First Judicial Circuit of Florida, Escambia, Okaloosa, Santa Rosa and Walton Counties Document Filing Requirements

CRITICAL

Applies to

Certificate of conference

Must include

certificate of conference

The certificate must state the conference date, the participating attorneys’ names, and the specific results achieved.

The certificate shall set forth the date of the conference, the names of the participating attorneys, and the specific results achieved.

CRITICAL

Applies to

Hearing material

Under the Documents tab, please click “Hearing Materials – JUDGE DUNCAN ONLY” to attach and submit any documents that counsel would like to present for judicial review (i.e. caselaw or proposed exhibits). All submissions must be titled with the date of hearing and party.For example, 01/01/26 Plaintiff or Defendant-John Doe if more than one defendant.

Under the Documents tab, please click “Hearing Materials – JUDGE DUNCAN ONLY” to attach and submit any documents that counsel would like to present for judicial review (i.e. caselaw or proposed exhibits). All submissions must be titled with the date of hearing and party.For example, 01/01/26 Plaintiff or Defendant-John Doe if more than one defendant.

CRITICAL

Applies to

Motion

Must include

certificate of conference

A motion must contain a certificate stating that the moving party conferred with opposing counsel and that counsel could not agree on a resolution.

Before filing any motion, except as noted in paragraph c, the moving party shall confer with counsel for the opposing party in a good faith effort to resolve the issues raised by the motion, and the motion shall contain a statement certifying that the moving party has conferred with opposing counsel and that counsel have been unable to agree on the resolution of the motion (the “Certificate”).

CRITICAL

Applies to

Notice of hearing

The Notice of Hearing must note the efforts made to coordinate the hearing.

Efforts to coordinate the hearing must be noted on the Notice of Hearing.

CRITICAL

Applies to

Proposed order scheduling non jury trial

The proposed non-jury trial scheduling order must include the date, time, and ZOOM information provided in the confirmation email.

After scheduling you must e-file a proposed Order Scheduling Non-Jury Trial, including the date/time/ZOOM information provided in the email confirmation.

CRITICAL

Applies to

Original foreclosure documents

File the original note and mortgage with the Clerk of Courts before scheduling a foreclosure summary-judgment motion or non-jury trial.

All originals documents (i.e.. note and mortgage) must be filed with the Clerk of Courts Prior to scheduling a Motion for Summary Judgment or Non-Jury Trial in a foreclosure case.

CRITICAL

Applies to

Notice for readiness for trial

File a Notice for Readiness for Trial when the case is ready to be set for a jury or judge trial.

Please file a Notice for Readiness for Trial once the case is ready to be set for a Jury/Judge trial.

CRITICAL

Applies to

Proposed order

Do not include a certificate of service for the judicial assistant to complete.

Do not include a certificate of service to be completed by the judicial assistant.

CRITICAL

Applies to

Summary judgment motion

The moving party must file its supporting factual position under subdivision (1) when it files a summary-judgment motion.

At the time of filing the motion for summary judgment, the moving party must file its supporting factual position s provided in subdivision (1) of the rule.

CRITICALCivil cases

Applies to

Pretrial stipulation

The pre-trial stipulation must summarize the action, parties, and each party’s contentions in a form that apprises the jury of the claims to be tried.

A concise factual statement of the nature of the action, identity of the parties as they relate to the action, and a brief general statement of each party's case or contention.Thestatementshallbe in such form andcontain suchnecessary information for the Court to read to and apprise the jury of the claims to be tried, including any Counter-Claims, Cross-Claims, or Third-Party Claims:

CRITICAL

Applies to

Case management conference

A non-jury trial expected to last more than three hours requires a Case Management Conference to set the trial.

Non-jury trials over three hours must schedule a CMC to set the trial.

CRITICALCivil cases

Applies to

Pretrial stipulation

The pre-trial stipulation must list all potential trial witnesses, including impeachment and rebuttal witnesses, with each witness’s name, address, and telephone number.

A complete list of witnesses, including anticipated impeachment and rebuttal witnesses, specifying the name, address, and telephone number of each from whom testimony may be presented at trial:

CRITICALCivil cases

Applies to

Exhibit index

An exhibit index must be furnished to the Clerk of Court immediately before trial.

An index to the exhibits shall be furnished to the Clerk of Court immediately prior to trial

CRITICALCivil cases

Applies to

Pretrial stipulation

At least 10 days before the pretrial conference, counsel and unrepresented parties must meet and confer and file a pretrial stipulation in the Court’s form.

Not less than ten (10) days prior to the pre-trial conference scheduled for _________________, all counsel for the parties, and each unrepresented party shall have met and conferred and SHALL FILE a Pre-trial Stipulation in the form provided by the Court.

CRITICALCivil cases

Applies to

Stipulation

Attorneys filing the readiness stipulation must certify good faith and acknowledge that the Court will not entertain further motions before jury selection that affect jury selection or admissibility of evidence or testimony.

The attorneys shall certify they are filing the stipulation in good faith and understand THE COURT WILL NOT ENTERTAIN ANY FURTHER MOTIONS PRIOR TO JURY SELECTION IMPACTING JURY SELECTION OR ADMISSIBILITY OF EVIDENCE OR TESTIMONY.

CRITICAL

Applies to

Proposed order cover letter

All proposed orders should be e-filed through the proposed order portion of the Florida Courts E-Filing Portal with a cover letter under separate cover advising that all parties agree to the contents/language of the proposed order.

All proposed orders should be e-filed through the proposed order portion of the Florida Courts E-Filing Portal with a cover letter under separate cover advising that all parties agree to the contents/language of the proposed order.

CRITICALCivil cases

Applies to

Witness disclosure

The Defendant’s witness disclosure must identify trial fact witnesses, include any interrogatory answers counsel seeks to offer, and identify each expert and area of expertise.

a list of all fact witnesses expected to be called to testify in person or by deposition at the trial of this cause, as well as any answers to written interrogatories which counsel desire to introduce in evidence, denoting any expert witness and the area of expertise.

CRITICAL

Applies to

Case management conference

A Case Management Conference is required to obtain a firm trial date.

Case Management Conferences (CMCs) are required to get a firm trial date.

CRITICALCivil cases

Applies to

Pretrial stipulation

A statement regarding objections to any proposed jury instructions and the verdictform:

A statement regarding objections to any proposed jury instructions and the verdictform:

CRITICALCivil cases

Applies to

Pretrial stipulation

The pre-trial stipulation must identify objections to specific portions of depositions, testimony, or video exhibits that may be offered at trial.

A statement reflecting objections to specific portions of depositions, testimony, or videoexhibits which may beofferedin evidence attrial:

CRITICAL

Applies to

Exhibits

Attorneys and self-represented litigants must bring enough copies of each exhibit for the clerk, Court, and every party to review at the hearing or trial.

All attorneys and self-represented litigants must bring sufficient copies of each exhibit for the clerk, the Court, and each party to review during the hearing or trial.

CRITICAL

Applies to

Mediation waiver motion

Mediation is required unless the Court waives it by motion and order.

Mediation is required unless otherwise waived by the Court by motion and order.

CRITICALCivil cases

Applies to

Pretrial stipulation

The pre-trial stipulation must concisely identify the issues or facts that remain to be litigated.

Aconcisestatementofthose issues orfactswhich remaintobe litigated:

CRITICALCivil cases

Applies to

Exhibit list

The trial exhibit disclosure must be an itemized list with a copy of each exhibit attached.

an itemized list of all exhibits intended to be offered in evidence at the trial of this cause, with a copy of each such exhibit attached thereto.

CRITICALCivil cases

Applies to

Pretrial stipulation

The pre-trial stipulation must concisely state the facts admitted and requiring no proof at trial.

A concise statement of those facts which are admitted and will require noproof at trial:

CRITICAL

Applies to

Withdrawal

An attorney withdrawing from a case and leaving a party unrepresented must help the former client register an email address, provide the applicable instructions, and warn about the risk of missed filings if the address is not kept current.

When an attorney is permitted to withdraw leaving a party unrepresented, the attorney shall assist the former client with instructions on how to register their email address and provide a link to any unrepresented to these directions and operating procedures. The withdrawing attorney shall also warn their former client that failure to register their email address and keep it current may result in them not receiving court filings in their case.

CRITICALCivil cases

Applies to

Pretrial stipulation

The pre-trial stipulation must list any undisposed matters to be heard at the pre-trial conference.

Alistofanyundisposed matters tobe heardatthe Pre-Trial Conference:

CRITICAL

Applies to

Proposed order cover letter

A proposed order disputed by the parties must include a cover letter identifying their disagreements about the order.

The proposed order must be accompanied by a cover letter with a statement identifying any disagreement of the parties as to the proposed order.

CRITICAL

Applies to

Hearing request

Must include

certificate of conference

A hearing will not be set unless the required certificate is provided.

A hearing will not be set without the required certificate.

CRITICAL

Applies to

Hearing notice

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

Hearing notices must contain the Americans with Disabilities Act (ADA) notification required by Florida Rule of General Practice and Judicial Administration 2.540.

CRITICALCivil cases

Applies to

Pretrial stipulation

The pretrial stipulation must concisely state the Plaintiff’s claims and Defendant’s defenses and list all agreed facts the jury need not decide.

The Pre-trial stipulation shall include a short, concise statement of the claims made by the Plaintiff and the defense(s) made by the Defendant. Additionally, the Pre-Trial Stipulation shall include a list of all facts to which all the parties have agreed and which, therefore, the jury will not be asked to decide.

CRITICAL

Applies to

Summary judgment response

The non-moving party’s summary-judgment response must include its supporting factual position under subdivision (1).

The non-moving party has forty (40) days after service of the motion for summary judgment in which to file a response that includes the non-moving party’s supporting factual position as provided in subdivision (1) in the rule.

CRITICAL

Applies to

Proposed order

Proposed orders must list the names and email addresses of everyone who needs to receive electronic service of the order.

The proposed orders must include the names and email addresses of all parties who will need to receive e-service of same.

CRITICALCivil cases

Applies to

Transcript designation

A party offering transcript or recorded testimony must identify the pages and lines to opposing counsel and the Court; the opposing party must identify objections and their bases, designate any other portions it offers, and state objections to those portions specifically.

Each party seeking to offer testimony from a transcript or recording shall advise opposing counsel and the Court of the pages and lines of the testimony being so offered. The non-moving party shall note any objections to the testimony to be offered and the basis for the objection (i.e., lack of foundation, relevance, hearsay, speculation, etc.). The non-moving party will indicate any OTHER PORTIONS of the witness’s transcript or recorded testimony it intends to offer with opposing counsel noting any objections with specificity.

CRITICAL

Applies to

Notice for trial or motion for case management conference

A party must file a Notice for Trial or a Motion for Case Management Conference to begin the trial-setting procedure.

A party will file a Notice for Trial or Motion for Case Management Conference.

CRITICAL

Applies to

Emergency hearing motion

Except as provided by Florida Rule of Civil Procedure 1.160, a party seeking an emergency hearing must file a detailed motion identifying the issues, explaining why an emergency hearing is necessary, and stating each party’s presentation time.

Other than as provided in Fla.R.Civ.P. 1.160, 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.

CRITICALCivil cases

Applies to

Notice of hearing

A notice of hearing for any required hearing must specify the remaining motions to be heard.

If a hearing is required, then a Notice of Hearing specifying the remaining motions to be heard shall be filed and forwarded to the Court’s J.A.

CRITICALCivil cases

Applies to

Notice of hearing

The notice of hearing must state which motion or motions are to be heard.

stating the motion(s) to be heard.

CRITICALCivil cases

Applies to

Pretrial stipulation

The pre-trial stipulation must list all exhibits that may be offered at trial and state any objections.

A list of all exhibits which may be offered in evidence at trial, together with a statement of objections ifany:

CRITICALCivil cases

Applies to

Pretrial documents

At least 10 days before the pretrial conference, attorneys must meet and agree on the parties’ exhibit lists, jury instructions, and proposed verdict form.

Not less than ten (10) days prior to that date, Attorneys shall have met and agreed to the Exhibit lists of each party, agreed to a complete set of jury instructions to be read to the jury, as well as to a proposed verdict form.

CRITICAL

Applies to

Motion or pleading

All matters to be considered by the Court should be in the form of a motion or pleading, filed and served on all parties.

All matters to be considered by the Court should be in the form of a motion or pleading, filed and served on all parties.

CRITICALCivil cases

Applies to

Witness disclosure

The Plaintiff’s witness disclosure must identify trial fact witnesses, include any interrogatory answers counsel seeks to offer, and identify each expert and area of expertise.

its list of all fact witnesses expected to be called to testify in person or by deposition at the trial of this cause, as well as any answers to written interrogatories which counsel seeks to introduce into evidence at trial, denoting any expert witness and the area of expertise.

CRITICAL

Applies to

Notice of hearing

A Notice of Hearing must state the date, time, hearing type, document name and sequence number, and hearing location or format.

Notice of Hearings must include the date, time, type of hearing, document name and sequence number (e.g., DN 367,etc.) and location (in-person at the courthouse or Zoom teleconference).

CRITICALCivil cases

Applies to

Pretrial stipulation

Must include

certificate of service

The pre-trial stipulation includes a certificate of service certifying service through the Florida Courts E-Filing Portal and by email to opposing counsel.

CERTIFICATE OF SERVICE I HEREBY CERTIFY that a copy of the foregoing has been served via the Florida Courts E-Filing Portal to ___ALL OPPOSING COUNSEL__, Defuniak Springs, Florida via e-mail to: ____EMAIL ADDRESSES____________;

CRITICALCivil cases

Applies to

Motion for hearing

Must include

certificate of conference

Each motion for hearing, unless exempt from Rule 1.202, must include the specified conferral certification.

EACH MOTION FOR HEARING EXCEPT AS EXEMPTED FROM RULE 1.202 MUST INCLUDE THE FOLLOWING CERTIFICATION,

CRITICALCivil cases

Applies to

Continuance motion

Unless good cause is shown, the requesting party must sign the continuance motion, which must state the opposing party’s position.

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), and opposing party’s position stated in the motion.

CRITICALCivil cases

Applies to

Motion to appear by zoom

A Motion to Appear by Zoom must include the opposing party’s position.

Please include the opposing party’s position in the motion.

CRITICALCivil cases

Applies to

Motion

Any issue to be considered by the judge should be in the form of a motion filed with the Clerk of Court with copies provided to all parties of record.

Any issue to be considered by the judge should be in the form of a motion filed with the Clerk of Court with copies provided to all parties of record.

CRITICAL

Applies to

Case management conference order

After the filing, the Court will set a Case Management Conference by order, and the parties are expected to comply strictly with that order.

Thereafter, a Case Management Conference will be set by order, and the parties are expected to strictly comply with said Order.

CRITICAL

Applies to

Hearing cancellation

Must include

proposed order

Attach a Notice of Cancellation to the cancellation email and include a proposed order if the hearing is cancelled because the pending matter was resolved.

You must cancel hearings by notifying the judicial assistant immediately via email with a courtesy copy of the Notice of Cancellation attached and a proposed order, if the hearing is cancelled due to resolution of the pending matter.