Judge Robert W. Hodges
Individual Rules, Standing Orders & Policies
Limits & Logistics
Document Limits
Courtesy Copies
Exhibits
Proposed Order
- Chambers Drop Off
Communication
Chambers
Phone
Chambers
Page & Word Limits1 rule
Absent the Court's prior permission, a legal memorandum may not exceed 15 pages.
7. 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 Requirements4 rules
Agreed or unopposed proposed orders must be submitted in Word format.
Agreed/Unopposed Orders are to be submitted to cmatthews@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.
A competing proposed order must be submitted in Word format immediately after opposing counsel indicates an intent to present a competing order.
If Page 1 of 2 ===== PAGE 2 ===== 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.
DOCX
Applications and argument must be written in the standing order's and Florida Rules' appropriate form and ordinarily may not be presented as letters.
9. 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.
Document Filing Requirements9 rules
A moving party must file and serve a supporting legal memorandum with citations to authority with any written motion or application, although the memorandum may be incorporated into a clearly titled motion.
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
Motion
Before filing the specified discovery motions, counsel must confer and correspond in good faith, certify at filing that the dispute remains unresolved, and attach the related correspondence.
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.
Document Type
Discovery Motion
Each party must submit a proposed order to the Court.
13. Proposed Orders. EACH PARTY SHALL SUBMIT A PROPOSED ORDER TO THE COURT.
Document Type
Proposed Order
Agreed or unopposed proposed orders must be emailed to the judicial assistant in Word format with the motion, an agreed-or-unopposed notation, and a cover letter confirming opposing counsel's approval of the order's form.
Agreed/Unopposed Orders are to be submitted to cmatthews@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
A proposed order may not be sent to the court until opposing counsel has approved it.
Please do not send proposed orders to the court until you have approval from opposing counsel.
Document Type
Proposed Order
The Certificate of Services must be complete and list all counsel of record and parties.
Please be sure that the Certificate of Services is complete, listing all Counsel of Record and parties.
Document Type
Proposed Order
When opposing counsel will present a competing order, the proposed order must be submitted immediately in Word format with an email identifying it as a competing order.
If Page 1 of 2 ===== PAGE 2 ===== 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 written request for oral argument must accompany the motion or opposing legal memorandum and estimate the time needed for argument.
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.
Document Type
Oral Argument Request
Every signer filing a pleading, motion, or other document represents that the document was read, has good grounds, is not filed for delay, and contains existing and accurately cited legal authorities, regardless of whether artificial intelligence tools were used; sanctions may follow an inconsistent filing.
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. These responsibilities apply regardless of whether artificial intelligence tools were used. Sanctions may be imposed for any filing inconsistent with these representations.
Document Type
Pleading Motion Or Other Document
Filing & Service rules
Filing Timing and Cure Windows
When further argument is needed after receiving an opposition memorandum, counsel must file a reply within five days of receipt.
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.
Page 2 | Replies
A party opposing a written motion or application must file and serve an opposition memorandum with citations within twenty days after service, subject to the stated default consequences for no timely response.
Each party opposing any written motion or other application shall file and serve, within twenty (20) days after ===== PAGE 2 ===== being served with such motion or application, a legal memorandum with citations to authority in opposition to the relief requested.
Page 2 | Timely opposing memoranda
An in limine motion must be filed no later than 15 days before the trial term begins, or the Court may deny it as untimely.
All motions in limine must be filed no later than 15 days before the start of the trial term or the Court may deny the motion as being untimely.
Page 4 | 11. In limine motions
Objections to an examination of persons must be filed within 30 days of the written request, provided service of process occurred 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
Complaint service is due within 120 days after the complaint is filed.
Service of Within 120 days of Within 120 days of Complaints filing of the complaint
Page 1 | Deadlines
Alternative dispute resolution must be completed within 450 days after the complaint is filed in a general case.
Completion of Alternative Dispute Resolution Within 450 days after the complaint is filed
Page 2 | Deadlines
Fact and expert discovery must be completed within 450 days after the complaint is filed in a general case.
Completion of Fact and Expert Discovery Within 450 days after the complaint is filed
Page 2 | Deadlines
All objections to pleadings must be resolved within 45 days after filing.
filing Within 45 days of filing All Objections to pleadings Filing
Page 2 | Deadlines
Fact and expert discovery must be completed within 270 days after the complaint is filed in a streamlined case.
Completion of Fact and Expert Discovery Within 270 days after the complaint is filed
Page 2 | Deadlines
A motion for summary judgment may be filed after 20 days have elapsed from commencement of the action.
Filing and Service of Motions for Summary Judgment Filing shall be any time after the expiration of 20 days from the commencement of the action
Page 2 | Deadlines
Trial is scheduled within 12 months in a streamlined case.
Trial 12 Months
Page 2 | Deadlines
If an extension for service is granted, new parties may be added within 240 days from the date the complaint was filed.
If extension for service granted, then within 240 days from the date of filing complaint
Page 2 | Deadlines
An objection to case differentiation must be filed within 30 days.
Objection to Case Within 30 days
Page 2 | Deadlines
All pretrial motions must be filed and resolved before the pretrial conference.
Filing and Resolution of all pre-trial motions Prior to pre-trial conference
Page 2 | Deadlines
Alternative dispute resolution must be completed within 270 days after the complaint is filed in a streamlined case.
Completion of Alternative Dispute Resolution Within 270 days after the complaint is filed
Page 2 | Deadlines
Trial is scheduled within 18 months in a general case.
Trial 18 months
Page 2 | Deadlines
A written request for an examination under the stated rules should be made 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
A motion for summary judgment must be served at least 40 days before the hearing.
Service at least 40 days before the time fixed for the hearing
Page 2 | Deadlines
Courtesy Copy Requirements
If sufficient copies and stamped addressed envelopes are not provided, the moving party must distribute conformed copies of the order to all parties.
Should copies and stamped addressed envelopes not be provided, the moving party will be responsible for distribution of the conformed copies of the order to all parties.
Page 2 | Procedures for Submitting Orders
Voluminous hearing materials may be sent by U.S. mail or express mail to chambers.
If the documents are voluminous, please send them by U.S. or express mail to Chambers.
Page 2 | Submission of Hearing Materials
If any party is served by U.S. mail, proposed orders 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 N.W. First Avenue, Ocala, FL 34475), with sufficient copies and stamped addressed envelopes for all parties not receiving e-service.
Page 2 | Procedures for Submitting Orders
Filing Bundling Requirements
The court generally prefers that parties 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.
Page 2 | Submission of Hearing Materials
Pre-Motion Conference Requirements
Before filing a discovery-dispute motion, attorneys are expected to attempt to resolve the dispute without court intervention.
Prior to filing a motion related to a discovery dispute, the court expects the attorneys to attempt to resolve the issue(s) without the court's intervention.
Page 2 | Discovery Motion Procedures
Adjournment & Extension Requirements
If an extension for service is granted, service must be completed within 240 days from the date the complaint was filed.
If extension for service granted, then within 240 days from the date of filing of complaint
Page 1 | Deadlines
The court will strictly enforce all deadlines in the case management order, including actual and projected trial periods, unless changed by court order under Florida Rule of Civil Procedure 1.200(e).
The deadlines established in this case management order, including actual and projected trial periods, shall be strictly enforced by the Court unless changed by court order pursuant to Florida Rules of Civil Procedure 1.200(e).
Page 2 | Differentiated Civil Case Management Order
When an individual case-management deadline extension could affect a later deadline in the order, parties must seek 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 | Enforcement and Extensions of Deadlines
Parties may extend a deadline by submitting an agreed order, provided the extension does not impair compliance with the remaining case 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
Page 2 | Differentiated Civil Case Management Order
Chambers Communication Rules
After hearing time is confirmed, a Notice of Hearing must be filed with the clerk and 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
For a virtual hearing, case law and exhibits must be emailed to the judicial assistant at least five business days before the hearing.
If the hearing is virtual, please send them to cmatthews@circuit5.org at least five (5) business days in advance of the hearing, to allow time for the Court's review prior to the hearing.
Page 2 | Submission of Hearing Materials
If no case-management-conference notice is received within two weeks after filing a Motion for Case Management Conference or Notice for Trial, contact the court by email to inquire about the filing.
Upon the filing of a Motion for Case Management Conference or Notice for Trial, it is not necessary to contact the court for a hearing. The court will set a hearing on the next available day reserved for case management conferences and will provide notice to the parties. If you do not receive a notice of case management conference within two (2) weeks of filing a Motion for Case Management Conference or Notice for Trial, please contact the court at cmatthews@circuit5.org to inquire about the motion or notice.
Page 1 | CASE MANAGEMENT CONFERENCES
Parties must not call the Court seeking to discuss a pending case with the judge.
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
Hearing scheduling must be coordinated with opposing counsel and may not be done unilaterally.
Hearings must be coordinated with opposing counsel and may not be unilaterally set.
Page 1 | Procedures for Setting Hearings
When all parties receive electronic service, proposed orders should be emailed to the judicial assistant in Word format.
If all parties receive e-service, proposed orders should be submitted in Word format via email to cmatthews@circuit5.org.
Page 2 | Procedures for Submitting Orders
Orders must be submitted either by U.S. mail or by email, not by both methods.
Orders should not be sent via U.S. Mail and by email. Please use one or the other, but not both.
Page 2 | Procedures for Submitting Orders
Hearing time may be requested by emailing Judicial Assistant Carolyn Matthews at the listed email address.
Hearings may be scheduled by emailing Judicial Assistant, Carolyn Matthews, at cmatthews@circuit5.org for available hearing time.
Page 1 | Procedures for Setting Hearings