Judge Donald E. Scaglione
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Chambers Copy
- Email • Upon Filing
Completion And Status Report
Courtesy copies
- 1 copy • One Week Before Coordinated Hearing
- Upon Filing
Filing Requiring Court Attention
Adjournments
- A continuance may be granted only when the requesting party establishes good cause.
- A continuance motion must be written and show good cause, and it will generally be disfavored unless extenuating circumstances exist.
- Witness unavailability does not justify a trial continuance unless the subpoenas were issued and delivered for service at least 12 days before trial.
- +39 more
Request must include
- A motion to continue trial must be filed within 14 days after grounds for the motion first appear.
Communication
Chambers
Chambers
Chambers
Phone
Fax
Chambers
Phone
Chambers
Page & Word Limits1 rule
Unless the court grants prior permission, legal memoranda on motions or court requests are limited to 10 pages, in 12-point font and double spaced; motions and memoranda, responses, and replies each have a 10-page limit.
13) Page limitation: Absent prior permission of the court, which will rarely be granted, no party shall file a legal memorandum in excess of ten (10) pages in length (12-point font, double spaced) on any motion or request of the court. (Motions and Memorandums 10, Responses 10, Reply 10)
Motion
10 pages
Legal Memorandum
10 pages
Response
10 pages
Reply
10 pages
Document Format Requirements11 rules
The certificate of service must include a judge's signatory line above the certificate for the judge to sign the order.
A proper certificate of service includes the judge's signatory line above the Certificate of Service for the judge to sign the order.
The certificate of service must include a signatory line for the court's Judicial Assistant.
The Certificate of Service must include a signatory line for the Court's Judicial Assistant to sign.
Counsel must provide enough hard copies of the jury instructions and verdict form for every juror, alternate juror, lawyer, self-represented party, courtroom clerk, and the court.
C. Counsel are responsible for providing to the Court hard copies of the jury instructions and verdict form. Please ensure that there are enough copies for all jurors and alternate jurors, lawyers and any self-represented parties, the courtroom clerk, and the Court to each be given their own copy.
Jury instructions and verdict forms emailed to the division must be in Word format.
By the deadline set forth above, jury instructions and verdict forms must be filed with the Clerk and e-mailed in Word format to the division email address in accordance with the following:
DOCX
Proposed orders must be submitted in Word format.
Proposed orders must be submitted in Word Format.
DOCX
Evidence and documents must be tabbed and marked in accordance with the Hernando County Clerk's procedures.
Evidence/documents will be tabbed and marked pursuant to the Hernando County Clerk's procedures.
Applications seeking relief, citing authorities, or presenting argument must be written in the prescribed form and generally may not be submitted as letters unless the court invites or directs that format.
All applications to the court requesting relief in any form, or citing authorities, or presenting argument with respect to any matter awaiting decision, shall be made in writing in accordance with this order and in appropriate form pursuant to the Florida Rules of Civil Procedure; and unless invited or directed by the court, shall not be addressed or presented to the court in the form of a letter or the like.
An order longer than one page must include the case number in the header and the page number in the footer using the sample format.
If the order is more than one page, please include a header that has the case number, and a footer that has the page number following the format reflected in the sample Certificate of Service below.
Each jury instruction must be printed on its own separate sheet of paper.
A. Each instruction must be printed on a separate sheet of paper;
Jurors' hard copies should be unnumbered, should not identify the requesting party, and should not contain citations to supporting authority.
The jurors' hard copies should not be numbered, should not have any designation as to the requesting party, and should not contain citations to supporting authority.
In a proper proposed-order certificate of service, the judge's signature line must appear before the certificate.
EXAMPLE OF PROPER CERTIFICATE OF SERVICE FORMAT (INCLUDING JUDGE'S SIGNATURE LINE WHICH COMES BEFORE THE CERTIFICATE):
Document Filing Requirements75 rules
Any pleading prepared with generative artificial intelligence must disclose that use to the court.
**If any Generative AI is used, you must note its use on the pleading to the Court.**
Document Type
Pleading
Counsel must submit a schedule of all exhibits and documentary evidence that may be used at trial, and unlisted evidence requires leave of court upon a showing of good cause.
A schedule of all exhibits and documentary evidence which may be used Page 5 of 11 ===== PAGE 6 ===== at trial; ANY EVIDENCE NOT SPECIFICALLY LISTED CANNOT LATER BE USED IN THE TRIAL OF THIS CAUSE WITHOUT LEAVE OF COURT. Said leave of Court being granted only upon a showing of good cause why said evidence was not listed.
Document Type
Exhibit Schedule
Counsel must submit a pretrial brief memorandum identifying the parties, factual contentions, type of action and relief, defenses, any counterclaim and relief, and facts either party will admit.
A brief memorandum setting forth the general nature of the proceedings, including: i. the names of all parties; ii. factual contentions of each party; iii. type of action and relief sought; iv. defenses interposed; v. type of counterclaim, if any, and the relief sought thereby; and vi. all facts either party will admit.
Document Type
Pretrial Memorandum
At least five days before the pretrial conference, counsel must deliver the listed pretrial submissions to the court and opposing counsel by mail, personal delivery, or email.
At least FIVE (5) DAYS PRIOR TO THE PRE-TRIAL CONFERENCE, counsel shall deliver, by mail, personally or by email (courtesy copy link located on this Court's webpage), to the undersigned at 20 North Main Street, Room 444, Brooksville, Florida, and a copy thereof to opposing counsel, the following:
Document Type
Pretrial Submissions
Counsel must bring a CD containing copies of all jury instructions and the verdict form to trial.
A copy of all Jury Instructions and Verdict Form are to be copied on a CD and brought to the Trial by Counsel.
Document Type
Jury Instructions
Counsel must submit the names and addresses of all potential trial witnesses, and unlisted witnesses require leave of court upon a showing of good cause.
A witness list of the names and addresses of all individuals who may be called to testify at trial; ANY WITNESSES NOT LISTED CANNOT LATER BE USED IN THE TRIAL OF THIS CAUSE WITHOUT LEAVE OF COURT. Said leave of Court being granted only upon a showing of good cause why said witness was not listed.
Document Type
Witness List
Plaintiff must submit proposed general jury instructions, and Defendant must submit proposed defense or special instructions.
Plaintiff shall submit proposed general instructions as to the cause of action and Defendant shall submit proposed defense or special instructions sought.
Document Type
Jury Instructions
Requests for preliminary rulings on questions of law must be made by motion with an accompanying memorandum and must comply with the Court's motion practice order.
Any requests for preliminary rulings on questions of law and citations in regard thereto. Such requests will be made by way of Motion and accompanying Memorandum in accordance with the terms of this Court's Order Establishing Motion Practice Procedure.
Document Type
Preliminary Ruling Motion
Each party must submit a proposed statement of the case for use in jury instructions.
Each party shall submit a proposed statement of the case for jury instructions.
Document Type
Statement Of The Case
A motion seeking a continuance requires the client's signature or consent, and the client may not file a comment about the requested continuance.
This motion requires the client's signature and/or consent, and no comment shall be filed by the client regarding the continuance being sought.
Document Type
Motion
Counsel seeking a continuance must include a signed certificate of service stating that the client received the motion or agreed notice that day by U.S. Mail, email, or hand delivery.
counsel seeking a continuance of hearings or trials shall certify, by a statement included in the signed certificate of service on the motion or notice filed with this Court, that counsel has that day provided a copy of the motion or agreed notice to his/her client(s) via US Mail, e-mail, or by hand delivery.
Document Type
Motion
A motion to continue trial must be written and signed by the client.
A motion to continue trial shall be in writing and signed by the client.
Document Type
Motion
The parties must submit a Rule 56-compliant proposed order addressing the standards and facts within 10 days after the hearing.
The Parties shall submit to the Court within 10 days of hearing a Proposed Order complying with FRCP 1.510 (Fed R. 56) involving the standards and facts.
Document Type
Proposed Order
When conferral is required, the movant must file a certificate of conferral with the motion.
When conferral is required, the movant must file with the motion a certificate of conferral that must be substantially in the following form:
Document Type
Motion
The Notice of Hearing must include a Certificate of Compliance stating that the meet-and-confer occurred or detailing the good-faith attempts made to schedule it.
Counsel who schedules the hearing shall include in the Notice of Hearing the Certificate of Compliance certifying that the meet and confer occurred (or did not occur and setting out the good faith attempts to schedule the conference).
Document Type
Notice Of Hearing
The filing must include a certificate of compliance using the applicable first or second option.
CERTIFICATE OF COMPLIANCE
Document Type
Certificate
Before submitting a proposed order to the court, a lawyer must prepare it promptly, ensure it fairly and adequately reflects the ruling without argument, inflammatory remarks, or unannounced findings, and advise the court whether opposing counsel approved it.
7. A lawyer must promptly prepare a proposed order, ensure that the order fairly and adequately represents the court's ruling and does not include any argument, inflammatoiy remarks, or unannounced findings, before submitting the order to the court, and advise the court whether or not opposing counsel has approved the order. (See R. Regulating Fla. Bar 4-3.4(c)).
Document Type
Proposed Order
A notice of a remote proceeding must state that the proceeding will occur by video conferencing.
indicate that the proceeding will occur by video conferencing.
Document Type
Notice Of Remote Proceeding
When available, a notice of a remote proceeding must include complete and accurate video conferencing links and login information.
include, if available, the video conferencing details, including complete and accurate links and login information.
Document Type
Notice Of Remote Proceeding
Every notice of a remote proceeding must include the meeting information required by the Court when the hearing is scheduled.
All notices of remote proceedings must include any meeting information required by the Court at the time of scheduling of the hearing and:
Document Type
Notice Of Remote Proceeding
A notice of a remote proceeding must provide telephone-participation instructions when a self-represented party lacks access to the video conferencing platform.
provide instructions for participation by telephone if a self-represented party does not have access to the video conferencing platform that is being used.
Document Type
Notice Of Remote Proceeding
A notice of a remote proceeding must state that parties and counsel should not appear in person unless a hybrid remote/in-person hearing has been anticipated, indicated, and previously arranged.
state that no party or counsel should appear in person at the proceeding, unless a hybrid remote/in-person hearing is otherwise anticipated, indicated, and previously arranged; and
Document Type
Notice Of Remote Proceeding
If a hearing is required by law, the initial motion must prominently state that fact and provide legal authority supporting it.
If a hearing is required by law, please succinctly so state in a prominent location in your initial motion directed to that issue, and cogently provide the legal authority for your belief that a hearing on this subject is required by Florida law.
Document Type
Motion
When the other side will not agree, the motion must state the requested relief and entitlement reasons and be supported by a concise legal memorandum containing legal authority, subject to the separately referenced page limitation.
If the other side, for any reason, cannot or will not stipulate or agree to the relief requested, then, as further set forth in this order, counsel shall succinctly and cogently, subject to the page limitation of paragraph #13 below, set forth in their motion the relief they are requesting and the reasons they believe that they are entitled to such relief, supported by concise legal memorandum containing their legal authority.
Document Type
Motion
For any written motion or application seeking an order, the moving party generally must file and serve a cited legal memorandum supporting the requested relief, subject to the stated exceptions.
Except as specifically accepted in paragraph 5 (a) above and 7 below, in making any written motion or other application to the court for the entry of an order of any kind, the moving party shall file and serve with such motion or application a legal memorandum with citations of authority, in support of the relief requested.
Document Type
Motion Or Application
A party with no objection who will not file a responsive memorandum must file written notice with the clerk and provide a copy to the judge's office.
If a party has no objection to a motion and does not intend to file a responsive memorandum, counsel shall file a written notice of same with the clerk of the court, and provide a copy to the office of the judge, so indicating.
Document Type
Written Notice Of No Objection
An opposing party must file with the clerk and serve opposing counsel and the judge a cited opposition memorandum within ten days after being served.
Each party opposing any written motion or other application shall file with the Clerk of Court and serve all opposing counsel AND THIS JUDGE, within ten (10) days after being served with such motion or application, a legal memorandum with citations of authority, in opposition to the relief requested.
Document Type
Opposition Brief
If further argument is needed after receiving an opposition memorandum, counsel must immediately notify the judge's office of the intent to file and serve a reply memorandum.
If, upon receipt of an opposing memorandum, counsel determines further argument of his client's position on the initial motion is required, counsel must immediately notify the office of the judge that he/she intends to file and serve a reply memoranda.
Document Type
Reply Brief
The filing discovery motion must include a written certification that counsel conferred with opposing counsel and could not resolve the dispute.
and shall certify to the court (in writing) at the time of filing the motion that he/she has conferred with opposing counsel and has been unable to resolve the dispute.
Document Type
Discovery Motion
An emergency motion must clearly and concisely explain why the court should deem it an emergency.
and must clearly and concisely explain why the court should deem this motion an emergency.
Document Type
Emergency Motion
An emergency motion must first be filed in writing with the court, with a courtesy copy sent directly to the court and copies emailed to all opposing counsel, before the court will consider it.
Such motion must first be filed in writing with the court (courtesy copy directly to the Court) and copies e-mailed to all opposing counsel, before such motion will be considered
Document Type
Emergency Motion
Courtesy copies of all requests for relief must include a proposed order, and pro se or unrepresented parties must also receive stamped, pre-addressed envelopes.
All requests for relief (courtesy copy) should be sent with proposed orders and with stamped, pre-addressed envelopes for pro se and unrepresented parties.
Document Type
Request For Relief
Any pleading prepared with Generative AI must disclose that use to the Court.
**If any Generative AI is used, you must note its use on the pleading to the Court.**
Document Type
Pleading
For each party, the certificate of service must identify the attorney of record or pro se party, including the person's name, physical address, and email address.
Each party must have their counsel's information reflected in the Certificate of Service. Or if the party is pro se then the individual party's information must be reflected. Which at a minimum this must include: a. The attorney of records name or pro se party name; the attorney of record or pro se party's physical address; and the attorney of record or pro se party's email address.
Document Type
Certificate
The certificate of service must state the method of service and the date the parties were served; a generic statement that all parties were served is insufficient.
The certification in the Certificate of Service must include the method of serving the parties (i.e. U.S. Mail and/or the Florida Court's e-filing portal) and the date that the parties were served. Saying "all parties of record have been served" is NOT the proper format.
Document Type
Certificate
Within 45 days, counsel must file a written statement containing the specified factual, legal, discovery, and trial information.
Within 45 days of this Order, Counsel will file with the Clerk, serve opposing counsel, and deliver a copy to the undersigned Judge's Chambers, a written statement which shall contain the following:
Document Type
Written Statement
Counsel and each party must remain available for consultation about evidentiary stipulations and settlement offers, with pleadings potentially struck for noncompliance.
Each counsel shall be available for consultation with their respective clients as to (a) stipulations relating to admission of evidence, and (b) settlement offers. Failure of any party to be available for such consultation shall result in the Court striking such party's pleadings, and such other sanctions as are appropriate.
Requirement
Document requirement
Any pleading prepared with generative AI must disclose that use to the court.
If any Generative AI is used, you must note its use on the pleading to the Court.
Document Type
Pleading
A moving party requesting the personal appearance and transport of an incarcerated party or witness must obtain a transport order.
THE COURT requires the moving party rehuesting the personal appearance and transport of an incarcerated party/witness to obtain a transport order.
Document Type
Transport Order
The transport order must state that prepayment has been made to Law Enforcement for all transport and housing costs.
THE MOVING party shall include within th� transport order that "prepayment" has been made to Law Enforcement for all costs associ�ted with transport and housing.
Document Type
Transport Order
The requester is responsible for filing a Notice of Hearing and complying with the courtesy-copy Administrative Order after the judicial assistant provides the hearing time.
The Judicial Assistant will respond with your hearing time. It is YOUR responsibility to do a Notice of Hearing and comply with the Administrative Order as to Courtesy copies.
Document Type
Notice Of Hearing
Parties must file Completion and Status Reports and provide courtesy copies through the designated link.
Note: It is the parties’ responsibility to comply with the filing of Completion and Status Reports and provide the Court with a Courtesy Copy via its Courtesy Copy link found within the drop-down menus below.
Document Type
Completion And Status Report
All proposed orders must include a proper certificate of service.
Additionally, review and comply with proper certificate of service for all proposed orders.
Document Type
Proposed Order
Uncontested or stipulated motions in limine must certify that opposing counsel has no objection, and the certification must also appear in the proposed order.
Uncontested/stipulated Motions in Limine MUST indicate and certify that opposing Counsel has no objection to the entry of the order. Said certification shall also be contained in the body of the proposed Order that shall be provided to this Court as set forth above.
Document Type
Stipulated Motion In Limine
Contested motions must certify that all resolution attempts failed, and each contested motion and response must attach a proposed order granting or denying the specific relief requested.
Contested Motions MUST indicate and certify that all attempts at resolution have failed and each Motion and Response filed thereto shall have attached a PROPOSED ORDER GRANTING/DENYING the specific relief requested.
Document Type
Contested Motion In Limine
Stipulated motions in limine must be filed before pre-trial with an agreed proposed order granting the requested relief for the court's consideration and signature.
Any Motions in Limine that are stipulated to between the parties (after meeting) shall be filed with an agreed upon PROPOSED ORDER granting the relief requested for this Court's consideration and signature PRIOR TO PRE-TRIAL.
Document Type
Stipulated Motion In Limine
The moving party is responsible for obtaining and providing to the court any original document the party wants the court to consider.
Additionally, it is the moving party's responsibility to procure and provide to the Court any original document the party wishes the Court to see.
Document Type
Original Document
Parties must provide a proposed order and a self-addressed stamped envelope so the court can process the pleading.
The parties must provide proposed orders and self addressed, stamped, envelopes to process the pleading.
Document Type
Pleading
Every motion-practice motion must be accompanied by a proposed order.
Proposed orders must be submitted with all motion practice motions.
Document Type
Motion Practice Motion
Every proposed order must include a proper certificate of service containing all party names, e-filing email addresses, and a judicial-assistant signature space.
This Court requires all proposed orders have a proper certificate of service. ("attorneys of record" and anything similar are not proper) It must include all party names and e-filing email addresses and a signature space for the JA to sign for certification.
Document Type
Proposed Order
Every agreed proposed order must be accompanied by a written stipulation or confirmed party agreement.
Agreed proposed orders MUST be accompanied by a written stipulation or confirmed agreement by the parties.
Document Type
Agreed Proposed Order
A proposed order must accompany the courtesy submission for a motion for telephonic appearance.
A courtesy copy of the motion for telephonic appearance and proposed order must be submitted to Judge Donald E. Scaglione at the DES Courtesy Copy link no later than one (1) week before the coordinated hearing.
Document Type
Motion For Telephonic Appearance
A Suggestion of Non-compliance should identify the allegedly noncompliant attorney and describe the noncompliance.
The Suggestion of Non-compliance should name the attorney alleged to be in non-compliance and state the non-compliance.
Document Type
Suggestion Of Noncompliance
Telephone appearances at the listed Status Hearings require prior General Magistrate approval through a motion and order submitted for signature, received five days before the hearing.
Counsel may appear by telephone via Court Call only for the Status Hearings above, with prior approval by the General Magistrate. Prior approval shall be provided by submission of a motion and order to appear by phone, to be sent to the magistrate for signature approval, by each party requesting telephonic appearance. NO PARTY will be allowed telephonic appearance unless motions and orders are received 5 days prior to hearing date.
Document Type
Motion And Order To Appear By Phone
If opposing counsel cannot be reached after three good-faith attempts, the noticing counsel must list the dates and times of those attempts in the Certificate of Compliance.
Counsel who notices the hearing is unable to reach opposing counsel to conduct the conference after three (3) good faith attempts, counsel who notices the hearing must identify in the Certificate of Compliance the dates and times of the efforts made to contact opposing counsel.
Document Type
Certificate Of Compliance
A motion for confirmation of sale is exempt from the supporting-written-memorandum requirement unless the Court requests one.
d. Motion for confirmation of sale.
Document Type
Motion For Confirmation Of Sale
If the parties agree to the relief, promptly send the court the stipulation and agreed order with an appropriate cover letter and copies to each side.
If so, promptly send the court the stipulation and order or "agreed order" with the appropriate cover letter, copy to each side.
Document Type
Stipulated Order
A motion for default addressed to the Court is exempt from the supporting-written-memorandum requirement unless the Court requests one.
a. Motion for Default, addressed to the Court.
Document Type
Default Motion
Filing & Service rules
Electronic Filing Rules
Parties must use the 5th Circuit website's Hernando/Judges/Scaglione pleading link to submit pleadings.
Parties are to use the pleading link on the 5th Circuit website at Hernando/Judges/Scaglione.
Page 8 | FACSIMILE TRANSMISSIONS
Pleadings may not be transmitted to the court by facsimile.
Pleadings submitted to the Court may NOT be transmitted by facsimile.
Page 8 | FACSIMILE TRANSMISSIONS
The moving party must email the filing to the court through the designated courtesy-copy link.
The moving party shall email filing to the Court via courtesy copy link (see Webpage).
Page 1 | Administrative Order as to Summary Judgments
All original pleadings and papers must be electronically filed with the court clerk.
All original pleadings and papers shall be filed (e-filed) with the clerk of the court
Page 6 | Motions to be filed with the clerk and a courtesy copy sent to the assigned Judge
All requests for relief must be electronically filed with the clerk and followed by a mailed courtesy copy to the presiding judge.
Requests for relief from court must be e-filed with the Clerk and then a courtesy copy sent to the Presiding Judge by mail (the clerk does not send the judges any e-filed motions or requests for relief.)
Page 7 | 20) OTHER IMPORTANT REQUIREMENTS /CONSIDERATIONS: A
All proposed orders must be submitted to the court by email through the designated Courtesy Copy link.
Proposed orders are to be submitted to the Court via email at the Court's Courtesy Copy link DES-circuitcivil@circuit5.org.
Page 1 | PROPOSED ORDER SUBMISSION REQUIREMENTS & PROCEDURES
A confirmed agreement may be submitted by email or letter and must state that opposing counsel agrees to the agreed order's contents.
A confirmed agreement can be submitted either by email or letter form in where it states that the opposing counsel agrees to the contents of the agreed order.
Page 2 | AGREED PROPOSED ORDERS
Filing Timing and Cure Windows
Counsel must promptly file all paperwork needed to close a dismissed or settled case.
Counsel must expeditiously file all paperwork necessary to close the case.
Page 8 | CASE DISPOSITIONS
A continuance motion must be filed promptly after good cause first appears.
A motion to continue trial must be filed promptly after the appearance of good cause to support such motion.
Page 3 | Rule 1.460 CONTINUANCES MOTIONS TO CONTINUE TRIAL
The proposed order must be submitted to the court within 10 days after the hearing.
The Parties shall submit to the Court within 10 days of hearing a Proposed Order complying with FRCP 1.510 (Fed R. 56) involving the standards and facts.
Page 1 | Administrative Order as to Summary Judgments
The movant's summary-judgment motion must be filed consistently with deadlines in the case-management order or other court orders.
The movant must file and serve the motion for summary judgment consistent with the deadlines specified in the case management order or any court-ordered deadlines.
Page 2 | Rule 1.510. Summary Judgment
A party objecting to proposed relief must notify the court immediately and in writing within 10 business days, unless the matter requires no response or is uncontested.
Unless the matter is stipulated to in writing by all interested parties, or is a matter that otherwise requires no response, or is otherwise clearly indicated to be uncontested, the Court may wait ten (10) business days to see if any further objections, pleadings, or responses directed to the issue are received. IT IS INCUMBENT ON ANYONE OBJECTING TO ANY PROPOSED RELIEF TO NOTIFY THE COURT IMMEDIATELY AND IN WRITING WITHIN THE TEN (10) BUSINESS DAY PERIOD.
Page 7 | 19) Procedures for motions that are exceptions to the motion practice procedure
All parties must acknowledge the hearing-attendance procedures through one of the specified filings or email at least five working days before the hearing.
***THE COURT REQUIRES ACKNOWLEDGMENT OF THE ABOVE BY RECEIPT OF A MOTION AND ORDER (COURTCALL), NOTICE OF ZOOM HEARING OR INVITATION TO THE COURT (ZOOM APPEARANCE), OR EMAIL (ACKNOWLEDGING PERSONAL APPEARANCE) WITHIN 5 WORKING DAYS PRIOR TO HEARING DATE.***
Page 2 | Procedures as to Hearing Attendance
Fact and expert discovery must be completed within 270 days in streamlined cases and within 450 days in general cases, measured from filing of the complaint.
Completion of Fact & Expert Discovery | 270 Days Streamline 450 Days General |
Page 3 | Case Completion Periods and Deadlines
Plaintiffs must file their witness list at least 120 days before pretrial.
Deadline for Plaintiff(s) to file witness list | 120 days before pretrial
Page 4 | Case Completion Periods and Deadlines
The joint final pretrial statement, motions in limine, deposition objections, proposed jury instructions, and verdict form must be filed 14 days before the pretrial conference; untimely motions in limine are deemed abandoned.
Deadline for filing: The joint final pretrial statement, Any motion in limine, Objections to depositions, Proposed jury instructions, and Verdict form | 14 days before the pretrial conference Note: If not filed by this date, motions in limine will be deemed abandoned.
Page 4 | Case Completion Periods and Deadlines
All pretrial motions must be resolved before the pretrial hearing.
Resolution of All Pretrial Motions | Prior to Pretrial Hearing |
Page 4 | Case Completion Periods and Deadlines
Defendants must file their witness list at least 90 days before pretrial.
Deadline for Defendant(s) to file witness list | 90 days before pretrial
Page 4 | Case Completion Periods and Deadlines
Failure to comply with the order's deadlines may result in sanctions, including striking a party's pleadings.
Failure to comply with deadlines may subject the parties to sanctions, including but not limited to striking of
Page 4 | Case Completion Periods and Deadlines
All Daubert motions must be filed within 30 days after expert discovery closes.
Deadline for filing any *Daubert* motions | 30 days after the close of expert discovery
Page 4 | Case Completion Periods and Deadlines
Dispositive and Daubert motions must be heard at least 45 days before pretrial or they will be deemed abandoned.
Deadline to have any dispositive and *Daubert* motions heard | 45 days before the pretrial Note: If not heard by this date, dispositive and *Daubert* motions will be deemed abandoned
Page 4 | Case Completion Periods and Deadlines
The case-management and pretrial-order deadlines will be strictly enforced absent good cause.
The deadlines established in this Case Management/Pretrial Order shall be strictly enforced by the court unless good cause can be shown.
Page 4 | Case Completion Periods and Deadlines
All dispositive motions must be filed within 120 days after fact discovery closes.
Deadline for filing any dispositive motions | 120 days after close of fact discovery
Page 4 | Case Completion Periods and Deadlines
Daubert motions must also be filed before the pretrial conference or hearing.
Filed before Pretrial
Page 4 | Case Completion Periods and Deadlines
The order sets case-dependent trial completion targets of 12 or 18 months, or 24 or 30 months.
Trial | 12 or 18 Months, or 24/30 months
Page 4 | Case Completion Periods and Deadlines
The exhibit list must be filed at least 21 days before the pretrial conference.
Deadline to file Exhibit List | 21 days before the pretrial conference
Page 4 | Case Completion Periods and Deadlines
Mediation is scheduled within 270 days in streamlined cases, 450 days in general and complex cases, or 500 days in complex cases, and in any event at least 45 days before the pretrial hearing.
Mediations | 270 Days Streamlined 450 Days General & Complex 500 Days Complex At least 45 Days Prior to Pretrial Hearing
Page 4 | Case Completion Periods and Deadlines
Procrastination in discovery and counsel unavailability do not constitute good cause to change the order's deadlines.
Procrastination in completing discovery or the unavailability of counsel will not constitute good cause for a change to these deadlines.
Page 4 | Case Completion Periods and Deadlines
Fact and expert discovery must be completed within 500 days in complex cases.
500 Days Complex
Page 4 | Case Completion Periods and Deadlines
By the previously specified deadline, jury instructions and verdict forms must be filed with the clerk and emailed to the division email address in Word format.
By the deadline set forth above, jury instructions and verdict forms must be filed with the Clerk and e-mailed in Word format to the division email address in accordance with the following:
Page 6 | Meeting Prior to Pretrial Conference
Any motion in limine filed after the pre-trial conference will not be considered and will be summarily denied.
ANY MOTIONS FILED AFTER THE PRETRIAL CONFERENCE WILL NOT BE CONSIDERED BY THIS COURT UNDER ANY CIRCUMSTANCES AND WILL BE SUMMARILY DENIED
Page 1 | Motion in Limine Procedure Order
All motions in limine must be filed before the pre-trial conference to be considered.
All Motions in Limine MUST BE FILED PRIOR TO THE PRE-TRIAL CONFERENCE IN ORDER TO BE CONSIDERED.
Page 1 | Motion in Limine Procedure Order
All contested motions in limine must be filed no later than 20 days before the pre-trial conference.
ALL CONTESTED MOTIONS IN LIMINE MUST BE FILED NO LATER 20 DAYS PRIOR TO THE PRE-TRIAL.
Page 2 | Contested Motions in Limine
The opposing party has 10 days from the filing date of the motion in limine to file a response.
The opposing party shall have TEN days from the filing date of the Motion in Limine to file a Response thereto.
Page 2 | Contested Motions in Limine
Untimely motions or responses will not be considered by the Court.
Any filings (either Motions or Responses) that are untimely, in accordance with this provision will not be considered by this Court.
Page 3
No reply memorandum is permitted or considered by the Court.
NO REPLY MEMORANDUM SHALL BE PERMITTED or considered by this Court.
Page 3
All pending motions and pleadings must be filed at least seven days before the hearing, court, or trial.
Thus the Court requires all pending motions/pleadings be filed at least seven (7) days prior to hearing/court/trial.
Page 1 | As to the new paperless court
Paperwork intended for consideration at the hearing must be filed five days beforehand with a courtesy copy sent to the Court.
Any paperwork to be considered at the hearing must be filed 5 days prior to hearing, with a courtesy copy to the Court.
Page 1 | ZOOM PROCEDURES — Non-Evidentiary Hearings
A Zoom Notice of Hearing must be filed with the Court at least five days before the hearing.
A Zoom Notice of Hearing must be filed with the Court at least 5 days prior to hearing date.
Page 1 | ZOOM PROCEDURES — Non-Evidentiary Hearings
All evidence intended for consideration must be submitted five days before an evidentiary hearing to the clerk, Court, parties, and witnesses.
Parties must submit all Evidence to be considered 5 days prior to hearing with the clerk, Court and all parties and witnesses.
Page 1 | ZOOM PROCEDURES — Evidentiary Hearings
A summary-judgment motion may be filed after 20 days from commencement of the action or after service of an adverse summary-judgment motion.
A party may move for summary judgment at any time after the expiration of 20 days from the commencement of the action or after service of a motion for summary judgment by the adverse party.
Page 2 | Rule 1.510. Summary Judgment
When a reply memorandum is noticed, the court may defer determination of the matter for up to five days pending receipt of the reply.
In such case, determination of the matter will be deferred by the court for up to five (5) days pending receipt of the reply memorandum by the court.
Page 4 | 9) Replies
If the court has not ruled on contested in limine motions by pretrial, counsel should notify the court immediately.
If the Court has not announced its ruling on such contested motions by pretrial, counsel should immediately advise the Court.
Page 6 | Motions in limine
All time calculations under the standing order are governed by Florida Rule of Civil Procedure 1.090.
All time calculations herein shall be subject to Rule 1.090, Florida Rules of Civil Procedure.
Page 6 | Time calculations
Service and Proof of Service Rules
The plaintiff must serve the pretrial order on each defendant, obtain proof of service, and file that proof in the court file.
NOTICE: IT IS THE PLAINTIFF'S RESPONSIBILITY TO SERVE THIS ORDER TO EACH DEFENDANT, OBTAIN PROOF OF SERVICE AND FILE PROOF OF SERVICE INTO THE COURT FILE.
Page 1 | COMBINED CMC/PRETRIAL ORDER SCHEDULING CAUSE FOR PRE-TRIAL CONFERENCE AND JURY TRIAL
A copy of the Suggestion of Non-compliance must be served on all counsel and sent to the court.
A copy of the Suggestion of Non-compliance must be served on all counsel and sent to the Court.
Page 8 | COMPLIANCE REQUIRED
The movant must serve the summary-judgment motion consistently with deadlines in the case-management order or other court orders.
The movant must file and serve the motion for summary judgment consistent with the deadlines specified in the case management order or any court-ordered deadlines.
Page 2 | Rule 1.510. Summary Judgment
The nonmovant must serve a response with its supporting factual position no later than 40 days after service of the summary-judgment motion.
No later than 40 days after service of the motion for summary judgment, the nonmovant must serve a response that includes the nonmovant's supporting factual position as provided in subdivision (1) above.
Page 2 | Rule 1.510. Summary Judgment
The movant must serve its supporting factual position when filing the summary-judgment motion.
At the time of filing a motion for summary judgment, the movant must also serve the movant's supporting factual position as provided in subdivision (1) above.
Page 2 | Rule 1.510. Summary Judgment
A lawyer must timely serve all pleadings to prevent prejudice or delay to the opposing party.
4. A lawyer must timely serve all pleadings to prevent prejudice or delay to the opposing party. (See R. Regulating Fla. Bar 4-3.2).
Page 4 | m. HONEST ARD EFFECTIVE COMMUBICATION
An objection may initially be faxed or emailed, but a hard-copy follow-up is mandatory, with the original filed with the clerk and copies served on all parties of record.
The parties may fax their objection to (352)754-4273 or emailed to courtesy copy link (see website) but it shall always follow up by hard copy, with the original to the Clerk of the Circuit Court and copies to all parties of record, pursuant to the Rules of Civil Procedure.
Page 7 | 19) Procedures for motions that are exceptions to the motion practice procedure
The plaintiff must serve the order on each defendant, obtain proof of service, and file that proof in the court file.
NOTICE: IT IS THE PLAINTIFF'S RESPONSIBILITY TO SERVE THIS ORDER TO EACH DEFENDANT, OBTAIN PROOF OF SERVICE AND FILE PROOF OF SERVICE INTO THE COURT FILE.
Page 1 | Differentiated Civil Case Management Order
Counsel must serve opposing counsel with the written statement within 45 days of the order.
Within 45 days of this Order, Counsel will file with the Clerk, serve opposing counsel, and deliver a copy to the undersigned Judge's Chambers, a written statement which shall contain the following:
Page 3 | Differentiated Civil Case Management Order
Complaints must be served within 120 days of filing.
Service of Complaints | 120 Days
Page 3 | Case Completion Periods and Deadlines
Within five days after electronic service, plaintiff's counsel must serve the order on each self-represented party by first-class mail or e-filing and file a signed certificate of service.
5. Within five (5) days from the date of E-Service, Plaintiff's counsel shall serve a copy of this Order to each self-represented party by U.S. mail, first class, postage paid, or by e-file and file a certificate signed by said counsel that service has been made as set forth herein.
Page 5 | Differentiated Civil Case Management Order
When a pro se party or party lacking electronic-delivery information must receive the order, the motioning party must provide postage-paid, preaddressed envelopes or send the party a copy.
If pro-se parties (or parties with no email contact information provided in the e-portai system for electronic delivery) must receive a copy of the order, either a postage paid, preaddressed envelopes for the parties needs to be provided or the motioning party must send a copy to the pro-se party.
Page 1 | PROPOSED ORDER SUBMISSION REQUIREMENTS & PROCEDURES
The proposed-order certificate of service identifies E-Service as the delivery method and lists each served party's counsel name, address, and email address.
I hereby certify copies of the foregoing were furnished by E-Service delivery on this ____ day of ____, 2023 to: Plaintiff's Counsel's Name Plaintiff's Counsel's Address Plaintiff's Counsel's email address Defendant's Counsel's Name Defendant's Counsel's Address Defendant's Counsel's email address Judicial Assistant
Page 2 | EXAMPLE OF PROPER CERTIFICATE OF SERVICE FORMAT (INCLUDING JUDGE'S SIGNATURE LINE WHICH COMES BEFORE THE CERTIFICATE)
A lawyer should provide opposing counsel a copy of a written court or tribunal communication contemporaneously or sufficiently before the related hearing.
6. When submitting a written communication to a court or other tribunal, a lawyer should provide opposing counsel with a copy of the document contemporaneously or sufficiently in advance of any related hearing.
Page 6 | IV. ADHERENCE TO A FUNDAMENTAL SENSE OF HONOR, INTEGRITY, AND FAIR PLAY
Service under an extension is permitted or must occur within 240 days from filing of the complaint, as reflected in the case-completion schedule.
Service Under Extensions | 240 Days
Page 3 | Case Completion Periods and Deadlines
Documents must not be served at court appearances without advance notice to opposing counsel or so close to the appearance that opposing counsel cannot adequately prepare or respond.
ii. Documents should not be served at court appearances without advance notice to opposing counsel and should not be served so close to a court appearance to inhibit the ability of opposing counsel to prepare for that appearance or to respond to the documents.
Page 4 | E. Service of Documents
The timing and manner of service must not be used to disadvantage the receiving party.
1. The timing and manner of service should not be used to the disadvantage of the party receiving the documents.
Page 4 | E. Service of Documents
A notice of deposition must accompany the deposition subpoena, with copies provided to all counsel.
c. Notices of deposition should accompany deposition subpoenas with copies to all counsel.
Page 5 | F. Discovery — 2. Depositions
Courtesy Copy Requirements
Counsel must provide courtesy copies of materials relied upon at a scheduled hearing to the court and opposing counsel at least three court days before the hearing.
Counsel is required to provide the court (and opposing counsel) with courtesy copies of any memoranda, case law or any other materials on which counsel may rely at a scheduled hearing at least three (3) court days before the schedule hearing.
Page 3 | conference
An attorney of record or pro se litigant must provide the assigned judge with one courtesy copy of every original pleading contemporaneously with filing, unless another arrangement is explicitly made with the clerk.
Whenever any attorney practicing before the Courts of Hernando County, or any pro se litigant, files any original pleading with the Clerk of the Court (emergency in need of expeditious ruling by the Courts or ordinary/ normal intake pleading) that the Judge assigned to such case shall, contemporaneously with the filing of the original pleading, receive a courtesy copy of the pleading from the ATTORNEY OF RECORD, or from the PRO SE LITIGANT.
Page 2 | ORDERED AND ADJUDGED
At the time of filing, a courtesy copy must be provided to opposing counsel and directly to the assigned judge's office.
and a courtesy copy shall be provided to opposing counsel as well as directly to the judge's office contemporaneous with said filing.
Page 6 | Motions to be filed with the clerk and a courtesy copy sent to the assigned Judge
A mailed courtesy copy is required because the court will not consider a motion unless a copy is sent to it.
THIS COURT WILL NOT BE AWARE OF YOUR MOTION, AND THUS CANNOT TAKE IT UNDER ADVISANCE, UNLESS YOU SEND THE COURT A COPY.
Page 7 | 20) OTHER IMPORTANT REQUIREMENTS /CONSIDERATIONS: A
All parties must send the court a courtesy copy of every motion or notice filed in the matter and each response or reply.
All parties are directed to strictly comply with the “Order Regarding Courtesy Copies to the Presiding Judge,” located on the Circuit 5 website under the Honorable Donald E. Scaglione webpage. This Includes the Parties’ Requirement of Sending the Court a Courtesy Copy of Any and All Motions/Notices Filed in this Matter and the Responses/replies Thereto.
Page 2 | Differentiated Civil Case Management Order
Courtesy copies may not be submitted by electronic service and must instead be submitted through the courtesy-copy link.
Our office DOES NOT accept courtesy copies of documents by e-service, any filing requiring the Court’s attention must be submitted through the courtesy copy link to meet the requirements of the Court’s Courtesy copy Administrative Order.
Page 1 | Courtesy Copies and Proposed Orders
Parties must provide the court with courtesy copies of Completion and Status Reports through the designated Courtesy Copy link.
Note: It is the parties’ responsibility to comply with the filing of Completion and Status Reports and provide the Court with a Courtesy Copy via its Courtesy Copy link found within the drop-down menus below.
Page 1 | High Priority Notice
Courtesy copies are required for all motions, notices, and filings requiring the court's attention.
Courtesy copies of all motions, notices, and filings requiring the Court’s attention are REQUIRED. Per Administrative Order. See Courtesy Copy drop down menu below.
Page 1 | High Priority Notice
All parties must comply with the previously issued administrative order governing courtesy copies.
Parties **MUST** adhere to the previously issued Administrative Order as to Courtesy Copies.
Page 1 | ADMINISTRATIVE ORDER AS TO E-FILINGS/FILINGS/PAPERLESS COURT
Paperwork intended for consideration at the hearing must include a courtesy copy for the Court.
Any paperwork to be considered at the hearing must be filed 5 days prior to hearing, with a courtesy copy to the Court.
Page 1 | ZOOM PROCEDURES — Non-Evidentiary Hearings
One courtesy copy each of the motion for telephonic appearance and proposed order must be submitted through the DES Courtesy Copy link at least one week before the coordinated hearing.
A courtesy copy of the motion for telephonic appearance and proposed order must be submitted to Judge Donald E. Scaglione at the DES Courtesy Copy link no later than one (1) week before the coordinated hearing.
Page 1 | AMENDED MEMORANDUM IN REFERENCE TO PROCEDURE FOR TELEPHONIC APPEARANCE
All parties must send the court a courtesy copy of every motion or notice filed in the matter and of any response or reply.
All parties are directed to strictly comply with the “Order Regarding Courtesy Copies to the Presiding Judge,” located on the Circuit 5 website under the Honorable Donald E. Scaglione webpage. This Includes the Parties’ Requirement of Sending the Court a Courtesy Copy of Any and All Motions/Notices Filed in this Matter and the Responses/replies Thereto.
Page 2 | Courtesy Copies and Motion Practice Procedures
Counsel must deliver one copy of the written statement to the judge's chambers within 45 days of the order.
Within 45 days of this Order, Counsel will file with the Clerk, serve opposing counsel, and deliver a copy to the undersigned Judge's Chambers, a written statement which shall contain the following:
The designated courtesy-copy link is limited to pleadings and proposed orders.
This Courtesy copy link is for pleadings and proposed orders only.
Page 1 | Courtesy Copies and Proposed Orders
The courtesy copy for the judge's office may be sent by United States mail or by email using the website's courtesy-copy link.
(The judge's copy may be sent by United States mail or e-mailed to the courtesy copy link on the webpage).
Page 6 | Motions to be filed with the clerk and a courtesy copy sent to the assigned Judge
Pre-Motion Conference Requirements
Before filing a motion, the movant must make a good-faith effort to confer with the opposing party, subject to the listed exceptions.
Before filing a motion, except for a motion for injunctive relief, for judgment on the pleadings, for summary judgment, to dismiss or to permit maintenance of a class action, to dismiss for failure to state a claim upon which relief can be granted, or to involuntarily dismiss an action, the movant must confer with the opposing party in a good-faith effort to resolve the issues raised in the motion.
Page 1 | RULE 1.202. CONFERRAL PRIOR TO FILING MOTIONS
Counsel with settlement authority must confer before hearing scheduling, include a Certificate of Compliance in the Notice of Hearing, and the counsel scheduling the hearing is responsible for arranging the conference.
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 (attached hereto as "Exhibit A") 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.
Page 2 | ADMINISTRATIVE ORDER ESTABLISHING CIRCUIT COURT CIVIL COURT GUIDELINES AS TO "MEET AND CONFER" FOR JUDGE SCAGLIONE
A mandatory meet-and-confer process applies before scheduling a hearing on motions in the circuit civil division, except for the listed motion types.
A mandatory meet and confer process is hereby established, as set forth below, for all motions to be set for hearing in the circuit civil division and to occur before scheduling the hearing except for the following motions: injunctive relief without notice; judgment on the pleadings; summary judgment; or to permit maintenance of a class action.
Page 2 | ADMINISTRATIVE ORDER ESTABLISHING CIRCUIT COURT CIVIL COURT GUIDELINES AS TO "MEET AND CONFER" FOR JUDGE SCAGLIONE
A conferral must be a substantive in-person or telephone conversation conducted in good faith; fax, email, or letter exchanges of ultimatums do not constitute conferral.
The term "confer" requires a substantive conversation in person or by telephone 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.
Page 2 | ADMINISTRATIVE ORDER ESTABLISHING CIRCUIT COURT CIVIL COURT GUIDELINES AS TO "MEET AND CONFER" FOR JUDGE SCAGLIONE
The first compliance option requires a certificate stating that a lawyer with settlement authority had a substantive pre-hearing conversation with opposing counsel but could not resolve the motion.
I HEREBY CERTIFY that a lawyer in my firm with full authority to resolve this matter had a substantive conversation in person or by telephone with opposing counsel in a good faith effort to resolve this motion before the motion was noticed for hearing but the parties were unable to reach an agreement.
Page 3 | Exhibit A — Certificate of Compliance
The second compliance option requires a certificate stating that a lawyer with settlement authority made good-faith attempts to contact opposing counsel in person or by telephone before the motion was noticed for hearing.
I HEREBY CERTIFY that a lawyer in my firm with full authority to resolve this matter attempted in good faith to contact opposing counsel in person or by telephone on:
Page 4 | Second Option — Certificate of Compliance
Before filing a discovery motion to compel or for a protective order, counsel must confer with opposing counsel in a good-faith effort to resolve the dispute.
Before filing a motion to compel pursuant to Rule 1.380, or a motion for protective order pursuant to Rule 1.180(c), Florida Rules of Civil Procedure, counsel shall confer with counsel for the opposing party in a good faith effort to resolve by agreement the issues raised
Page 5 | Motions Contesting Discovery
No later than 30 days before the pre-trial conference, attorneys must meet or discuss all motions in limine to attempt to stipulate to them.
No later than 30 days prior to the Pre-Trial Conference the attorneys shall meet and/or discuss all Motions in Limine in an attempt to stipulate to any and/all possible Motions in Limine.
Page 2 | Mandatory Meeting Prior to Pre-Trial
A lawyer should attempt to resolve disagreements before requesting a court hearing or filing a motion to compel or for sanctions.
A lawyer should attempt to resolve disagreements before requesting a court hearing or filing a motion to compel or for sanctions.
Page 10 | VI. DECORUM AND COURTESY
Adjournment & Extension Requirements
Witness unavailability does not justify a trial continuance unless the subpoenas were issued and delivered for service at least 12 days before trial.
Inability to require attendance of witnesses at trial shall not be the basis for continuance of the trial unless witness subpoenas have been issued and delivered to the Sheriff or other qualified process server for service at least twelve (12) days prior to date of trial.
Page 7 | CONTINUANCES
A continuance may be granted only when the requesting party establishes good cause.
Continuances will not be granted without good cause.
Page 7 | CONTINUANCES
Every continuance motion must comply with Florida Rule of Civil Procedure 1.460 and be signed by the requesting party.
ANY MOTION TO CONTINUE MUST COMPLY WITH FLORIDA RULE OF CIVIL PROCEDURE 1.460, INCLUDING REQUIREMENT OF SIGNATURE BY THE PARTY REQUESTING CONTINUANCE.
Page 7 | CONTINUANCES
After a case is set for trial, a continuance may be granted only for good cause, and lack of preparation is not a sufficient ground.
Once the case is set for trial, no continuances may be granted except for good cause shown. Lack of preparation is not grounds to continue the case.
Page 1 | Motions to Continue Trial
The motion must specifically state the factual basis for the continuance, the proposed date the case will be ready for trial, and the proposed action and schedule needed to meet that date.
The motion shall state with specificity: 1. the factual basis of the need for the continuance. 2. the proposed date by which the case will be ready for trial; and 3. the proposed action and schedule that will enable the movant to be ready for trial by the proposed date.
Page 2 | Motions to Continue Trial
A motion to continue trial must be filed within 14 days after grounds for the motion first appear.
Any motion to continue trial must be filed within 14 days after the appearance of grounds to support such motion.
Page 2 | Motions to Continue Trial
A continuance motion must specifically state the basis for the continuance and when that basis became known to the movant.
(1) the basis of the need for the continuance, including when the basis became known to the movant:
Page 3 | Rule 1.460 CONTINUANCES MOTIONS TO CONTINUE TRIAL
A continuance motion based on witness unavailability must state when the witness is expected to become available.
If a continuance is sought on the ground of nonavailability of a witness, the motion must show when it is believed the witness will be available.
Page 3 | Rule 1.460 CONTINUANCES MOTIONS TO CONTINUE TRIAL
A continuance motion must state all facts supporting entitlement to the requested continuance.
The motion shall state all of the facts that the movant contends entitle the movant to a continuance.
Page 3 | Rule 1.460 CONTINUANCES MOTIONS TO CONTINUE TRIAL
A continuance motion must identify the actions and specific dates needed to prepare for trial, including confirmation of when required third-party witnesses or experts will be available.
(3) 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 3 | Rule 1.460 CONTINUANCES MOTIONS TO CONTINUE TRIAL
A party may not obtain a continuance based on a lack of diligence in preparing for trial.
Lack of due diligence in preparing for trial is not grounds to continue the case.
Page 3 | Rule 1.460 CONTINUANCES MOTIONS TO CONTINUE TRIAL
If the required continuance conference did not occur, the motion must explain the dates and methods used to attempt conferral.
If the required conference did not occur, the motion must explain the dates and methods of the efforts to confer.
Page 3 | Rule 1.460 CONTINUANCES MOTIONS TO CONTINUE TRIAL
A continuance motion must state the proposed date the case will be ready for trial and whether all parties agree to that date.
(4) the proposed date by which the case will be ready for trial and whether that date is agreed by all parties.
Page 3 | Rule 1.460 CONTINUANCES MOTIONS TO CONTINUE TRIAL
The requesting party or counsel must make reasonable efforts to confer about the continuance, and the other party or counsel must cooperate in responding to and holding that conference.
The moving party or counsel must make reasonable efforts to confer with the non-moving party or opposing counsel about the need for a continuance, and the nonmoving party or opposing counsel must cooperate in responding and holding a conference.
Page 3 | Rule 1.460 CONTINUANCES MOTIONS TO CONTINUE TRIAL
A continuance motion must ordinarily be written and signed by the requesting party, except that an oral motion may be made at trial and good cause excuses the signature.
A motion for continuance shall be in writing unless made at a trial and, except for good cause shown, shall be signed by the party requesting the continuance.
Page 3 | Rule 1.460 CONTINUANCES MOTIONS TO CONTINUE TRIAL
A continuance motion must state whether it is opposed.
(2) whether the motion is opposed:
Page 3 | Rule 1.460 CONTINUANCES MOTIONS TO CONTINUE TRIAL
Every continuance motion, including an agreed motion, must provide specific required information.
All motions for continuance, even if agreed, must state with specificity:
Page 3 | Rule 1.460 CONTINUANCES MOTIONS TO CONTINUE TRIAL
A continued trial must be scheduled for the earliest practicable date in light of the case's needs and the court's resources.
If the trial is continued, the new trial must be set for the earliest date practicable, given the needs of the case and resources of the court.
Page 4 | Rule 1.460 CONTINUANCES MOTIONS TO CONTINUE TRIAL
The court must state the factual basis for ruling on a continuance motion either on the record or in a written order.
When ruling on a motion to continue the court must state either on the record or in a written order, the factual basis for the ruling.
Page 4 | Rule 1.460 CONTINUANCES MOTIONS TO CONTINUE TRIAL
The continuance order must specify what further activity is or is not permitted.
The order must reflect what further activity will or will not be permitted.
Page 4 | Rule 1.460 CONTINUANCES MOTIONS TO CONTINUE TRIAL
An order granting a continuance must set either a new trial period or a case management conference.
An order granting a motion to continue must either set a new trial period or set a case management conference.
Page 4 | Rule 1.460 CONTINUANCES MOTIONS TO CONTINUE TRIAL
A lawyer may not request rescheduling, cancellations, extensions, or postponements without legitimate reasons or solely to delay proceedings or obtain an unfair advantage.
A lawyer must not request rescheduling, cancellations, extensions, and postponements without legitimate reasons or solely for the purpose of delay or obtaining unfair advantage. (See R. Regulating Fla. Bar 4-4.4).
Page 9 | V. DECORUM AND COURTESY
All continuance requests must be heard and resolved by a judge.
All motions for continuance should be heard and resolved by a judge.
Page 5 | Continuances
The court allows continuances only when good cause is shown.
The Court will apply a firm continuance policy allowing continuances only for good cause shown.
Page 5 | Continuances
A continuance motion must state the effect, if any, that continuing a deadline will have on all remaining deadlines.
B. Motion Must Address Impact of Continuance on Other Deadlines. Any motion seeking a continuance of any deadlines in this Uniform Trial Order must indicate what, if any, impact the continuance of that deadline would have on all other remaining deadlines.
Page 5 | Continuances
Continuance motions must be written and signed by the requesting party, except that an oral continuance request may be made at trial and good cause may excuse the requesting party's signature.
C. All motions for continuance shall be in writing unless made at trial and, except for good cause shown, shall be signed by the party requesting the continuance.
Page 5 | Continuances
All continuance motions must comply with the Meet and Confer Administrative Order and SC 24-662.
F. All continuance motions shall/will comply with Meet and Confer Administrative Order, as well as SC 24-662 as well as SC 24-662.
Page 5 | Continuances
All continuance motions must be signed by their respective clients.
E. All continuance motions shall/will be signed but their respective clients.
Page 5 | Continuances
A continuance motion in a priority case must identify the case's priority status and explain the motion's effect on the case's progress.
D. All motions for continuance in priority cases shall clearly identify such priority status and explain what effect the motion will have on the progress of the case.
Page 5 | Continuances
A party seeking to continue any deadline in the order must file a continuance motion governed by the Motion Practice Administrative Order.
A. Motion and Hearing Required. Any party seeking a continuance of any deadlines in this Uniform Trial Order must file a motion. This motion falls under Motion Practice Administrative Order.
Page 5 | Continuances
A continuance motion must be written and show good cause, and it will generally be disfavored unless extenuating circumstances exist.
All motions for continuances must be in writing, good cause must be shown, and will generally be looked upon with disfavor unless extenuating circumstances are present.
Page 7 | CONTINUANCES
A party that was granted an amendment but failed to facilitate discovery may be denied a later continuance because of the resulting interference with the trial date and orderly case progress.
If the party who was granted amendment failed to facilitate discovery and the same party later seeks a continuance, the trial court may deny the continuance of the failure created interference with the trial date and the orderly progress of the case.
Page 2 | Motions to Continue Trial
An amendment of pleadings or affirmative defenses permitted within 60 days of trial does not support a continuance when no additional discovery is required.
If amendment of pleadings or affirmative defenses is permitted under the relevant rules within 60 days of trial, the amendment shall not serve as grounds for continuance where no additional discovery is required.
Page 2 | Motions to Continue Trial
Failure to comply with the order may result in denial of a motion to continue a hearing or trial.
Counsel's failure to comply with this order may result in the motion for continuance of hearing or trial being denied.
Page 2 | Motions to Continue Trial
Successive continuance requests are highly disfavored.
Successive continuances are highly disfavored.
Page 3 | Rule 1.460 CONTINUANCES MOTIONS TO CONTINUE TRIAL
Failure by any party or attorney to confer as required may result in sanctions.
Failure to confer by any party or attorney under this n.lle may result in sanctions.
Page 3 | Rule 1.460 CONTINUANCES MOTIONS TO CONTINUE TRIAL
Chambers Communication Rules
A last-minute settlement must be communicated specifically and immediately to the court, court reporter, parties, and witnesses.
In the event a last-minute settlement is reached between the parties, the Court, court reporter, parties and witnesses must be specifically and immediately advised of same.
Page 7 | Combined CMC/Pretrial Order Scheduling Cause for Pre-Trial Conference and Jury Trial
Each attorney of record must immediately notify the court when the case settles.
Each attorney of record shall immediately notify the Court in the event of settlement of their case.
Page 7 | Combined CMC/Pretrial Order Scheduling Cause for Pre-Trial Conference and Jury Trial
Counsel must notify the court's Judicial Assistant by email at bhaimes@circuit5.org when the case is dismissed or settled.
Counsel must make notification in writing via email to bhaimes@circuit5.org).
Page 8 | CASE DISPOSITIONS
A lawyer must avoid substantive ex parte communications with a presiding judge and notify opposing counsel of court or tribunal communications, except communications limited to scheduling or clerical matters.
5. A lawyer must avoid substantive ex-parte communications in a pending case with a presiding judge. The lawyer must notify opposing counsel of all communications with the court or other tribunal, except those involving only scheduling or clerical matters. (See R. Regulating Fla. Bar 4-3.5).
Page 6 | IV. ADHERENCE TO A FUNDAMENTAL SENSE OF HONOR, INTEGRITY, AND FAIR PLAY
A pro se party appearing by phone must set up CourtCall and email the court before the hearing to confirm the arrangement.
PRO-SE PARTIES MUST ALSO SET UP COURTCALL FOR PHONE APPEARANCE (See Courtcall.com or call 1-888-882-6878) AND CONTACT THE COURT PRIOR TO THE HEARING DATE AT bhaimes@circuit5.org TO CONFIRM WITH THE COURT YOU HAVE ARRANGED YOUR APPEARANCE.
Page 2 | Procedures as to Hearing Attendance
The moving party must set up the Zoom hearing and send invitations to all parties, including an email invitation to the Court.
It is the moving party's responsibility to set up the Zoom hearing and send invitations to all parties, including an invitation to the Court at DES-circuitcivil@circuit5.org
Page 1 | ZOOM PROCEDURES — Non-Evidentiary Hearings
All hearings must be scheduled through the email link on the 5th Circuit website.
All hearings are scheduled via the email link on the 5th Circuit Website (www.circuit5.org)
Page 1 | Scheduling/Hearing Memorandum
Scheduling requests may not be made by telephone.
No phone call scheduling request are allowed.
Page 1 | Scheduling/Hearing Memorandum
A pro se party using a CourtCall phone appearance must contact the court by email before the hearing date to confirm that the appearance has been arranged.
PRO-SE PARTIES MUST ALSO SET UP COURTCALL FOR PHONE APPEARANCE (See Courtcall.com or call 1-888-882-6878) AND CONTACT THE COURT PRIOR TO THE HEARING DATE AT bhaimes@circuit5.org TO CONFIRM WITH THE COURT YOU HAVE ARRANGED YOUR APPEARANCE.
Page 1 | CourtCall and Zoom Appearance Procedures
Parties must acknowledge compliance with the Zoom hearing procedures at least five working days before the hearing date, including by email for a personal appearance.
***THE COURT REQUIRES ACKNOWLEDGMENT OF THE ABOVE BY RECEIPT OF A MOTION AND ORDER (COURTCALL), NOTICE OF ZOOM HEARING OR INVITATION TO THE COURT (ZOOM APPEARANCE), OR EMAIL (ACKNOWLEDGING PERSONAL APPEARANCE) WITHIN 5 WORKING DAYS PRIOR TO HEARING DATE.***
Page 2 | CourtCall and Zoom Appearance Procedures
Contact the Magistrate's Office at kcorden@circuit5.org for Status Hearing issues, and submit any motion or order requesting a telephone appearance at least five working days before the hearing.
Additionally, the case is set for its first Status Conference before the General Magistrate, Yolanda Romagnolo. Contact the Magistrate's Office (kcorden@circuit5.org) for any issues regarding these Status Hearings, which includes all motions and orders to appear by phone for these hearings (all motions and orders to appear by phone must be provided to the Magistrate at least 5 working days prior to hearing date or the party WILL NOT be allowed to appear by phone) as stated below:
Page 9 | COMBINED CMC/PRETRIAL ORDER SCHEDULING CAUSE FOR PRE-TRIAL CONFERENCE AND JURY TRIAL
A party seeking to cancel a previously scheduled hearing must notify the judge's judicial assistant by email or telephone and file a notice of cancellation.
In the event that party seeks to cancel a previously scheduled hearing, the party must e-mail or telephone the judge's judicial assistant and file a notice of cancellation.
Page 2 | ADMINISTRATIVE ORDER ESTABLISHING CIRCUIT COURT CIVIL COURT GUIDELINES AS TO "MEET AND CONFER" FOR JUDGE SCAGLIONE
After notice of a hearing cancellation is provided, the judicial assistant will request confirmation by email with a courtesy copy of the notice attachment, and the party must comply.
The judicial assistant will request confirmation via e-mail correspondence (courtesy copy of notice attachment), the party shall comply.
Page 2 | ADMINISTRATIVE ORDER ESTABLISHING CIRCUIT COURT CIVIL COURT GUIDELINES AS TO "MEET AND CONFER" FOR JUDGE SCAGLIONE
Counsel must promptly respond to opposing counsel's inquiries and communications concerning scheduling the conference.
Counsel must respond promptly to inquires and communications from opposing counsel who notices the hearing and is attempting to schedule the conference.
Page 2 | ADMINISTRATIVE ORDER ESTABLISHING CIRCUIT COURT CIVIL COURT GUIDELINES AS TO "MEET AND CONFER" FOR JUDGE SCAGLIONE
Non-lawyer personnel may communicate with judges, judicial officers, or other court personnel only about scheduling and other ministerial matters.
4. A lawyer must not permit non-lawyer personnel to communicate with a judge or judicial officer on any matters pending before the judge or officer or with other court personnel except on scheduling and other ministerial matters. (See Regulating Fla. Bar 4-3.S(b) and 4-8.4(a)).
Page 6 | IV. ADHERENCE TO A FUNDAMENTAL SENSE OF HONOR, INTEGRITY, AND FAIR PLAY
The judge's judicial assistant should not be contacted to request hearing or oral-argument time unless Florida law clearly requires it or the court has already granted that time and dates are being requested.
CAVEAT: Please do not email or call the Judge's judicial assistant to request time from the court unless such time for hearing or oral argument: a) is clearly required by Florida law; or b) has been previously granted by this court under the terms of this motion practice order and you are emailing to obtain dates and time for same.
Page 8 | CAVEAT
The judge's judicial assistant should not be called to request hearing or oral-argument time unless Florida law clearly requires it or the court has already granted that time.
CAVEAT: Please do not email or call the Judge's judicial assistant to request time from the court unless such time for hearing or oral argument:
Page 8 | CAVEAT
The courtesy-copy link must not be used to ask questions, including questions about proposed orders.
It is NOT for questions (even regarding proposed orders, use the questions link)
Page 1 | Courtesy Copies and Proposed Orders
Requests for a hearing date must be submitted to DEScalendarrequest@circuit5.org.
Please use the following address to request a hearing date: DEScalendarrequest@circuit5.org
Page 1 | Hearing Requests
The courtesy-copy link must not be used for correspondence with the court.
It is NOT for any correspondence with the Court (Use the questions link)
Page 1 | Courtesy Copies and Proposed Orders
Fifth Judicial Circuit judges may not discuss pending cases with 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.
Page 1 | NOTICE TO THE PUBLIC
Parties must not call the court expecting to discuss a case with a judge.
Please do not call the Court expecting to speak with a Judge about any case.
Page 1 | NOTICE TO THE PUBLIC
The courtesy-copy link must not be used to request a hearing.
It is NOT for requests for hearing. (See the hearing request link)
Page 1 | Courtesy Copies and Proposed Orders
After approximately 45 days without a ruling following compliance with the motion practice instructions, counsel may email the presiding judge's judicial assistant to confirm receipt.
If you have properly followed all of the instructions in this Motion Practice Order and have not heard from the court within approximately forty-five (45) days, it is appropriate to contact the Presiding Judge's judicial assistant via email and politely make sure the motion/request has been received.
Page 8 | 20) OTHER IMPORTANT REQUIREMENTS /CONSIDERATIONS: C. Follow-up by email
The chambers fax number is (352) 754-4273.
FAX: (352) 754-4273
Page 1 | Courtroom Safety Guidelines and Requirements
The chambers email address is bhaimes@circuit5.org.
bhaimes@circuit5.org
Page 1 | Courtroom Safety Guidelines and Requirements
The judicial assistant's phone number is (352) 754-4030.
JUDICIAL ASSISTANT (352) 754-4030
Page 1 | Courtroom Safety Guidelines and Requirements
The courtesy-copy email address will not respond to messages.
Please note the above address will not respond.
Page 1 | Courtesy Copies and Proposed Orders