Judge Erin Daly
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Motion
- Email • Before Deadline
Notice Of Conflict
- Immediately Upon Filing
Adjournments
- A request to change a scheduled date because of a conflict must be filed within 10 days after the conflict is discovered.
- Parties may extend a case-management deadline by agreed order only when the extension does not impair compliance with remaining dates.
- When a proposed deadline extension would affect a later case-management deadline, the parties must seek an amendment to the order rather than file an extension motion.
- Procrastination in discovery and unavailability of counsel do not constitute good cause to change case-management deadlines.
- +7 more
Request must include
- A motion to continue a trial must be filed within 14 days after the supporting grounds first arise.
Communication
Chambers
Phone
Chambers
Phone
Clerk
Page & Word Limits1 rule
Unless the court gives prior permission, a legal memorandum may not exceed 15 pages.
12. Page limitation. Absent prior permission of the Court, no party shall file a legal memorandum in excess of fifteen (15) pages in length.
Legal Memorandum
15 pages
Document Format Requirements12 rules
Exhibits must be submitted as separate documents rather than as one PDF containing multiple exhibits.
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).
Proposed orders must use plain text and may not contain text boxes, macros, formulas, Word field codes, cells, or page, line, or section breaks.
Proposed orders must be submitted in plain text and language. NO text boxes, macros, formulas, Word field codes, cells, page breaks, line breaks or section breaks are to be included.
Applications seeking relief or presenting argument must be written in the prescribed civil-rule form and ordinarily may not be submitted as letters unless invited or directed by the court.
14. Form of motions. 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, should not be addressed or presented to the Court in the form of a letter or the like.
Exhibits must be named so they can be located easily, such as “P#1 – Photo.”
The exhibits are to be named in such a manner as to make them easily located such as “P#1 – Photo” etc.
Electronic exhibits should use a commonly recognized format such as JPEG or PDF.
The electronic exhibits should be in a commonly recognized format such as JPEG or PDF.
A proposed Zoom order must leave space for the Court to insert the meeting link and access information.
Proposed Zoom orders must leave space for the Court to insert the meeting link and access information.
Each exhibit must be named so it can be located easily and submitted as a separate document.
Exhibits are to be named in a manner to make them easily located and shall be submitted as separate documents.
Bulk-document submitters must inspect Word hidden fields and special characters before uploading an order.
If your system uses applications to generate bulk documents, check all hidden fields or special characters by clicking the “Show/Hide” button in Word to discover hidden characters like spaces, paragraph markers, or hidden tab marks.
Intended evidentiary exhibits must use the PDF format.
Exhibits: Five days prior to any hearing, submit all evidence which you intend to rely on as pre-marked exhibits via PDF format to opposing counsel or pro se party and email to the Court at pbarto@circuit5.org.
Electronic exhibits should use a commonly recognized format such as PDF or JPEG.
Electronic exhibits should be in a commonly recognized format such as PDF or JPEG.
Each order must be uploaded as a separate portal document and formatted so the judge's signature does not appear alone on a page.
Every order must be uploaded as a separate document in the e-portal. Keep the formatting such that the Judge’s signature does not land on a page by itself.
All proposed orders must be submitted in Word format.
After a motion has been filed with the Sumter Clerk of Court and the filer has received confirmation the Clerk has docketed the motion and any supporting documents, all Proposed Orders must: be in WORD format; contain the case number, contain a proper certificate of service; conform to electronic filing requirements; be uploaded to the Court’s e-filing portal to the judiciary.
DOCX
Document Filing Requirements37 rules
Any pleading or motion produced with generative artificial intelligence must disclose that use on the face of the document.
IF ANY GENERATIVE ARTIFICIAL INTELLIGENCE TECHNOLOGY IS USED IN PRODUCING A PLEADING OR MOTION IT MUST BE NOTED ON THE FACE OF THE PLEADING OR MOTION.
Document Type
Pleading Or Motion
A party opposing a written motion or application must file and serve an opposition memorandum with citations within twenty days after service.
Each party opposing any written motion or other application shall file and serve, within twenty (20) days after being served with such motion or application, a legal memorandum with citations to authority in opposition to the relief requested.
Document Type
Opposition Memorandum
A moving party must file and serve a supporting legal memorandum with citations whenever filing a written motion or other application for an order.
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 to authority in support of the relief requested.
Document Type
Written Motion Or Application
When further argument is needed, counsel must file a reply within five days after receiving the opposing memorandum.
If upon receipt of an opposing memorandum, counsel determines further argument of his client’s position is required, counsel shall file a reply within five (5) days of the receipt of opposing memorandum.
Document Type
Reply Brief
Each party must submit a proposed order to the court.
18. Proposed Orders. Each party shall submit a proposed order to the Court.
Document Type
Proposed Order
A motion must be accompanied by a counsel certification that conferral with opposing counsel occurred.
Prior to filing any motion, prior to the case management conference, and prior to the pretrial conference, counsel shall confer and correspond with counsel for the opposing party in a good faith effort to discuss timing, delays, issues, and resolve by agreement any issues raised, and shall certify to the Court at the time of filing the motion that s/he has conferred with opposing counsel.
Document Type
Motion
Use of generative artificial intelligence technologies in a pleading or motion submitted to the court must be noted on the face of that document.
THE USE OF GENERATIVE ARTIFICIAL INTELLIGENCE TECHNOLOGIES IN THE PRODUCTION OF PLEADINGS AND MOTIONS SUBMITTED TO THE COURT WILL BE NOTED ON THE FACE OF THE PLEADING OR MOTION.
Document Type
Pleadings And Motions
Each signer of a filing must represent that the signer read it, good grounds support it, and its identified legal authorities exist and are accurately cited.
Rule 2.515(d)(2), Florida Rules of General Practice and Judicial Administration, require each signer of a filing to represent that they have read the document, that there are good grounds supporting the document, and that the legal authorities identified in the filing exist and are accurately cited.
Document Type
Filing
A motion to allow a witness to appear by Zoom must be submitted with a proposed order granting the motion.
To facilitate Zoom use, confer with opposing counsel, submit an agreed or contested motion with proposed order to allow your witness to appear via zoom, and upload a proposed order granting your motion.
Document Type
Motion
A Notice of Hearing must be filed after the hearing-time booking is approved.
YOU MUST FILE A NOTICE OF HEARING UPON RECEIVING THE BOOKING APPROVAL.
Document Type
Notice Of Hearing
A Zoom appearance request requires both a motion filed with the clerk and a proposed order uploaded to the court portal.
Requests to appear by Zoom must be made by motion filed with the Clerk, with a courtesy copy emailed to the Judicial Assistant at PBarto@circuit5.org and a proposed order uploaded to the portal, no later than five (5) business days before the scheduled event.
Document Type
Zoom Motion
The proposed order approving a Stipulated Civil Case Management Plan must identify the parties and case number, preserve the template formatting and codes, and be submitted through the court E-portal.
Order Approving Stipulated Civil Case Management Plan – Download the Order, add the Plaintiff(s), Defendant(s) and the Case number. Please do not edit the formatting (codes) on this order. Submit the Proposed Order to the Judiciary (court) via the E-portal.
Document Type
Proposed Order
After Court approval of a hearing cancellation, the requesting party must file a notice of cancellation.
If approved by the Court, you will be required to file a notice of cancellation.
Document Type
Notice Of Cancellation
A Zoom motion and proposed order must identify the requesting party or state that the request is stipulated.
The motion and proposed order must identify the requesting party or indicate whether the request is stipulated.
Document Type
Zoom Motion
A party may cancel a noticed hearing only with Court approval.
Noticed hearings set by a party may only be cancelled with the approval of the Court.
Document Type
Notice Of Cancellation
A Zoom motion for an evidentiary hearing must confirm consultation with opposing counsel and state opposing counsel's position.
Motions to appear by Zoom for evidentiary hearings must confirm whether opposing counsel has been consulted and state their position.
Document Type
Zoom Motion
A Notice of Conflict must identify the case number and county of the conflicting case and the judge presiding over that case.
The Notice of Conflict shall contain at least the following information: the case number creating the conflicts with the county of the case and the name of the judge presiding over the other case.
Document Type
Notice Of Conflict
Only after the motion and supporting documents are docketed may a proposed order be uploaded, and it must use Word format, include the case number and proper certificate of service, and comply with electronic filing requirements.
After a motion has been filed with the Sumter Clerk of Court and the filer has received confirmation the Clerk has docketed the motion and any supporting documents, all Proposed Orders must: be in WORD format; contain the case number, contain a proper certificate of service; conform to electronic filing requirements; be uploaded to the Court’s e-filing portal to the judiciary.
Document Type
Proposed Order
Exhibits to proposed orders must be filed with the clerk and referenced in the proposed order by docket number and exhibit name.
Any exhibits to proposed orders are to be filed with the Clerk and referenced in the proposed order with the docket number and name of exhibit in the proposed order.
Document Type
Proposed Order
A self-represented litigant must check the accuracy of generative-AI-assisted material before submitting it to the court.
A self- represented litigant has the duty to check the accuracy of anything they submit to the Court.
Document Type
Pro Se Document
A supporting memorandum may appear in the motion body if it is clearly titled “Motion to/for------------and Memorandum of Law.”
A supporting memorandum may be incorporated into the body of the motion but should be clearly titled, "Motion to/for------------and Memorandum of Law."
Document Type
Written Motion Or Application
Counsel should file written notice with the clerk when the client has no objection and does not intend to submit a responsive memorandum.
If a party has no objection to a motion and does not intend to file a responsive memorandum, counsel should file a written notice with the Clerk of the Court so indicating.
Document Type
Written Notice Of No Objection
Failure to timely submit an opposition memorandum may result in default approval of the motion or a finding of no objection.
Failure to respond within the time allowed may be deemed sufficient cause for granting the motion by default or for the Court to construe that there is no objection to the motion.
Document Type
Opposition Memorandum
If a motion to compel alleges a complete and unextended failure to respond or object, the court may compel discovery ex parte.
10. Content of discovery motions. Except for motions grounded upon a complete failure to respond to discovery, discovery motions shall: (1) quote in full each interrogatory, question on deposition, request for admission, or request for production to which the motion is addressed; (2) quote in full the objection and grounds given therefore; and (3) state (with citations to authority) the reasons such objection should be overruled or sustained. If there is an allegation in the motion to compel of a complete failure to respond or object to discovery and there has been no request for an extension of time, then the Court may enter an ex parte order compelling discovery.
Document Type
Motion To Compel
Except for complete nonresponse, a discovery motion must quote the discovery request and response at issue and state with authority why the objection should be overruled or sustained.
10. Content of discovery motions. Except for motions grounded upon a complete failure to respond to discovery, discovery motions shall: (1) quote in full each interrogatory, question on deposition, request for admission, or request for production to which the motion is addressed; (2) quote in full the objection and grounds given therefore; and (3) state (with citations to authority) the reasons such objection should be overruled or sustained.
Document Type
Discovery Motion
An exhibit containing AI-generated or AI-altered evidence must include a Disclosure Statement and appropriate foundation.
Any such exhibit must include a Disclosure Statement and appropriate foundation.
Document Type
Exhibit
The hearing-time booking notes must state that the selected dates and times were coordinated.
Include in the Notes Section when booking your request that you have coordinated the selected dates and times.
Document Type
Hearing Time Request
The scheduling contact must indicate whether opposing counsel agrees to the requested hearing length.
Indicate if opposing counsel agrees with the required length of time sought for your motion to be heard.
Document Type
Hearing Time Request
The evidence submission must include an exhibit list identifying each item, giving a short description, and stating where judicially noticed items and requested materials can be found.
Parties must also include an evidence list of exhibits for identification with a short description, indicating where any evidence items are to be judicially noticed and where the requested information or document can be found.
Document Type
Evidence List
Evidentiary hearings are scheduled in person unless the Court orders otherwise.
All Evidentiary Hearings will be scheduled in person unless otherwise ordered by the Court.
Document Type
Hearing Request
The requesting party must prepare the Notice of Hearing and include the docket number of each motion to be heard.
It is YOUR responsibility to do a Notice of Hearing. When preparing your notice of hearing, please include the docket number for the motion(s) that will be heard.
Document Type
Notice Of Hearing
Continuance motions, certain default motions, exhibit withdrawal or substitution motions, qualifying discovery-extension motions, and counsel withdrawal or substitution motions need not include a separate memorandum of law.
The following motions need not be accompanied by a memorandum of law: a. motion for continuance; b. motion for default addressed to the Court; c. motion to withdraw or substitute exhibits; d. motion for extension of time in which to complete discovery, provided good cause is set forth in the motion; and e. motion to withdraw or substitute counsel.
Document Type
Motion
Items already in the court file, including pleadings, orders, and financial affidavits, need not be provided as hearing 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.
Requirement
Document requirement
For a pro se litigant seeking hearing time on an application, the court will file the Notice of Hearing.
(For pro se litigants seeking hearing time on the application, a Notice of Hearing will be filed for you).
Document Type
Notice Of Hearing
A cover letter is recommended when necessary information must be conveyed to the judge, but a cover letter is not required for a simple standard order.
When submitting your order/judgment through the E-filing Portal, it is recommended that you submit a cover letter as well to convey any necessary information to the Judge. Simple standard orders do not require a cover letter.
Document Type
Cover Letter
Zoom links are provided for requested non-evidentiary hearings lasting 30 minutes or less.
Zoom requests for hearings 30 minutes or less for non-evidentiary hearings will be provided a zoom link.
Document Type
Hearing Request
Items already in the court file need not be resubmitted because the Court will take judicial notice of them.
The Court will take judicial notice of items already in the court file, so those items need not be provided.
Document Type
Evidence List
Filing & Service rules
Electronic Filing Rules
A proposed order granting a motion for a witness to appear by Zoom must be uploaded.
To facilitate Zoom use, confer with opposing counsel, submit an agreed or contested motion with proposed order to allow your witness to appear via zoom, and upload a proposed order granting your motion.
Page 2 | Facilitating Zoom Use
After the motion and supporting documents are docketed, the proposed order must be uploaded to the Judiciary through the Court's e-filing portal.
After a motion has been filed with the Sumter Clerk of Court and the filer has received confirmation the Clerk has docketed the motion and any supporting documents, all Proposed Orders must: be in WORD format; contain the case number, contain a proper certificate of service; conform to electronic filing requirements; be uploaded to the Court’s e-filing portal to the judiciary.
Page 1 | SUBMITTING PROPOSED ORDERS
The Stipulated Civil Case Management Plan must be e-filed with the clerk by itself and not combined with the order approving it.
Judge Daly- Stipulated Case Management Plan -Efile to clerk. The Stipulated CMP only is to be e-filed with the clerks. Please do not combine the CMP and the Order Approving the CMP as one document.
Page 1 | CIVIL
Evidence may be transmitted to the Court by email attachment, U.S. Mail, hand delivery, or another physical-delivery method.
Evidence may be shared with the Court by email attachment to pbarto@circuit5.org or some means of physical delivery (US Mail, hand delivery, etc.).
Page 1 | EVIDENCE
Filing Timing and Cure Windows
All objections to pleadings must be filed and served within 30 days after the pleading is filed in both streamlined and general cases.
Filing and Service of Within 30 days of filing Within 30 days of filing All Objections to pleadings
Page 2 | Deadlines
All pretrial motions must be filed and served at least 60 days before the pretrial conference in both streamlined and general cases.
filing All Objections to pleadings At least 60 days prior to pre- At least 60 days prior to pre- Filing of all trial conference, notice for trial conference, notice for pre-trial motions hearing prior to PTC hearing prior to PTC
Page 2 | Deadlines
An in limine motion ordinarily will be resolved without a hearing unless oral argument is requested and granted or the court orders otherwise, and it must be filed no later than 30 days before the pretrial hearing or may be denied as untimely.
16. In limine motions. Unless oral argument is requested and granted, or otherwise ordered by the Court, in limine motions will be resolved without a hearing. All motions in limine must be filed no later than 30 days before the start of the pretrial hearing or the Court may deny the motion as being untimely.
Page 6 | Order Establishing Motion Practice Procedures
A party granted permission for a Zoom appearance must share intended hearing evidence with the opposing party and Court no later than 48 hours before the hearing.
If a motion for zoom appearance is granted, any documents, photographs or evidence that a party intends to use at the hearing must be shared with the opposing party and the Court no later than 48 hours before the hearing.
Page 1 | EVIDENCE
The Notice of Hearing may not be filed until the booking request receives approval.
YOU MUST FILE A NOTICE OF HEARING UPON RECEIVING THE BOOKING APPROVAL.
Page 1 | Judge Daly – Civil (CA) and Family Law (DR) Cases
A proposed order submitted before the motion and supporting documents are docketed will be rejected and must be resubmitted after docketing.
Proposed orders submitted before the documents are in the court file will be rejected/returned to you with instructions to resubmit after the supporting documents have been docketed.
Page 1 | SUBMITTING PROPOSED ORDERS
A Zoom appearance request must be made by motion at least five business days before the event, with an emailed courtesy copy to the Judicial Assistant and a proposed order uploaded to the portal.
Requests to appear by Zoom must be made by motion filed with the Clerk, with a courtesy copy emailed to the Judicial Assistant at PBarto@circuit5.org and a proposed order uploaded to the portal, no later than five (5) business days before the scheduled event.
Page 1 | ZOOM APPEARANCES
For a permitted Zoom hearing, all evidence must be submitted at least 48 hours beforehand, and failure to comply may result in exclusion.
All evidence must be submitted to the Court at least 48 hours before the hearing in accordance with the procedures outlined on Judge Daly’s website. Failure to comply may result in exclusion of the evidence.
Page 1 | ZOOM APPEARANCES
Orders and judgments lacking proper service language or correct capital-letter codes without spaces will be rejected for correction and resubmission.
Please note that orders and judgments that do not contain the proper language for service and correct codes in capital letters without spaces will be rejected with instructions to correct and resubmit.
Page 1 | SUBMITTING PROPOSED ORDERS
Evidence may be emailed as an attachment or physically delivered to Judge Daly's Chambers at least five days before the hearing.
Evidence may be sent by email attachment or by physical delivery to Judge Daly’s Chambers, at least five (5) days prior to the scheduled hearing.
Page 1 | EVIDENCE
An incorrectly formatted proposed order will be rejected without judicial signature.
Orders that are not correctly formatted will be rejected unsigned.
Page 1 | SUBMITTING PROPOSED ORDERS
At least five days before a hearing, all intended evidence must be submitted as pre-marked PDF exhibits to the opposing party and emailed to the Court.
Exhibits: Five days prior to any hearing, submit all evidence which you intend to rely on as pre-marked exhibits via PDF format to opposing counsel or pro se party and email to the Court at pbarto@circuit5.org.
Page 1 | CIVIL
All time calculations under the motion-practice order are governed by Florida Rule of Civil Procedure 1.090.
15. Time calculations. All time calculations herein shall be subject to Rule 1.090, Fla. R. Civ. P.
Page 6 | Order Establishing Motion Practice Procedures
A filer must allow two business days for a response and await the confirmation email before preparing the Notice of Hearing.
Please allow 2 business days for a response to your request and please wait for your confirmation email before preparing your Notice of Hearing.
Page 1 | Judge Daly – Civil (CA) and Family Law (DR) Cases
After an order or judgment is rejected, the Court will take no further action until the submitting party corrects and resubmits it.
Once an order/judgment is rejected no further action will be taken until the submitting party corrects it and resubmits it.
Page 1 | SUBMITTING PROPOSED ORDERS
A Notice of Conflict should be filed immediately after the conflict is discovered, with a courtesy copy sent to the Court.
This notice should be filed immediately upon discovery of the conflict with a courtesy copy to the Court.
Page 1 | CONFLICTS
Dropbox links, PDF files, JPEG files, or zip files may be emailed to pbarto@circuit5.org at least five days before the hearing.
Dropbox, PDF, Jpeg, or Zipped Files can be emailed to pbarto@circuit5.org at least 5 days prior to the hearing.
Page 1 | EVIDENCE
The court may consider and determine emergency motions at any time in its discretion.
17. Emergency motions. Motions of an emergency nature may be considered and determined by the Court at any time in its discretion.
Page 6 | Order Establishing Motion Practice Procedures
Service and Proof of Service Rules
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 ON EACH DEFENDANT, OBTAIN PROOF OF SERVICE AND FILE PROOF OF SERVICE IN THE COURT FILE.
Page 1 | Notice Regarding Service of Order
Complaint service is due within 120 days after filing the complaint in both streamlined and general cases.
Service of Within 120 days of Within 120 days of Complaints filing of the complaint filing of the complaint
Page 1 | Differentiated Civil Case Management Order and Order Establishing Motion Practice Procedures
When a proposed Final Judgment requires a Fact Information Sheet, it must be served with the judgment and the filed certificate of service must report that service.
If your proposed Final Judgment orders a Fact Information Sheet to be completed, you must serve that with a copy of the Final Judgment and include that it was served in your filed certificate.
Page 1 | SUBMITTING PROPOSED ORDERS
Pre-marked evidence must be served on opposing counsel or the pro se party by the required deadline.
Exhibits: Five days prior to any hearing, submit all evidence which you intend to rely on as pre-marked exhibits via PDF format to opposing counsel or pro se party and email to the Court at pbarto@circuit5.org.
Page 1 | CIVIL
The submitting or prevailing party is responsible for serving an order on any party that is not registered in the e-filing portal.
It will be the submitting party or prevailing party’s responsibility to ensure orders are served upon any party not in the e-filing portal.
Page 1 | SUBMITTING PROPOSED ORDERS
Conformed copies were mailed in compliance with Florida Rule of Civil Procedure 1.080.
Pursuant to Rule 1.080 of the Florida Rules of Civil Procedure, conformed copies have been mailed
Page 1 | CERTIFICATE OF SERVICE
Courtesy Copy Requirements
A courtesy copy of a Zoom appearance motion must be emailed to the Judicial Assistant at PBarto@circuit5.org.
Requests to appear by Zoom must be made by motion filed with the Clerk, with a courtesy copy emailed to the Judicial Assistant at PBarto@circuit5.org and a proposed order uploaded to the portal, no later than five (5) business days before the scheduled event.
Page 1 | ZOOM APPEARANCES
A courtesy copy of the Notice of Conflict must be provided to the Court.
This notice should be filed immediately upon discovery of the conflict with a courtesy copy to the Court.
Page 1 | CONFLICTS
Filing Bundling Requirements
Parties with many exhibits are encouraged to use a thumb drive or zip files to transmit evidence or to agree to appear in person.
Parties with a large number of exhibits should consider using a thumb drive or zip files to transmit large amounts of evidence to the Court or agreeing to appear in person.
Page 2 | EVIDENCE
Pre-Motion Conference Requirements
Counsel must confer in good faith, certify the unresolved conferral, and attach the correspondence before filing a motion to compel or for a protective order; email alone is insufficient, and noncompliance may result in striking the motion.
9. Discovery motions accompanied by good faith certification. Before filing a motion to compel pursuant to Rule 1.380, Fla. R. Civ. P., or a motion for protective order pursuant to Rule 1.280(c), counsel shall confer and correspond with counsel for the opposing party in a good faith effort to resolve by agreement the issues raised, and shall certify to the Court at the time of filing the motion that s/he has conferred with opposing counsel and has been unable to resolve the dispute and shall attach to the motion a copy of the correspondence with opposing counsel of the good faith effort to resolve the discovery dispute. Conferral to the Court means communication by telephone, video chat or in person discussions. E-mails, especially unanswered, alone will not suffice. The failure to comply with this paragraph may result in the Court entering an order striking, without prejudice, the discovery motion.
Page 5 | Order Establishing Motion Practice Procedures
Before filing a motion and before the case management and pretrial conferences, counsel must make a good-faith effort to confer with opposing counsel; telephone, video chat, or in-person discussion constitutes conferral, unanswered email alone does not, and the plaintiff bears the burden to initiate.
Prior to filing any motion, prior to the case management conference, and prior to the pretrial conference, counsel shall confer and correspond with counsel for the opposing party in a good faith effort to discuss timing, delays, issues, and resolve by agreement any issues raised, and shall certify to the Court at the time of filing the motion that s/he has conferred with opposing counsel. Conferral to the Court means communication by telephone, video chat or in person discussions. E-mails, especially unanswered, alone should not suffice to show conferral attempts. The burden being on the Plaintiff to initiate conferral.
Page 7 | Case Management Schedule and Conferral
Counsel must confer with opposing counsel and submit an agreed or contested motion with a proposed order to permit a witness to appear by Zoom.
To facilitate Zoom use, confer with opposing counsel, submit an agreed or contested motion with proposed order to allow your witness to appear via zoom, and upload a proposed order granting your motion.
Page 2 | Facilitating Zoom Use
All motions must be submitted to the Sumter Clerk of Court and conferred upon between the parties before hearing time may be requested.
All motions must be filed with the Sumter Clerk of Court and conferred upon between the parties before seeking hearing time.
Page 1 | Judge Daly – Civil (CA) and Family Law (DR) Cases
The applicable motion-practice procedures must be satisfied before requesting a hearing.
Motion Practice Procedures are followed, so please make sure you are in compliance with those procedures prior to requesting a hearing.
Page 1 | Judge Daly – Civil (CA) and Family Law (DR) Cases
An interested party may request oral argument in writing with the motion or opposing memorandum and must estimate the time needed; if granted, requesting counsel must help coordinate calendars, although the court may schedule the hearing itself.
The Court may permit oral argument upon the written request of any interested party or upon the Court’s own motion. Requests for oral argument must accompany the motion or opposing legal memorandum and must estimate the time required for argument. When a request for hearing is granted, counsel for the requesting party will be asked to coordinate the calendars of the Court and counsel. The Court, on its own, may schedule the hearing.
Page 6 | Order Establishing Motion Practice Procedures
Motions and applications ordinarily are decided on the papers unless rule or law requires a hearing, but summary judgment motions must be set for hearing and still must be accompanied and responded to with memoranda.
11. Oral argument. Motions and other applications will ordinarily be determined by the Court on the basis of motion papers and legal memoranda unless a hearing is required by rule or law. (For example, under Rule 1.510, Fla. R. Civ. P., summary judgment motions must be set for hearing. This would not, however, extinguish the requirement that the motion be accompanied by and responded to with memoranda taking into consideration the time frame under Rule 1.510, Fla. R. Civ. P., for filing supporting and opposing affidavits, etc.)
Page 5 | Order Establishing Motion Practice Procedures
An in limine motion ordinarily will be resolved without a hearing unless oral argument is requested and granted or the court orders otherwise.
16. In limine motions. Unless oral argument is requested and granted, or otherwise ordered by the Court, in limine motions will be resolved without a hearing.
Page 6 | Order Establishing Motion Practice Procedures
Adjournment & Extension Requirements
When a proposed deadline extension would affect a later case-management deadline, the parties must seek an amendment to the order rather than file an extension motion.
If extending an individual case management deadline may affect a subsequent deadline in this Order, parties must seek an amendment of the Order, rather than submitting a motion for extension of an individual deadline.
Page 3 | Differentiated Civil Case Management Order
A request to change a scheduled date because of a conflict must be filed within 10 days after the conflict is discovered.
Requests for changes to dates set due to conflicts should be filed within 10 days of discovery of a conflict.
Page 7 | Case Management Schedule and Conferral
The parties must strictly adhere to the scheduled deadlines unless a court order changes them, and extensions or deadline modifications must comply with Florida Rule of Civil Procedure 1.200(e)-(h).
The above-referenced schedule of deadlines will be strictly adhered to by the parties unless changed by court order. Extensions of Time or Modification of Deadlines will only be made pursuant to, and in accordance with the requirements of, 1.200(e)-(h), Florida Rules of Civil Procedure.
Page 1 | Trial Information
An agreed or opposed trial continuance motion must specifically state the grounds and when known, whether opposed, readiness actions and dates, required participant availability, the proposed trial-ready date, and whether all parties agree to that date.
Any motion filed to continue a trial, even if agreed, must state with specificity: (1) the basis of the need for the continuance, including when the basis became known to the movant; (2) whether the motion is opposed; (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 (4) the proposed date by which the case will be ready for trial and whether that date is agreed by all parties.
Page 1 | MOTIONS TO CONTINUE, CANCELLATION OF HEARINGS AND CONFLICTS
A motion to continue a previously set hearing must state specific grounds, acknowledge client consent, and identify opposing counsel's position.
Motions to continue any previously set hearing must set forth specific grounds for the request, must include acknowledgement of client consent to bring forth a motion to continue a hearing and shall also include the position of opposing counsel as to the motion.
Page 1 | MOTIONS TO CONTINUE, CANCELLATION OF HEARINGS AND CONFLICTS
Trial continuance motions are disfavored and may be granted only for good cause.
As per Fl Civ Pro Rule 1.460, motions for continuance of a trial are disfavored and should rarely be granted and then only for good cause.
Page 1 | MOTIONS TO CONTINUE, CANCELLATION OF HEARINGS AND CONFLICTS
A motion to continue a trial must be filed within 14 days after the supporting grounds first arise.
Any motion to continue a trial must be filed within 14 days after the appearance of grounds to support the motion.
Page 1 | MOTIONS TO CONTINUE, CANCELLATION OF HEARINGS AND CONFLICTS
A trial continuance motion must be written and signed by the client.
A motion to continue a trial shall be in writing and signed by the client.
Page 1 | MOTIONS TO CONTINUE, CANCELLATION OF HEARINGS AND CONFLICTS
Procrastination in discovery and unavailability of counsel do not constitute good cause to change case-management deadlines.
Procrastination in completing discovery or the unavailability of counsel will not constitute good cause for a change to these deadlines.
Page 3 | Differentiated Civil Case Management Order
Parties may extend a case-management deadline by agreed order only when the extension does not impair compliance with remaining dates.
Parties may submit an agreed order to extend a deadline if the extension does not affect the ability to comply with the remaining dates in this Case Management Order.
Page 3 | Differentiated Civil Case Management Order
Failure to comply with case-management deadlines may result in sanctions, including striking discovery, witnesses, evidence, or pleadings, attorney fees, and dismissal.
Failure to comply with deadlines may subject the parties to sanctions, including but not limited to, striking of discovery, witnesses, evidence, pleadings, imposition of attorney fees, and/or dismissal.
Page 3 | Differentiated Civil Case Management Order
The Court reviews each continuance motion individually and may rule from the pleadings or hold a hearing; opposing counsel's stipulation does not guarantee that the continuance will be granted.
Each motion to continue will be reviewed on a case-by-case basis to determine whether the Court is able to rule on the face of the pleadings or whether a hearing is required. The stipulation of opposing counsel does not guarantee the granting of a continuance.
Page 1 | MOTIONS TO CONTINUE, CANCELLATION OF HEARINGS AND CONFLICTS
Chambers Communication Rules
Counsel and pro se parties are directed to confer to maximize the use of stipulations.
Counsel and pro-se parties are directed to confer to maximize the use of stipulations.
Page 2 | EVIDENCE
Email or a three-way telephone call to Judicial Assistant Paula Barto must be used for hearing-time inquiries expected to exceed one hour or for scheduling issues outside OnceHub.
Inquiries for hearing time anticipated by the parties to last more than one hour or for any other issues regarding scheduling hearings outside of OnceHub, contact needs to be made by email and/or 3 way telephone to Judicial Assistant Paula Barto pbarto@circuit5.org 352-569-6960 with opposing counsel or their office staff on the line or cc’d on the email.
Page 1 | Judge Daly – Civil (CA) and Family Law (DR) Cases
Parties with many exhibits may transmit them through Dropbox or a zip file, but must call the Judicial Assistant before sending an executable file.
Parties with a large number of exhibits can utilize Dropbox or a zip file to transmit large amounts of evidence to the court. Call Judicial Assistant Paula Barto to confirm sending any such executable file at (352) 569-6960.
Page 1 | EVIDENCE
A hearing request of up to one hour must be submitted through OnceHub according to its instructions.
(OnceHub Scheduling) (OnceHub Instructions) – For hearing request up to one hour please use the schedule a hearing button below. Follow the instructions in OnceHub when booking your request.
Page 1 | REQUESTS FOR HEARINGS
Requests for hearing times exceeding one hour must be emailed to the Judicial Assistant with all parties copied.
For hearing times that exceed one hour, please send your request to pbarto@circuit5.org, cc: all parties.
Page 1 | CIVIL
Every email hearing request to the Judicial Assistant must state the amount of hearing time requested.
*Any email request for hearings to the JA, need to include how much time is needed.
Page 1 | REQUESTS FOR HEARINGS
A person needing a disability accommodation must contact the ADA Coordinator at least seven days before the appearance, or immediately if less than seven days remains.
Please contact ADA Coordinator, Sumter County Courthouse, 215 East McCollum Avenue, Bushnell, Florida 33513 or (352) 569-6952 at least 7 days before your scheduled court appearance, or immediately on receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711.
Page 1 | ADA
A request to cancel a hearing must be emailed to the Judicial Assistant with the reason for cancellation.
If you wish to cancel a previously scheduled hearing, you must email PBarto@circuit5.org and advise of the reason of the cancellation request.
Page 1 | CANCELLATIONS
A request for a hearing exceeding one hour must state the case number in the subject line, the total hearing time requested by all parties, and the motion to be heard.
You must include your case number in the subject line, the total amount of time being requested by all parties as well as the motion that is to be heard.
Page 1 | CIVIL
Questions about the Zoom standing order may be emailed to Paula Barto, Judicial Assistant, at pbarto@circuit5.org.
If you have any questions about this standing order, please contact Paula Barto, Judicial Assistant, at pbarto@circuit5.org or (352)569-6960 or see court website - Erin Daly - State of Florida Fifth Judicial Circuit - https://www.circuit5.org/courts-judges/sumter- county/judiciary/erin-daly/ - “zoom appearances”.
Page 2 | Questions and Contact