Court Rules

Limits & Logistics

Document Limits

Statement of Material Facts
10 pgs
Statement of Material Facts
5 pgs

Communication

Email
adarequest@jud14.flcourts.org
Phone
(850) 747-5338
Filters:

Page & Word Limits2 rules

Page LimitsMandatoryCivil cases

A. Not exceed ten (10) pages;

Page limit
Up to 10 pages
SUMMARY JUDGMENT PROCEDURES AND TIMELINESpdfa · Oct 2023 · p. 4
|SectionFEDERAL RULE 56.1 MOTIONS FOR SUMMARY JUDGMENT (modified)
Page LimitsMandatoryCivil cases

The additional facts shall be separately titled as “Additional Facts” and may not exceed five (5) pages (beyond the ten(10)-page limit for the opponent’s Statement of Material Facts.

Additional facts
Up to 5 pages
Opponent statement of material facts
Up to 10 pages
SUMMARY JUDGMENT PROCEDURES AND TIMELINESpdfa · Oct 2023 · p. 5
|SectionFEDERAL RULE 56.1 MOTIONS FOR SUMMARY JUDGMENT (modified)

Document Format Requirements1 rule

FormattingMandatoryCivil cases

The pinpoint citations shall reference pages (and line numbers, if appropriate, of exhibits, designate the number and title of each exhibit). When a material fact requires specific evidentiary support, a general citation to an exhibit without a page number or pincite (e.g., “Smith Affidavit” or “Jones Deposition” or “Exhibit A”) is non-compliant.

SUMMARY JUDGMENT PROCEDURES AND TIMELINESpdfa · Oct 2023 · p. 4
|SectionFEDERAL RULE 56.1 MOTIONS FOR SUMMARY JUDGMENT (modified)

Document Filing Requirements37 rules

Filing RequirementsMandatoryCivil cases

A statement of material facts shall be filed with the motion for summary judgment as provided in the attached Modified Rule 56.1.

Filing RequirementsMandatoryCivil cases

At least 20 days before the time fixed for the hearing, the nonmovant must serve a response that includes the nonmovant's supporting factual position as provided in subdivision (1) above.

SUMMARY JUDGMENT PROCEDURES AND TIMELINESpdfa · Oct 2023 · p. 2
|SectionFla. R. Civ. P. 1.510 - SUMMARY JUDGMENT, (c)(5) Timing for Supporting Factual Positions
Filing RequirementsMandatoryCivil cases

A party asserting that a fact is undisputed or genuinely disputed must support the assertion by citing record materials or by showing that the cited materials do not establish the dispute or that the adverse party cannot produce admissible evidence.

Court's wording

A party asserting that a fact cannot be or is genuinely disputed must support the assertion by: A. citing to particular parts of materials in the record, including depositions, documents, electronically stored information, affidavits or declarations, stipulations (including those made for purposes of the motion only), admissions, interrogatory answers, or other materials; or B. showing that the materials cited do not establish the absence or presence of a genuine dispute, or that an adverse party cannot produce admissible evidence to support the fact.

SUMMARY JUDGMENT PROCEDURES AND TIMELINESpdfa · Oct 2023 · p. 2
|SectionFla. R. Civ. P. 1.510 - SUMMARY JUDGMENT, (c)(1) Supporting Factual Positions
Filing RequirementsMandatoryCivil cases

An affidavit or declaration used to support or oppose a motion must be made on personal knowledge, set out facts that would be admissible in evidence, and show that the affiant or declarant is competent to testify on the matters stated.

SUMMARY JUDGMENT PROCEDURES AND TIMELINESpdfa · Oct 2023 · p. 2
|SectionFla. R. Civ. P. 1.510 - SUMMARY JUDGMENT, (c)(4) Affidavits or Declarations
Filing RequirementsMandatoryCivil cases

If a nonmovant shows by affidavit or declaration that, for specified reasons, it cannot present facts essential to justify its opposition, the court may:

SUMMARY JUDGMENT PROCEDURES AND TIMELINESpdfa · Oct 2023 · p. 3
|SectionFla. R. Civ. P. 1.510 - SUMMARY JUDGMENT
Filing RequirementsMandatoryCivil cases

An opponent’s Statement of Material Facts shall clearly challenge any purportedly material fact asserted by the movant that the opponent contends is genuinely in dispute.

SUMMARY JUDGMENT PROCEDURES AND TIMELINESpdfa · Oct 2023 · p. 4
|SectionFEDERAL RULE 56.1 MOTIONS FOR SUMMARY JUDGMENT (modified)
Filing RequirementsMandatoryCivil cases

The movant’s Statement of Material Facts shall list the material facts that the movant contends are not genuinely disputed.

SUMMARY JUDGMENT PROCEDURES AND TIMELINESpdfa · Oct 2023 · p. 4
|SectionFEDERAL RULE 56.1 MOTIONS FOR SUMMARY JUDGMENT (modified)
Filing RequirementsMandatoryCivil cases

Statements of Material Facts must use separately numbered paragraphs, each limited as far as practicable to one material fact and supported by specific pinpoint references to record material.

Court's wording

B. Consist of separately numbered paragraphs, limited as far as practicable to a single material fact, with each fact supported by specific, pinpoint references to particular parts of record material, including depositions, documents, electronically stored information, affidavits, stipulations (including those made for purposes of the motion only), admissions, and interrogatory answers (e.g., Exhibit D, Smith Affidavit, ¶2; Exhibit 3, Jones deposition, p. 12/lines 4-9).

SUMMARY JUDGMENT PROCEDURES AND TIMELINESpdfa · Oct 2023 · p. 4
|SectionFEDERAL RULE 56.1 MOTIONS FOR SUMMARY JUDGMENT (modified)
Filing RequirementsMandatoryCivil cases

The movant shall respond to any additional facts asserted in the opponent’s Statement of Material Facts even if the movant does not serve a reply memorandum.

SUMMARY JUDGMENT PROCEDURES AND TIMELINESpdfa · Oct 2023 · p. 4
|SectionFEDERAL RULE 56.1 MOTIONS FOR SUMMARY JUDGMENT (modified)
Filing RequirementsMandatoryCivil cases

A motion for summary judgment and the opposition to it shall each be accompanied by a separate and contemporaneously filed and served Statement of Material Facts.

SUMMARY JUDGMENT PROCEDURES AND TIMELINESpdfa · Oct 2023 · p. 4
|SectionFEDERAL RULE 56.1 MOTIONS FOR SUMMARY JUDGMENT (modified)
Filing RequirementsMandatoryCivil cases

All Statements of Material Facts (whether filed by the movant or the opponent) shall be filed and served as separate documents and not as exhibits or attachments.

SUMMARY JUDGMENT PROCEDURES AND TIMELINESpdfa · Oct 2023 · p. 4
|SectionFEDERAL RULE 56.1 MOTIONS FOR SUMMARY JUDGMENT (modified)
Filing RequirementsMandatoryCivil cases

When disputing a fact, the opponent’s supporting evidentiary citations must be specific to that dispute.

Court's wording

If an opponent’s Statement of Material Facts disputes a fact in the movant’s Statement of Material Facts, then the evidentiary citations supporting the opponent’s position must be limited to evidence specific to that particular dispute.

SUMMARY JUDGMENT PROCEDURES AND TIMELINESpdfa · Oct 2023 · p. 5
|SectionFEDERAL RULE 56.1 MOTIONS FOR SUMMARY JUDGMENT (modified)
Filing RequirementsMandatoryCivil cases

An opponent’s Statement of Material Facts must follow the movant’s order and paragraph numbering without repeating the movant’s text.

Court's wording

(A) In addition to complying with the requirements of sub-section (b)(1), an opponent’s Statement of Material Facts shall correspond with the order and paragraph numbering format used by the movant, but it shall not repeat the text of the movant’s paragraphs.

SUMMARY JUDGMENT PROCEDURES AND TIMELINESpdfa · Oct 2023 · p. 5
|SectionFEDERAL RULE 56.1 MOTIONS FOR SUMMARY JUDGMENT (modified)
Filing RequirementsMandatoryCivil cases

An opponent’s Statement of Material Facts shall use, as the very first word in each paragraph-by-paragraph response, the word “disputed” or “undisputed.”

SUMMARY JUDGMENT PROCEDURES AND TIMELINESpdfa · Oct 2023 · p. 5
|SectionFEDERAL RULE 56.1 MOTIONS FOR SUMMARY JUDGMENT (modified)
Filing RequirementsMandatoryCivil cases

If an opponent’s Statement of Material Facts includes additional facts, then the movant shall respond to each additional fact in a separately served Reply Statement of Material Facts.

SUMMARY JUDGMENT PROCEDURES AND TIMELINESpdfa · Oct 2023 · p. 5
|SectionFEDERAL RULE 56.1 MOTIONS FOR SUMMARY JUDGMENT (modified)
Filing RequirementsMandatoryCivil cases

An opponent’s additional material facts must immediately follow its responses, continue the movant’s numbering, and appear under a separate “Additional Facts” title.

Court's wording

Any additional facts that an opponent contends are material to the motion for summary judgment shall be numbered and placed immediately after the opponent’s response to the movant’s Statement of Material Facts. The additional facts shall use separately numbered paragraphs beginning with the next number following the movant’s last numbered paragraph. The additional facts shall be separately titled as “Additional Facts”

SUMMARY JUDGMENT PROCEDURES AND TIMELINESpdfa · Oct 2023 · p. 5
|SectionFEDERAL RULE 56.1 MOTIONS FOR SUMMARY JUDGMENT (modified)
Filing RequirementsMandatoryCivil cases

The Reply Statement must follow the opponent’s additional-fact order and numbering, begin each paragraph with “disputed” or “undisputed,” and cite particular record materials for disputes.

Court's wording

The Reply Statement of Material Facts shall correspond with the order and paragraph numbering format used in the opponent’s additional facts, identifying with the very first word in each fact as “disputed” or “undisputed” at the beginning of each paragraph in the statement, and, if disputed, citing to particular parts of materials in the record in the same manner as required by subsections (b)(1) and(b)(2).

SUMMARY JUDGMENT PROCEDURES AND TIMELINESpdfa · Oct 2023 · p. 5
|SectionFEDERAL RULE 56.1 MOTIONS FOR SUMMARY JUDGMENT (modified)
Filing RequirementsMandatoryCivil cases

The parties are reminded that strict compliance with Rule 56.1 as modified herein is required.

Filing RequirementsMandatoryCivil cases

A statement of material facts must be supported by specific references to pleadings, depositions, answers to interrogatories, admissions, and affidavits on file with the Court.

Filing RequirementsMandatoryCivil cases

Each exhibit referenced in the motion for summary judgment and/or in the statement of material facts must be filed on the docket. Exhibits which have already been filed on the docket need not be refiled.

Filing RequirementsMandatoryCivil cases

The moving party shall file a statement of material facts as a separate filing from a motion for summary judgment.

Filing RequirementsMandatoryCivil cases

A responding party may file an opposing statement, and if it does, must reproduce each numbered paragraph and detail its response or opposition after each one.

Court's wording

The responding party may file an opposing statement of material facts which responds to the moving party’s statement of material facts. A responding party’s opposing statement of material facts must specifically respond to each statement in the movant’s statement by setting forth each of the individually numbered paragraphs contained in the movant’s statement and after each paragraph, detail respondent’s response or opposition.

Filing RequirementsMandatoryCivil cases

Within twenty-four (24) hours of filing a motion for summary judgment, the movant shall separately file an index of the cited exhibits which names each exhibit and references the docket entry at which that exhibit may be found.

Filing RequirementsMandatoryCivil cases

If a deposition transcript is referenced, a complete copy must be filed which includes all exhibits.

Filing RequirementsMandatoryCivil cases

Each fact requiring evidence must appear in its own numbered paragraph with a specific citation to exhibit pages and applicable paragraph or line numbers; general exhibit citations without pincites are prohibited.

Court's wording

Each material fact in the statement that requires evidentiary support shall be set forth in an individually numbered paragraph and supported by a specific citation. This specific citation shall reference pages (and paragraph or line numbers, if applicable) of the cited exhibit(s). When a material fact requires evidentiary support, a general citation to an exhibit, without a page number or pincite, is not permitted.

Filing RequirementsMandatoryCivil cases

Within twenty-four (24) hours of filing a response to the motion for summary judgment, the responding party shall separately file an index of the cited exhibits which names each exhibit and references the docket entry at which that exhibit may be found.

Filing RequirementsMandatoryCivil cases

Exhibits referenced in a summary-judgment response or opposing statement must be filed on the docket, unless already filed.

Court's wording

Each exhibit referenced in the response to the motion for summary judgment and/or in the opposing statement of material facts must be filed on the docket. Exhibits which have already been filed on the docket need not be refiled.

Filing RequirementsMandatoryCivil cases

If a deposition transcript is relied upon, a complete copy must be filed which includes all exhibits.

Filing RequirementsMandatory

Plaintiff shall file and serve this Standing Order upon all named Defendant(s) along with the summons and complaint.

20252104152959 General-Case-Track-Standing-Civil-Case-Management-Order-Establishing-Streamlined-Case-Track-Deadlines-1 · p. 1
|SectionSTANDING CIVIL CASE MANAGEMENT ORDER: ESTABLISHING GENERAL CASE TRACK DEADLINES
Filing RequirementsMandatory

counsel, or the party if pro se, shall file a certification that they have read and agree to abide by this Standing Order and the presiding judge's Administrative Procedures, which may be found on the 14th Judicial Circuit's website, www.jud14.flcourts.org.

Filing RequirementsMandatoryCivil cases

Plaintiff shall file and serve this Standing Order upon all named Defendant(s) along with the summons and complaint.

20252104153129 Streamlined-Case-Track-Standing-Civil-Case-Management-Order-Establishing-Streamlined-Case-Track-Deadlines-1 · p. 1
|SectionSTANDING CIVIL CASE MANAGEMENT ORDER: ESTABLISHING STREAMLINED CASE TRACK DEADLINES
Filing RequirementsMandatoryCivil cases

Counsel or a party proceeding pro se must file a certification stating that they have read and agree to abide by the Standing Order and the presiding judge’s Administrative Procedures.

Court's wording

Within thirty (30) days of entry of this Standing Order for Plaintiff, and within thirty (30) days of filing an appearance in this case for each Defendant/Third-Party Defendant, counsel, or the party if pro se, shall file a certification that they have read and agree to abide by this Standing Order and the presiding judge's Administrative Procedures, which may be found on the 14th Judicial Circuit's website, www.judl4.f1courts.org. Failure to comply with this Standing Order or any Administrative Procedures may result in denial of hearing time, denial of a motion or other requested relief, an award of attorney's fees and/or costs, striking of pleadings, dismissal of claims, a finding of contempt, or other potential actions.

Filing RequirementsImportantCivil cases

A material fact may be deemed admitted if not controverted, but only if it has properly cited record support and no Rule 56 exception applies.

Court's wording

All material facts in any party’s Statement of Material Facts may be deemed admitted unless controverted by the other party’s Statement of Material Facts, provided that: (i) the Court finds that the material fact at issue is supported by properly cited record evidence; and (ii) any exception under Fed. R. Civ. P. 56 does not apply.

SUMMARY JUDGMENT PROCEDURES AND TIMELINESpdfa · Oct 2023 · p. 5
|SectionEffect of Failure to Controvert Undisputed Facts
Filing RequirementsImportantCivil cases

In the event a responding party fails to controvert a movant’s supported material facts in an opposing statement of material facts, the movant’s material facts will be deemed admitted.

Filing RequirementsImportantCivil cases

Noncompliant Statements of Material Facts may be stricken or subject to other relief or sanctions.

Court's wording

If a party files and serves any Statement of Material Facts that does not comply with this rule, then the Court may strike the Statement, require immediate compliance, grant relief to any opposing party for any prejudice arising from a non-compliant statement or response, or enter other sanctions that the Court deems appropriate.

Filing RequirementsNoteCivil cases

An opponent’s Statement of Material Facts also may thereafter assert additional material facts that the opponent contends serve to defeat the motion for summary judgment.

SUMMARY JUDGMENT PROCEDURES AND TIMELINESpdfa · Oct 2023 · p. 4
|SectionFEDERAL RULE 56.1 MOTIONS FOR SUMMARY JUDGMENT (modified)
Filing RequirementsNoteCivil cases

The movant may file and serve a reply memorandum of law, which is separate and distinct from the required Reply Statement of Material Facts addressing the opponent’s additional facts.

SUMMARY JUDGMENT PROCEDURES AND TIMELINESpdfa · Oct 2023 · p. 5
|SectionFEDERAL RULE 56.1 MOTIONS FOR SUMMARY JUDGMENT (modified)

Filing & Service rules

Filing Timing and Cure Windows

All motions other than summary judgment motions, including motions in limine, must be filed no later than 30 days before the Pretrial Conference.

ALL OTHER MOTIONS: Including motions in limine shall be filed and served no later than 30 days before the Pretrial Conference.

Civil cases

Page 1 | ALL OTHER MOTIONS

Summary judgment motions must be filed no later than 60 days before trial.

ALL motions for summary judgment must be filed and served no later than 60 days before the trial to allow sufficient time for consideration by the Court.

Civil cases

Page 1 | SUMMARY JUDGMENT MOTIONS

The Statement of Material Facts must be filed contemporaneously with the summary judgment motion or opposition it accompanies.

A motion for summary judgment and the opposition to it shall each be accompanied by a separate and contemporaneously filed and served Statement of Material Facts.

Civil cases

Page 4 | FEDERAL RULE 56.1 MOTIONS FOR SUMMARY JUDGMENT (modified)

The Reply Statement of Material Facts is due within 10 days of the opponent’s response.

The due date for the Reply Statement of Material Facts is within 10 days of opponent response.

Civil cases

Page 4 | FEDERAL RULE 56.1 MOTIONS FOR SUMMARY JUDGMENT (modified)

The cited-exhibit index is due within 24 hours after the summary judgment motion is filed.

Within twenty-four (24) hours of filing a motion for summary judgment, the movant shall separately file an index of the cited exhibits which names each exhibit and references the docket entry at which that exhibit may be found.

Civil cases

Page 6 | Summary Judgment Motions

The responding party must file the cited-exhibit index within 24 hours after filing the summary-judgment response.

Within twenty-four (24) hours of filing a response to the motion for summary judgment, the responding party shall separately file an index of the cited exhibits which names each exhibit and references the docket entry at which that exhibit may be found.

Civil cases

Page 7 | SUMMARY JUDGMENT MOTIONS

Deadlines in the Order are strictly enforced unless a later court order specifically alters or modifies them.

All deadlines established by this Order shall be strictly enforced unless specifically altered or modified by a subsequently issued order of this Court.

Page 1 | CASE TRACK ASSIGNMENT DEADLINES

Civil actions, except those enumerated in Fla. R. Civ. P. 1.200(a), must be assigned a case-management track within 120 days after filing.

All civil actions, except those enumerated in Fla. R. Civ. P. 1.200(a), must be assigned one of three case management tracks within 120 days after the action is filed.

Page 1 | STANDING CIVIL CASE MANAGEMENT ORDER: ESTABLISHING GENERAL CASE TRACK DEADLINES

All pretrial motions must be filed 45 days before the Pre-Trial Conference.

| Filing and Resolution of All Pretrial Motions | The filing shall be 45 days before the Pre-Trial Conference. The hearing thereon shall occur before the Pre-Trial Conference |

Page 2 | “GENERAL” CASE TRACK DEADLINES

The anticipated trial date is tied to the earlier of 18 months after service of initial process on the last defendant or 120 days after commencement of the action, with final disposition by that date.

| Anticipated Trial Date | 18 months from the date of service of initial process on the last defendant or 120 days after commencement of the action as provided in Rule 1.050, whichever occurs first, to final disposition. |

Page 2 | “GENERAL” CASE TRACK DEADLINES

Objections to pleadings must be filed within 120 days after service of the complaint.

| Filing and Resolution of All Objections to Pleadings | The filing shall be 120 days from the date of the service of the complaint. The hearing thereon shall occur before 180 days from the date of the service of the complaint. |

Page 2 | “GENERAL” CASE TRACK DEADLINES

Fact discovery must be completed 60 days before the initially set Pre-Trial Conference.

| Completion of Fact Discovery | 60 days before the initially set Pre-Trial Conference |

Page 2 | “GENERAL” CASE TRACK DEADLINES

Alternative dispute resolution, including non-binding arbitration and mediation, must be completed 45 days before the Pre-Trial Conference.

| Completion of Alternative Dispute Resolution, including Non-Binding Arbitration and Mediation | 45 days before the Pre-Trial Conference |

Page 2 | “GENERAL” CASE TRACK DEADLINES

New parties must be added within 180 days after filing the complaint.

| Adding New Parties | 180 days from the filing of the complaint |

Page 2 | “GENERAL” CASE TRACK DEADLINES

A motion for summary judgment must be filed and served 75 days before the initially set Pre-Trial Conference.

| Filing and service of motion for summary judgment | 75 days before the initially set Pre-Trial Conference |

Page 2 | “GENERAL” CASE TRACK DEADLINES

Expert discovery must be completed 45 days before the initially set Pre-Trial Conference.

| Completion of Expert Discovery | 45 days before the initially set Pre-Trial Conference |

Page 2 | “GENERAL” CASE TRACK DEADLINES

The Plaintiff must file the required certification within 30 days after entry of the Standing Order.

Within thirty (30) days of entry of this Standing Order for Plaintiff

Page 3 | ADDITIONAL REQUIREMENTS

Each Defendant or Third-Party Defendant must file the required certification within 30 days after filing an appearance.

within thirty (30) days of filing an appearance in this case for each Defendant/Third-Party Defendant

Page 3 | ADDITIONAL REQUIREMENTS

Deadlines in the Order are strictly enforced unless a subsequently issued court order alters or modifies them.

All deadlines established by this Order shall be strictly enforced unless specifically altered or modified by a subsequently issued order of this Court.

Civil cases

Page 1 | CASE TRACK ASSIGNMENT DEADLINES

Except for actions enumerated in Fla. R. Civ. P. 1.200(a), each civil action must be assigned a case management track within 120 days after filing.

All civil actions, except those enumerated in Fla. R. Civ. P. 1.200(a), must be assigned one of three case management tracks within 120 days after the action is filed.

Civil cases

Page 1 | STANDING CIVIL CASE MANAGEMENT ORDER: ESTABLISHING STREAMLINED CASE TRACK DEADLINES

Expert discovery must be completed 30 days before the initially set Pre-Trial Conference.

30 days before the initially set Pre-Trial Conference

Civil cases

Page 2 | CASE TRACK ASSIGNMENT DEADLINES

The hearing on objections to pleadings must occur before 180 days from service of the complaint.

The hearing thereon shall occur before 180 days from the date of the service of the complaint.

Civil cases

Page 2 | CASE TRACK ASSIGNMENT DEADLINES

Pretrial motions must be filed 30 days before the Pre-Trial Conference.

The filing shall be 30 days before the Pre-Trial Conference.

Civil cases

Page 2 | CASE TRACK ASSIGNMENT DEADLINES

New parties must be added within 165 days after the complaint is filed.

165 days from the filing of the complaint

Civil cases

Page 2 | CASE TRACK ASSIGNMENT DEADLINES

Alternative dispute resolution, including non-binding arbitration and mediation, must be completed 45 days before the Pre-Trial Conference.

45 days before the Pre-Trial Conference

Civil cases

Page 2 | CASE TRACK ASSIGNMENT DEADLINES

Objections to pleadings must be filed within 120 days from service of the complaint.

The filing shall be 120 days from the date of the service of the complaint.

Civil cases

Page 2 | CASE TRACK ASSIGNMENT DEADLINES

The motion for summary judgment must be filed and served 75 days before the initially set Pre-Trial Conference.

75 days before the initially set Pre-Trial Conference.

Civil cases

Page 2 | CASE TRACK ASSIGNMENT DEADLINES

Hearings on all pretrial motions must occur before the Pre-Trial Conference.

The hearing thereon shall occur before the Pre-Trial Conference

Civil cases

Page 2 | CASE TRACK ASSIGNMENT DEADLINES

Fact discovery must be completed 45 days before the initially set Pre-Trial Conference.

45 days before the initially set Pre-Trial Conference

Civil cases

Page 2 | CASE TRACK ASSIGNMENT DEADLINES

Plaintiff’s counsel or pro se party, and each Defendant or Third-Party Defendant’s counsel or pro se party, must file the required certification within 30 days of the applicable triggering event.

Within thirty (30) days of entry of this Standing Order for Plaintiff, and within thirty (30) days of filing an appearance in this case for each Defendant/Third-Party Defendant, counsel, or the party if pro se, shall file a certification that they have read and agree to abide by this Standing Order and the presiding judge's Administrative Procedures, which may be found on the 14th Judicial Circuit's website, www.judl4.f1courts.org. Failure to comply with this Standing Order or any Administrative Procedures may result in denial of hearing time, denial of a motion or other requested relief, an award of attorney's fees and/or costs, striking of pleadings, dismissal of claims, a finding of contempt, or other potential actions.

Civil cases

Page 3 | ADDITIONAL REQUIREMENTS

The moving party must contact the presiding judge’s office within 20 days after filing a motion for which a hearing is requested.

Within 20 days of filing any motion for which a hearing is requested, the moving party must contact the presiding judge's office to set the motion for hearing.

Civil cases

Page 3 | ADDITIONAL REQUIREMENTS

If a Uniform Order Scheduling Trial was previously entered, its dates and deadlines supersede those in this Standing Order.

If this action is subject to a previously entered Uniform Order Scheduling Trial (Bench or Jury), all dates and deadlines contained in the Uniform Order Scheduling Trial shall supersede any dates and deadlines contained in this Standing Civil Case Management Order.

Page 1 | CASE TRACK ASSIGNMENT DEADLINES

If a previously entered Uniform Order Scheduling Trial applies, its dates and deadlines supersede those in this Standing Civil Case Management Order.

If this action is subject to a previously entered Uniform Order Scheduling Trial (Bench or Jury), all dates and deadlines contained in the Uniform Order Scheduling Trial shall supersede any dates and deadlines contained in this Standing Civil Case Management Order.

Civil cases

Page 1 | CASE TRACK ASSIGNMENT DEADLINES

The anticipated trial date is set by whichever occurs first: 12 months after service of initial process on the last defendant or 120 days after commencement of the action.

Twelve (12) months from the date of service of initial process on the last defendant or 120 days after commencement of the action as provided in rule 1.050, whichever occurs first to final disposition.

Civil cases

Page 2 | CASE TRACK ASSIGNMENT DEADLINES

A party may move for summary judgment after 20 days from commencement of the action or after the adverse party serves a 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.

Civil cases

Page 2 | Fla. R. Civ. P. 1.510 - SUMMARY JUDGMENT

Service and Proof of Service Rules

ALL motions for summary judgment must be filed and served no later than 60 days before the trial to allow sufficient time for consideration by the Court.

ALL motions for summary judgment must be filed and served no later than 60 days before the trial to allow sufficient time for consideration by the Court.

Civil cases

Page 1 | SUMMARY JUDGMENT MOTIONS

All motions other than summary judgment motions, including motions in limine, must be served no later than 30 days before the Pretrial Conference.

ALL OTHER MOTIONS: Including motions in limine shall be filed and served no later than 30 days before the Pretrial Conference.

Civil cases

Page 1 | ALL OTHER MOTIONS

When filing a summary judgment motion, the movant must also serve the movant’s supporting factual position under subdivision (1).

At the time of filing a motion for summary judgment, the movant must also serve the movant's supporting factual position as provided in subdivision (1) above.

Civil cases

Page 2 | Fla. R. Civ. P. 1.510 - SUMMARY JUDGMENT, (c)(5) Timing for Supporting Factual Positions

The nonmovant must serve a response containing its supporting factual position at least 20 days before the hearing.

At least 20 days before the time fixed for the hearing, the nonmovant must serve a response that includes the nonmovant's supporting factual position as provided in subdivision (1) above.

Civil cases

Page 2 | Fla. R. Civ. P. 1.510 - SUMMARY JUDGMENT, (c)(5) Timing for Supporting Factual Positions

The movant must serve a summary judgment motion at least 40 days before the hearing.

The movant must serve the motion for summary judgment at least 40 days before the time fixed for the hearing.

Civil cases

Page 2 | Fla. R. Civ. P. 1.510 - SUMMARY JUDGMENT

The Statement of Material Facts accompanying each summary judgment motion and opposition must be served.

A motion for summary judgment and the opposition to it shall each be accompanied by a separate and contemporaneously filed and served Statement of Material Facts.

Civil cases

Page 4 | FEDERAL RULE 56.1 MOTIONS FOR SUMMARY JUDGMENT (modified)

The movant must separately serve the Reply Statement of Material Facts when the opponent includes additional facts.

If an opponent’s Statement of Material Facts includes additional facts, then the movant shall respond to each additional fact in a separately served Reply Statement of Material Facts.

Civil cases

Page 5 | FEDERAL RULE 56.1 MOTIONS FOR SUMMARY JUDGMENT (modified)

The plaintiff must serve the Standing Order on all named defendants along with the summons and complaint.

Plaintiff shall file and serve this Standing Order upon all named Defendant(s) along with the summons and complaint.

Page 1 | STANDING CIVIL CASE MANAGEMENT ORDER: ESTABLISHING GENERAL CASE TRACK DEADLINES

A motion for summary judgment must be served 75 days before the initially set Pre-Trial Conference.

| Filing and service of motion for summary judgment | 75 days before the initially set Pre-Trial Conference |

Page 2 | “GENERAL” CASE TRACK DEADLINES

The complaint must be served within 120 days after the action is filed.

| Service of Complaint | 120 days after the action is filed. See Fla. R. Civ. P. 1.070(j) |

Page 2 | “GENERAL” CASE TRACK DEADLINES

The plaintiff must serve the Standing Order on all named defendants along with the summons and complaint.

Plaintiff shall file and serve this Standing Order upon all named Defendant(s) along with the summons and complaint.

Civil cases

Page 1 | STANDING CIVIL CASE MANAGEMENT ORDER: ESTABLISHING STREAMLINED CASE TRACK DEADLINES

75 days before the initially set Pre-Trial Conference.

75 days before the initially set Pre-Trial Conference.

Civil cases

Page 2 | CASE TRACK ASSIGNMENT DEADLINES

The complaint must be served within 120 days after the action is filed.

120 days after the action is filed. See Fla. R. Civ. P. 1.070(j)

Civil cases

Page 2 | CASE TRACK ASSIGNMENT DEADLINES

Pre-Motion Conference Requirements

For cross-motions for summary judgment, the Court may order consolidated fact statements and responses, and the parties may jointly seek an order for consolidated statements before filing their motions.

In the event that cross motions for summary judgment are filed, the Court may order the parties to submit a consolidated statement of material facts and responses as appropriate. If cross motions are anticipated, the parties may jointly move for an order to file consolidated statements prior to filing the motions for summary judgment.

Civil cases

Page 7 | SUMMARY JUDGMENT MOTIONS

Adjournment & Extension Requirements

The trial judge has discretion over extensions to serve process, and parties generally should not expect an extension allowing service later than 180 days after filing the complaint.

| Service Under Extension | Deadlines for extensions to serve process upon defendants will be at the discretion of the trial judge. Generally, parties should not expect an extension of longer than 180 days from the filing of the complaint to execute service. See Fla. R. Civ. P. 1.070(j). |

Page 2 | “GENERAL” CASE TRACK DEADLINES

Extensions to serve process are at the trial judge’s discretion; parties generally should not expect an extension longer than 180 days from the complaint’s filing.

Deadlines for extensions to serve process upon defendants will be at the discretion of the trial judge. Generally, parties should not expect an extension of longer than 180 days from the filing of the complaint. See Fla. R. Civ. P. 1.070(j).

Civil cases

Page 2 | CASE TRACK ASSIGNMENT DEADLINES

Chambers Communication Rules

For a motion with a requested hearing, the moving party must contact the presiding judge’s office to schedule the hearing within 20 days after filing.

Within 20 days of filing any motion for which a hearing is requested, the moving party must contact the presiding judge's office to set the motion for hearing.

Page 3 | ADDITIONAL REQUIREMENTS

The moving party must contact the presiding judge’s office to schedule a hearing for a motion that requests one; failure to do so may result in denial.

Within 20 days of filing any motion for which a hearing is requested, the moving party must contact the presiding judge's office to set the motion for hearing. Failure to seek such hearing may result in the motion being denied.

Civil cases

Page 3 | ADDITIONAL REQUIREMENTS

A person with a disability who needs an accommodation should contact the ADA Coordinator by mail or phone at least seven days before the court appearance, or immediately upon receiving the notification if fewer than seven days remain.

If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the ADA Coordinator by mail at P. O. Box 1089, Panama City, FL 32402 or by phone at (850) 747-5338 at least seven (7) days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than seven (7) days.

Page 4 | AMERICANS WITH DISABILITIES ACT

A hearing-impaired person may email ADARequest@jud14.flcourts.org for assistance.

If you are hearing impaired, please call 711 or email ADARequest@jud14.flcourts.org.

Page 4 | AMERICANS WITH DISABILITIES ACT

A hearing-impaired person may call 711 for assistance.

If you are hearing impaired, please call 711

Page 4 | AMERICANS WITH DISABILITIES ACT

Common questions about Judge Elijah Smiley's rules

Does Judge Elijah Smiley require a pre-motion conference or letter before filing a motion?

For cross-motions for summary judgment, the Court may order consolidated fact statements and responses, and the parties may jointly seek an order for consolidated statements before filing their motions.

View ruleSource: page 7, section SUMMARY JUDGMENT MOTIONS

What page or word limits apply to statement of material facts before Judge Elijah Smiley?

Judge Elijah Smiley's rule states these limits: 10 pages. A. Not exceed ten (10) pages;

View ruleSource: page 4, section FEDERAL RULE 56.1 MOTIONS FOR SUMMARY JUDGMENT (modified)

What must be included with summary judgment motion filings before Judge Elijah Smiley?

A summary judgment motion must be filed with a statement of material facts under the attached Modified Rule 56.1.

View ruleSource: page 1, section SUMMARY JUDGMENT MOTIONS

What must be included with supporting factual position filings before Judge Elijah Smiley?

A party asserting that a fact is undisputed or genuinely disputed must support the assertion by citing record materials or by showing that the cited materials do not establish the dispute or that the adverse party cannot produce admissible evidence.

View ruleSource: page 2, section Fla. R. Civ. P. 1.510 - SUMMARY JUDGMENT, (c)(1) Supporting Factual Positions

How may parties contact Judge Elijah Smiley's chambers?

For a motion with a requested hearing, the moving party must contact the presiding judge’s office to schedule the hearing within 20 days after filing.

View ruleSource: page 3, section ADDITIONAL REQUIREMENTS

How do I request an adjournment or extension before Judge Elijah Smiley?

The trial judge has discretion over extensions to serve process, and parties generally should not expect an extension allowing service later than 180 days after filing the complaint.

View ruleSource: page 2, section “GENERAL” CASE TRACK DEADLINES

What filing deadlines does Judge Elijah Smiley set?

Summary judgment motions must be filed no later than 60 days before trial.

View ruleSource: page 1, section SUMMARY JUDGMENT MOTIONS

What service or proof of service rules apply before Judge Elijah Smiley?

ALL motions for summary judgment must be filed and served no later than 60 days before the trial to allow sufficient time for consideration by the Court.

View ruleSource: page 1, section SUMMARY JUDGMENT MOTIONS
Complete rules summary for Judge Elijah Smiley

Summary judgment motions must be filed no later than 60 days before trial.

ALL motions for summary judgment must be filed and served no later than 60 days before the trial to allow sufficient time for consideration by the Court.

A summary judgment motion must be filed with a statement of material facts under the attached Modified Rule 56.1.

All motions other than summary judgment motions, including motions in limine, must be filed no later than 30 days before the Pretrial Conference.

All motions other than summary judgment motions, including motions in limine, must be served no later than 30 days before the Pretrial Conference.

A party may move for summary judgment after 20 days from commencement of the action or after the adverse party serves a summary judgment motion.

The movant must serve a summary judgment motion at least 40 days before the hearing.

A party asserting that a fact is undisputed or genuinely disputed must support the assertion by citing record materials or by showing that the cited materials do not establish the dispute or that the adverse party cannot produce admissible evidence.

The Statement of Material Facts must be filed contemporaneously with the summary judgment motion or opposition it accompanies.

An affidavit or declaration supporting or opposing a motion must be based on personal knowledge, state admissible facts, and show the affiant or declarant is competent to testify.

When filing a summary judgment motion, the movant must also serve the movant’s supporting factual position under subdivision (1).

The nonmovant must serve a response containing its supporting factual position at least 20 days before the hearing.

A nonmovant’s response must include the nonmovant’s supporting factual position under subdivision (1).

A nonmovant relying on unavailable facts must show by affidavit or declaration the specified reasons it cannot present facts essential to its opposition.

Each summary judgment motion and opposition must be accompanied by a separate Statement of Material Facts.

The Statement of Material Facts accompanying each summary judgment motion and opposition must be served.

The movant’s Statement of Material Facts must list the material facts the movant contends are not genuinely disputed.

An opponent’s Statement of Material Facts must clearly challenge each asserted material fact that the opponent contends is genuinely disputed.

An opponent may assert additional material facts that it contends defeat the summary judgment motion.

The movant must respond to additional facts in the opponent’s Statement of Material Facts even if it does not serve a reply memorandum.

The Reply Statement of Material Facts is due within 10 days of the opponent’s response.

Statements of Material Facts must be filed and served as separate documents, not as exhibits or attachments.

A. Not exceed ten (10) pages;

Statements of Material Facts must use separately numbered paragraphs, each limited as far as practicable to one material fact and supported by specific pinpoint references to record material.

Pinpoint citations must identify pages, line numbers when appropriate, and each exhibit’s number and title; a general exhibit citation without a page number or pincite is non-compliant when specific evidentiary support is required.

An opponent’s Statement of Material Facts must follow the movant’s order and paragraph numbering without repeating the movant’s text.

Each paragraph-by-paragraph response in an opponent’s Statement of Material Facts must begin with “disputed” or “undisputed.”

When disputing a fact, the opponent’s supporting evidentiary citations must be specific to that dispute.

An opponent’s additional material facts must immediately follow its responses, continue the movant’s numbering, and appear under a separate “Additional Facts” title.

Additional Facts may not exceed five pages, in addition to the ten-page limit for the opponent’s Statement of Material Facts.

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