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

CRITICAL

Applies to

Motion to appear by zoom

Must include

proposed order

A hearing of one hour or less may be held by Zoom if all parties agree; otherwise it must be in person, and a motion and proposed order are required to seek a Zoom appearance.

Generally, any hearing scheduled for 1 hour or less may be conducted via Zoom if all parties agree. If all parties do not agree, an in-person hearing will be required and a motion and proposed order to appear by Zoom will be required.

CRITICAL

Applies to

Order

Every order must include the specified “DONE AND ORDERED” language above the Judge’s signature block.

ALL ORDERS SHALL CONTAIN THE FOLLOWING LANGUAGE ABOVE THE JUDGE’S SIGNATURE BLOCK: DONE AND ORDERED in Chambers, DeFuniak Springs, Walton County, Florida.

CRITICAL

Applies to

Motion to appear by zoom

Must include

proposed order

Final hearings and trials are in person; a party seeking to have anyone appear by Zoom must submit a motion and proposed order.

All Final Hearings/Trials will be in person. If a party seeks to have anyone appear via Zoom a motion and proposed order to appear by Zoom will be required.

CRITICAL

Applies to

Notice of hearing

A notice of hearing for a Zoom hearing must include the Court’s Zoom ID.

If the hearing is scheduled to occur via Zoom, the notice must contain the Court’s Zoom ID.

CRITICAL

Applies to

Client consent to withdraw or substitute counsel

For withdrawal or substitution of counsel, the client’s written consent must be filed with the Clerk, and opposing counsel, if any, must have no objection.

Procedures for Motions to Withdraw/Substitution Of Counsel: In accordance with Florida Rule of General Practice and Judicial Administration 2.505, written consent of the client must be filed with the Clerk of Court and opposing counsel (if any) must have no objection to the withdrawal/substitution.

CRITICAL

Applies to

Notice of cancellation

A notice of cancellation must be filed to cancel a hearing.

Cancelling Hearings: To cancel a hearing, the Court’s judicial assistant must be immediately notified via e-mail and a notice of cancellation must be filed.

CRITICAL

Applies to

Courtesy submission pdf

The courtesy PDF must contain a table of contents.

The PDF must be searchable, contain a table of contents, and bookmarks for each item.

CRITICAL

Applies to

Uncontested dissolution submission

If the case meets procedural criteria for an uncontested dissolution of marriage as determined by the Family Law Case Manager, the Special Affidavit for Uncontested Dissolution of Marriage with No Hearing and Notice of Filing Special Affidavit for Uncontested Dissolution of Marriage shall be provided to the petitioner and/or counter-petitioner for filing.

If the case meets procedural criteria for an uncontested dissolution of marriage as determined by the Family Law Case Manager, the Special Affidavit for Uncontested Dissolution of Marriage with No Hearing and Notice of Filing Special Affidavit for Uncontested Dissolution of Marriage shall be provided to the petitioner and/or counter-petitioner for filing.

CRITICAL

Applies to

Uncontested dissolution submission

Must include

proposed order

In qualifying represented cases, the Special Affidavit and Notice must be filed, and the proposed Final Judgment and Attorney Checklist must be submitted to the assigned judge.

If the case meets procedural criteria for an uncontested dissolution of marriage, the Special Affidavit for Uncontested Dissolution of Marriage with No Hearing and Notice of Filing Special Affidavit for Uncontested Dissolution of Marriage shall be filed and a proposed Final Judgment of Dissolution of Marriage along with the Attorney Checklist for Uncontested Dissolution of Marriage Without Hearing (Check List) attached hereto as Exhibit “C” shall be submitted to the assigned Circuit Judge according to the Notice and other provisions below.

CRITICAL

Applies to

Proposed order

Below the signature line, include “Copies provided to:” and list recipients’ names and email or mailing addresses as applicable; generic recipient descriptions are insufficient.

Below the judge’s signature line, please include the words “Copies provided to:” and list the names and email addresses of all persons who are to receive a copy of the order through the E-Filing Portal. Please also list the names and mailing addresses of all persons who have been excused from email service or are otherwise required to be provided a copy by regular mail. Merely stating “all parties registered in the e-portal” or “all counsel of record” is not sufficient.

CRITICAL

Applies to

Notice of hearing

A notice of hearing involving a remote appearance must include Judge Clark’s Zoom information.

A notice of hearing involving any remote appearance must include Judge Clark’s Zoom information (See Section C below).

CRITICAL

Applies to

Attorney checklist

The checklist requires certification that all documents required for entry of a Final Judgment without hearing have been filed with the Clerk of Court.

The undersigned certifies that all documents required for entry of a Final Judgment of Dissolution of Marriage without hearing have been filed with the Clerk of Court.

CRITICAL

Applies to

Motion

A party seeking to present testimony through Zoom must file a written motion showing good cause and stating whether the opposing party objects.

If a party wishes to present testimony through Zoom, the party must file a written motion setting forth good cause and specifically stating whether the opposing party objects.

CRITICAL

Applies to

Exhibits

Bring enough copies of each exhibit for the Clerk, the court, and each party to review at the hearing or trial.

All attorneys and pro se 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

Checklist

Before submitting any Final Judgment, the attached Check List must identify every filed document by its Document Identification Number.

Prior to submission for entry of any Final Judgment of Dissolution of Marriage, all documents filed must be reflected on the attached Check List by a Document Identification Number (DIN) to ensure that all documents are available on the Clerk’s progress docket.

CRITICAL

Applies to

Motion

An emergency-hearing request must be made by a sworn, detailed motion stating the emergency facts, issues, need for emergency hearing, and presentation time for each party.

If a party believes there is a factual basis for setting an emergency hearing, a sworn, detailed motion setting forth the following must be filed: (1) the facts constituting an emergency, (2) the issues to be resolved, (3) reasons why an emergency hearing is necessary, and (4) the amount of time needed for each party’s presentation.

CRITICAL

Applies to

Attorney checklist

The Certificate of Counsel requires the attorney to certify review of the case, the correctness of the checklist, and procedural propriety for entry of judgment without a hearing.

The undersigned certifies that he/she has reviewed this case, all entries on the above checklist are correct, and this case is procedurally proper for the entry of a Final Judgment of Dissolution of Marriage without the necessity of a hearing.

CRITICAL

Applies to

Attorney checklist

The attorney checklist must be completed and accompany the proposed Final Judgment of Dissolution of Marriage.

This form must be completed and accompany the proposed Final Judgment of Dissolution of Marriage which may be submitted to Court electronically after 20 days from that date petition filed.

CRITICAL

Applies to

Notice of hearing

Every notice of hearing must contain the required ADA notification.

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

CRITICAL

Applies to

Special affidavit

The affidavit states that either a photocopy of a party’s Florida driver’s license or an Affidavit of Corroboration Witness has been filed.

A photocopy of a party’s Florida Driver’s license or in the alternative an Affidavit of Corroboration Witness has been filed.

CRITICAL

Applies to

Notice for trial

To request a civil trial setting, file a notice for trial and email a courtesy copy to the Judicial Assistant.

To request that a case be set for trial, please file a notice for trial and send a courtesy copy to the Judicial Assistant by email (Amanda.Bailey@flcourts1.gov).

CRITICAL

Applies to

Notice of hearing

Must include

certificate of service

A notice of hearing must state the hearing details and duration, identify all matters and relevant filing dates, include specified service information, and include the Okaloosa County ADA notice.

The Notice of Hearing shall include: The date, time (Central Time), and location of the hearing. The total amount of time that has been scheduled for the hearing. The full title of the pleading or motion being heard and the filing date. Please list all pleadings/motions being heard, including those filed by the opposing party. If a response to the motion has been filed, include the title of the response and the filing date. A Certificate of Service listing the name and email address of all opposing counsel and pro se parties (not “all parties registered in the e-portal”). If a pro se party has not designated an email address for service of documents, the method of service upon that party and the address(es) must be listed. The required ADA notice for Okaloosa County must be included. The ADA notice is provided at the bottom of this page.

CRITICAL

Applies to

Special affidavit

The special affidavit includes a declaration under oath and penalty of perjury that the signer has read it and its facts are true.

I, the undersigned, declare under oath and penalty of perjury that I have read this document and the facts stated in it are true.

CRITICAL

Applies to

Final disposition form

The prevailing party must file a final disposition form with the Clerk when filing the order or judgment disposing of the action.

The Florida Rules of Civil Procedure require a final disposition form shall be filed with the Clerk by the prevailing party at the time of the filing of the order or judgment which disposes of the action.

CRITICAL

Applies to

Notice of court appearance

All notices for court proceedings must include the prescribed ADA notice at the end, in 14-point bold Times New Roman or Courier.

all notices for court proceedings include the following notice (as amended by Florida Rule of Judicial Administration 2.540) in either Times New Roman or Courier 14 point bold font.Please include this ADA notice at the end of all notices of court appearances (e.g., Notice of Hearing):

CRITICAL

Attorneys and self-represented litigants must provide an email address for electronic receipt of signed orders unless excused.

All attorneys and self-represented litigants must provide an e-mail address to receive signed orders electronically, unless excused. Fla. R. Gen. Prac. & Jud. Admin. 2.516.

CRITICAL

Applies to

Order

An order disposing of a matter that reopened an action must state, or substantially similarly state, that all pending matters are disposed of and the Clerk must close the action.

All orders disposing of matters that reopened an action must contain the following, or substantially similar, language: "This disposes of all pending matters.The Clerk is directed to close the action."

CRITICAL

Applies to

Proposed order

Provide a final disposition form with a proposed order adopting a settlement.

A final disposition form must be provided with the proposed order adopting the settlement.

CRITICAL

Applies to

Certificate

The attorney must file a Certificate of Compliance proving service on the pro se litigant within five business days.

The attorney shall prepare and file a Certificate of Compliance within five business days as proof of the attorney’s service upon the pro se litigant(s).

CRITICAL

Applies to

Checklist

The moving party must file the attached Check List with the Court before seeking a Final Judgment without a hearing.

To ensure that the Court is presented with a case procedurally postured for the entry of a Final Judgment of Dissolution of Marriage without a hearing, the moving party shall file the Check List, attached hereto as Exhibit “C” with the Court.

CRITICAL

Applies to

Final disposition form

If a civil or family action settles before trial or is dismissed by the parties, the plaintiff or petitioner must immediately file a final disposition form with the Clerk.

If a civil or family law action is settled prior to trial or dismissed by the parties, the plaintiff or petitioner shall immediately file a final disposition form with the clerk.

CRITICAL

Applies to

Motion

A motion to continue must include the statement, “the State or Defense do not object to this Motion to Continue,”.

Motion must include “the State or Defense do not object to this Motion to Continue,”

CRITICAL

Applies to

Motion

Any issue/matter to be considered by Judge Gordon should be presented in the form of a Motion filed with the Clerk of Court with copies provided to all parties of record.

Any issue/matter to be considered by Judge Gordon should be presented in the form of a Motion filed with the Clerk of Court with copies provided to all parties of record.

CRITICAL

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.

CRITICAL

Applies to

Notice

All notices of court proceedings must include the required ADA notice in Times New Roman or Courier, 14-point bold font.

Administrative Order 2015-32 requires that all notices of court proceedings include the following ADA notice (in Times New Roman or Courier, 14-point bold font):

CRITICAL

Applies to

Proposed order

E-file a separate proposed order for each case number when an order applies to multiple cases.

If a proposed Order applies to multiple case numbers, separate proposed Orders must be e-filed for each case number.

CRITICAL

Applies to

Notice of hearing

A notice of hearing involving a remote appearance must list the judicial Zoom credentials.

A notice of hearing involving any remote appearance must list the judicial Zoom credentials.

CRITICAL

Applies to

Motion

Must include

proposed order

A motion to continue submitted to the court must be unopposed and accompanied by a proposed order.

Only unopposed Motions to Continue and proposed Orders are to be submitted to the Court.

CRITICAL

Applies to

Proposed order

A hearing-related proposed order must include a cover letter or email statement confirming agreement, or identifying any disagreement about the proposed order.

The proposed order must be accompanied by a cover letter certifying that all parties agree to the contents/language of the order or in the body of the email, or a statement identifying any disagreement of the parties as to the proposed order.

CRITICAL

Applies to

Discovery motion

The court may sua sponte deny a discovery-dispute motion that lacks an appropriate and complete Certificate of Compliance.

As to discovery dispute motions in particular, the Court may sua sponte deny motions that fail to include an appropriate and complete Certificate of Compliance.

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

Emergency hearing motion

A party seeking an emergency hearing based on a factual basis must file a detailed motion identifying the issues, why emergency treatment is necessary, and the presentation time needed for each party.

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.

CRITICAL

Applies to

Notice of hearing

Immediately after reserving hearing time, the notice of hearing must be filed and served, and a courtesy copy must go to the judicial assistant.

The Notice of Hearing must be filed and served immediately after reserving hearing time with a courtesy copy to the judicial assistant.

CRITICALCivil cases

Applies to

Final hearing request email

The final hearing or non-jury trial request email must use the specified subject line, attach the e-filed notice, and state the requested hearing length in its body.

Email Subject Line: Petitioner’s Name v. Respondent’s Name – Case Number – Non-Jury Trial/Final Hearing Request Attachment: A copy of the e-filed Notice of Non-Jury Trial Email Requirements: The body of the email must include the amount of time requested for the hearing.

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

Notice of cancellation

After the court confirms a hearing cancellation, the parties must prepare a notice of cancellation, file it promptly, and serve all parties.

Once confirmed, the parties are responsible for preparation of a notice of cancellation that will need to be filed promptly and served on all parties.

CRITICAL

Applies to

Notice of hearing

A notice of hearing for a remote appearance must list the judicial Zoom credentials.

A notice of hearing involving any remote appearance must list the judicial Zoom credentials.

CRITICAL

Applies to

Notice for trial

To set a case for trial, file a notice for trial and email the Judicial Assistant for a Case Management Conference.

File a notice for trial and email Judicial Assistant for a Case Management Conference.

CRITICAL

Attorneys and self-represented litigants must update their contact information on Form 2.603 whenever their registered electronic-service email changes.

It is the responsibility of attorneys and self-represented litigants to update their contact information using Form 2.603 any time there is a change in the e-mail account registered for electronic service.

CRITICAL

Applies to

Proposed order

Each proposed order must include a cover letter certifying agreement by all parties or identifying any disagreement.

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.