First Judicial Circuit of Florida, Escambia, Okaloosa, Santa Rosa and Walton Counties Pre-Motion Conference Requirements

CRITICAL

A required conference must be a substantive, good-faith in-person or telephone conversation; exchanging emails, faxes, or letters is not enough.

a. The term “confer” as used herein, means a substantive conversation either in person or by telephone in a good faith effort to resolve the motion without court action and does not envision an exchange of ultimatums by email, fax, or letter.

CRITICAL

A party alleging failure to state a cause of action must confer before moving to dismiss and, if requested, stipulate to an order allowing a curative amended pleading instead of the motion.

d. A party alleging that a pleading fails to state a cause of action will confer with counsel for the opposing party before moving to dismiss, and, upon request of the other party will stipulate to an order permitting the filing of a curative amended pleading in lieu of filing a motion to dismiss.

CRITICAL

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”).

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

Before filing a motion, the moving party generally must confer in good faith with opposing counsel, using a substantive in-person or telephone conversation, and provide a complete certificate documenting the conference and its results.

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.”) a. The term “confer” as used herein, means a substantive conversation either in person or by telephone in a good faith effort to resolve the motion without court action and does not envision an exchange of ultimatums by email, fax, or letter. Certification that counsel has attempted to confer with opposing counsel is not sufficient. The court may sua sponte deny motions that fail to include an appropriate and complete certificate under this section. b. The certificate shall set forth the date of the conference, the names of the participating attorneys, and the specific results achieved. It shall be the responsibility of counsel for the movant to arrange for the conference. Counsel is expected to respond promptly to inquiries and communication from opposing counsel. Repeated failure or refusal of a party or attorney to so confer should be set out with specificity in the certificate.

CRITICAL

A required conference must be a substantive, good-faith in-person or telephone conversation; email, fax, or letter exchanges and certification of an attempt alone are insufficient, and an incomplete certificate may result in denial.

a. The term “confer” as used herein, means a substantive conversation either in person or by telephone in a good faith effort to resolve the motion without court action and does not envision an exchange of ultimatums by email, fax, or letter. Certification that counsel has attempted to confer with opposing counsel is not sufficient. The court may sua sponte deny motions that fail to include an appropriate and complete certificate under this section.

CRITICAL

Before moving to dismiss for failure to state a cause of action, the party must confer with opposing counsel and, if requested, stipulate to an order allowing a curative amended pleading instead of the motion.

d. A party alleging that a pleading fails to state a cause of action will confer with counsel for the opposing party before moving to dismiss, and, upon request of the other party will stipulate to an order permitting the filing of a curative amended pleading in lieu of filing a motion to dismiss.

CRITICAL

Before moving to dismiss for failure to state a cause of action, the party must confer and, if requested, stipulate to an order permitting a curative amended pleading instead of the motion.

d. A party alleging that a pleading fails to state a cause of action will confer with counsel for the opposing party before moving to dismiss, and, upon request of the other party will stipulate to an order permitting the filing of a curative amended pleading in lieu of filing a motion to dismiss.

CRITICAL

Before filing a motion, the moving party must confer in good faith with opposing counsel and include a certificate stating that the parties could not resolve the motion, subject to the stated exceptions.

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

A conference requires a substantive, good-faith in-person or telephone conversation aimed at resolving the motion without court action; merely attempting to confer or exchanging written ultimatums is insufficient.

The term "confer" requires a substantive conversation, in person or by telephone, in a good faith effort to resolve the motion without court action and does not envision a written exchange of ultimatums. Counsel who merely attempt to confer have not conferred.

CRITICALCivil cases

Dispositive motions must be set for hearing before the pretrial conference on a date cleared with the Court’s judicial assistant and opposing counsel.

All dispositive motions will be filed by ________________ (DATE TO BE AGREED TO BY ATTORNEYS) and set for hearing before the Court on a date cleared with the Court’s Judicial Assistant and opposing counsel on a date prior to the pretrial conference.

CRITICALCivil cases

Motions in limine must be heard no later than the pretrial conference.

Motions in limine will be heard at or before the pretrial conference.

CRITICALCivil cases

Counsel must meet and confer under Rule 1.202 before setting hearings on motions.

ALL COUNSEL ARE DIRECTED FOLLOW THE PROVISIONS OF Fla.R.Civ.P. Rule 1.202 “Conferral Prior to Filing Motions” TO MEET AND CONFER PRIOR TO SETTING HEARINGS.

CRITICALCivil cases

Hearings on the Plaintiff’s Daubert-based expert-qualification objections must be set at least 45 days before the pretrial conference.

Objections to Expert witness qualifications based upon Daubert v. Merrell Dow Pharm., Inc., 509 U.S. 579, 113 S.Ct. 2786, 125 L.Ed.2d 469 (1993) SHALL BE SET TO BE HEARD NOT LESS THAN FORTY-FIVE (45) DAYS BEFORE THE PRE-TRIAL CONFERENCE.

CRITICALCivil cases

Hearings on the Defendant’s Daubert-based expert-qualification objections must be set at least 30 days before the pretrial conference.

Objections to Expert witness qualifications based upon Daubert v. Merrell Dow Pharm., Inc., 509 U.S. 579,113 S.Ct. 2786, 125 L.Ed.2d 469 (1993) SHALL BE SET FOR HEARING NOT LESS THAN THIRTY (30) DAYS BEFORE THE PRE-TRIAL CONFERENCE.

CRITICAL

Additional motions may be added to a hearing only if opposing counsel or parties do not object and adequate additional time is available.

Adding additional motions is not possible unless there are no objections by opposing counsel/parties to doing so and adequate additional time is available.

CRITICALCivil cases

Hearings on protective-order, compel, summary-judgment, Daubert, and other matters requiring a hearing must be set before the pretrial conference, with the time cleared with all parties and the Court.

The Parties shall, however, set any other matters (including, but not limited to, motions for protective order, motions to compel, motions for summary judgment, and Daubert motions) for which a hearing is required on a date prior to PRE-TRIAL CONFERENCE DATE, WHERE SUCH HEARING TIME IS SET AND CLEARED WITH ALL PARTIES AND THE COURT.

CRITICAL

The parties must participate in mediation unless the Court waives it.

Mediation is required unless otherwise waived by the Court.

CRITICAL

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

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

CRITICAL

A required conferral must be a substantive, good-faith in-person or telephone conversation aimed at resolving the motion, not an exchange of written ultimatums.

The term "confer" requires a substantive conversation, in person or by telephone, in a good faith effort to resolve the motion without court action and does not envision written exchange of ultimatums.

CRITICAL

An unanswered phone call or email does not count as a conferral.

An unanswered phone call or email is not a conferral.

CRITICAL

A mere attempt to confer does not satisfy the conferral requirement.

Counsel who merely attempt to confer have not conferred.

CRITICAL

A hearing is required if the client has not signed consent or opposing counsel objects to the withdrawal.

If the client has not signed consent and/or opposing counsel has an objection to the withdrawal, a hearing is required.

CRITICAL

The moving party must schedule a hearing; the motion must first be filed with the Clerk, and filing alone does not calendar it before the judge.

Merely filing a motion or petition with the Clerk does not bring the matter before the judge.It is the moving party’s responsibility to schedule the motion for a hearing with the judge’s office.Prior to contacting the judge’s office to schedule a hearing, the motion must be filed with the Clerk.

CRITICAL

Attorneys and pro se litigants must attend a case management conference unless excused by the Court in advance.

Unless excused by the Court in advance, attendance at a CMC is mandatory for attorneys and pro se litigants.

WARNING

A statement that counsel merely attempted to confer is insufficient, and the Court may deny a motion sua sponte if its certificate is not appropriate and complete.

a. The term “confer” as used herein, means a substantive conversation either in person or by telephone in a good faith effort to resolve the motion without court action and does not envision an exchange of ultimatums by email, fax, or letter. Certification that counsel has attempted to confer with opposing counsel is not sufficient. The court may sua sponte deny motions that fail to include an appropriate and complete certificate under this section.

WARNING

If the State or Defense objects, the motion to continue will be heard on the Pretrial/Docket Day.

If the State or Defense objects to the continuance, the Motion to Continue will be heard on the Pretrial/Docket Day.

WARNING

The conference and certificate requirements do not apply to appropriate ex parte, uncontested, judgment-on-the-pleadings, summary-judgment, or other dispositive motions.

c. No conference, therefore no certificate, is required for appropriate ex-parte motions, uncontested motions, judgment on the pleadings, summary judgment, or other dispositive motions.

WARNING

The Court strongly encourages parties to meet and confer when possible, in addition to complying with Florida Rule of Civil Procedure 1.202.

In addition to complying with the terms of Fla. R. Civ. P. 1.202, the Court strongly encourages the parties to meet and confer when possible.

WARNING

Remediation may be required if a case has mediated more than one year prior to trial.

Remediation may be required if a case has mediated more than one year prior to trial.

WARNING

When a party is represented, only the attorney is required to appear at a case management conference.

If a party is represented by an attorney, only the attorney is required to appear at a CMC.

WARNING

A meet-and-confer requires a substantive, good-faith in-person or telephone conversation aimed at resolving the motion; an exchange of written ultimatums or an unsuccessful attempt alone is insufficient.

MEET AND CONFER: The term "confer" requires a substantive conversation, in person or by telephone, in a good faith effort to resolve the motion without court action and does not envision a written exchange of ultimatums. Counsel who merely attempt to confer have not conferred.

WARNING

The court strongly encourages parties to meet and confer when possible, in addition to complying with Florida Rule of Civil Procedure 1.202.

In addition to complying with the terms of Fla. R. Civ. P. 1.202, the Court strongly encourages the parties to meet and confer when possible.

INFO

Any party may request a status conference when the case requires one.

Any party may request a status conference when a case requires.

INFO

Any party may request a case management conference when the case requires one.

Any party may request a case management conference (CMC) when a case requires.

INFO

The court strongly encourages early case management conferences in complex, multiparty, or intervention-benefiting cases.

The court strongly encourages the early use of CMC in more complex cases, multiple-party litigation, or any case that might benefit from court intervention.

INFO

The conference and certificate requirements do not apply to appropriate ex parte, uncontested, judgment-on-the-pleadings, summary-judgment, or other dispositive motions.

c. No conference, therefore no certificate, is required for appropriate ex-parte motions, uncontested motions, judgment on the pleadings, summary judgment, or other dispositive motions.

INFO

A party may request a case management conference when the case requires one.

Any party may request a case management conference (CMC) when a case requires.