Judge Lisa Herndon
Individual Rules, Standing Orders & Policies
Communication
Chambers
Phone
Chambers
Document Format Requirements3 rules
An agreed or unopposed proposed order must be prepared in Word format.
Agreed/Unopposed Orders are to be submitted to swaldron@circuit5.org (in Word format) with a copy of the motion and a notation that the proposed Order is agreed or unopposed, and accompanied by a cover letter indicating that opposing counsel has approved the form of the order.
DOCX
The proposed order must be submitted as a separate document rather than attached to the motion or cover letter.
Proposed order shall be sent as a separate document, not attached to the motion or cover letter.
When all parties receive electronic service, the proposed order must be prepared in Word format for email submission.
If all parties receive e-service, proposed orders should be submitted in Word format via email to swaldron@circuit5.org.
DOCX
Document Filing Requirements13 rules
An agreed or unopposed proposed order must be emailed in Word format with the motion, an agreed-or-unopposed notation, and a cover letter confirming opposing counsel's approval.
Agreed/Unopposed Orders are to be submitted to swaldron@circuit5.org (in Word format) with a copy of the motion and a notation that the proposed Order is agreed or unopposed, and accompanied by a cover letter indicating that opposing counsel has approved the form of the order.
Document Type
Proposed Order
After hearing time is confirmed, a Notice of Hearing must be filed with the clerk and an emailed copy sent to the judge's office.
Once hearing time is confirmed, a Notice of Hearing must be filed with the Clerk of Court and a copy forwarded via email to the Judge’s office.
Document Type
Notice Of Hearing
A competing proposed order must be submitted immediately by email in Word format and identified as a competing order.
If opposing counsel objects and intends to present a competing order, the proposed order must be submitted immediately, in Word format, with a notation in the email that it is a competing order.
Document Type
Proposed Order
A proposed order may not be sent to the court until opposing counsel approves it.
Please do not send proposed orders to the court until you have approval from opposing counsel.
Document Type
Proposed Order
The Certificate of Service must be complete and list all counsel of record and parties.
Please be sure that the Certificate of Service is complete, listing all Counsel of Record and parties.
Document Type
Certificate Of Service
An examination directed at a nonphysical condition requires either a court order or a written agreement from all parties.
Examinations sought under Fla. R. Civ. P. 1.360(a)(1)(B) [non-physical condition] must be obtained with an order from this Court, or with a written agreement of all parties.
Document Type
Nonphysical Condition Examination Authorization
An examination request must specifically identify the examination's time, place, manner, conditions, scope, and the examiner's name and qualifications.
Requests for an examination must set forth the time, place, manner, conditions and scope of the examination as well as the name of and the qualifications of the person conducting the examination with specificity.
Document Type
Examination Request
An examination objection must state the specific grounds for objecting.
The objections must state the specific reasons for the objections.
Document Type
Examination Objection
By filing any pleading, motion, or other document, each signer represents that the signer read it, it has good grounds, it is not filed for delay, and its identified legal authorities exist and are accurately cited.
By filing any pleading, motion, or other document with this Court, each signer represents that they have read the document, there are good grounds to support it, it is not interposed for delay, and the legal authorities identified exist and are accurately cited.
Document Type
Court Document
Plaintiff must file a Notice of Mediation Conference with the clerk within ten days after the order, identifying the mediation date and time.
Plaintiff shall have ten (10) days from the date of this order to file a "Notice of Mediation Conference" with the clerk, indicating the date/time of the mediation.
Document Type
Notice Of Mediation Conference
If the parties cannot agree on a mediator, plaintiff’s counsel must submit a proposed order containing appropriate blanks so the court can select a certified mediator.
If the parties are unable to agree on a mediator, Plaintiffs counsel shall submit a proposed order (with appropriate blanks) and a mediator will be selected by the Court from a list of certified mediators maintained by Court Administration.
Document Type
Proposed Order
Parties are directed to specify the examination's time, place, manner, conditions, scope, and the examiner's name and qualifications.
Please make certain the time, place, manner, conditions and scope of the examination as well as the name of and the qualifications of the person conducting the examination are set forth with specificity.
Document Type
Nonphysical Condition Examination Authorization
A signer's filing responsibilities apply whether or not artificial-intelligence tools were used.
These responsibilities apply regardless of whether artificial intelligence tools were used.
Document Type
Court Document
Filing & Service rules
Electronic Filing Rules
Proposed orders may not be submitted through the court's electronic filing portal.
The Court does not accept Orders through the Court’s e-filing portal.
Page 1 | Procedures for Submitting Orders
An agreed or unopposed proposed order must be submitted by email in Word format.
Agreed/Unopposed Orders are to be submitted to swaldron@circuit5.org (in Word format) with a copy of the motion and a notation that the proposed Order is agreed or unopposed, and accompanied by a cover letter indicating that opposing counsel has approved the form of the order.
Page 1 | Procedures for Submitting Orders
A proposed order must be submitted by either U.S. mail or email, but not both methods.
Orders should not be sent via US Mail AND by e-mail. Please use one or the other, but not both.
Page 2 | Procedures for Submitting Orders
If any party is served by U.S. mail, the proposed order must be submitted in hard copy to chambers with sufficient copies and stamped, addressed envelopes for parties not receiving electronic service.
If any party receives service by U.S. Mail, then proposed orders should be submitted in hard copy to Chambers (Marion County Judicial Center, 110 NW 1st Avenue, Ocala, FL 34475), with sufficient copies and stamped, addressed envelopes for all parties not receiving e-service.
Page 2 | Procedures for Submitting Orders
When all parties receive electronic service, the proposed order should be emailed in Word format to swaldron@circuit5.org.
If all parties receive e-service, proposed orders should be submitted in Word format via email to swaldron@circuit5.org.
Page 2 | Procedures for Submitting Orders
Filing Timing and Cure Windows
When opposing counsel objects and intends to submit a competing order, the proposed order must be submitted immediately.
If opposing counsel objects and intends to present a competing order, the proposed order must be submitted immediately, in Word format, with a notation in the email that it is a competing order.
Page 1 | Procedures for Submitting Orders
Case law and exhibits must be emailed to swaldron@circuit5.org at least five business days before the hearing.
If you have case law or exhibits to provide, please send them to swaldron@circuit5.org, at least 5 business days prior to the hearing, to allow time for the Court’s review prior to the hearing.
Page 2 | Submission of Hearing Materials
A hearing must be requested immediately upon filing an objection, and failure to set the objection for immediate hearing constitutes abandonment of the examination request.
A hearing must be immediately requested on any objection filed. Failure to set the objection for immediate hearing will be deemed an “Abandonment of the Request” under the rules.
Page 1 | Request for, Objections to and Hearings on
Objections to a compulsory examination must be filed within 30 days of the written request, assuming process was served at least 15 days before service of the request.
Objections to “Examination of Persons” under Fla. R. Civ. P. 1.360(a)(1)(A) must be filed no later than 30 days from the written request assuming service of process has occurred at least 15 days prior to the request being served.
Page 1 | Request for, Objections to and Hearings on
A motion for summary judgment may be filed after 20 days from commencement of the action, and service must occur at least 40 days before the hearing.
Filing and Service Filing shall be any time Filing shall be any time of Motions for after the expiration of 20 after the expiration of 20 days from the days from the Summary commencement of the commencement of the Judgment action action Service at least 40 days Service at least 40 days before the time fixed for before the time fixed for the hearing the hearing
Page 2 | DIFFERENTIATED CIVIL CASE MANAGEMENT ORDER
Within 120 days after the case is filed, the Court will issue its civil case-management and motion-practice orders unless the parties submit the specified stipulated orders.
Within 120 days of the filing of the case, the Court will issue a Differentiated Civil Case Management Order and Order Establishing Motion Practice Procedures OR the parties may file a Stipulated Civil Case Management Order and a proposed Order Approving Stipulated Civil Case Management Order.
Page 1 | Case Management
As a recommended practice, the written examination request should be submitted no later than 70 days before the pretrial date.
If examinations under these rules are requested such written request should be made no later than 70 days before the pretrial date to allow time for objections, hearings on same and an opportunity to reset the examination.
Page 1 | Request for, Objections to and Hearings on
Service and Proof of Service Rules
Service of a motion for summary judgment must be completed at least 40 days before the scheduled hearing.
Service at least 40 days Service at least 40 days before the time fixed for before the time fixed for the hearing the hearing
Page 2 | DIFFERENTIATED CIVIL CASE MANAGEMENT ORDER
Service of the document is by e-service or U.S. mail.
I CERTIFY that a true copy hereof has been furnished by e-service or U.S. Mail to the following, on ______________, 202X.
Page 3 | Certificate of Service
Service may be made through the Florida Courts E-portal to all listed parties or by U.S. mail.
I CERTIFY that a true copy hereof has been filed with the Florida Courts E-portal, which will furnished a copy to all parties listed for service therein, or by U.S. Mail, on _______________________, 202X.
Page 1 | CERTIFICATE OF SERVICE
Filing Bundling Requirements
Litigants should not send binders or notebooks containing copies of pleadings already in the court file.
In general, the Court prefers not to receive binders or notebooks with copies of all pleadings in the court file. There is no need to waste time and resources sending copies of anything that is already in the court file.
Page 2 | Submission of Hearing Materials
Adjournment & Extension Requirements
A party seeking to extend an individual case-management deadline that may affect a later deadline in the Order must request an amendment of the Order instead of filing a motion to extend the individual deadline.
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
Procrastination in completing discovery and counsel unavailability do not constitute good cause to change the 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
Chambers Communication Rules
Opposing counsel must be consulted when scheduling a hearing, and a hearing may not be scheduled unilaterally.
Hearings must be coordinated with opposing counsel and may not be unilaterally set.
Page 1 | Procedures for Setting Hearings
Hearing time may be requested by emailing Judicial Assistant Stacey Waldron at swaldron@circuit5.org.
Hearings may be scheduled by emailing Judicial Assistant, Stacey Waldron, at swaldron@circuit5.org for available hearing time.
Page 1 | Procedures for Setting Hearings
A hearing-request email must include the case number and style, the motion and filing date with a filed-motion copy, the requested duration, meet-and-confer confirmation, and names of appearing counsel.
In the email, please provide the following information: -Case number and style -Motion to be heard and date filed (with a copy of the filed motion) -Amount of time requested -“Meet and Confer” confirmation - Names of counsel that will appear
Page 1 | Procedures for Setting Hearings
Once hearing time is confirmed, a copy of the Notice of Hearing must be emailed to the judge's office.
Once hearing time is confirmed, a Notice of Hearing must be filed with the Clerk of Court and a copy forwarded via email to the Judge’s office.
Page 1 | Procedures for Setting Hearings
The public must not call the Court or expect to discuss a pending case with a judge.
*NOTICE TO THE PUBLIC:* The Code of Judicial Conduct governing behavior by judges forbids the Judges of the Fifth Judicial Circuit to discuss pending cases with the public. Please do not call the Court expecting to speak with a Judge about any case.
Page 1 | NOTICE TO THE PUBLIC