROM THE COURT
Questions about the standing order may be sent to the judicial assistant by email at dcbcivil@circuit5.org.
If you have any questions about this standing order, please contact Jamie Shreiber, Judicial Assistant, at dcbcivil@circuit5.org or (352)540-6655.
Page 4 | NO ACTION FROM THE COURT
Questions about the standing order should be directed to Judicial Assistant Jamie Shreiber by email at hernandoprobate@circuit5.org.
If you have any questions about this standing order, please contact Jamie Shreiber, Judicial Assistant, at hernandoprobate@circuit5.org
Page 3 | 11. EVIDENCE
Hearing times for probate cases may be obtained by emailing hernandoprobate@circuit5.org with the case number, motion title, and estimated hearing duration.
10. HEARINGS: Hearing times for probate cases may be obtained by sending an email to hernandoprobate@circuit5.org. Please include the case number, title of motion, and an estimate of the time needed.
Page 3 | 10. HEARINGS