Court Rules

Court-wide rules

Applies court-wide

These 77 rules apply across Florida 5 Judicial Circuit (Citrus, Hernando, Lake, Marion, Sumter). Where this judge's own standing orders above address the same topic, the judge's requirement controls.

Formatting

All 34
  • Format
    DOCX

    Proposed orders must be created in the latest version of Microsoft Word in .docx format.

  • Do not place spaces before the JJJJ, GGGG, or AAAA codes, and use the Right Alignment button to position signature fields.

  • Proposed orders must not contain page breaks or section breaks.

Filing Requirements

All 30
  • Applies to
    Proposed order
    Must include
    proposed order

    Proposed orders must use the specified signature-field code pairs, including DDDD/JJJJ, MMMM/AAAA, RRRR/GGGG, and CCCC.

  • Applies to
    Proposed order

    Each electronic-signature code must contain all four capital letters and may appear only once per line.

  • Applies to
    Proposed order
    Must include
    case number

    Every proposed order must include the Unified Case Number.

Communication

All 4
  • Non-lawyer personnel may communicate with judges, judicial officers, or other court personnel only about scheduling and other ministerial matters.

  • A lawyer must avoid substantive ex-parte communications with the presiding judge in a pending case.

  • A lawyer must notify opposing counsel of communications with the court or tribunal unless the communication concerns only scheduling or clerical matters.

E-Filing

All 3
  • Applies to
    Cover letter

    A cover letter is optional, but if submitted it must be an Adobe PDF containing relevant details and must be uploaded separately from the proposed order.

  • Applies to
    Proposed order

    When multiple proposed orders are submitted in one filing, each order must be uploaded separately to the E-Portal.

  • Applies to
    Foreclosure packet

    All foreclosure packet documents must be e-filed with the clerk when hearing time is reserved.

About Judge Donald E. Scaglione

Donald E. Scaglione, Circuit Judge, Hernando County Circuit Court. Judicial assistant: Becky Haimes. Office: (352) 754-4030.

- Hernando County Courthouse 4th Floor, Suite F, Room 444 20 N. Main Street Brooksville, FL 34601

Common questions about Judge Donald E. Scaglione's rules

Are courtesy copies required for Judge Donald E. Scaglione?

Courtesy-copy rule applies for memorandas, case laws, and other materials. Details: delivery at least three court days before scheduled hearing. 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.

View ruleSource: page 3, section conference

Does Judge Donald E. Scaglione require a pre-motion conference or letter before filing a motion?

Judge Donald E. Scaglione's rules set a pre-motion procedure for covered motions. Before filing a motion, the movant must make a good-faith effort to confer with the opposing party, subject to the listed exceptions.

View ruleSource: page 1, section RULE 1.202. CONFERRAL PRIOR TO FILING MOTIONS

What page or word limits apply to legal memorandum before Judge Donald E. Scaglione?

Judge Donald E. Scaglione's rule states these limits: 10 pages; 10 pages; 10 pages; 10 pages. 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.

View ruleSource: page 6, section Page limitation

What formatting rules apply to filings before Judge Donald E. Scaglione?

Judge Donald E. Scaglione's formatting rule includes file format docx. Jury instructions and verdict forms emailed to the division must be in Word format.

View ruleSource: page 6, section Meeting Prior to Pretrial Conference

What must be included with pretrial memorandum filings before Judge Donald E. Scaglione?

The rule requires caption, judge name, and case number. 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.

View ruleSource: page 5, section Pre-Trial Submissions

What must be included with pleading filings before Judge Donald E. Scaglione?

The rule requires ai disclosure. Any pleading prepared with generative artificial intelligence must disclose that use to the court.

View ruleSource: page 3, section Warning as to Generative Artificial Intelligence

How may parties contact Judge Donald E. Scaglione's chambers?

Each attorney of record must immediately notify the court when the case settles.

View ruleSource: page 7, section Combined CMC/Pretrial Order Scheduling Cause for Pre-Trial Conference and Jury Trial

How do I request an adjournment or extension before Judge Donald E. Scaglione?

Advance notice is not fully stated in the structured details. A continuance may be granted only when the requesting party establishes good cause.

View ruleSource: page 7, section CONTINUANCES

Is electronic filing required before Judge Donald E. Scaglione?

No. Electronic filing is prohibited for the covered filings. Pleadings may not be transmitted to the court by facsimile.

View ruleSource: page 8, section FACSIMILE TRANSMISSIONS

When is a filing treated as filed before Judge Donald E. Scaglione?

The rule addresses filing timing, filing status, or cure windows. Counsel must promptly file all paperwork needed to close a dismissed or settled case.

View ruleSource: page 8, section CASE DISPOSITIONS

What rule applies to service for pretrial order before Judge Donald E. Scaglione?

Proof of service is required for the covered service rule. Details: recipient: the opposing party, timing: after service. The plaintiff must serve the pretrial order on each defendant, obtain proof of service, and file that proof in the court file.

View ruleSource: page 1, section COMBINED CMC/PRETRIAL ORDER SCHEDULING CAUSE FOR PRE-TRIAL CONFERENCE AND JURY TRIAL
Complete rules summary for Judge Donald E. Scaglione

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.

The plaintiff must serve the pretrial order on each defendant, obtain proof of service, and file that proof in the court file.

All parties must send the court a courtesy copy of every motion or notice filed in the matter and of any response or reply.

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.

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.

Any pleading prepared with generative artificial intelligence must disclose that use to the court.

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.

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.

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.

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.

Plaintiff must submit proposed general jury instructions, and Defendant must submit proposed defense or special instructions.

Counsel must bring a CD containing copies of all jury instructions and the verdict form to trial.

Each party must submit a proposed statement of the case for use in jury instructions.

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.

Every continuance motion must comply with Florida Rule of Civil Procedure 1.460 and be signed by the requesting party.

Each attorney of record must immediately notify the court when the case settles.

A last-minute settlement must be communicated specifically and immediately to the court, court reporter, parties, and witnesses.

A Suggestion of Non-compliance should identify the allegedly noncompliant attorney and describe the noncompliance.

A copy of the Suggestion of Non-compliance must be served on all counsel and sent to the court.

Counsel must notify the court's Judicial Assistant by email at bhaimes@circuit5.org when the case is dismissed or settled.

Counsel must promptly file all paperwork needed to close a dismissed or settled case.

Pleadings may not be transmitted to the court by facsimile.

Parties must use the 5th Circuit website's Hernando/Judges/Scaglione pleading link to submit pleadings.

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.

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 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.

A motion seeking a continuance requires the client's signature or consent, and the client may not file a comment about the requested continuance.

The client-notification policy does not apply to the State of Florida or other governmental bodies.

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