Florida 5 Judicial Circuit (Citrus, Hernando, Lake, Marion, Sumter) Document Filing Requirements

Applies to

Proposed order email submission

The proposed-order email must identify the case name and number and state whether opposing counsel was consulted and whether the parties agreed.

The email must include case name, case number, whether opposing counsel was consulted and whether there is or is not an agreement.

Applies to

Proposed order

Must include

certificate of service

Every proposed order must include a Rule 2.516 certificate of service for all parties.

All proposed orders shall include a certificate of service on all parties in compliance with Florida Rule of General Practice and Judicial Administration 2.516.

Applies to

Certificate of service

The proposed-order certificate of service must list all parties and their contact information.

All parties shall then be listed with contact information.

Applies to

Proposed order

Must include

caption

A proposed order's caption must identify the Fifth Judicial Circuit and Marion County.

Please double-check your proposed orders to ensure the caption includes the correct circuit (Fifth Judicial Circuit) and county (Marion County).

Applies to

Hearing request

When the client is incarcerated, the hearing request must state whether the defendant should be transported or may appear by video link.

If your client is incarcerated, you must include whether you want the Defendant TRANSPORTED or whether he/she can appear by video link.

Applies to

Hearing request

A hearing request must identify opposing counsel.

You MUST include opposing counsel

Applies to

Hearing request

A hearing request must include the case number.

You MUST include CASE NUMBER

Applies to

Hearing request

A hearing request must state the amount of time needed.

You must include the amount of time needed: ex. Negotiated Change of Plea: 10 minutes; Motion to Suppress: 1 hour (or however long is needed).

Applies to

Notice of hearing

After the office confirms the hearing date and time, the requesting party must file a Notice of Hearing.

Once date/time is confirmed by our office, party requesting hearing shall file Notice of Hearing.

Applies to

Notice of hearing

The requesting party must prepare and file a Notice of Hearing.

It is YOUR responsibility to do a Notice of Hearing.

Applies to

Notice of cancellation

When a Notice of Hearing has already been filed, the party must prepare and file a Notice of Cancellation and notify the other parties.

2. If a Notice of Hearing has been filed, you must prepare a Notice of Cancellation and file it with the Clerk’s office and notify the other parties.

Applies to

Amended notice of hearing or trial

The requesting party must prepare an amended notice after the continuance date is coordinated.

6. You must prepare an Amended Notice of Hearing or Trial.

Applies to

Proposed order

A proposed order must include the underlying motion and a cover letter identifying the related hearing and whether all parties agree to the order.

Proposed orders must include a copy of the motion, a cover letter that identifies the hearing it relates to and whether the order is agreed-upon by all parties.

Applies to

Proposed order

Must include

certificate of service

Every proposed order must include a certificate of service complying with Florida Rule of General Practice and Procedure 2.516.

ALL PROPOSED ORDERS shall include a certificate of service in compliance with Florida Rule of General Practice and Procedure 2.516.

Applies to

Proposed order

Must include

certificate of service

The proposed order’s certificate of service must state substantially that a true and correct copy was provided electronically and/or by U.S. mail to the listed parties.

The certificate of service shall contain language substantially similar to the following: “I HEREBY CERTIFY that a true and correct copy of the foregoing has been provided through electronic service and/or regular U.S. mail to the following parties.”

Applies to

Proposed order

Must include

caption

The proposed order caption must identify the Fifth Judicial Circuit and Lake County.

Please double-check your orders to ensure the caption includes the correct circuit (Fifth Judicial Circuit) and county (Lake County).

Applies to

Proposed order

When a self-represented litigant does not participate in e-portal electronic service, the proposed order must provide for U.S. mail service and a filed notice certifying service within five days after the order is entered.

In cases involving a self-represented litigant who is not participating in electronic service through the e-filing portal, the proposed order must include language that the represented party will serve the order through regular U.S. mail on the self-represented party and certify said service through a filed notice of service within five (5) days of the entry of the order.

Applies to

Order

Must include

certificate of service

Every order must include a certificate of service.

EVERY ORDER SHALL INCLUDE A CERTIFICATE OF SERVICE

Applies to

Proposed order

Must include

certificate of service

Every proposed-order submission must include a certificate of service.

Your order submission must have a certificate of service.

Applies to

Proposed order

A proposed order may be submitted before a scheduled hearing only if the specific hearing date and time are referenced.

Proposed orders may only be submitted in advance of scheduled hearings if the hearing date and time is specifically referenced.

Applies to

Hearing request

Must include

case number

A hearing request must include the case number, total requested hearing time, and motion to be heard.

Please be sure to include your case number, the total amount of time being requested by all parties as well as the motion that is to be heard.

Applies to

Notice of hearing

Must include

case number

A notice of hearing must include the docket number for each motion to be heard.

When preparing your notice of hearing, please include the docket number for the motion(s) that will be heard.

Applies to

Notice of cancellation

If a notice of hearing was filed, prepare a notice of cancellation, file it with the clerk, and notify the other parties.

If a Notice of Hearing has been filed, you must prepare a Notice of Cancellation and file it with the Clerk’s office and notify the other parties.

Applies to

Amended notice of hearing or trial

A continuance requires preparation of an amended notice of hearing or trial.

You must prepare an Amended Notice of Hearing or Trial.

Applies to

Proposed order

A proposed order must include the related motion and a cover letter identifying the hearing and whether all parties agree to the order.

Proposed orders must include a copy of the motion, a cover letter that identifies the hearing it relates to and whether the order is agreed-upon by all parties.

Applies to

Proposed order

Must include

certificate of service

Every proposed order must include a certificate of service complying with Florida Rule of General Practice and Procedure 2.516.

ALL PROPOSED ORDERS shall include a certificate of service in compliance with Florida Rule of General Practice and Procedure 2.516.

Applies to

Certificate of service

Must include

certificate of service

The certificate of service must substantially contain the quoted certification language and list the parties.

The certificate of service shall contain language substantially similar to the following: “I HEREBY CERTIFY that a true and correct copy of the foregoing has been provided through electronic service and/or regular U.S. mail to the following parties.”

Applies to

Proposed order

Must include

caption

The proposed order caption must identify the Fifth Judicial Circuit and Lake County.

Please double-check your orders to ensure the caption includes the correct circuit (Fifth Judicial Circuit) and county (Lake County).

Applies to

Proposed order

A civil proposed order must be submitted with a cover letter explaining its basis and disclosing any objections.

Proposed Orders must be submitted with a cover letter setting forth the purpose of the Order, i.e. pursuant to hearing/settlement agreement/etc., as well as a statement informing the Court as to any objections to the contents of the proposed Order.

Applies to

Proposed order

Must include

case number

The case number must appear in the filenames of both the proposed order and its cover letter.

The case number must be included in the name of the proposed Order and cover letter (ie. 2015 CA 000001.Order and 2015 CA 00001.letter.)

Applies to

Proposed order

Must include

certificate of service

When self-represented parties or parties not served through the e-filing portal are involved, the proposed order must require first-class mailed delivery within five days after e-service and filing of an attorney-signed certificate of delivery.

It is further ORDERED that within 5 days from the date of e-service of this Order, the attorney submitting this Order shall furnish a copy of this Order to each self-represented party by U.S. Mail, first class, postage paid; and, file a certificate signed by that attorney that delivery of this Order has been made as set forth herein.

Applies to

Proposed order

Must include

certificate of service, notice of electronic filing

The proposed-order certificate of service must state that the document was electronically filed and served that day through the Florida Courts E-Filing Portal.

I HEREBY CERTIFY that on this ____ day of _____________, 20__, I electronically filed the foregoing document with the Clerk of Court using the Florida Courts E-Filing Portal. I also certify that the foregoing document is being served this day on all counsel of record and interested parties, via transmission generated by the Florida Courts E-Filing Portal.

Applies to

Proposed order

A civil proposed order must be ready for immediate entry, and opposing counsel or the party should approve it before submission.

We DO NOT ACCEPT Orders via email that are not ready for immediate entry (i.e. allow 5 days to object, etc.). You should obtain approval of opposing counsel or party of the proposed Order prior to your submission to the Judge for entry.

Applies to

Proposed order submission

A probate submission must include a portal-stamped copy of the completed applicable checklist.

A Portal Stamped Submission Copy of the completed corresponding Checklist

Applies to

Proposed order submission

A probate proposed-order submission must include a portal-stamped copy of the motion or petition.

A Portal Stamped Submission Copy of the Motion or Petition

Applies to

Proposed order

Must include

proposed order, certificate of service

A probate proposed-order submission must include the proposed order and a certificate of service.

Proposed Order with a certificate of service

Applies to

Privilege log

A privilege log must cover documents, electronically stored information, things, and oral communications withheld under privilege or work-product protection, except post-commencement attorney communications and post-commencement work product.

The assertion of privilege requires preparation of a privilege log with respect to all documents, electronically stored information, things and oral communications withheld on the basis of a claim of privilege or work product protection except the following: written and oral communications between a party and its counsel after commencement of the action and work product material created after commencement of the action.

Applies to

Motion to compel

A motion to compel discovery must fully quote each discovery item at issue, immediately follow it with the opposing party's complete objection and grounds or the response asserted to be insufficient, and, when relying on an insufficient response, state why the motion should be granted.

A Motion to Compel Discovery pursuant to Rule 1.380, Fla.R.Civ.P., or Rule 12.380, Fla.Fam.R.P., shall include quotation in full of each interrogatory, question on deposition, request for admission, or request for production to which the motion is addressed; each of which shall be followed immediately by quotation in full of the objection and grounds therefor as stated by the opposing party; or the answer or response which is asserted to be insufficient, immediately followed by a statement of the reason the motion should be granted.

Applies to

Motion to compel response

An opposing party responding to a motion to compel discovery must provide the information and quoted material in the same manner.

The opposing party shall then respond in a similar fashion.

Applies to

Privilege objection

A discovery objection withholding a complete answer based on privilege must provide the required identification and privilege information unless disclosure would reveal the privileged information.

Where a claim of privilege is asserted in objecting to any discovery request and a complete answer is not provided on the basis of such assertion:

Applies to

Pretrial conference and trial appearance

A personal appearance is mandatory for pre-trial conferences and trials rather than telephonic appearance.

Personal appearances are required for Pre-Trial Conferences and Trials.

Applies to

Motion in limine memorandum

After conferring, filing counsel must submit a memorandum identifying unresolved motion-in-limine issues and presenting arguments and supporting case law for each disputed issue.

After the meet and confer requirement has been satisfied, counsel filing the Motion(s) in Limine shall submit to the Court a written memorandum of law, with supporting case law: a. Identifying each item in the Motion(s) in Limine that has not been agreed to by opposing counsel at the meet and confer; and b. Setting forth any arguments and case law in support of the disputed Motion(s) in Limine.

Applies to

Motion in limine

Must include

proposed order

The filing party must prepare a proposed order reflecting the court's rulings after any contested motion-in-limine hearing.

The party filing the Motion in Limine will prepare the proposed order on any contested hearing reflecting the Court’s rulings.

Applies to

Order of continuance

The moving party must provide an Order of Continuance whenever the court grants a continuance.

If a continuance is granted, the moving party shall provide an Order of Continuance to the Court.

Applies to

Notice of cancellation

After court approval of a hearing cancellation, the requesting party must be asked to prepare and file a notice of cancellation.

If the Court approves the hearing being cancelled, you will be asked to prepare and file a notice of cancellation.

Applies to

Hearing request

The motion to be heard must be filed, and a copy must accompany the hearing request.

The Motion to be heard MUST be filed and a copy included with the request for hearing.

Applies to

Notice of hearing

Once the court confirms the hearing date and time, the requesting party must file a Notice of Hearing.

Once date/time is confirmed by our office, party requesting hearing shall file Notice of Hearing.

Applies to

Notice of hearing

Must include

case number

The Notice of Hearing must include the docket number of the motion scheduled for hearing.

When preparing your Notice of Hearing, please include the docket number of the motion that will be heard.

Applies to

Proposed order

A proposed-order submission must include a copy of the motion and a cover letter identifying the related hearing and whether all parties agree to the order.

Proposed orders must include a copy of the motion, a cover letter that identifies the hearing it relates to and whether the order is agreed-upon by all parties.

Applies to

Proposed order

A proposed order may be submitted before its hearing only when the submission specifically references the hearing date and time.

Proposed orders may only be submitted in advance of scheduled hearings if the hearing date and time is specifically referenced.

Applies to

Proposed order

Must include

certificate of service

Every proposed order must include a Rule 2.516 certificate of service containing substantially the prescribed language and listing the served parties.

ALL PROPOSED ORDERS shall include a certificate of service in compliance with Florida Rule of General Practice and Procedure 2.516. The certificate of service shall contain language substantially similar to the following: “I HEREBY CERTIFY that a true and correct copy of the foregoing has been provided through electronic service and/or regular U.S. mail to the following parties.” The parties shall then be listed.

Applies to

Proposed order

When a self-represented litigant does not participate in portal electronic service, the proposed order must direct regular-mail service and certification by a filed notice within five days after entry of the order.

In cases involving a self-represented litigant who is not participating in electronic service through the e-filing portal, the proposed order must include language that the represented party will serve the order through regular U.S. mail on the self-represented party and certify said service through a filed notice of service within five (5) days of the entry of the order.

Applies to

Daubert hearing submission

If the Daubert dispute remains unresolved, the attorneys must provide the court with specified information about the experts, opinions, methods, and hearing-time estimates.

If the matter is not resolved at the meet and confer, the attorneys will discuss and provide to the Court the following:

Applies to

Daubert hearing witness list

Each party must provide opposing counsel and the court with the Daubert hearing witness list, expected testimony summaries, and relevance to the pending issue.

Each party shall provide the opposing counsel and the Court a list of any witnesses to be called at the Daubert hearing and a short summary of their expected testimony and relevance to the issue before the Court.

Applies to

Proposed order

Must include

proposed order

The proposed order may contain only the findings and ruling announced by the court.

The proposed orders must contain only the findings and ruling of the Court as announced.

Applies to

Order

Must include

certificate of service

Every order must include a complete certificate of service.

All orders must include a complete Certificate of Service.

Applies to

Motion

Must include

certificate of conference

Every nondispositive motion must contain a certificate that a good-faith effort was made to resolve the dispute before filing.

All motions (other than dispositive motions) shall contain a certificate that a good faith effort has been made to resolve the dispute prior to filing the motion.

Applies to

Legal memorandum

A legal memorandum is generally required for written motions except the listed exceptions, and the motion must be titled “Motion to/for ______ and Memorandum of Law.”

Legal Memorandum: Required for all written motions except continuance, discovery related, defaults, extension of time, or substitution/withdrawal of counsel. The Motion shall be titled “Motion to/for ______ and Memorandum of Law”.

Applies to

Discovery motion

A motion challenging discovery must identify the challenged interrogatory, question, or request; state the grounds for objection; and cite legal authority for the movant’s position.

Motions related to the content of discovery shall include the interrogatory, question or request being challenged, the grounds for the objection, and the legal authority for the position taken by the movant.

Applies to

Motion

A written request for a hearing must accompany the motion and include an estimate of the time needed for argument.

The request for a hearing must accompany the motion and must estimate the time required for argument.

Applies to

Proposed order

When the parties stipulate to a remote appearance, they must submit a proposed order.

if the parties stipulate to the remote appearance send in a proposed order.

Applies to

Motion

If the opposing side objects to a remote appearance, a motion must be filed and set for hearing.

If the other side objects to a remote appearance, file a motion and set it for hearing.

Applies to

Proposed order

Must include

certificate of service

Every proposed order must include a complete certificate of service.

Proposed orders should be submitted no more than 24 hours prior to the hearing and within five (5) days after the hearing is held and shall include a complete certificate of service.

Applies to

Discovery motion

A discovery-content motion must identify the challenged interrogatory, question, or request, state the grounds for objection, and cite supporting legal authority.

e. Discovery: Motions related to the content of discovery shall include the interrogatory, question or request being challenged, the grounds for the objection, and the legal authority for the position taken by the movant.

Applies to

Motion

A legal memorandum and the prescribed motion title are required for written motions, subject to stated exceptions.

c. Legal Memorandum: Required for all written motions except continuance, discovery related, defaults, extension of time, or substitution/withdrawal of counsel. The Motion shall be titled “Motion to/for ______ and Memorandum of Law”.

Applies to

Response

A response must include a legal memorandum.

Opposing party shall have ten (10) days from receipt of a motion to file a response (along with legal memorandum).

Applies to

Motion

A requested hearing must be included with the motion and specify the time needed for argument.

The request for a hearing must accompany the motion and must estimate the time required for argument.

Applies to

Proposed order

Must include

proposed order

When the parties stipulate to a remote appearance, they must submit a proposed order.

In a nutshell, if the parties stipulate to the remote appearance send in a proposed order.

Applies to

Motion

If the opposing side objects to a remote appearance, a party must file a motion and set it for hearing.

If the other side objects to a remote appearance, file a motion and set it for hearing.

Applies to

Proposed order

Must include

certificate of service

Every proposed order must include a complete certificate of service.

Proposed orders should be submitted no more than 24 hours prior to the hearing and within five (5) days after the hearing is held and shall include a complete certificate of service.

Applies to

Pretrial memorandum

Must include

caption, judge name, 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.

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.

Applies to

Pleading

Must include

ai disclosure

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.**

Applies to

Pretrial submissions

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:

Applies to

Exhibit schedule

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.

Applies to

Witness list

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.

Applies to

Preliminary ruling motion

Must include

local rule certificate, certificate of conference

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.

Applies to

Jury instructions

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.

Applies to

Jury instructions

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.

Applies to

Statement of the case

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.

Applies to

Motion

Must include

certificate of service

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.

Applies to

Motion

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.

Applies to

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.

Applies to

Proposed order

Must include

proposed order

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.

Applies to

Motion

Must include

certificate of conference

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:

Applies to

Notice of hearing

Must include

local rule certificate

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).

Applies to

Certificate

Must include

local rule certificate

The filing must include a certificate of compliance using the applicable first or second option.

CERTIFICATE OF COMPLIANCE

Applies to

Proposed order

Must include

proposed order

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)).

Applies to

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:

Applies to

Notice of remote proceeding

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.

Applies to

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.

Applies to

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

Applies to

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.

Applies to

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.

Applies to

Motion

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.

Applies to

Motion or application

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.

Applies to

Opposition brief

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.

Applies to

Written notice of no objection

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.

Applies to

Reply 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.

Applies to

Discovery motion

Must include

certificate of conference

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.

Applies to

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

Applies to

Emergency 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.

Applies to

Request for relief

Must include

proposed order

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.

Applies to

Pleading

Must include

ai disclosure

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.**

Applies to

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.

Applies to

Certificate

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.

Applies to

Pleading

Must include

ai disclosure

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.

Applies to

Written statement

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:

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.

Applies to

Transport order

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.

Applies to

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.

Applies to

Completion and status report

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.

Applies to

Notice of hearing

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.

Applies to

Proposed order

Must include

certificate of service

All proposed orders must include a proper certificate of service.

Additionally, review and comply with proper certificate of service for all proposed orders.

Applies to

Stipulated motion in limine

Must include

proposed order

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.

Applies to

Stipulated motion in limine

Must include

certificate of conference

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.

Applies to

Contested motion in limine

Must include

proposed order, certificate of conference

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.

Applies to

Pleading

Must include

proposed order

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.

Applies to

Original document

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.

Applies to

Motion practice motion

Must include

proposed order

Every motion-practice motion must be accompanied by a proposed order.

Proposed orders must be submitted with all motion practice motions.

Applies to

Proposed order

Must include

certificate of service

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.

Applies to

Agreed 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.

Applies to

Pleading or motion

Must include

ai disclosure

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.

Applies to

Written motion or application

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.

Applies to

Opposition memorandum

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.

Applies to

Reply brief

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.

Applies to

Proposed order

Must include

proposed order

Each party must submit a proposed order to the court.

18. Proposed Orders. Each party shall submit a proposed order to the Court.

Applies to

Motion

Must include

certificate of conference

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.

Applies to

Pleadings and motions

Must include

ai disclosure

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.

Applies to

Filing

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.

Applies to

Motion

Must include

proposed order

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.

Applies to

Notice of hearing

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.

Applies to

Updated financial affidavit

Both parties must submit updated financial affidavits before trial.

Both parties must have submitted updated Financial Affidavits.

Applies to

Hearing request

A hearing request must be copied to all parties and state the case number, county, motion name, and requested duration.

The e-mail should be copied to all other parties in the action and include the case number, county where the case is pending, the name of the motion to be heard, and the total length of time requested.

Applies to

Notice of hearing

The Notice of Hearing must identify the parties, case number, motions, filing and docket information, reserved time, and hearing location or Zoom information.

The Notice of Hearing should include the following: the parties name, case number, the name, filing date, and docket number for each motion to be heard, the amount of time reserved, and lastly the Courtroom location (Courtroom D (subject to change)) and/or the Zoom information (provided during scheduling).

Applies to

Motion

If the parties cannot agree on a hearing date, the moving party must file a motion documenting the parties’ interactions and proposed dates and copy opposing counsel.

In cases where the parties are unable to obtain agreement as to when a motion should be heard, the moving party shall file a motion, copied to opposing counsel, memorializing the interactions of the parties and the previously relayed dates and times proposed.

Applies to

Zoom request

A Zoom-link request must be emailed to the judicial assistant with the party name, case number, reason, and proceeding date.

To request a Zoom link, email the Judicial Assistant at etorres@circuit5.org with the party’s name and case number, the reason for the request, and the date of the proceeding.

Applies to

Notice of cancellation

When a Notice of Hearing has been filed, a Notice of Cancellation must be filed with the clerk and the other parties must be notified.

If a Notice of Hearing has been filed, you must prepare a Notice of Cancellation and file it with the Clerk’s office and notify the other parties.

Applies to

Amended order setting trial

A party continuing a hearing or trial must prepare an Amended Order Setting Trial.

You must prepare an Amended Order Setting Trial.

Applies to

Evidence

Evidence for a virtual hearing must be pre-marked by the Citrus County Clerk’s Office.

Virtual/Zoom hearings: All evidence must be pre-marked by the Citrus County Clerk’s Office.

Applies to

Proposed order

A proposed order must include the related motion and a cover letter identifying the hearing and whether all parties agree to the order.

Proposed orders must include a copy of the motion, a cover letter that identifies the hearing it relates to and whether the order is agreed-upon by all parties.

Applies to

Proposed order

Must include

certificate of service

Every proposed order must include a certificate of service complying with Florida Rule of General Practice and Procedure 2.516.

ALL PROPOSED ORDERS shall include a certificate of service in compliance with Florida Rule of General Practice and Procedure 2.516.

Applies to

Certificate of service

The proposed-order certificate of service must use language substantially similar to the court’s prescribed certification.

The certificate of service shall contain language substantially similar to the following:

Applies to

Proposed order

Must include

caption

The proposed-order caption must identify the Fifth Judicial Circuit and Citrus County.

Please double-check your orders to ensure the caption includes the correct circuit (Fifth Judicial Circuit) and county (Citrus County).

Applies to

Hearing request

A hearing request must be copied to all parties and state the case number, county, motion name, and requested duration.

The e-mail should be copied to all other parties in the action and include the case number, county where the case is pending, the name of the motion to be heard, and the total length of time requested.

Applies to

Notice of hearing

The Notice of Hearing must identify the parties, case number, motions, filing and docket information, reserved time, and hearing location or Zoom information.

The Notice of Hearing should include the following: the parties name, case number, the name, filing date, and docket number for each motion to be heard, the amount of time reserved, and lastly the Courtroom location (Courtroom D (subject to change)) and/or the Zoom information (provided during scheduling).

Applies to

Motion

If the parties cannot agree on a hearing date, the moving party must file a motion documenting the parties’ interactions and proposed dates and copy opposing counsel.

In cases where the parties are unable to obtain agreement as to when a motion should be heard, the moving party shall file a motion, copied to opposing counsel, memorializing the interactions of the parties and the previously relayed dates and times proposed.

Applies to

Zoom request

A Zoom-link request must be emailed to the judicial assistant with the party name, case number, reason, and proceeding date.

To request a Zoom link, email the Judicial Assistant at etorres@circuit5.org with the party’s name and case number, the reason for the request, and the date of the proceeding.

Applies to

Notice of cancellation

When a Notice of Hearing has been filed, a Notice of Cancellation must be filed with the clerk and the other parties must be notified.

If a Notice of Hearing has been filed, you must prepare a Notice of Cancellation and file it with the Clerk’s office and notify the other parties.

Applies to

Amended order setting trial

A party continuing a hearing or trial must prepare an Amended Order Setting Trial.

You must prepare an Amended Order Setting Trial.

Applies to

Evidence

Evidence for a virtual hearing must be pre-marked by the Citrus County Clerk’s Office.

Virtual/Zoom hearings: All evidence must be pre-marked by the Citrus County Clerk’s Office.

Applies to

Proposed order

A proposed order must include the related motion and a cover letter identifying the hearing and whether all parties agree to the order.

Proposed orders must include a copy of the motion, a cover letter that identifies the hearing it relates to and whether the order is agreed-upon by all parties.

Applies to

Proposed order

Must include

certificate of service

Every proposed order must include a certificate of service complying with Florida Rule of General Practice and Procedure 2.516.

ALL PROPOSED ORDERS shall include a certificate of service in compliance with Florida Rule of General Practice and Procedure 2.516.

Applies to

Certificate of service

The proposed-order certificate of service must use language substantially similar to the court’s prescribed certification.

The certificate of service shall contain language substantially similar to the following:

Applies to

Proposed order

Must include

caption

The proposed-order caption must identify the Fifth Judicial Circuit and Citrus County.

Please double-check your orders to ensure the caption includes the correct circuit (Fifth Judicial Circuit) and county (Citrus County).

Applies to

Updated financial affidavit

Both parties must submit updated financial affidavits before trial.

Both parties must have submitted updated Financial Affidavits.

Applies to

Notice of conflict

A Notice of Conflict must identify the conflicting case number and county and the judge presiding over the other 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.

Applies to

Motion

Must include

proposed order

A proposed order must automatically accompany the listed motions, including specified agreed, appointment, default, withdrawal, continuance, and other agreed motions, subject to the stated conditions.

A proposed order should automatically be submitted with the following motions: Agreed Motion for Extension of Time; Agreed Motion for Leave to Amend Complaint; Motion to Appoint Process Server; Agreed Motion to Appoint Guardian ad Litem; Motion to Appoint Attorney ad Litem; Motion for Default Final Judgment, if damages are liquidated; Motions to Withdrawal from Representation, if your client is consenting; Motions to Continue; or any other agreed motion between the parties.

Applies to

Proposed order

Must include

certificate of service

Every proposed order must include a certificate of service complying with Florida Rule of General Practice and Procedure 2.516.

All proposed orders shall include a certificate of service in compliance with Florida Rule of General Practice and Procedure 2.516.

Applies to

Proposed order

Must include

certificate of service

The proposed order’s certificate of service must use substantially similar language certifying that a true and correct copy was provided through electronic service and/or regular U.S. mail.

The certificate of service shall contain language substantially similar language to following: I HEREBY CERTIFY that a true and correct copy of the foregoing has been provided through electronic service and/or regular U.S. mail to the following parties.

Applies to

Notice of conflict

A Notice of Conflict must identify the conflicting case number and county and the judge presiding over the other 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.

Applies to

Motion

Must include

proposed order

A proposed order must automatically accompany the listed motions, including specified agreed, appointment, default, withdrawal, continuance, and other agreed motions, subject to the stated conditions.

A proposed order should automatically be submitted with the following motions: Agreed Motion for Extension of Time; Agreed Motion for Leave to Amend Complaint; Motion to Appoint Process Server; Agreed Motion to Appoint Guardian ad Litem; Motion to Appoint Attorney ad Litem; Motion for Default Final Judgment, if damages are liquidated; Motions to Withdrawal from Representation, if your client is consenting; Motions to Continue; or any other agreed motion between the parties.

Applies to

Proposed order

Must include

certificate of service

Every proposed order must include a certificate of service complying with Florida Rule of General Practice and Procedure 2.516.

All proposed orders shall include a certificate of service in compliance with Florida Rule of General Practice and Procedure 2.516.

Applies to

Proposed order

Must include

certificate of service

The proposed order’s certificate of service must use substantially similar language certifying that a true and correct copy was provided through electronic service and/or regular U.S. mail.

The certificate of service shall contain language substantially similar language to following: I HEREBY CERTIFY that a true and correct copy of the foregoing has been provided through electronic service and/or regular U.S. mail to the following parties.

Applies to

Motion

A motion must be filed before the court schedules it for hearing.

Prior to scheduling a motion for hearing, the motion sought to be heard MUST be filed.

Applies to

Routine motion

Must include

proposed order

Routine-motion orders, including discovery-compulsion and leave-to-amend orders, must be accompanied by a proposed order emailed to the Judicial Assistant.

Orders on routine motions including, but not limited to, motions to compel discovery and motions for leave to amend shall be accompanied by a proposed order which shall be submitted by e-mail to msoltis@circuit5.org for consideration by the Court.

Applies to

Proposed final judgment

A matter involving children must include child-support-guideline worksheets attached to the agreement or filed in the court file.

If the matter includes children, please be sure the child support guidelines worksheet(s) are either attached to the agreement or filed in the court file.

Applies to

Proposed final judgment

A property matter without children must include an equitable-distribution schedule attached to the agreement or emailed in Microsoft Excel format.

If there is property but no children, please be sure an equitable distribution schedule is attached to the agreement or sent via e-mail in Microsoft Excel format.

Applies to

Proposed final judgment

Applicable child-support worksheets or equitable-distribution schedules must accompany a proposed final judgment, and omission will prevent entry of the judgment.

Please be sure to include child support guidelines worksheet(s) and/or an equitable distribution schedule where applicable. Failure to include the child support guidelines worksheet(s) and/or equitable distribution schedule will result in the Final Judgment NOT being entered.

Applies to

Exhibits

Must include

exhibit list

The physical exhibit copy furnished to the court must include an index of the exhibits.

Attorneys and self-represented parties shall mark all exhibits in numerical sequence and no later than two (2) business days before the hearing shall furnish a physical copy to the court with an index of the exhibits.

Applies to

Final judgment

Both parties must file the outstanding conditions and documents required by Administrative Order M-99-9, including parenting-course completion certificates and financial affidavits, before submitting the final judgment for entry.

All other conditions and requirements set forth in Administrative Order M-99-9 (e.g., parenting course completion certificates and financial affidavits) must be filed by both parties prior to submission of the Final Judgment for entering by the Court.

Applies to

Motion

A motion must be filed before the court schedules it for hearing.

Prior to scheduling a motion for hearing, the motion sought to be heard MUST be filed.

Applies to

Routine motion

Must include

proposed order

Routine-motion orders, including discovery-compulsion and leave-to-amend orders, must be accompanied by a proposed order emailed to the Judicial Assistant.

Orders on routine motions including, but not limited to, motions to compel discovery and motions for leave to amend shall be accompanied by a proposed order which shall be submitted by e-mail to msoltis@circuit5.org for consideration by the Court.

Applies to

Proposed final judgment

A matter involving children must include child-support-guideline worksheets attached to the agreement or filed in the court file.

If the matter includes children, please be sure the child support guidelines worksheet(s) are either attached to the agreement or filed in the court file.

Applies to

Proposed final judgment

A property matter without children must include an equitable-distribution schedule attached to the agreement or emailed in Microsoft Excel format.

If there is property but no children, please be sure an equitable distribution schedule is attached to the agreement or sent via e-mail in Microsoft Excel format.

Applies to

Proposed final judgment

Applicable child-support worksheets or equitable-distribution schedules must accompany a proposed final judgment, and omission will prevent entry of the judgment.

Please be sure to include child support guidelines worksheet(s) and/or an equitable distribution schedule where applicable. Failure to include the child support guidelines worksheet(s) and/or equitable distribution schedule will result in the Final Judgment NOT being entered.

Applies to

Exhibits

Must include

exhibit list

The physical exhibit copy furnished to the court must include an index of the exhibits.

Attorneys and self-represented parties shall mark all exhibits in numerical sequence and no later than two (2) business days before the hearing shall furnish a physical copy to the court with an index of the exhibits.

Applies to

Final judgment

Both parties must file the outstanding conditions and documents required by Administrative Order M-99-9, including parenting-course completion certificates and financial affidavits, before submitting the final judgment for entry.

All other conditions and requirements set forth in Administrative Order M-99-9 (e.g., parenting course completion certificates and financial affidavits) must be filed by both parties prior to submission of the Final Judgment for entering by the Court.

Applies to

Motion

Must include

certificate of conference

A motion for an extension, a discovery dispute, or similar relief must include certification that the parties attempted to resolve the dispute.

A certification that this requirement has been satisfied shall be included in any motion for an extension of time, discovery dispute, or similar request for relief.

Applies to

Discovery motion

A discovery-content motion must identify the challenged interrogatory, question, or request, state the grounds for objection, and provide supporting legal authority.

Motions related to the content of discovery shall include the interrogatory, question or request being challenged, the grounds for the objection, and the legal authority for the position taken by the movant.

Applies to

Motion to continue

Must include

proposed order

A motion to continue must be accompanied by a proposed continuance order upon e-filing.

The moving party must also provide a proposed Order of continuance to the Court once the motion has been e-filed.

Applies to

Motion

Must include

certificate of conference

A motion for an extension, a discovery dispute, or similar relief must include certification that the parties attempted to resolve the dispute.

A certification that this requirement has been satisfied shall be included in any motion for an extension of time, discovery dispute, or similar request for relief.

Applies to

Discovery motion

A discovery-content motion must identify the challenged interrogatory, question, or request, state the grounds for objection, and provide supporting legal authority.

Motions related to the content of discovery shall include the interrogatory, question or request being challenged, the grounds for the objection, and the legal authority for the position taken by the movant.

Applies to

Motion to continue

Must include

proposed order

A motion to continue must be accompanied by a proposed continuance order upon e-filing.

The moving party must also provide a proposed Order of continuance to the Court once the motion has been e-filed.

Applies to

Plea

All pleas must be in writing and the applicable plea forms must be completed for court review.

All pleas must be in writing, and the appropriate plea forms must be completed for the Court to review.

Applies to

Waiver of speedy trial

Every waiver of speedy trial must be in writing.

All Waivers of Speedy Trial must be in writing.

Applies to

Plea form

The prosecutor and defense must document all plea conditions and expectations on the plea form and in the record, with the form reflecting the full disposition.

The ASA and defense must document all conditions and expectations of the plea on the form and on the record at the time of the plea. The form should clearly reflect the full scope of the case’s disposition.

Applies to

Plea

All pleas must be in writing and the applicable plea forms must be completed for court review.

All pleas must be in writing, and the appropriate plea forms must be completed for the Court to review.

Applies to

Waiver of speedy trial

Every waiver of speedy trial must be in writing.

All Waivers of Speedy Trial must be in writing.

Applies to

Plea form

The prosecutor and defense must document all plea conditions and expectations on the plea form and in the record, with the form reflecting the full disposition.

The ASA and defense must document all conditions and expectations of the plea on the form and on the record at the time of the plea. The form should clearly reflect the full scope of the case’s disposition.

Applies to

Notice of hearing

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.

Applies to

Proposed order

Must include

proposed order

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.

Applies to

Proposed order

Must include

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.

Applies to

Proposed order

Must include

proposed order

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.

Applies to

Certificate of service

Must include

certificate of service

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.

Applies to

Examination request

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.

Applies to

Examination objection

An examination objection must state the specific grounds for objecting.

The objections must state the specific reasons for the objections.

Applies to

Nonphysical condition examination authorization

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.

Applies to

Court document

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.

Applies to

Examination request

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.

Applies to

Examination objection

An examination objection must state the specific grounds for objecting.

The objections must state the specific reasons for the objections.

Applies to

Nonphysical condition examination authorization

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.

Applies to

Notice of mediation conference

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.

Applies to

Proposed order

Must include

proposed order

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.

Applies to

Notice of hearing

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.

Applies to

Proposed order

Must include

proposed order

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.

Applies to

Proposed order

Must include

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.

Applies to

Proposed order

Must include

proposed order

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.

Applies to

Certificate of service

Must include

certificate of service

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.

Applies to

Court document

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.

Applies to

Notice of social security number

A notice of Social Security number under Family Law Form 12.901(j) is required.

Notice of Social Security Number per Fam. Law Form 12.901(j)

Applies to

Petition

The petition must be included, together with UCCJJA allegations or a separate affidavit of children.

Petition: (Including U.C.C.J.A. allegations / or separate affidavit of Children)

Applies to

Answer default or waiver

An answer, entered default, or respondent’s answer and waiver is required.

Answer, Default entered, or Answer and Waiver by Respondent.

Applies to

Settlement agreement

Settlement agreements addressing all financial and property issues and signed by both parties are required.

Settlement Agreement(s) as to all financial and property issues signed by both Parties.

Applies to

Parenting plan

A complete parenting plan is required when minor children are involved.

Complete Parenting Plan if there are any minor children

Applies to

Motion waiver or final hearing testimony

A motion, waiver of hearing, or final hearing testimony signed by both parties is required.

Motion / Waiver of Hearing / Final Hearing Testimony signed by both Parties.

Applies to

Financial affidavit

A financial affidavit for both parties, or an applicable exception, is required.

Financial Affidavit for both Parties or exception:

Applies to

Child support guidelines worksheet

A child support guidelines worksheet under Rule 12.285(j) is required.

Child Support Guidelines Worksheet per Rule 12.285(j)

Applies to

Income deduction or income withholding order

An income deduction order for all support, or an income withholding order for child support, is required.

Income Deduction Order (All Support) / Income Withholding Order (if Child Support)

Applies to

Final judgment

The PDF of the final judgment must include the parties’ names and addresses unless they are included in the settlement agreement or parenting plan.

PDF of FJ to include Parties' Names and Addresses, unless included in Agreement or PP

Applies to

Proposed order

Must include

certificate of service

Every proposed order must include a complete certificate of service.

Proposed orders must include a complete certificate of service.

Applies to

Proposed order

Must include

certificate of service

Proposed family-law orders must follow the judge’s formatting instructions and include a complete certificate of service.

Proposed orders must follow Judge Hatcher’s posted formatting instructions and include a complete certificate of service.

Applies to

Proposed order

The judge’s signature block must appear on a page that contains substantive text of the order.

The Judge’s signature block must appear on a page containing substantive order text.

Applies to

Default judgment

Counsel seeking a final judgment without a personal appearance must complete the required checklist.

If the parties request entry of a final judgment without a personal appearance, counsel must complete the Required Checklist for Entry of Final Judgment without Personal Appearance.

Applies to

Default judgment

The final-judgment checklist must list each filing date or “N/A,” and the completed checklist and listed attachments must be emailed to the Judicial Assistant.

Enter the filing date for each listed item or mark it “N/A” where appropriate. Email the completed checklist and the documents identified in its Attachments section to jgrubb@circuit5.org for the Court’s review.

Applies to

Cover letter

A probate proposed-order cover letter mailed to the judge must include a portal-stamped completed checklist, a portal-stamped motion or petition, and a proposed order with a certificate of service.

Cover letters must be mailed directly to the assigned Judge’s office along with the following: A Portal Stamped Submission Copy of the completed corresponding Checklist A Portal Stamped Submission Copy of the Motion or Petition Proposed Order with a certificate of service

Applies to

Certificate

The probate submission package must include a portal-stamped copy of the completed applicable checklist.

A Portal Stamped Submission Copy of the completed corresponding Checklist

Applies to

Motion

The probate submission package must include a portal-stamped copy of the motion or petition.

A Portal Stamped Submission Copy of the Motion or Petition

Applies to

Notice of social security number

A notice of Social Security number under Family Law Form 12.901(j) is required.

Notice of Social Security Number per Fam. Law Form 12.901(j)

Applies to

Petition

The petition must be included, together with UCCJJA allegations or a separate affidavit of children.

Petition: (Including U.C.C.J.A. allegations / or separate affidavit of Children)

Applies to

Answer default or waiver

An answer, entered default, or respondent’s answer and waiver is required.

Answer, Default entered, or Answer and Waiver by Respondent.

Applies to

Settlement agreement

Settlement agreements addressing all financial and property issues and signed by both parties are required.

Settlement Agreement(s) as to all financial and property issues signed by both Parties.

Applies to

Parenting plan

A complete parenting plan is required when minor children are involved.

Complete Parenting Plan if there are any minor children

Applies to

Motion waiver or final hearing testimony

A motion, waiver of hearing, or final hearing testimony signed by both parties is required.

Motion / Waiver of Hearing / Final Hearing Testimony signed by both Parties.

Applies to

Financial affidavit

A financial affidavit for both parties, or an applicable exception, is required.

Financial Affidavit for both Parties or exception:

Applies to

Child support guidelines worksheet

A child support guidelines worksheet under Rule 12.285(j) is required.

Child Support Guidelines Worksheet per Rule 12.285(j)

Applies to

Income deduction or income withholding order

An income deduction order for all support, or an income withholding order for child support, is required.

Income Deduction Order (All Support) / Income Withholding Order (if Child Support)

Applies to

Final judgment

The PDF of the final judgment must include the parties’ names and addresses unless they are included in the settlement agreement or parenting plan.

PDF of FJ to include Parties' Names and Addresses, unless included in Agreement or PP

Applies to

Notice of hearing

The Notice of Hearing must include one contact email address for the filing party, which will receive the lone Zoom invitation.

Include the contact email address for the party filing the “Notice.” [Please provide only one email address] The email address provided will then receive the lone “Zoom” invitation to be forwarded by the Judicial Assistant.

Applies to

Notice of hearing

The actual Zoom link must not appear on the Notice of Hearing filed with the clerk.

UNDER NO CIRCUMSTANCE SHOULD THE ACTUAL “ZOOM” LINK APPEAR ON THE “NOTICE” BEING FILED WITH THE CLERK.

Applies to

Order

An order submitted without a hearing must be accompanied by copies of the specific record filings supporting the requested action.

Orders submitted to the Judge’s office when no hearing has occurred, MUST BE ACCOMPANIED BY A COPY OF THE SPECIFIC FILING(S) OF RECORD FROM THE COURT FILE TO JUSTIFY the Judge taking the action requested.

Applies to

Proposed order

Agreements must be reflected in the court file, and a copy of the filed record agreement should accompany the proposed order.

All “agreements” must appear WITHIN THE FILE maintained by the Clerk of the Court. Copies reflecting the filed (i.e., “record”) agreement should accompany any proposed order.

Applies to

Case management order

A case management order must specify detailed requirements for disclosing all evidence to be used at trial or the final hearing.

Prior to trial or any dispositive evidentiary hearing, Judge Takac will have in place a case management order setting forth SPECIFIC DETAILED REQUIREMENTS for the manner by which ALL EVIDENCE TO BE USED AT TRIAL OR FINAL HEARING MUST BE DISCLOSED to the other party (or parties) as well as the Court.

Applies to

Notice of hearing

The Notice of Hearing must include one contact email address for the filing party, which will receive the lone Zoom invitation.

Include the contact email address for the party filing the “Notice.” [Please provide only one email address] The email address provided will then receive the lone “Zoom” invitation to be forwarded by the Judicial Assistant.

Applies to

Notice of hearing

The actual Zoom link must not appear on the Notice of Hearing filed with the clerk.

UNDER NO CIRCUMSTANCE SHOULD THE ACTUAL “ZOOM” LINK APPEAR ON THE “NOTICE” BEING FILED WITH THE CLERK.

Applies to

Order

An order submitted without a hearing must be accompanied by copies of the specific record filings supporting the requested action.

Orders submitted to the Judge’s office when no hearing has occurred, MUST BE ACCOMPANIED BY A COPY OF THE SPECIFIC FILING(S) OF RECORD FROM THE COURT FILE TO JUSTIFY the Judge taking the action requested.

Applies to

Proposed order

Agreements must be reflected in the court file, and a copy of the filed record agreement should accompany the proposed order.

All “agreements” must appear WITHIN THE FILE maintained by the Clerk of the Court. Copies reflecting the filed (i.e., “record”) agreement should accompany any proposed order.

Applies to

Case management order

A case management order must specify detailed requirements for disclosing all evidence to be used at trial or the final hearing.

Prior to trial or any dispositive evidentiary hearing, Judge Takac will have in place a case management order setting forth SPECIFIC DETAILED REQUIREMENTS for the manner by which ALL EVIDENCE TO BE USED AT TRIAL OR FINAL HEARING MUST BE DISCLOSED to the other party (or parties) as well as the Court.

Applies to

Opposition memorandum

An opposing party must file and serve an opposition legal memorandum with citations to authority within fifteen days after service of the motion or application.

Each party opposing any written motion or other application shall file and serve, withing fifteen (15) days after being served with such motion or application, a legal memorandum with citations to authority in opposition to the relief requested.

Applies to

Written motion or application

A moving party must file and serve a supporting legal memorandum with citations to authority with any written motion or other application, except for the specifically listed motions and applications.

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.

Applies to

Motion

A motion for continuance, default addressed to the court, confirmation of an arbitration award, qualifying discovery-extension motion, or withdrawal or substitution of counsel need not include a memorandum of law.

The following motion need not be accompanied by a memorandum of law: a. Motion for Continuance; b. Motion for Default Addressed to the Court; c. Motion for Confirmation of Arbitration Award; d. Motion for Extension of Time in which to complete discovery providing good cause is set forth in the motion; and e. Motion to Withdraw or Substitute Counsel.

Applies to

Discovery motion

Must include

local rule certificate

Before filing the specified motions to compel, counsel must confer in good faith with opposing counsel and certify at filing that the conferral occurred and the dispute remains unresolved.

Before filing a motion to compel pursuant to the Florida Rules of Civil Procedure, Rule 1.380, or a motion to compel pursuant to Rule 1.180(c), counsel shall confer 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.

Applies to

Discovery motion

Except for motions based on a complete failure to respond to discovery, discovery motions must quote the discovery request and objection in full and state with citations why the objection should be overruled or sustained.

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.

Applies to

Stipulated motion in limine

Must include

proposed order

A stipulated motion in limine must be filed before the pre-trial conference with an agreed proposed order granting the requested relief.

A) 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.

Applies to

Stipulated motion in limine

An uncontested or stipulated motion in limine must certify that opposing counsel does not object to entry of the order.

B) Uncontested/stipulated Motions in Limine MUST indicate and certify that opposing Counsel has no objection to the entry of the order.

Applies to

Proposed order

The proposed order must contain in its body the certification that opposing counsel has no objection to 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.

Applies to

Contested motion in limine

A contested motion in limine must certify that all attempts to resolve the issue have failed.

B) 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.

Applies to

Written motion or application

A moving party must file and serve a supporting legal memorandum with citations to authority with any written motion or other application, except for the specifically listed motions and applications.

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.

Applies to

Motion

A motion for continuance, default addressed to the court, confirmation of an arbitration award, qualifying discovery-extension motion, or withdrawal or substitution of counsel need not include a memorandum of law.

The following motion need not be accompanied by a memorandum of law: a. Motion for Continuance; b. Motion for Default Addressed to the Court; c. Motion for Confirmation of Arbitration Award; d. Motion for Extension of Time in which to complete discovery providing good cause is set forth in the motion; and e. Motion to Withdraw or Substitute Counsel.

Applies to

Stipulated motion in limine

Must include

proposed order

A stipulated motion in limine must be filed before the pre-trial conference with an agreed proposed order granting the requested relief.

A) 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.

Applies to

Stipulated motion in limine

An uncontested or stipulated motion in limine must certify that opposing counsel does not object to entry of the order.

B) Uncontested/stipulated Motions in Limine MUST indicate and certify that opposing Counsel has no objection to the entry of the order.

Applies to

Proposed order

The proposed order must contain in its body the certification that opposing counsel has no objection to 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.

Applies to

Contested motion in limine

A contested motion in limine must certify that all attempts to resolve the issue have failed.

B) 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.

Applies to

Discovery motion

Must include

local rule certificate

Before filing the specified motions to compel, counsel must confer in good faith with opposing counsel and certify at filing that the conferral occurred and the dispute remains unresolved.

Before filing a motion to compel pursuant to the Florida Rules of Civil Procedure, Rule 1.380, or a motion to compel pursuant to Rule 1.180(c), counsel shall confer 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.

Applies to

Discovery motion

Except for motions based on a complete failure to respond to discovery, discovery motions must quote the discovery request and objection in full and state with citations why the objection should be overruled or sustained.

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.

Applies to

Notice of cancellation

A Notice of Cancellation must be filed when a hearing is cancelled.

In addition to the filing a Notice of Cancellation

Applies to

Motion for audio video appearance

A motion must generally be filed to request a telephone or Zoom appearance, and the appearance is allowed only by court order.

Requests to appear at a hearing via audio/video communication platform(s), such as telephone or Zoom, must generally be made by the filing of a motion and will only be allowed by court order.

Applies to

Motion to continue

Must include

proposed order

A motion to continue must be accompanied by a courtesy copy and proposed order for the court.

The moving party shall send a courtesy copy to the Court with a proposed order.

Applies to

Motion to continue

Must include

proposed order

A motion to continue must be accompanied by a courtesy copy and proposed order for the court.

The moving party shall send a courtesy copy to the Court with a proposed order.

Applies to

Motion

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.

Applies to

Discovery 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.

Applies to

Proposed order

Must include

proposed order

Each party must submit a proposed order to the Court.

13. Proposed Orders. EACH PARTY SHALL SUBMIT A PROPOSED ORDER TO THE COURT.

Applies to

Proposed order

Must include

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.

Applies to

Proposed order

Must include

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.

Applies to

Proposed order

Must include

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.

Applies to

Proposed order

Must include

certificate of service

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.

Applies to

Motion

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.

Applies to

Discovery 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.

Applies to

Proposed order

Must include

proposed order

Each party must submit a proposed order to the Court.

13. Proposed Orders. EACH PARTY SHALL SUBMIT A PROPOSED ORDER TO THE COURT.

Applies to

Order

Must include

certificate of service

Every order must include a certificate of service.

EVERY ORDER SHALL INCLUDE A CERTIFICATE OF SERVICE

Applies to

Order

Must include

certificate of service

An order submission must include a certificate of service.

Your order submission must have a certificate of service.

Applies to

Motion or application

A written motion or other application must be accompanied by a filed and served legal memorandum citing authority supporting the requested relief.

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.

Applies to

Opposition memorandum

A party opposing a written motion or application must file and serve an opposition memorandum with citations within 20 days after being served.

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.

Applies to

Discovery motion

Must include

certificate of conference

Before filing a Rule 1.380 motion to compel or Rule 1.280(c) protective-order motion, counsel must confer and correspond with opposing counsel in good faith and certify that effort when filing.

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

Applies to

Discovery motion

A discovery motion must attach correspondence showing the parties’ good-faith effort to resolve the dispute.

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.

Applies to

Discovery motion

Except for motions based on a complete failure to respond, a discovery motion must quote in full each discovery request to which it is addressed.

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;

Applies to

Discovery motion

A discovery motion must quote in full the objection and grounds applicable to each discovery request.

(2) quote in full the objection and grounds given therefore; and

Applies to

Discovery motion

A discovery motion must state with supporting authority why the discovery objection should be overruled or sustained.

(3) state (with citations to authority) the reasons such objection should be overruled or sustained.

Applies to

Proposed order

Must include

proposed order

Unless the Court directs otherwise, each party must submit a proposed order for review and consideration.

Unless otherwise directed by the Court, each party shall submit a proposed order for the Court’s review and consideration.

Applies to

Court notice and process compelling appearance

All notices of court proceedings and all process compelling appearance must include the specified ADA accommodation notice.

IT IS ORDERED: All notices of court proceedings, whether an order issued by a judge or a notice filed by an attorney or party, and all process compelling appearance, including but not limited to a summons, at court proceedings, must include the following statement in bold face, 14-point Bookman Old Style or Arial font: “If you are a person with a disability who needs any accommodation in order to participate in this proceeding, ===== PAGE 2 ===== you are entitled, at no cost to you, to the provision of certain assistance. Please contact ADA Coordinator at the Office of the Trial Court Administrator, Marion County Judicial Center, 110 NW First Avenue, Ocala, FL 34475, Telephone: (352) 401-6710, or email: ADAMarion@circuit5.org, 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.”

Applies to

Motion to continue

Must include

proposed order

A routine motion to continue must be accompanied by a corresponding proposed order filed and submitted with the motion.

Routine motions to continue and corresponding proposed orders must be filed and submitted to the Court at least five (5) days prior to the scheduled hearing.

Applies to

Notice of hearing

A draft notice of hearing must be provided to the judicial assistant so a Zoom link can be sent.

A draft of your notice of hearing must be provided to the judicial assistant so that a zoom link can be sent out.

Applies to

Notice of hearing

The notice of hearing must include every participant's email address.

You must include everyone’s email address on your notice.

Applies to

Notice of hearing

The Zoom link must be added to the notice of hearing, which must be filed and served immediately after the hearing time is reserved.

Once you receive the zoom link you must include this information on your notice of hearing and it must be filed and served immediately after reserving the hearing time.

Applies to

Notice of hearing

Every notice of hearing must contain the ADA notification required by Florida Rule of General Practice and Judicial Administration 2.540.

All notices of hearing must contain the ADA notification required by Florida Rule of General Practice and Judicial Administration 2.540.

Applies to

Continuance motion

Unless good cause is shown, the requesting party must sign the continuance motion.

Except for good cause shown, the motion must be signed by the party requesting the continuance, as required by Florida Rule of General Practice and Judicial Administration 2.545(e).

Applies to

Proposed order

A proposed order must include a cover letter that either certifies unanimous agreement or identifies the parties' disagreement concerning the order.

All proposed orders must be accompanied by a cover letter either (1) certifying that all parties agree to the order or (2) containing a statement identifying any disagreement of the parties as to the proposed order.

Applies to

Emergency motion

A detailed motion requesting an emergency hearing must state the issues to be resolved, why the hearing is necessary, and the time needed for each party's presentation.

Requirements: If a party believes there is a factual basis for setting an emergency hearing, a detailed motion setting forth the following must be filed: (1) the issues to be resolved, (2) reasons why an emergency hearing is necessary, and (3) the amount of time needed for each party’s presentation.

Applies to

Conference request

A request for a case management or status conference must explain why the conference is necessary.

Any request for a CMC or status conference must articulate the reasons for the necessity of the conference.

Applies to

Notice for trial

To set a case for trial, a notice for trial must be filed and a copy emailed to the judicial assistant; a pretrial conference will then be scheduled and a trial date selected.

Procedure: File a notice for trial to set the case for trial and send a copy to mstevens@circuit5.org. A PTC will be set, at which time a trial date will be selected.

Applies to

Pretrial memo

Counsel must deliver a brief pretrial memorandum to the judge and opposing counsel at least five days before the pretrial conference, containing specified information about the marriage, children, alimony, property, and attorney’s fees and costs.

At least 5 days prior to said pre-trial conference, counsel shall deliver, by mail, or personally, to the undersigned judge at 20 N. Main Street, Brooksville, Florida, 34601 and a copy thereof to opposing counsel, a brief memorandum setting forth the following:

Applies to

Exhibit schedule

Counsel must disclose to the court and opposing counsel a schedule identifying all trial exhibits and documentary evidence no later than five days before the pretrial conference.

Counsel shall disclose to the court and to opposing counsel a schedule specifically identifying all exhibits and documentary evidence which may be used in trial, no later than 5 days before the pre-trial.

Applies to

Motion

A motion must be filed before the Court will schedule it for hearing.

Prior to scheduling a motion for hearing, the motion sought to be heard must be filed.

Applies to

Proposed order

Must include

certificate of service

Every proposed order must include a certificate of service compliant with Florida Rule of General Practice and Procedure 2.516.

All proposed orders shall include a certificate of service in compliance with Florida Rule of General Practice and Procedure 2.516.

Applies to

Notice of hearing

A notice of hearing must include the docket number for each motion to be heard.

When preparing your notice of hearing, please include the docket number for the motion(s) that will be heard.

Applies to

Proposed order

The subject line of a proposed-order email must contain the case style and case number.

The case style, including case number, shall be indicated in the subject line.

Applies to

Proposed order

A proposed order submitted before its hearing must specifically identify the hearing date and time.

Proposed orders may only be submitted in advance of scheduled hearings if the hearing date and time is specifically referenced.

Applies to

Exhibits

The court will not review exhibits before they are admitted as evidence.

The Court cannot and will not review exhibits submitted prior to its admission as evidence.

Applies to

Proposed order

The court strongly suggests waiting until after the matter has been heard before submitting a proposed order.

It is STRONGLY suggested that you do not send a proposed order until the matter has been heard.

Applies to

Notice of hearing

The Notice of Hearing should identify each motion to be heard and its filing date.

The Notice of Hearing should list the motion(s) to be heard and their respective date(s) of filing.

Applies to

Motion

Must include

proposed order

A proposed order should accompany a motion for extension of time, leave to amend, appointment of a process server, or appointment of a guardian or attorney ad litem.

A proposed order should be submitted upon filing the following motions: Motion for Extension of Time Motion for Leave to Amend Complaint Motion to Appoint Process Server Motion to Appoint Guardian or Attorney Ad Litem

Applies to

Proposed order

Must include

caption

A proposed order's caption must identify the Fifth Judicial Circuit and Sumter County.

Please double-check your orders to ensure the caption includes the correct circuit (Fifth Judicial Circuit) and county (Sumter County).

Applies to

Daubert hearing submission

The court will not review case authority submitted for the first time after the hearing has begun or ended.

Case law not provided to the Court in advance of the hearing will not be reviewed prior to ruling.

Applies to

Suggestion of noncompliance

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.

Applies to

Motion and order to appear by phone

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.

Applies to

Certificate of compliance

Must include

local rule certificate

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.

Applies to

Stipulated order

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.

Applies to

Motion

The required legal memorandum may be incorporated into the motion as a speaking motion, but it should be clearly titled "MOTION to/for --- and Memorandum of Law."

This legal memorandum may be incorporated into the body of the motion as a speaking motion, but should be clearly titled, "MOTION to/for --- and Memorandum of Law."

Applies to

Motion

The motions listed in paragraph 7 are exempt from the supporting-written-memorandum requirement unless the Court specifically requests a memorandum.

The following listed motions shall be exempt from this requirement and shall not require supporting written memoranda unless specifically requested by the Court:

Applies to

Default motion

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.

Applies to

Continuance motion

A motion for continuance is exempt from the supporting-written-memorandum requirement if it states specific reasons demonstrating good cause.

b. Motion for continuance (provided that specific reasons demonstrating "good cause" are set forth in the motion).

Applies to

Motion to withdraw or substitute counsel

A motion to withdraw or substitute counsel is exempt from the supporting-written-memorandum requirement if written client consent is provided.

c. Motion to withdraw; or motion to substitute counsel (need written consent of client).

Applies to

Motion for confirmation of sale

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.

Applies to

Settlement enforcement motion

A motion to enforce a settlement is exempt from the supporting-written-memorandum requirement if it provides an adequate explanation and basis.

e. Motion for enforcement of settlement (provided adequate explanation and basis is provided in the motion),

Applies to

Exhibit motion

A motion to withdraw or substitute exhibits is exempt from the supporting-written-memorandum requirement unless the Court requests one.

f. Motion to withdraw/substitute exhibits.

Applies to

In forma pauperis motion

A motion for leave to proceed in forma pauperis is exempt from the supporting-written-memorandum requirement unless the Court requests one.

g. Motion for leave to proceed in forma pauperis,

Applies to

Discovery extension motion

A motion to extend time to complete discovery is exempt from the supporting-written-memorandum requirement if the motion states the good cause supporting the request.

h. Motion for extension of time in which to complete discovery (provided that the good cause supporting the request is set forth in the motion).

Applies to

Fund deposit motion

A motion to deposit funds with the Court is exempt from the supporting-written-memorandum requirement unless the Court requests one.

i. Motion to deposit funds with the Court.

Applies to

Compel motion

A motion to compel is exempt from the supporting-written-memorandum requirement if the moving party submits a written statement describing a good-faith attempt to resolve the matter and follows the order's other pertinent provisions.

j. Motion to compel (provided that the moving party submits a written statement that a good faith attempt has been made to resolve the matter and follows the other provisions of this order pertinent thereto, e.g. paragraphs 10 and 11 below).

Applies to

Pro hac vice motion

A motion to appear pro hac vice is exempt from the supporting-written-memorandum requirement and is subject to the referenced procedures.

k. Motion to appear pro hac vice. See Rules of Judicial Administration 2.510. See paragraph 19 herein as to the procedures to be utilized for these exceptions.

Applies to

Discovery motion

Except for motions based on a complete failure to respond to discovery, the motion must quote in full each discovery item addressed.

a. Quote in full each interrogatory, question on deposition, request for admission, or request for production to which the motion is addressed; and

Applies to

Discovery motion

Except for motions based on a complete failure to respond to discovery, the motion must quote in full the objection and grounds stated.

b. Quote in full the objection and grounds given; therefore, and

Applies to

Discovery motion

Except for motions based on a complete failure to respond to discovery, the motion must state with authority citations why the objection should be overruled or sustained.

c. State (with citations to authority) the reasons such objection should be overruled or sustained.

Applies to

Motion or opposing legal memorandum

A request for oral argument must be submitted with the motion or opposing legal memorandum and must include an estimate of the time needed for argument.

Requests for oral argument must accompany the motion or opposing legal memorandum and must estimate the time required for ===== PAGE 6 ===== argument.

Each party must be represented by the attorney expected to conduct the trial, who must know the cited rules and the party’s evidence and have full authority to discuss and stipulate to undisputed matters.

Each party shall be represented by the attorney who expects to conduct the actual trial, and who shall be familiar, not only with the provisions and purposes of Rules 1200 and 1201, Fla. Rules of Civil Procedure, but with his own evidence, and who shall have full authority to discuss, agree and stipulate, insofar as possible, on all matters of facts and law not in issue which will simplify and expedite the trial.

Applies to

Pro se document

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.

Applies to

Written motion or application

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."

Applies to

Opposition memorandum

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.

Applies to

Written notice of no objection

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.

Applies to

Discovery motion

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.

Applies to

Motion to compel

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.

Applies to

Exhibit

Must include

ai disclosure

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.

Applies to

Hearing time request

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.

Applies to

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.

Applies to

Proposed order

A proposed order should not be submitted until it is ready for immediate entry.

Orders should not be submitted unless ready for immediate entry.

Applies to

Proposed order

An agreed proposed order must include “Agreed” at the beginning of its title.

If an order is agreed between the parties, the title of the order should include “Agreed” at the beginning of the title.

Applies to

Evidence

Evidence should be delivered to the Court only for virtual hearings.

Evidence should only be delivered to the Court for virtual hearings.

Applies to

Proposed order

A proposed order should not be submitted until it is ready for immediate entry.

Orders should not be submitted unless ready for immediate entry.

Applies to

Proposed order

An agreed proposed order must include “Agreed” at the beginning of its title.

If an order is agreed between the parties, the title of the order should include “Agreed” at the beginning of the title.

Applies to

Evidence

Evidence should be delivered to the Court only for virtual hearings.

Evidence should only be delivered to the Court for virtual hearings.

Applies to

Motion

Requests to appear remotely must generally be made by motion and are permitted only if the court orders remote appearance.

Requests to appear at a hearing via audio/video communication platform(s), such as telephone or Zoom, must generally be made by the filing of a motion and will only be allowed by court order.

Applies to

Pretrial statement

Failure to file the pretrial statement may result in cancellation of the pretrial conference.

Failure to file the pretrial statement may result in cancellation of the pretrial conference.

Applies to

Pretrial statement

Any matter resolved by the parties must be noted on the pretrial statement or, if resolved afterward, in a subsequent pretrial stipulation.

All matters resolved and agreed upon by the parties shall be noted on the pretrial statement or in a subsequent pretrial stipulation if agreed after the pretrial conference.

Applies to

Motion

Requests to appear remotely must generally be made by motion and are permitted only if the court orders remote appearance.

Requests to appear at a hearing via audio/video communication platform(s), such as telephone or Zoom, must generally be made by the filing of a motion and will only be allowed by court order.

Applies to

Pretrial statement

Failure to file the pretrial statement may result in cancellation of the pretrial conference.

Failure to file the pretrial statement may result in cancellation of the pretrial conference.

Applies to

Pretrial statement

Any matter resolved by the parties must be noted on the pretrial statement or, if resolved afterward, in a subsequent pretrial stipulation.

All matters resolved and agreed upon by the parties shall be noted on the pretrial statement or in a subsequent pretrial stipulation if agreed after the pretrial conference.

Applies to

Joint stipulation for continuance

Must include

proposed order

A joint stipulation seeking a continuance should include a proposed order, be e-filed, and be provided to the Judicial Assistant.

Joint stipulations for continuances also require a proposed Order and should be e-filed and provided to the Judicial Assistant.

Applies to

Joint stipulation for continuance

Must include

proposed order

A joint stipulation seeking a continuance should include a proposed order, be e-filed, and be provided to the Judicial Assistant.

Joint stipulations for continuances also require a proposed Order and should be e-filed and provided to the Judicial Assistant.

Applies to

Proposed order

The proposed-order email subject line must identify the case style and case number.

The case style, including case number, shall be indicated in the subject line.

Applies to

Proposed order

The proposed-order email subject line must identify the case style and case number.

The case style, including case number, shall be indicated in the subject line.

Applies to

Nonphysical condition examination authorization

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.

Applies to

Court document

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.

Applies to

Nonphysical condition examination authorization

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.

Applies to

Court document

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.

Applies to

Proposed order

Must include

case number

The email submitting a proposed family-law order must identify the case number and matter in its subject line.

Include the case number and the matter addressed in the email subject line.

Applies to

Reply memorandum

Must include

legal argument

Counsel intending to file and serve a reply memorandum must notify the trial court's judicial staff after receiving an opposing memorandum.

If, upon receipt of an opposing memorandum, counsel determines further ===== PAGE 2 ===== argument of his client's position is required, s/he must notify the trial court's judicial staff that s/he intends to file and serve a reply memoranda.

Applies to

Reply memorandum

Must include

legal argument

Counsel intending to file and serve a reply memorandum must notify the trial court's judicial staff after receiving an opposing memorandum.

If, upon receipt of an opposing memorandum, counsel determines further ===== PAGE 2 ===== argument of his client's position is required, s/he must notify the trial court's judicial staff that s/he intends to file and serve a reply memoranda.

Applies to

Oral argument request

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.

Applies to

Oral argument request

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.

Applies to

Notice of no objection

A party with no objection to a motion who will not file a responsive memorandum should file written notice of that position with the clerk.

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.

Applies to

Discovery motion

Failure to comply with the discovery-motion requirements may result in the motion being struck without prejudice.

The failure to comply with this paragraph may result in the Court entering an order striking, without prejudice, the discovery motion.

Applies to

Oral argument request

An oral-argument request must accompany the motion or opposing legal memorandum and include an estimate of the argument time.

Requests for oral argument must ===== PAGE 4 ===== accompany the motion or opposing legal memorandum and must estimate the time required for argument.

Applies to

Hearing date request

A hearing-date request must identify the case name, case number, and amount of time required.

Please list your case name, case number, and amount of time required.

Applies to

Hearing request

A hearing-request email must identify the case style, motions to be heard, and requested hearing duration.

Your e-mail should include the style of the case, the name(s) of the motion(s) you wish to have heard, and the amount of time you are requesting.

Applies to

Notice of hearing

The requesting party must prepare and file a notice of hearing.

The party requesting the hearing will be asked to prepare and file a notice of hearing.

Applies to

Notice of cancellation

After approval of a hearing cancellation, the requesting party must prepare and file a notice of cancellation.

If the Court approves the hearing being cancelled, you will be asked to prepare and file a notice of cancellation.

Applies to

Proposed order

Must include

proposed order

The requesting party must prepare and submit an order granting a continuance when the continuance is granted.

If an order of continuance is granted, the party requesting the continuance will be asked to prepare an order granting continuance and submit it to the Court.

Applies to

Proposed order

A proposed order should be accompanied by an email or cover letter stating whether all parties agree and by a courtesy copy of the related motion.

Proposed orders should be accompanied by an email or cover letter that indicates whether the order is agreed-upon by all parties and a courtesy copy of the motion to which the order relates.

Applies to

Proposed order

The proposed order’s certificate of service must include substantially similar language certifying service through electronic service and/or regular U.S. mail.

The certificate of service shall contain language substantially similar to the following: “I HEREBY CERTIFY that a true and correct copy of the foregoing has been provided through electronic service and/or regular U.S. mail to the following parties.”

Applies to

Proposed order

Must include

caption, case number

Proposed orders must include the correct Fifth Judicial Circuit and Marion County caption.

Please double-check your orders to ensure the caption includes the correct circuit (Fifth Judicial Circuit) and county (Marion County).

Applies to

Evidence submission

Parties and counsel are encouraged to confer and stipulate to evidence admissibility and determine whether filed documents may be judicially noticed.

The parties and counsel of record are encouraged to confer and stipulate to the admissibility of evidence, if possible, and to determine whether documents already filed within the record may be judicially noticed.

Applies to

Telephonic appearance

No motion or order is required to appear telephonically before Judge Falvey.

Judge Falvey does not require a motion and order for telephonic appearances.

Applies to

Motion in limine

The more specific Motion in Limine Order controls in limine motions to the extent of any conflict with the general standing order.

The more specific Motion in Limine Order takes precedence over and controls such motions.

Applies to

Motion

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.

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.

Applies to

Notice of hearing

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).

Applies to

Final judgment

In a qualifying fully mediated family case, the parties may waive the final hearing and request entry of an attorney-prepared order incorporating the mediated settlement agreement, parenting plan, or both.

ORDERED AND ADJUDGED (in addition to those cases covered by Administrative Order M-99-9) that in any family case in which at least one party is represented by an attorney and attended mediation conducted by a Florida Supreme Court family certified mediator and reached a full agreement on all pending issues, the parties may waive their right to a final hearing and request the Court enter an order prepared by an attorney, on the case, that incorporates the mediated settlement agreement and/or parenting plan.

Applies to

Mediated agreement

The parties may include their request to waive the hearing in the mediated agreement.

The request to waive hearing may be made by the parties in the mediated agreement.

Applies to

Case closing documents

When requesting waiver of the hearing, the attorney may forward the case-closing documents to the court with a cover letter.

In that event, the documents that are required to close the case may be forwarded to the Court with a cover letter by the attorney.

Applies to

Final judgment

In a qualifying fully mediated family case, the parties may waive the final hearing and request entry of an attorney-prepared order incorporating the mediated settlement agreement, parenting plan, or both.

ORDERED AND ADJUDGED (in addition to those cases covered by Administrative Order M-99-9) that in any family case in which at least one party is represented by an attorney and attended mediation conducted by a Florida Supreme Court family certified mediator and reached a full agreement on all pending issues, the parties may waive their right to a final hearing and request the Court enter an order prepared by an attorney, on the case, that incorporates the mediated settlement agreement and/or parenting plan.

Applies to

Mediated agreement

The parties may include their request to waive the hearing in the mediated agreement.

The request to waive hearing may be made by the parties in the mediated agreement.

Applies to

Case closing documents

When requesting waiver of the hearing, the attorney may forward the case-closing documents to the court with a cover letter.

In that event, the documents that are required to close the case may be forwarded to the Court with a cover letter by the attorney.

Applies to

Motion

If a supporting memorandum is incorporated into the motion, it should be clearly titled as a motion 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."

Applies to

Continuance motion

A motion for continuance need not be accompanied by a memorandum of law.

a. motion for continuance;

Applies to

Default motion

A motion for default addressed to the court need not be accompanied by a memorandum of law.

b. motion for default addressed to the Court;

Applies to

Confirmation of sale motion

A motion for confirmation of sale need not be accompanied by a memorandum of law.

c. motion for confirmation of sale;

Applies to

Exhibit withdrawal or substitution motion

A motion to withdraw or substitute exhibits need not be accompanied by a memorandum of law.

d. motion to withdraw or substitute exhibits;

Applies to

In forma pauperis motion

A motion to proceed in forma pauperis need not be accompanied by a memorandum of law.

e. motion to proceed informa pauperis;

Applies to

Discovery extension motion

A motion to extend time to complete discovery need not include a memorandum of law if good cause is stated in the motion.

f. motion for extension of time in which to complete discovery, provided good cause is set forth in the motion; and

Applies to

Counsel withdrawal or substitution motion

A motion to withdraw or substitute counsel need not be accompanied by a memorandum of law.

g. motion to withdraw or substitute counsel.