Fourteenth Judicial Circuit of Florida, Bay, Calhoun, Gulf, Holmes, Jackson and Washington Counties Pre-Motion Conference Requirements

CRITICAL

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

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 movant generally must confer in good faith with opposing counsel by substantive in-person or telephone conversation, subject to stated exceptions, and meet the certificate requirements.

Before filing any motion, except as noted in Fla. R. Civ. P. 1.202, 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”). 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 e-mail, 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. 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 are 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. No conference, therefore, no certificate, is required for appropriate ex parte motions, uncontested motions, judgment on the pleadings, summary judgment, or other dispositive motions.

CRITICAL

Parties must attempt to resolve disagreements over a proposed order before seeking court intervention.

If there are disagreements over a proposed order, the parties shall attempt to work them out before seeking court intervention.

CRITICALCivil cases

Movants and nonmovants must satisfy the Pre-Hearing Meeting Requirement and file a Pre-Summary Judgment Hearing Stipulation before the hearing.

In an effort to complete most summary judgment hearings within the presumptive scheduled 30-minute hearing time without such inefficiencies, delay, objections, and continuances the Court is requiring the movant(s) and nonmovant(s) to satisfy a Pre-Hearing Meeting Requirement and file a Pre-Summary Judgment Hearing Stipulation prior to the hearing as more specifically described below.

CRITICALCivil cases

Counsel for both parties must meet no later than ten days before the summary judgment hearing to confer, prepare the stipulation, review the record, and narrow hearing issues; moving-party counsel must schedule the meeting.

No later than 10 days prior to the summary judgment hearing, counsel for the moving and non-moving parties must meet together to: confer regarding the summary judgment motion and response; discuss and cooperate with each other to prepare a Pre-Summary Judgment Hearing Stipulation to be filed with the Court no later than 3 days prior to the summary judgment hearing with a courtesy copy emailed to the Court’s Judicial Assistant; review the 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 supporting the factual position(s) contained in the motion and the factual position(s) contained in the response, or that otherwise may be referred to during the hearing; and complete all other matters which may narrow the issues for the summary judgment hearing and facilitate an efficient use of the scheduled and available hearing time. It is the responsibility of counsel for the moving party to schedule this meeting.

CRITICALCivil cases

The certification is not required for dispositive, qualifying emergency, or post-trial or post-judgment motions, but technical motions to dismiss likely to result in leave to amend still require a good-faith attempt.

The only circumstances where a “good faith attempt” certification is not required is for dispositive motions (motions to dismiss with prejudice, motions for judgment on the pleadings, motions for summary judgment, etc.), emergency motions where the movant is not able to attempt contact because of the circumstances (however, delaying filing a motion that could be filed earlier is not considered an emergency just because the deadline is approaching), and post-trial or post-judgment motions (such as motions for rehearing or reconsideration). For motions to dismiss that raise primarily technical issues which, under applicable law would likely result in the pleading party being given leave to amend, the movant shall make a “good faith attempt” to resolve the issue(s) before filing the motion (e.g., where a party omits a copy of a contract or document from the complaint in an action for breach of contract).

CRITICALCivil cases

A movant may begin conferral by email, but if there is no response to an email or initial phone call, the movant must call opposing counsel’s office or the opposing party at least twice before certifying a good-faith attempt.

Movant may initiate the “good faith attempt” via email. However, if no response is received, the movant shall call the opposing counsel’s office or party at least twice if no response is received to an email or initial phone call before certifying that the movant has made a “good faith attempt” to resolve the issue(s) raised in the motion.

CRITICALCivil cases

Before filing most motions, the moving party must make a good-faith attempt to resolve the issues with opposing counsel or a self-represented opposing party.

For most motions (other than truly dispositive motions), the moving party is required to include a certification in the motion that the movant made a “good faith attempt” to resolve the issue(s) raised in the motion with the opposing counsel or party (whether represented or pro se) prior to filing the motion. This Court’s requirement of conferral is broader than that included in Rule 1.202, Florida Rules of Civil Procedure.

CRITICALCivil cases

When the parties stipulate to a decision without a hearing, the motion and response follow the stated briefing sequence, with the non-movant’s response due within 10 days.

The parties may stipulate to having a motion decided without the necessity of a hearing. If such is the case, the movant shall include at least a brief memorandum of law as part of the motion being filed or as a supplemental filing on the motion. Thereafter, the non-movant shall file a response within 10 days which shall include at least a brief memorandum of law as part of the response.

CRITICAL

One or two unanswered emails are insufficient; after no response to an email or initial phone call, the movant must call opposing counsel or the opposing party at least twice before certifying a good faith attempt.

A “good faith attempt” is not satisfied by the movant sending one or two emails to the opposing counsel or party if pro se and claiming no response was received. Movant may initiate the “good faith attempt” via email. However, if no response is received, the movant shall call the opposing counsel’s office or party at least twice if no response is received to an email or initial phone call before certifying that the movant has made a “good faith attempt” to resolve the issue(s) raised in the motion.

CRITICAL

Before filing a motion to dismiss based primarily on technical issues likely to result in leave to amend, the movant must make a good faith attempt to resolve the issues.

For motions to dismiss that raise primarily technical issues which, under applicable law would likely result in the pleading party being given leave to amend, the movant shall make a “good faith attempt” to resolve the issue(s) before filing the motion (e.g., where a party omits a required document from the petition).

CRITICAL

For most non-dispositive motions, the moving party must confer in good faith before filing and include a certification of that attempt in the motion.

For most motions (other than truly dispositive motions), the moving party is required to include a certification in the motion that movant made a “good faith attempt” to resolve the issue(s) raised in the motion with the opposing counsel or party (whether represented or pro se) prior to filing the motion. Although there is not a corollary rule under the Florida Family Law Rules of Procedure, this Court requires a good faith conferral on non- dispositive matters, and this requirement is broader than that included in Rule 1.202, Florida Rules of Civil Procedure

CRITICAL

Before filing most motions, the movant must make a good-faith attempt to resolve the issues; if there is no response to an email or initial phone call, the movant must call at least twice before certifying the attempt, subject to stated exceptions.

For most motions (other than truly dispositive motions), the moving party is required to include a certification in the motion that movant made a “good faith attempt” to resolve the issue(s) raised in the motion with the opposing counsel or party (whether represented or pro se) prior to filing the motion. A “good faith attempt” is not satisfied by the movant sending one or two emails to the opposing counsel or party if pro se and claiming no response was received. Movant may initiate the “good faith attempt” via email. However, if no response is received, the movant shall call the opposing counsel’s office or party at least twice if no response is received to an email or initial phone call before certifying that the movant has made a “good faith attempt” to resolve the issue(s) raised in the motion. The only circumstances where a “good faith attempt” certification is not required is for dispositive motions (motions to dismiss with prejudice, motions for judgment on the pleadings, motions for summary judgment, etc.), emergency motions where the movant is not able to attempt contact because of the circumstances (however, delaying filing a motion that could be filed earlier is not considered an emergency just because the deadline is approaching), and post-trial or post-judgment motions (such as motions for rehearing or reconsideration). For motions to dismiss that raise primarily technical issues which, under applicable law would likely result in the pleading party being given leave to amend, the movant shall make a “good faith attempt” to resolve the issue(s) before filing the motion (e.g., where a party omits a copy of a contract or document from the complaint in an action for breach of contract).

WARNING

Certification is not required for truly dispositive, qualifying emergency, or post-trial or post-judgment motions; an approaching deadline alone does not make a motion an emergency.

The only circumstances where a “good faith attempt” certification is not required is for truly dispositive motions, emergency motions where the movant is not able to attempt contact because of the circumstances (however, delaying filing a motion that could be filed earlier is not considered an emergency just because the deadline is approaching), and post- trial or post-judgment motions (such as motions for rehearing or reconsideration).

INFOCivil cases

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.

INFOCivil cases

The movant may file and serve a reply memorandum of law, which is separate from the required Reply Statement of Material Facts.

(C) 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 nonmovant’s additional facts.