Court Rules

Florida 5 Judicial Circuit (Citrus, Hernando, Lake, Marion, Sumter) Filing Timing and Cure Windows

164 rules from official source documents

Filing cutoffs, deemed-filed rules, rejection handling, cure periods, and outage procedures. This page is scoped to Florida 5 Judicial Circuit (Citrus, Hernando, Lake, Marion, Sumter); use the court rules overview to switch categories without leaving this court.

Deadline
5 business days

Hearings ordinarily require at least five business days' notice, unless all parties agree otherwise.

All hearings require a minimum of five business days’ notice unless all parties agree otherwise.

Judge Brian WelkeCRITICAL

The motion seeking a hearing must be filed before a hearing date and time may be obtained.

The Motion must be filed prior to obtaining a hearing date and time.

Judge Carol FalveyCRITICAL

All motions in limine must be filed at least 45 days before trial unless the court grants an extension.

Any and all Motions in Limine from any party must be filed no later than forty-five (45) days before trial unless extended by this Court.

Judge Carol FalveyCRITICAL
Deadline
5 business days

Opposing counsel has five business days after submission to file a written response to a motion-in-limine memorandum if desired.

Opposing counsel will have five (5) business days to file a written response if they wish.

Judge Carol FalveyCRITICAL

A motion in limine may be abandoned if it is untimely, was not discussed during the meet-and-confer process, or, if unresolved, was not set for hearing.

Any Motions in Limine not timely filed and/or not discussed at the meet and confer and (if unresolved) not set for hearing will be considered abandoned.

Judge Carol FalveyCRITICAL
Deadline
15 business days

A final judgment must be filed no later than 15 business days before the hearing.

All Final Judgments must be filed through the Florida Courts E-Portal 15 business days prior to the hearing.

Judge Carol FalveyCRITICAL

The represented party must file a notice certifying service on the self-represented party 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.

Judge Charles L.W. HelmCRITICAL

When an offered deposition date is within 14 days after the examination, the written report must reach deposing counsel no later than five days before the deposition.

Should any of the dates be within 14 days of the examination the above referred to report shall be provided to deposing counsel no later than 5 days before the deposition date.

Judge Dan R. MosleyCRITICAL

The examining physician or healthcare provider must issue a detailed written report and provide it to all counsel no later than 14 business days after the examination.

Pursuant to Fla. R. Civ. P. 1.360(b) a “detailed written report” will be issued by the examining physician or healthcare provider and provided to all counsel no later than 14 business days after the day of the examination.

Judge Dan R. MosleyCRITICAL

When scheduling the examination, the requesting party must give opposing counsel at least three dates when the examiner is available for oral deposition.

The party requesting the examination shall also provide to opposing counsel, at the time the examination is scheduled, no less than three dates when the examiner will be available for oral deposition.

Judge Dan R. MosleyCRITICAL
Deadline
3 business days

Supporting and opposing memoranda must be filed, exchanged, and delivered in hard copy to chambers no later than three business days before the scheduled hearing.

Memorandums in support of, or in opposition to, the motion must be filed, exchanged and a hard copy delivered to the judge's chambers not later than 3 business days before the scheduled hearing.

Judge Dan R. MosleyCRITICAL
Deadline
3 business days

After the court announces its ruling, the order must be prepared and submitted to the court and opposing counsel within three business days.

Once a ruling is announced an order must be prepared and submitted to the Court and opposing counsel within three business days of the announced ruling.

Judge Dan R. MosleyCRITICAL
Deadline
3 business days

Opposing counsel has three additional business days after submission of the proposed order to object and submit a revised order if appropriate.

Opposing counsel shall have three additional business days to object and submit a revised proposed order if appropriate.

Judge Dan R. MosleyCRITICAL

An opposing party has ten days from receiving a motion to file a response and accompanying legal memorandum.

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

Judge Don BarbeeCRITICAL
Deadline
2 business days

Electronic evidence for every bench trial and evidentiary hearing, whether Zoom or live, is due to the Court and opposing counsel at least two business days before the hearing or trial.

Evidence for ALL bench trials and evidentiary hearings (Zoom and live) shall be submitted to the Court and opposing counsel electronically to hernandoprobate@circuit5.org at least 2 business days before the hearing/trial.

Judge Don BarbeeCRITICAL

An opposing party has ten days from receipt of a motion to file a response with a legal memorandum.

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

Judge Don BarbeeCRITICAL
Deadline
2 business days

Electronic evidence is due at least two business days before the hearing or trial.

Evidence for ALL bench trials and evidentiary hearings (Zoom and live) shall be submitted to the Court and opposing counsel electronically to dcbcivil@circuit5.org at least 2 business days before the hearing/trial.

Judge Don BarbeeCRITICAL
Deadline
24 hours

Proposed orders should be submitted no more than 24 hours before the hearing and within five days after it, with 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.

Judge Don BarbeeCRITICAL

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

Counsel must expeditiously file all paperwork necessary to close the case.

Judge Donald E. ScaglioneCRITICAL
Applies to
Motion to continue trial

A continuance motion must be filed promptly after good cause first appears.

A motion to continue trial must be filed promptly after the appearance of good cause to support such motion.

Judge Donald E. ScaglioneCRITICAL

The proposed order must be submitted to the court 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.

Judge Donald E. ScaglioneCRITICAL

The movant's summary-judgment motion must be filed consistently with deadlines in the case-management order or other court orders.

The movant must file and serve the motion for summary judgment consistent with the deadlines specified in the case management order or any court-ordered deadlines.

Judge Donald E. ScaglioneCRITICAL
Deadline
10 business days

A party objecting to proposed relief must notify the court immediately and in writing within 10 business days, unless the matter requires no response or is uncontested.

Unless the matter is stipulated to in writing by all interested parties, or is a matter that otherwise requires no response, or is otherwise clearly indicated to be uncontested, the Court may wait ten (10) business days to see if any further objections, pleadings, or responses directed to the issue are received. IT IS INCUMBENT ON ANYONE OBJECTING TO ANY PROPOSED RELIEF TO NOTIFY THE COURT IMMEDIATELY AND IN WRITING WITHIN THE TEN (10) BUSINESS DAY PERIOD.

Judge Donald E. ScaglioneCRITICAL
Deadline
5 working days

All parties must acknowledge the hearing-attendance procedures through one of the specified filings or email at least five working days before the hearing.

***THE COURT REQUIRES ACKNOWLEDGMENT OF THE ABOVE BY RECEIPT OF A MOTION AND ORDER (COURTCALL), NOTICE OF ZOOM HEARING OR INVITATION TO THE COURT (ZOOM APPEARANCE), OR EMAIL (ACKNOWLEDGING PERSONAL APPEARANCE) WITHIN 5 WORKING DAYS PRIOR TO HEARING DATE.***

Judge Donald E. ScaglioneCRITICAL

Fact and expert discovery must be completed within 270 days in streamlined cases and within 450 days in general cases, measured from filing of the complaint.

Completion of Fact & Expert Discovery | 270 Days Streamline 450 Days General |

Judge Donald E. ScaglioneCRITICAL

Fact and expert discovery must be completed within 500 days in complex cases.

500 Days Complex

Judge Donald E. ScaglioneCRITICAL

All pretrial motions must be resolved before the pretrial hearing.

Resolution of All Pretrial Motions | Prior to Pretrial Hearing |

Judge Donald E. ScaglioneCRITICAL

Mediation is scheduled within 270 days in streamlined cases, 450 days in general and complex cases, or 500 days in complex cases, and in any event at least 45 days before the pretrial hearing.

Mediations | 270 Days Streamlined 450 Days General & Complex 500 Days Complex At least 45 Days Prior to Pretrial Hearing

Judge Donald E. ScaglioneCRITICAL

The order sets case-dependent trial completion targets of 12 or 18 months, or 24 or 30 months.

Trial | 12 or 18 Months, or 24/30 months

Judge Donald E. ScaglioneCRITICAL

Plaintiffs must file their witness list at least 120 days before pretrial.

Deadline for Plaintiff(s) to file witness list | 120 days before pretrial

Judge Donald E. ScaglioneCRITICAL

Defendants must file their witness list at least 90 days before pretrial.

Deadline for Defendant(s) to file witness list | 90 days before pretrial

Judge Donald E. ScaglioneCRITICAL

All dispositive motions must be filed within 120 days after fact discovery closes.

Deadline for filing any dispositive motions | 120 days after close of fact discovery

Judge Donald E. ScaglioneCRITICAL

All Daubert motions must be filed within 30 days after expert discovery closes.

Deadline for filing any *Daubert* motions | 30 days after the close of expert discovery

Judge Donald E. ScaglioneCRITICAL

Daubert motions must also be filed before the pretrial conference or hearing.

Filed before Pretrial

Judge Donald E. ScaglioneCRITICAL

Dispositive and Daubert motions must be heard at least 45 days before pretrial or they will be deemed abandoned.

Deadline to have any dispositive and *Daubert* motions heard | 45 days before the pretrial Note: If not heard by this date, dispositive and *Daubert* motions will be deemed abandoned

Judge Donald E. ScaglioneCRITICAL

The exhibit list must be filed at least 21 days before the pretrial conference.

Deadline to file Exhibit List | 21 days before the pretrial conference

Judge Donald E. ScaglioneCRITICAL

The joint final pretrial statement, motions in limine, deposition objections, proposed jury instructions, and verdict form must be filed 14 days before the pretrial conference; untimely motions in limine are deemed abandoned.

Deadline for filing: The joint final pretrial statement, Any motion in limine, Objections to depositions, Proposed jury instructions, and Verdict form | 14 days before the pretrial conference Note: If not filed by this date, motions in limine will be deemed abandoned.

Judge Donald E. ScaglioneCRITICAL

The case-management and pretrial-order deadlines will be strictly enforced absent good cause.

The deadlines established in this Case Management/Pretrial Order shall be strictly enforced by the court unless good cause can be shown.

Judge Donald E. ScaglioneCRITICAL

Procrastination in discovery and counsel unavailability do not constitute good cause to change the order's deadlines.

Procrastination in completing discovery or the unavailability of counsel will not constitute good cause for a change to these deadlines.

Judge Donald E. ScaglioneCRITICAL

Failure to comply with the order's deadlines may result in sanctions, including striking a party's pleadings.

Failure to comply with deadlines may subject the parties to sanctions, including but not limited to striking of

Judge Donald E. ScaglioneCRITICAL

By the previously specified deadline, jury instructions and verdict forms must be filed with the clerk and emailed to the division email address in Word format.

By the deadline set forth above, jury instructions and verdict forms must be filed with the Clerk and e-mailed in Word format to the division email address in accordance with the following:

Judge Donald E. ScaglioneCRITICAL

No reply memorandum is permitted or considered by the Court.

NO REPLY MEMORANDUM SHALL BE PERMITTED or considered by this Court.

Judge Donald E. ScaglioneCRITICAL

All motions in limine must be filed before the pre-trial conference to be considered.

All Motions in Limine MUST BE FILED PRIOR TO THE PRE-TRIAL CONFERENCE IN ORDER TO BE CONSIDERED.

Judge Donald E. ScaglioneCRITICAL

Untimely motions or responses will not be considered by the Court.

Any filings (either Motions or Responses) that are untimely, in accordance with this provision will not be considered by this Court.

Judge Donald E. ScaglioneCRITICAL

Any motion in limine filed after the pre-trial conference will not be considered and will be summarily denied.

ANY MOTIONS FILED AFTER THE PRETRIAL CONFERENCE WILL NOT BE CONSIDERED BY THIS COURT UNDER ANY CIRCUMSTANCES AND WILL BE SUMMARILY DENIED

Judge Donald E. ScaglioneCRITICAL

All contested motions in limine must be filed no later than 20 days before the pre-trial conference.

ALL CONTESTED MOTIONS IN LIMINE MUST BE FILED NO LATER 20 DAYS PRIOR TO THE PRE-TRIAL.

Judge Donald E. ScaglioneCRITICAL

The opposing party has 10 days from the filing date of the motion in limine to file a response.

The opposing party shall have TEN days from the filing date of the Motion in Limine to file a Response thereto.

Judge Donald E. ScaglioneCRITICAL

All pending motions and pleadings must be filed at least seven days before the hearing, court, or trial.

Thus the Court requires all pending motions/pleadings be filed at least seven (7) days prior to hearing/court/trial.

Judge Donald E. ScaglioneCRITICAL

A Zoom Notice of Hearing must be filed with the Court at least five days before the hearing.

A Zoom Notice of Hearing must be filed with the Court at least 5 days prior to hearing date.

Judge Donald E. ScaglioneCRITICAL

Paperwork intended for consideration at the hearing must be filed five days beforehand with a courtesy copy sent to the Court.

Any paperwork to be considered at the hearing must be filed 5 days prior to hearing, with a courtesy copy to the Court.

Judge Donald E. ScaglioneCRITICAL

All evidence intended for consideration must be submitted five days before an evidentiary hearing to the clerk, Court, parties, and witnesses.

Parties must submit all Evidence to be considered 5 days prior to hearing with the clerk, Court and all parties and witnesses.

Judge Donald E. ScaglioneCRITICAL
Deadline
30 calendar days

All objections to pleadings must be filed and served within 30 days after the pleading is filed in both streamlined and general cases.

Filing and Service of Within 30 days of filing Within 30 days of filing All Objections to pleadings

Judge Erin DalyCRITICAL
Deadline
60 calendar days

All pretrial motions must be filed and served at least 60 days before the pretrial conference in both streamlined and general cases.

filing All Objections to pleadings At least 60 days prior to pre- At least 60 days prior to pre- Filing of all trial conference, notice for trial conference, notice for pre-trial motions hearing prior to PTC hearing prior to PTC

Judge Erin DalyCRITICAL

An in limine motion ordinarily will be resolved without a hearing unless oral argument is requested and granted or the court orders otherwise, and it must be filed no later than 30 days before the pretrial hearing or may be denied as untimely.

16. In limine motions. Unless oral argument is requested and granted, or otherwise ordered by the Court, in limine motions will be resolved without a hearing. All motions in limine must be filed no later than 30 days before the start of the pretrial hearing or the Court may deny the motion as being untimely.

Judge Erin DalyCRITICAL
Deadline
48 hours

A party granted permission for a Zoom appearance must share intended hearing evidence with the opposing party and Court no later than 48 hours before the hearing.

If a motion for zoom appearance is granted, any documents, photographs or evidence that a party intends to use at the hearing must be shared with the opposing party and the Court no later than 48 hours before the hearing.

Judge Erin DalyCRITICAL

The Notice of Hearing may not be filed until the booking request receives approval.

YOU MUST FILE A NOTICE OF HEARING UPON RECEIVING THE BOOKING APPROVAL.

Judge Erin DalyCRITICAL
Deadline
10 business days

Evidence for a virtual hearing must be mailed at least ten business days before the hearing after pre-marking is completed.

Once completed, you will then need to mail in said evidence at least ten (10) business days in advance of the hearing.

Judge George L. Singeltary IICRITICAL
Deadline
15 calendar days

Evidence exceeding 50 pages must be mailed 15 days before a virtual hearing to the court at the stated address.

If your evidence exceeds fifty (50) pages, then you will need to mail in evidence fifteen (15) days in advance as follows: Attn: Circuit Judge George L. Singeltary II at 110 North Apopka Avenue #101, Inverness, FL 34450.

Judge George L. Singeltary IICRITICAL
Deadline
10 business days

Evidence for a virtual hearing must be mailed at least ten business days before the hearing after pre-marking is completed.

Once completed, you will then need to mail in said evidence at least ten (10) business days in advance of the hearing.

Judge George L. Singeltary IICRITICAL
Deadline
15 calendar days

Evidence exceeding 50 pages must be mailed 15 days before a virtual hearing to the court at the stated address.

If your evidence exceeds fifty (50) pages, then you will need to mail in evidence fifteen (15) days in advance as follows: Attn: Circuit Judge George L. Singeltary II at 110 North Apopka Avenue #101, Inverness, FL 34450.

Judge George L. Singeltary IICRITICAL

A Notice of Conflict must be filed immediately upon discovery of the conflict, with a courtesy copy to the Court.

This notice should be filed immediately upon discovery of the conflict with a courtesy copy to the Court.

Judge Jason J. NimethCRITICAL

A Notice of Conflict must be filed immediately upon discovery of the conflict, with a courtesy copy to the Court.

This notice should be filed immediately upon discovery of the conflict with a courtesy copy to the Court.

Judge Jason J. NimethCRITICAL

A pretrial statement must be filed no later than ten days, excluding weekends and holidays, before the pretrial conference.

Pretrial statements shall be filed no later than 10 days (excluding weekends and holidays) before the Pretrial Conference.

Judge Jennifer BassCRITICAL

A pretrial statement must be filed no later than ten days, excluding weekends and holidays, before the pretrial conference.

Pretrial statements shall be filed no later than 10 days (excluding weekends and holidays) before the Pretrial Conference.

Judge Jennifer BassCRITICAL

Case law submitted for the Court's consideration must be provided at least 48 hours before the proceeding.

Said case law shall be submitted to the Court a minimum of 48 hours in advance of the proceeding date in order to give sufficient time for the Court to review same.

Judge Joel D. FrittonCRITICAL

Counsel must request a hearing interpreter through the Fifth Circuit website's online form at least seven days before the proceeding.

If an Interpreter will be needed for any hearing, a request must be submitted by counsel through the Fifth Circuit website at www.circuit5.org, using the online form provided at least seven (7) days prior to the proceeding.

Judge Joel D. FrittonCRITICAL

Opposing party or counsel has 10 days from receipt of a motion to respond, and failure to respond may result in an order treating the motion as unopposed.

Opposing party/counsel shall have ten (10) days from receipt of a motion to file a response. Failure to timely respond may result in the issuance of an Order as if motion was unopposed.

Judge Joel D. FrittonCRITICAL

A waiver of appearance must be e-filed before the day of the specified court proceeding.

Said Waiver of Appearance shall be signed by the defendant and e-filed prior to the day of the proceeding.

Judge Joel D. FrittonCRITICAL

Case law submitted for the Court's consideration must be provided at least 48 hours before the proceeding.

Said case law shall be submitted to the Court a minimum of 48 hours in advance of the proceeding date in order to give sufficient time for the Court to review same.

Judge Joel D. FrittonCRITICAL

Counsel must request a hearing interpreter through the Fifth Circuit website's online form at least seven days before the proceeding.

If an Interpreter will be needed for any hearing, a request must be submitted by counsel through the Fifth Circuit website at www.circuit5.org, using the online form provided at least seven (7) days prior to the proceeding.

Judge Joel D. FrittonCRITICAL

Opposing party or counsel has 10 days from receipt of a motion to respond, and failure to respond may result in an order treating the motion as unopposed.

Opposing party/counsel shall have ten (10) days from receipt of a motion to file a response. Failure to timely respond may result in the issuance of an Order as if motion was unopposed.

Judge Joel D. FrittonCRITICAL

A waiver of appearance must be e-filed before the day of the specified court proceeding.

Said Waiver of Appearance shall be signed by the defendant and e-filed prior to the day of the proceeding.

Judge Joel D. FrittonCRITICAL

Jury instructions are due by email at 5:00 p.m. on the Friday before the trial date.

Jury Instructions shall be circulated between the ASA and defense attorney and submitted to the Court via email with both parties included, the Friday before the trial date by 5:00pm.

Judge Kristie M. HealisCRITICAL

Jury instructions are due by email at 5:00 p.m. on the Friday before the trial date.

Jury Instructions shall be circulated between the ASA and defense attorney and submitted to the Court via email with both parties included, the Friday before the trial date by 5:00pm.

Judge Kristie M. HealisCRITICAL

When opposing counsel objects and intends to submit a competing order, the proposed order must be submitted immediately.

If opposing counsel objects and intends to present a competing order, the proposed order must be submitted immediately, in Word format, with a notation in the email that it is a competing order.

Judge Lisa HerndonCRITICAL
Deadline
5 business days

Case law and exhibits must be emailed to swaldron@circuit5.org at least five business days before the hearing.

If you have case law or exhibits to provide, please send them to swaldron@circuit5.org, at least 5 business days prior to the hearing, to allow time for the Court’s review prior to the hearing.

Judge Lisa HerndonCRITICAL

Objections to a compulsory examination must be filed within 30 days of the written request, assuming process was served at least 15 days before service of the request.

Objections to “Examination of Persons” under Fla. R. Civ. P. 1.360(a)(1)(A) must be filed no later than 30 days from the written request assuming service of process has occurred at least 15 days prior to the request being served.

Judge Lisa HerndonCRITICAL

A hearing must be requested immediately upon filing an objection, and failure to set the objection for immediate hearing constitutes abandonment of the examination request.

A hearing must be immediately requested on any objection filed. Failure to set the objection for immediate hearing will be deemed an “Abandonment of the Request” under the rules.

Judge Lisa HerndonCRITICAL

A motion for summary judgment may be filed after 20 days from commencement of the action, and service must occur at least 40 days before the hearing.

Filing and Service Filing shall be any time Filing shall be any time of Motions for after the expiration of 20 after the expiration of 20 days from the days from the Summary commencement of the commencement of the Judgment action action Service at least 40 days Service at least 40 days before the time fixed for before the time fixed for the hearing the hearing

Judge Lisa HerndonCRITICAL

Objections to a compulsory examination must be filed within 30 days of the written request, assuming process was served at least 15 days before service of the request.

Objections to “Examination of Persons” under Fla. R. Civ. P. 1.360(a)(1)(A) must be filed no later than 30 days from the written request assuming service of process has occurred at least 15 days prior to the request being served.

Judge Lisa HerndonCRITICAL

A hearing must be requested immediately upon filing an objection, and failure to set the objection for immediate hearing constitutes abandonment of the examination request.

A hearing must be immediately requested on any objection filed. Failure to set the objection for immediate hearing will be deemed an “Abandonment of the Request” under the rules.

Judge Lisa HerndonCRITICAL

When opposing counsel objects and intends to submit a competing order, the proposed order must be submitted immediately.

If opposing counsel objects and intends to present a competing order, the proposed order must be submitted immediately, in Word format, with a notation in the email that it is a competing order.

Judge Lisa HerndonCRITICAL
Deadline
5 business days

Case law and exhibits must be emailed to swaldron@circuit5.org at least five business days before the hearing.

If you have case law or exhibits to provide, please send them to swaldron@circuit5.org, at least 5 business days prior to the hearing, to allow time for the Court’s review prior to the hearing.

Judge Lisa HerndonCRITICAL

A motion for summary judgment may be filed after 20 days from commencement of the action, and service must occur at least 40 days before the hearing.

Filing and Service Filing shall be any time Filing shall be any time of Motions for after the expiration of 20 after the expiration of 20 days from the days from the Summary commencement of the commencement of the Judgment action action Service at least 40 days Service at least 40 days before the time fixed for before the time fixed for the hearing the hearing

Judge Lisa HerndonCRITICAL

A scheduling request remains unconfirmed until the court confirms the date and time, and no Notice of Hearing may be filed or served before that confirmation.

Selecting a time submits a request; it does not confirm a hearing or place the hearing on the Court’s calendar. Do not file or serve a Notice of Hearing until the Court confirms the date and time.

Judge Mary P. HatcherCRITICAL

An email-coordinated hearing date is not secured until reconfirmed, after which the Notice of Hearing must be filed and served within 24 hours.

When parties coordinate a hearing date and time by email with the Judicial Assistant, the agreed-upon date and time are not secured until the Judicial Assistant reconfirms that they remain available. Once the Judicial Assistant reconfirms availability, the scheduling party must file and serve the Notice of Hearing within twenty-four (24) hours.

Judge Mary P. HatcherCRITICAL

All motions in limine must be filed before the pre-trial conference to be considered.

All Motions in Limine MUST BE FILED PRIOR TO THE PRE-TRIAL CONFERENCE IN ORDER TO BE CONSIDERED.

Judge Peter M. BrighamCRITICAL

A motion in limine filed after the pre-trial conference will not be considered and will be summarily denied.

***ANY MOTIONS FILED AFTER THE PRETRIAL CONFERENCE WILL NOT BE CONSIDERED BY THIS COURT UNDER ANY CIRCUMSTANCES AND WILL BE SUMMARILY DENIED***

Judge Peter M. BrighamCRITICAL

No later than 30 days before the pre-trial conference, attorneys must meet or discuss all possible motions in limine in an attempt to stipulate to them.

A) No later than 30 days prior to the Pre-Trial Conference the attorneys shall meet and/or discuss all Motions in Limine in an attempt to stipulate to any and/all possible Motions in Limine.

Judge Peter M. BrighamCRITICAL

A stipulated motion in limine must be filed before the pre-trial conference.

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.

Judge Peter M. BrighamCRITICAL

An untimely motion in limine or response will not be considered by the Court.

Any filings (either Motions or Responses) that are untimely, in accordance with this provision will not be considered by this Court.

Judge Peter M. BrighamCRITICAL

All motions in limine must be filed before the pre-trial conference to be considered.

All Motions in Limine MUST BE FILED PRIOR TO THE PRE-TRIAL CONFERENCE IN ORDER TO BE CONSIDERED.

Judge Peter M. BrighamCRITICAL

A motion in limine filed after the pre-trial conference will not be considered and will be summarily denied.

***ANY MOTIONS FILED AFTER THE PRETRIAL CONFERENCE WILL NOT BE CONSIDERED BY THIS COURT UNDER ANY CIRCUMSTANCES AND WILL BE SUMMARILY DENIED***

Judge Peter M. BrighamCRITICAL

No later than 30 days before the pre-trial conference, attorneys must meet or discuss all possible motions in limine in an attempt to stipulate to them.

A) No later than 30 days prior to the Pre-Trial Conference the attorneys shall meet and/or discuss all Motions in Limine in an attempt to stipulate to any and/all possible Motions in Limine.

Judge Peter M. BrighamCRITICAL

A stipulated motion in limine must be filed before the pre-trial conference.

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.

Judge Peter M. BrighamCRITICAL

An untimely motion in limine or response will not be considered by the Court.

Any filings (either Motions or Responses) that are untimely, in accordance with this provision will not be considered by this Court.

Judge Peter M. BrighamCRITICAL

All contested motions in limine must be filed no later than 20 days before the pre-trial conference.

D) ALL CONTESTED MOTIONS IN LIMINE MUST BE FILED NO LATER THAN 20 DAYS PRIOR TO THE PRE-TRIAL.

Judge Peter M. BrighamCRITICAL

The opposing party has 10 days from the filing of a motion in limine to file a response.

The opposing party shall have TEN days from the filing date of the Motion in Limine to file a Response thereto.

Judge Peter M. BrighamCRITICAL
Deadline
48 hours

All proposed evidence must be hand-delivered to the Judicial Assistant as hard copies at least 48 hours before the hearing, with no exceptions.

If a party/counsel intends to introduce any document or item into evidence during a hearing, hard copies of the proposed evidence shall be hand delivered to the Judicial Assistant 48 hours in advance of the hearing. No exceptions will be made to this.

Judge R. Gregg JeraldCRITICAL
Deadline
10 business days

The summary judgment checklist and supporting documents are due 10 business days before the summary judgment hearing.

Complete in full and submit via e-filing along with all of the other required supporting documentation 10 business days prior to the summary judgment hearing.

Judge Robert Kyle LambertCRITICAL
Deadline
10 business days

The summary judgment checklist and supporting documents are due 10 business days before the summary judgment hearing.

Complete in full and submit via e-filing along with all of the other required supporting documentation 10 business days prior to the summary judgment hearing.

Judge Robert Kyle LambertCRITICAL

A party opposing a written motion or application must file and serve an opposition memorandum with citations within twenty days after service, subject to the stated default consequences for no timely response.

Each party opposing any written motion or other application shall file and serve, within twenty (20) days after ===== PAGE 2 ===== being served with such motion or application, a legal memorandum with citations to authority in opposition to the relief requested.

Judge Robert W. HodgesCRITICAL

When further argument is needed after receiving an opposition memorandum, counsel must file a reply within five days of receipt.

If upon receipt of an opposing memorandum, counsel determines further argument of his client's position is required, counsel shall file a reply within five (5) days of the receipt of opposing memorandum.

Judge Robert W. HodgesCRITICAL

An in limine motion must be filed no later than 15 days before the trial term begins, or the Court may deny it as untimely.

All motions in limine must be filed no later than 15 days before the start of the trial term or the Court may deny the motion as being untimely.

Judge Robert W. HodgesCRITICAL

Objections to an examination of persons must be filed within 30 days of the written request, provided service of process occurred at least 15 days before service of the request.

Objections to “Examination of Persons” under Fla. R. Civ. P. 1.360(a)(1)(A) must be filed no later than 30 days from the written request assuming service of process has occurred at least 15 days prior to the request being served.

Judge Robert W. HodgesCRITICAL

Objections to an examination of persons must be filed within 30 days of the written request, provided service of process occurred at least 15 days before service of the request.

Objections to “Examination of Persons” under Fla. R. Civ. P. 1.360(a)(1)(A) must be filed no later than 30 days from the written request assuming service of process has occurred at least 15 days prior to the request being served.

Judge Robert W. HodgesCRITICAL

A party opposing a written motion or application must file and serve an opposition memorandum with citations within twenty days after service, subject to the stated default consequences for no timely response.

Each party opposing any written motion or other application shall file and serve, within twenty (20) days after ===== PAGE 2 ===== being served with such motion or application, a legal memorandum with citations to authority in opposition to the relief requested.

Judge Robert W. HodgesCRITICAL

When further argument is needed after receiving an opposition memorandum, counsel must file a reply within five days of receipt.

If upon receipt of an opposing memorandum, counsel determines further argument of his client's position is required, counsel shall file a reply within five (5) days of the receipt of opposing memorandum.

Judge Robert W. HodgesCRITICAL

An in limine motion must be filed no later than 15 days before the trial term begins, or the Court may deny it as untimely.

All motions in limine must be filed no later than 15 days before the start of the trial term or the Court may deny the motion as being untimely.

Judge Robert W. HodgesCRITICAL

Complaint service is due within 120 days after the complaint is filed.

Service of Within 120 days of Within 120 days of Complaints filing of the complaint

Judge Robert W. HodgesCRITICAL

The opposition memorandum is due within 20 days after service of the motion or application; the source does not specify whether those days are calendar, business, or court days.

within twenty (20) days after being served with such motion or application

Judge Stacy M. YoumansCRITICAL

When further argument is needed, counsel must file a reply within five days after receiving the opposition 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.

Judge Stacy M. YoumansCRITICAL

An in limine motion must be filed at least 15 days before the trial term begins, or the Court may deny it as untimely.

All motions in limine must be filed no later than 15 days before the start of the trial term or the Court may deny the motion as being untimely.

Judge Stacy M. YoumansCRITICAL
Deadline
5 business days

The court must receive all hearing exhibits no later than five business days before the hearing.

Submission Deadlines: The court must receive all exhibits for the hearing no later than five business days before the hearing.

Judge Thomas R. EinemanCRITICAL
Deadline
10 calendar days

Proposed orders must be submitted within 10 days after the hearing.

Deadline for Submissions: Proposed orders must be submitted within 10 days after any hearing.

Judge Thomas R. EinemanCRITICAL
Deadline
5 business days

Chambers must receive all exhibits five business days before the evidentiary proceeding.

Deadline for Submissions: All exhibits must be received in chambers five business days before the evidentiary proceeding.

Judge Thomas R. EinemanCRITICAL
Deadline
5 business days

A pretrial memorandum must be filed five business days before the pretrial conference.

Other Procedures for Setting Case for Trial: You must file a pretrial memorandum 5 business days prior to the PTC.

Judge Thomas R. EinemanCRITICAL
Deadline
40 calendar days

The summary judgment hearing is identified as occurring 40 days after the motion for summary judgment was filed.

Is hearing 40 days after MSJ filed?

Court-level rulesWARNINGOfficial source
Deadline
5 calendar days

Case law and memoranda for an upcoming hearing may be submitted electronically to Toni Mann, preferably at least five days before the hearing.

Any party desiring to submit case law and/or a memorandum of law for an upcoming hearing may submit these materials electronically to Toni Mann at tmann@circuit5.org. The Court desires that these materials be submitted at least 5 days prior to the scheduled hearing.

Judge Brian M. TotiWARNING
Deadline
3 business days

The clerk has three business days to accept an order e-filed from the judge's office.

The Clerk’s office has 3 business days to accept the e-filing of an order, from the Judge’s office.

Judge Brian WelkeWARNING

A movant who believes a reply is necessary must immediately notify the judicial assistant, and the Court will defer its ruling for five days while awaiting the reply.

If the movant believes a Reply is necessary to the Response, he/she shall immediately notify the judicial assistant via email at hernandoprobate@circuit5.org. The Court will defer ruling for 5 days awaiting receipt of the reply.

Judge Don BarbeeWARNING
Deadline
24 hours

Proposed orders should be submitted no more than 24 hours before the hearing.

Proposed orders should be submitted no more than 24 hours prior to the hearing

Judge Don BarbeeWARNING

Proposed orders should be submitted within five days after the hearing is held.

Proposed orders should be submitted no more than 24 hours prior to the hearing and within five (5) days after the hearing is held

Judge Don BarbeeWARNING

Failure to respond timely may result in an order treating the motion as unopposed.

Failure to timely respond may result in the issuance of an order as if motion was unopposed.

Judge Don BarbeeWARNING

A summary-judgment motion may be filed after 20 days from commencement of the action or after service of an adverse summary-judgment motion.

A party may move for summary judgment at any time after the expiration of 20 days from the commencement of the action or after service of a motion for summary judgment by the adverse party.

Judge Donald E. ScaglioneWARNING

When a reply memorandum is noticed, the court may defer determination of the matter for up to five days pending receipt of the reply.

In such case, determination of the matter will be deferred by the court for up to five (5) days pending receipt of the reply memorandum by the court.

Judge Donald E. ScaglioneWARNING

All time calculations under the standing order are governed by Florida Rule of Civil Procedure 1.090.

All time calculations herein shall be subject to Rule 1.090, Florida Rules of Civil Procedure.

Judge Donald E. ScaglioneWARNING

Unless the court grants a request for hearing time or oral argument, in limine motions will be resolved before pretrial under the applicable standard orders.

Unless hearing time or oral argument has been requested and granted by the court, in limine motions will be resolved before pretrial, as set forth in the other standard orders of this court specifically regarding same.

Judge Donald E. ScaglioneWARNING

If the court has not ruled on contested in limine motions by pretrial, counsel should notify the court immediately.

If the Court has not announced its ruling on such contested motions by pretrial, counsel should immediately advise the Court.

Judge Donald E. ScaglioneWARNING

New parties must be added within 240 days from the filing of the complaint.

Addition of New Parties | 240 Days

Judge Donald E. ScaglioneWARNING

An objection to case differentiation is due within 30 days from the filing of the complaint.

Objection to Case Differentiation | 30 Days

Judge Donald E. ScaglioneWARNING

The quote names a 20-day period for objections to pleadings but does not say who must act or what they must do.

Objections to Pleadings | 20 Days

Judge Donald E. ScaglioneWARNING

The meeting before the pretrial conference must occur 10 days before the pretrial.

Date of Meeting Prior to Pretrial Conference | 10 days before the pretrial

Judge Donald E. ScaglioneWARNING

Parties contemplating trial technology must contact Court Technology at least 7 days before trial.

Deadline to contact Court Technology if use of trial technology is contemplated | 7 days before trial.

Judge Donald E. ScaglioneWARNING

The presiding judge may change the order's deadlines at any time to assist in closing the case.

6. These deadlines are subject to change by the presiding Judge at any time to aid and assist in the closure of the case.

Judge Donald E. ScaglioneWARNING

The clerk requests at least five days to docket electronically filed documents in the computer file.

The clerk requests a minimum of five (5) days to docket E-filed documents to the file (computer file).

Judge Donald E. ScaglioneWARNING

Failure to meet the timely-filing requirement may result in striking pleadings or delaying hearings, with charges assessed against the violating party and possible contempt for an intent to delay.

Failure to adhere to timely filing requirement could/should/would result in the striking of pleadings and/or delay of hearings – charged to the violating party and could be contemptable if the Court deems intent to delay.

Judge Donald E. ScaglioneWARNING

All time calculations under the motion-practice order are governed by Florida Rule of Civil Procedure 1.090.

15. Time calculations. All time calculations herein shall be subject to Rule 1.090, Fla. R. Civ. P.

Judge Erin DalyWARNING
Deadline
2 business days

A filer must allow two business days for a response and await the confirmation email before preparing the Notice of Hearing.

Please allow 2 business days for a response to your request and please wait for your confirmation email before preparing your Notice of Hearing.

Judge Erin DalyWARNING

Case law and memoranda should be submitted at least ten days before the scheduled hearing.

The Court desires that these materials be submitted at least ten days prior to the scheduled hearing.

Judge Jason J. NimethWARNING

Physical binders, case law, and memoranda should be sent at least one week before the hearing.

Parties submitting binders, case law, and/or memoranda physically should make sure that the material sent at least one week in advance of the hearing.

Judge Jason J. NimethWARNING

Case law and memoranda should be submitted at least ten days before the scheduled hearing.

The Court desires that these materials be submitted at least ten days prior to the scheduled hearing.

Judge Jason J. NimethWARNING

Physical binders, case law, and memoranda should be sent at least one week before the hearing.

Parties submitting binders, case law, and/or memoranda physically should make sure that the material sent at least one week in advance of the hearing.

Judge Jason J. NimethWARNING

Within 120 days after the case is filed, the Court will issue its civil case-management and motion-practice orders unless the parties submit the specified stipulated orders.

Within 120 days of the filing of the case, the Court will issue a Differentiated Civil Case Management Order and Order Establishing Motion Practice Procedures OR the parties may file a Stipulated Civil Case Management Order and a proposed Order Approving Stipulated Civil Case Management Order.

Judge Lisa HerndonWARNING

As a recommended practice, the written examination request should be submitted no later than 70 days before the pretrial date.

If examinations under these rules are requested such written request should be made no later than 70 days before the pretrial date to allow time for objections, hearings on same and an opportunity to reset the examination.

Judge Lisa HerndonWARNING

As a recommended practice, the written examination request should be submitted no later than 70 days before the pretrial date.

If examinations under these rules are requested such written request should be made no later than 70 days before the pretrial date to allow time for objections, hearings on same and an opportunity to reset the examination.

Judge Lisa HerndonWARNING

Within 120 days after the case is filed, the Court will issue its civil case-management and motion-practice orders unless the parties submit the specified stipulated orders.

Within 120 days of the filing of the case, the Court will issue a Differentiated Civil Case Management Order and Order Establishing Motion Practice Procedures OR the parties may file a Stipulated Civil Case Management Order and a proposed Order Approving Stipulated Civil Case Management Order.

Judge Lisa HerndonWARNING
Deadline
10 calendar days

Probate proposed orders are held for 10 days pending all documentation, after which the submitted materials may be destroyed.

Proposed orders received will be held for ten (10) days pending receipt of all applicable documentation. After that time, the documents submitted with the cover letter may be destroyed.

Judge Mary P. HatcherWARNING
Deadline
3 business days

The Clerk has three business days to accept an order e-filed from the judge’s office.

The Clerk’s office has 3 business days to accept the e-filing of an order from the Judge’s office.

Judge Mary P. HatcherWARNING

Failure to respond within the allowed time may be sufficient cause for granting the motion by default.

Failure to respond within the time allowed may be deemed sufficient cause for granting the motion by default.

Judge Peter M. BrighamWARNING

If a party has no objections and will not file a responsive memorandum, counsel must file written notice of no objection with the court clerk within ten days of service.

If a party has no objections to a motion and does not intend to file a responsive memorandum, counsel shall file, withing ten days of service of said motion, written notice of no objection with the Clerk of the Court so indicating.

Judge Peter M. BrighamWARNING

Failure to respond within the allowed time may be sufficient cause for granting the motion by default.

Failure to respond within the time allowed may be deemed sufficient cause for granting the motion by default.

Judge Peter M. BrighamWARNING

If a party has no objections and will not file a responsive memorandum, counsel must file written notice of no objection with the court clerk within ten days of service.

If a party has no objections to a motion and does not intend to file a responsive memorandum, counsel shall file, withing ten days of service of said motion, written notice of no objection with the Clerk of the Court so indicating.

Judge Peter M. BrighamWARNING

A written request for an examination under the stated rules should be made no later than 70 days before the pretrial date.

If examinations under these rules are requested such written request should be made no later than 70 days before the pretrial date to allow time for objections, hearings on same and an opportunity to reset the examination.

Judge Robert W. HodgesWARNING

A written request for an examination under the stated rules should be made no later than 70 days before the pretrial date.

If examinations under these rules are requested such written request should be made no later than 70 days before the pretrial date to allow time for objections, hearings on same and an opportunity to reset the examination.

Judge Robert W. HodgesWARNING

Time calculations under the standing order are governed by Florida Rule of Civil Procedure 1.090.

All time calculations herein shall be subject to Rule 1.090, Fla. R. Civ. P.

Judge Stacy M. YoumansWARNING
Deadline
10 calendar days

Hearing materials should be submitted at least ten days before the scheduled hearing.

The Court desires that all materials be submitted at least ten days prior to the scheduled hearing to allow for review.

Judge Timothy McCourtWARNING

The Court prefers that case law and hearing memoranda be submitted at least five days before the hearing.

The Court desires that these materials be submitted at least 5 days prior to the scheduled hearing.

Judge Benjamin M. BoylstonINFO

After receiving notice that a reply is needed, the court will defer its ruling for five days while awaiting the reply.

The Court will defer ruling for 5 days awaiting receipt of the reply.

Judge Don BarbeeINFO

The court may consider and determine emergency motions at any time in its discretion.

17. Emergency motions. Motions of an emergency nature may be considered and determined by the Court at any time in its discretion.

Judge Erin DalyINFO

The court prefers hearing materials to be submitted at least ten days before the scheduled hearing so they can be reviewed.

The Court desires that all materials be submitted at least ten days prior to the scheduled hearing to allow for review.

Judge Shanae L. PickensINFO

The Court may consider and determine emergency motions at any time within its discretion.

Motions of an emergency nature may be considered and determined by the Court at any time in its discretion.

Judge Stacy M. YoumansINFO
Deadline
24 hours

The judicial assistant should be allowed 24 hours to respond to an email and may not provide legal advice.

Response to Inquiries: The judicial assistant is not authorized to provide legal advice. Please allow the judicial assistant 24 hours to respond to your email.

Judge Thomas R. EinemanINFO

Ten days should be allowed for orders to be processed.

Other Communication Procedures: Please allow 10 days for orders to be processed.

Judge Thomas R. EinemanINFO
Common questions about Florida 5 Judicial Circuit (Citrus, Hernando, Lake, Marion, Sumter) filing timing and cure windows rules

When is a filing treated as filed in Florida 5 Judicial Circuit (Citrus, Hernando, Lake, Marion, Sumter)?

The rule addresses filing timing, filing status, or cure windows. When opposing counsel objects and intends to submit a competing order, the proposed order must be submitted immediately.

View ruleSource: page 1, section Procedures for Submitting Orders

When is a filing treated as filed in Florida 5 Judicial Circuit (Citrus, Hernando, Lake, Marion, Sumter)?

The rule addresses filing timing, filing status, or cure windows. Case law and exhibits must be emailed to swaldron@circuit5.org at least five business days before the hearing.

View ruleSource: page 2, section Submission of Hearing Materials

When is a filing treated as filed in Florida 5 Judicial Circuit (Citrus, Hernando, Lake, Marion, Sumter)?

The rule addresses filing timing, filing status, or cure windows. All motions in limine must be filed at least 45 days before trial unless the court grants an extension.

View ruleSource: page 4, section STANDING PROCEDURES FOR MOTIONS IN LIMINE IN CIVIL CASES

When is a filing treated as filed in Florida 5 Judicial Circuit (Citrus, Hernando, Lake, Marion, Sumter)?

The rule addresses filing timing, filing status, or cure windows. A continuance motion must be filed promptly after good cause first appears.

View ruleSource: page 3, section Rule 1.460 CONTINUANCES MOTIONS TO CONTINUE TRIAL

When is a filing treated as filed in Florida 5 Judicial Circuit (Citrus, Hernando, Lake, Marion, Sumter)?

The rule addresses filing timing, filing status, or cure windows. Evidence exceeding 50 pages must be mailed 15 days before a virtual hearing to the court at the stated address.

View ruleSource: page 1, section Submitting Evidence