Judge Bruce Anderson
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Case Status Report
- Before Or At Conference
Courtesy copies
- Within 5 Business Days Before Hearing
Daubert Motions
- Upon Filing
Exceptions Objections Pleading
- Email • Same Deadline As Filing
Adjournments
- A motion to continue a summary judgment hearing should include an affidavit or declaration explaining the discovery not yet conducted, the discovery expected, why it has not been obtained, and how it will defeat the motion.
- Reasonable response-deadline extensions should ordinarily be agreed to by email or correspondence unless time is of the essence or court rules require a motion and order, and arbitrary deadline enforcement should be avoided when no real prejudice would result.
- A lawyer must not seek or refuse extensions or continuances to harass an opponent or prolong litigation.
- +19 more
Request must include
- Continuances are disfavored, require good cause and at least five days' advance submission, and generally must be signed by the requesting party absent good cause.
Communication
Intake Unit
Chambers
Phone
Court-widePage & Word Limits2 rules
Statements of Material Facts may not exceed 10 pages.
Not exceed ten (10) pages
Statement Of Material Facts
10 pages
The non-movant’s “Additional Facts” may not exceed 5 pages, in addition to the 10-page limit for the opponent’s Statement of Material Facts.
The additional facts shall be separately titled “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
5 pages
Document Format Requirements62 rules
Producing parties must produce electronically stored information in native format as it exists on their computer systems.
The parties agree that production will be made in native format, as the ESI exists on the producing party's computer system.
Unless the requesting party agrees in writing otherwise, ESI must be produced in native data format with all associated metadata.
Unless otherwise agreed to in writing by a requesting party, ESI shall be produced in native data format, together with all associated metadata.
Requested structured database data must be extracted through appropriate queries and returned in specified fields and a verifiably responsive, commonly readable format.
Where structured data (e.g., data from a database) is requested, appropriate queries will be used to extract relevant data from any such database, which data shall match specified criteria, and returning specified fields, in a form and format that is verifiably responsive and readable by the use of commonly available tools.
When native production is impossible or inadvisable, each source-document page must be converted to a single-page TIFF image showing how the document would appear when printed.
In such cases where production in native format is not possible or advisable (e.9., redacted documents), native format files shall be converted to static images and each page thereof saved electronically as a single page "TIFF" image that reflects how the source document would have appeared if printed out to a printer attached to a computer viewing the file.
For multipage documents, document unitization and the unitization of attachments and affixed notes must be preserved as in the original when creating image files.
If a document consists of more than one page, the unitization of the document and any attachments and/or affixed notes shall be maintained as it existed in the original when creating the image f,rles.
Searchable text from a native file must be produced in a multipage .TXT file together with the associated metadata.
a multipage text (.TXT) file containing searchable text from the native file, and the metadata as discussed later in this document.
Load files for static images must be produced together with their associated static images.
Load files of the static images should be created and produced together with their associated static images to facilitate the use of the produced images by a document management or litigation support database system.
Physical documents and ESI existing only in hard-copy form must be converted to single-page .TIFF files and produced under the stated protocols or another agreed protocol.
Documents or records which either were originally generated or instantiated as ESI but now only exist in physical hard-copy format, or documents or records that were originally generated in hard-copy format shall be converted to a single page .TIFF file and produced following the same protocols set forth herein or otherwise agreed to by the parties.
Each page of a document produced as an image must have a legible unique Bates number burned onto the TIF image without obscuring, concealing, or interfering with source information.
For files not produced in their native format, each page of a produced document shall have a legible, unique page identifier ("Bates Number") electronically "burned" onto the TIF image in such a manner that information from the source document is not obliterated, concealed, or interfered with.
Documents must be produced on CD-ROM, DVD, an external hard drive with a standard PC-compatible interface, or another readily accessible computer medium.
Documents shall be produced on CD-ROM, DVD, external hard drive (with standard PC compatible interface), or such other readily accessible computer or
Native-format ESI must be placed in a Bates-numbered Logical Evidence Container or stored on a Bates-numbered storage device.
Any ESI produced in native data format shall be placed in a Logical Evidence Container that is Bates numbered, or the storage device (i.e., CD, USB, hard drive) containing such files shall be so Bates numbered.
The alternative hard-copy submission requirement applies to proposed jury instructions and verdict forms not provided at the Pretrial Conference.
The Plaintiff(s) shall file with the Clerk and submit to the Court in hard copy form a complete set of proposed jury instructions and verdict forms by no later than 9:00 a.m. on ___________________________, 20_____.
Paper
Proposed jury instructions and verdict forms submitted to the Court must be in hard copy form.
A complete set of proposed jury instructions and verdict forms were filed with the Clerk and submitted to the Court in hard copy form at the Pretrial Conference.
Paper
Proposed orders must be submitted in Word format.
All proposed orders must be submitted in Word format.
DOCX
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 non-jury 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 non-jury trial.
Exhibits not received in evidence must be labeled using the party designation followed by a distinct consecutive alphabet letter.
Exhibits not received in evidence must be labeled in the following format: “Petitioner/Plaintiff” or “Respondent/Defendant” (based upon how the parties are identified in the operative pleadings) followed by a distinct consecutive alphabet letter for each exhibit (e.g., “A”, “B”, “C”).
Exhibits received in evidence must be labeled using the party designation followed by a distinct consecutive number.
Exhibits received in evidence must be labeled in the following format: “Petitioner/Plaintiff” or “Respondent/Defendant” (based upon how the parties are identified in the operative pleadings) followed by a distinct consecutive number for each exhibit (e.g., “1”, “2”, “3”).
Exhibits must be submitted to the Foreclosure Case Management Office in paper format.
Paper
A party objecting to a proposed order must provide the Court with a redline or blackline version of the order in Microsoft Word format.
The party objecting to the proposed order shall also present a “redline” or “blackline” version, in Microsoft Word format, of the proposed order to the Court
DOCX
The emailed courtesy copy of each proposed order must be in Word format.
a courtesy copy of the proposed orders must be emailed to the Court’s Judicial Assistant in Word format by the same deadline as the filing of the proposed orders;
Every page of each document listed on the privilege log must be Bates numbered.
the pages of each document listed on the amended privilege log shall be bates numbered.
Documents submitted for in camera review must be Bates stamped in the same order in which they appear in the notice.
The documents shall be produced with bates stamps in the order set forth in the Notice of Request for In Camera Review.
The objection-based subpoenas must instruct each non-party to Bates-number all responsive documents with a unique prefix before production.
During the same meet and confer, as it concerns non-party subpoenas that are subject to objections based on Florida’s Constitutional right to privacy or other privilege, confidentiality or trade secret, the parties shall further revise the subject subpoenas duces tecum to request from each of the subpoenaed non-parties that all documents responsive to the subpoenas are bates numbered by each subpoenaed non-party prior to production using a unique prefix (which instruction must be provided within the subject non-party subpoenas to be issued by the party opposing such discovery).
All documents must be pre-marked for identification and Bates stamped.
All documents shall be pre-marked for identification, and shall be Bates stamped for ease of identification during remote testimony.
Electronically stored information produced in response to an interrogatory must be provided in its ordinarily maintained form or a reasonably usable form.
If the records to be produced consist of electronically stored information, the records shall be produced in a form or forms in which they are ordinarily maintained or in a reasonably usable form or forms.
Each page of a non-native production must bear a legible, unique Bates number electronically burned onto the TIF image without obscuring source information.
For files not produced in their native format, each page of a produced document shall have a legible, unique page identifier ("Bates Number") electronically " burned" onto the TIF image in such a manner that information from the source document is not obliterated, concealed, or interfered with.
Native-format ESI must be placed in a Bates-numbered Logical Evidence Container or stored on a Bates-numbered storage device.
Any ESI produced in native data format shall be placed in a Logical Evidence Container that is Bates numbered , or the storage device (i.e., CD, USB, hard drive) containing such files shall be so Bates numbered.
Exhibits used during opening statements must be exact duplicates of admitted exhibits without annotations, graphics, alterations, or embedding into presentations.
However, such exhibits used during opening statement must be an exact duplicate of the exhibit admitted in evidence without any annotations, graphics, alterations, or embedding into a PowerPoint or similar presentations.
Exhibits used during closing arguments must be exact duplicates of admitted exhibits without annotations, graphics, alterations, or embedding into presentations.
However, such exhibits used during closing argument must be an exact duplicate of the exhibit admitted in evidence without any annotations, graphics, alterations, or embedding into a PowerPoint or similar presentations.
Jury-selection PowerPoint slides must use a white background and black font and may not contain photos, diagrams, illustrations, animations, or color.
Such jury selection PowerPoint slides shall be limited to a white background and black font. No photos, diagrams, illustrations, animations, nor color will be permitted in the jury selection PowerPoint.
Documents must be produced on CD-ROM, DVD, a standard PC-compatible external hard drive, or other readily accessible media agreed to by the parties.
Documents shall be produced on CD-ROM, DVD, external hard drive (with standard PC compatible interface), or such other readily accessible computer or electronic media as the parties may hereafter agree upon (the “Production Media”).
Each production medium must identify the producing case, material type, production date, and Bates-number range.
Each item of Production Media shall include: (1) text referencing that it was produced in _______________________ (*:**cv****), (2) the type of materials on the media (e.g., “Documents,” “OCR Text,” “Objective Coding,” etc.) (3) the production date, and (4) the Bates number range of the materials contained on such Production Media item.
When native-format production is impossible or inadvisable, convert each page into a single-page TIFF image reflecting the source document's printed appearance.
native format files shall be converted to static images and each page thereof saved electronically as a single page “TIFF” image that reflects how the source document would have appeared if printed out to a printer attached to a computer viewing the file.
Unless the requesting party agrees otherwise in writing, ESI must be produced in native data format with all associated metadata.
Unless otherwise agreed to in writing by a requesting party, ESI shall be produced in native data format, together with all associated metadata.
Document Filing Requirements207 rules
A complete copy of any referenced deposition transcript, including all exhibits, must be filed on the docket.
If a deposition transcript is referenced, a complete copy must be filed on the docket which includes all exhibits.
Document Type
Deposition Transcript
Affidavits or declarations used to support or oppose a summary-judgment motion must be based on personal knowledge, set out admissible facts, and establish the declarant's competence to testify.
If affidavits or declarations are being used to support or oppose a motion the rule states that they 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.”
Document Type
Affidavit Or Declaration
All materials referenced in support of or opposition to a summary-judgment motion must be in the record and filed on the docket, although previously filed materials need not be refiled.
All materials referenced in support of or opposition to the motion must be in the record, filed on the docket. Materials which have already been filed on the docket need not be refiled.
Document Type
Summary Judgment Supporting Or Opposing Materials
At summary judgment, evidence need not be submitted in trial-admissible form, but its content or substance must be admissible.
At the summary judgment stage, the parties need not submit evidence in a form admissible at trial. However, the content or the substance of the evidence must be admissible.
Document Type
Summary Judgment Evidence
The movant and nonmovant must cite the particular portions of record materials in their summary-judgment motion and response.
The movant and nonmovant must cite to particular parts of materials in the record in the motion and response. Fla. R. Civ. P. 1.510(c)(1)(A).
Document Type
Summary Judgment Motion And Response
A motion for summary judgment must be accompanied by a separate Statement of Material Facts that is contemporaneously filed and 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.
Document Type
Summary Judgment Motion
Movants and nonmovants must satisfy the Pre-Hearing Meeting Requirement and file a Pre-Summary Judgment Hearing Stipulation before the summary judgment hearing.
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.
Document Type
Pre Summary Judgment Hearing Stipulation
The movant must respond to additional facts in the opponent’s Statement of Material Facts even without serving a reply memorandum.
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.
Document Type
Reply Statement Of Material Facts
Each paragraph-by-paragraph response in the non-movant’s Statement of Material Facts must begin with either “disputed” or “undisputed.”
A non-movant’s Statement of Material Facts shall use, as the very first word in each paragraph-by-paragraph response, the word “disputed” or “undisputed.”
Document Type
Non Movant Statement Of Material Facts
Statements of Material Facts must be filed and served as separate documents rather than as exhibits or attachments.
All Statements of Material Facts (whether filed by the movant or the non-movant) shall be filed and served as separate documents and not as exhibits or attachments.
Document Type
Statement Of Material Facts
Statements of Material Facts must use separately numbered paragraphs and support each material fact with specific pinpoint citations to record materials.
All Statements of Material Facts (whether filed by the movant or the non-movant) shall be filed and served as separate documents and not as exhibits or attachments. In additions, the Statements of Material Facts shall: (A) Not exceed ten (10) pages; (B) Consist of separately numbered paragraphs, limited as far as practicable to a single material fact, with each fact supported by specific, pinpoint references or citations as to particular parts of record material
Document Type
Statement Of Material Facts
A general exhibit citation without a page number or pincite is noncompliant when specific evidentiary support is required.
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.
Document Type
Statement Of Material Facts
When the non-movant asserts additional facts, the movant must respond to each additional fact in a separately served Reply Statement of Material Facts.
If a non-movant’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.
Document Type
Reply Statement Of Material Facts
The Reply Statement of Material Facts must follow the non-movant’s additional-fact numbering, begin each paragraph with “disputed” or “undisputed,” and provide record citations for disputed facts.
The Reply Statement of Material Facts shall correspond with the order and paragraph numbering format used in the non-movant’s additional facts, identifying with the very first word in each 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).
Document Type
Reply Statement Of Material Facts
Both parties' counsel must prepare and file a Pre-Summary Judgment Hearing Stipulation no later than five days before the hearing and email a courtesy copy to the Judicial Assistant.
Counsel for the moving and non-moving parties shall prepare a Pre-Summary Judgment Hearing Stipulation (“Stipulation”) which shall be filed with the Court no later than five (5) days prior to the summary judgment hearing with a courtesy copy emailed to the Court’s Judicial Assistant and must contain the following:
Document Type
Pre Summary Judgment Hearing Stipulation
The stipulation must confirm whether all materials relied upon to support the parties’ factual positions have been filed and placed in the record.
The Stipulation shall confirm whether all materials, 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 the moving and non-moving parties are relying on in support of their factual positions have been filed and, therefore, are in the record.
Document Type
Pre Summary Judgment Hearing Stipulation
The stipulation must identify timing issues concerning filing and service of the summary judgment motion, supporting facts, response, and response facts, and unresolved timing issues must be presented in an appropriate written motion before the hearing.
The Stipulation shall confirm whether there are any timing issues with the filing and service of the motion for summary judgment, including the movant’s supporting factual position, and the filing and service of the nonmovant’s response, including the nonmovant’s supporting factual position. Any timing issues shall be reduced to an appropriate written motion to be filed and heard prior to the summary judgment hearing.
Document Type
Pre Summary Judgment Hearing Stipulation
The stipulation must confirm whether the nonmovant will show by affidavit or declaration that essential facts supporting its opposition cannot be presented.
The Stipulation shall confirm whether nonmovant will be showing by affidavit or declaration that it cannot present facts essential to justify its opposition to the summary judgment motion.
Document Type
Pre Summary Judgment Hearing Stipulation
The stipulation must state specific admissibility objections, including the legal grounds and reasons why cited material is inadmissible or why an affidavit or declaration fails personal-knowledge, admissibility, or competency requirements.
The Stipulation shall contain a statement reflecting specific objection(s) stating legal grounds and specific reasons3 why the material cited to support a dispute of fact cannot be presented in a form that would be admissible in evidence or why an affidavit or declaration to support or oppose a motion was not made on personal knowledge, did not set out the facts that would be admissible in evidence, and did not show that the affiant or declarant is competent to testify on the matters stated.
Document Type
Pre Summary Judgment Hearing Stipulation
Proposed summary judgment orders should contain detailed sections summarizing the facts and record citations, stating applicable law, and presenting legal conclusions and reasons for the disposition.
the proposed orders granting/denying the summary judgment motion should contain at, a minimum the following three well-defined sections: (1) summary of facts with citations to particular parts of materials in the record supporting each fact with such specificity the Court could readily locate the portion of the materials supporting such factual positions in the record (i.e., depositions page(s)/line(s), location of materials, records, affidavits, and pleadings in the record by docket/line Revised January 2025 ===== PAGE 12 ===== number together with page and paragraph number), (2) Applicable Law (i.e., general summary judgment standard caselaw, case specific caselaw relevant to any summary judgment issues or legal issues inherent to the cause of action/theory of liability), (3) Legal Conclusions (containing the application of the law to the facts, summary judgment analysis, and specific reasons for granting or denying the motion); and
Document Type
Proposed Order
A certificate of conferral must state that relief was discussed with the opposing party before filing and, if no response occurred, describe the efforts made to initiate dialogue.
Certificate of Conferral Prior to Filing Motion Pursuant to Rule 1.202, Fla. R. Civ. P. I certify that prior to filing this motion, I discussed the relief requested in this motion by [enter method of communication i.e. telephone, Zoom videoconferencing technology, or in-person meeting] on [enter date] with the opposing party and [the opposing party (agrees or disagrees) on the resolution of all or part of the motion] OR [the opposing party did not respond (describing all of the efforts undertaken to accomplish dialogue with the opposing party prior to filing the motion)].
Document Type
Motion
Counsel must jointly prepare and file a short notice confirming compliance with paragraphs 1 and 2 of the order.
Counsel for the Parties shall jointly prepare and file a short Notice of Compliance confirming they have met the requirements of paragraphs 1 and 2 of this order.
Document Type
Notice Of Compliance
The certifying lawyer must state that an authorized firm lawyer had a substantive good-faith discussion with opposing counsel before the motion was noticed for hearing, but no agreement was reached.
I HEREBY CERTIFY that a lawyer in my firm with full authority to resolve this matter had a substantive conversation in person, by telephone, or by communication technology with opposing counsel on [enter date] in a good faith effort to resolve this motion before the motion was noticed for hearing but the parties were unable to reach an agreement.
Document Type
Certificate
As an alternative, the party noticing a motion for hearing must provide a certificate listing good-faith attempts to contact opposing counsel because the authorized lawyer was unable to speak with opposing counsel.
I HEREBY CERTIFY that a lawyer in my firm with full authority to resolve this matter attempted in good faith to contact opposing counsel in person, by telephone, or by communication technology on:
Document Type
Certificate
When a deposition date falls within 30 days of the examination, the CME written report must be provided to deposing counsel at least 5 days before the deposition.
Should any of the dates be within 30 days of the examination, the above referred to CME written report shall be provided to deposing counsel no later than 5 days before the deposition date.
Document Type
Expert Written Report
If an expert's opinions or conclusions change based on new information, opposing counsel must be notified immediately and provided with a revised or supplemental report and updated deposition dates.
Any changes of opinions or conclusions based on new information must be made known to opposing counsel immediately, a revised or supplemental report provided and dates for updated depositions must also be provided.
Document Type
Revised Or Supplemental Expert Report
The party requesting the examination must provide opposing counsel with at least three examiner availability dates when the examination is scheduled.
The party requesting the examination shall also provide to opposing counsel, at the time the examination is scheduled, no less than three dates when the examiner will be available for oral deposition.
Document Type
Deposition Availability Dates
The examiner must be available for deposition within 10 days after rendering the report.
The witness shall be available to be deposed within ten (10) days of rendering the report.
Document Type
Expert Deposition
A Rule 1.360 report is inadmissible at trial unless the parties stipulate to its admission.
No report under Fla. R. Civ. P. 1.360 will be admissible at trial absent a stipulation by the parties.
Document Type
Expert Written Report
The examining physician or healthcare provider must issue a detailed written report and provide it to all counsel within 30 days after the examination.
Pursuant to Fla. R. Civ. P. 1.360(b) a “detailed written report” will be issued by the examining physician or healthcare provider and provided to all counsel no later than 30 days after the day of the examination.
Document Type
Expert Written Report
The motion must include a filed statement certifying that counsel conferred with opposing counsel and that the dispute remains unresolved.
shall file with the court at the time ol filing of the motion a statement certifying that he or she has so conferred with opposing counsel and that counsel have been unable to resolve the disPute.
Document Type
Motion
The notice of hearing on a motion to compel must include the specified certification concerning good-faith conferral and the restriction on cancelling the hearing without the judge's consent.
The moving parly's notice of hearing on a motion to compel shall include the following statement
Document Type
Notice Of Motion
A complete set of proposed jury instructions and verdict forms must be filed with the Clerk and submitted to the Court at the Pretrial Conference.
A complete set of proposed jury instructions and verdict forms were filed with the Clerk and submitted to the Court in hard copy form at the Pretrial Conference.
Document Type
Proposed Jury Instructions And Verdict Forms
If the proposed jury instructions and verdict forms were not submitted at the Pretrial Conference, plaintiffs must file them with the Clerk and submit hard copies to the Court by 9:00 a.m. on the stated date.
The Plaintiff(s) shall file with the Clerk and submit to the Court in hard copy form a complete set of proposed jury instructions and verdict forms by no later than 9:00 a.m. on ___________________________, 20_____.
Document Type
Proposed Jury Instructions And Verdict Forms
Filing & Service rules
Electronic Filing Rules
A Notice of Hearing must be e-filed immediately after hearing time is reserved.
The Notice of Hearing should list all motion(s) and the docket line of the motion, e-filed and served immediately after reserving hearing time.
Page 2 | B. Scheduling Procedures
Proposed orders must be submitted through the E-Portal, with copies provided to all parties.
Proposed orders must be submitted to the Court via the E-Portal with copies to all parties.
Page 3 | D. Submission of Orders and Judgments
If all parties use e-Portal, the proposed order may be emailed to the Court in Microsoft Word format.
If all parties before the Court are using e-Portal, the proposed Order may be emailed to the Court in Mircrosft Word format;
Page 19 | XXII. Proposed Orders When the Court Makes a Ruling Following a Hearing
Filing Timing and Cure Windows
The moving party must serve the summary-judgment motion according to the deadlines specified in the case-management order.
The rule states the moving party “must serve the motion for summary judgment consistent with the deadlines specified in the case management order.” Fla. R. Civ. P. 1.510(b).
Page 3 | Timing to File a Motion and Supporting Factual Position
Although a defendant may file a summary-judgment motion 20 days after the complaint is filed, the Court will not hear a premature motion.
Technically a defendant can file a motion for summary judgment 20 days after the Complaint is filed, however, the Court will not hear premature motions (see below).
Page 3 | Timing to File a Motion and Supporting Factual Position
Except for complex actions or when the operative case-management order provides otherwise, a summary-judgment hearing must occur no later than 30 days before the scheduled pretrial conference.
Except for actions determined to be complex pursuant to Rule 1.201, Fla. R. Civ. P., unless otherwise specified in the operative case management order (“CMO”) hearings on summary judgment motions must be scheduled to be heard no later than 30 days prior to the Pretrial Conference scheduled in the Order Setting Actual Trial Period, Scheduling Pretrial Conference, and Requiring Matters to be Completed Prior to Pretrial Conference.
Page 4 | Timing to File and Serve a Response and Supporting Factual Position
A summary-judgment hearing must be set at least 10 days after the response-service deadline unless the parties stipulate or the court orders otherwise.
Any hearing on a motion for summary judgment must be set for a date at least 10 days after the deadline for serving a response, unless the parties stipulate or the court orders otherwise.
Page 4 | Timing to File and Serve a Response and Supporting Factual Position
The Reply Statement of Material Facts and Reply Memorandum of Law are due at least 10 days before the hearing.
The due date for the Reply Statement of Material Facts and Reply Memorandum of Law is at least 10 days before the time fixed for the hearing.
Page 8 | Reply Statement of Material Facts
The court will generally set a deadline requiring the exceptions or objections pleading to be filed within 5 days after the proposed orders are filed.
generally, the Court will establish a reasonable deadline for filing the exceptions/objections pleading within 5 days following the filing of the proposed orders;
Page 11
The court will generally set a deadline requiring proposed orders to be filed within 7 days after the hearing.
generally, the court will establish a reasonable deadline for filing the proposed orders within 7 days following the hearing;
Page 11
The parties must present their respective proposed orders to the court within 15 days after the meet-and-confer.
Stipulation or Agreed Order, the parties shall present their respective proposed orders to the Court for consideration within 15 days of the meet and confer.
Page 3 | Stipulation or Agreed Order
If the Notice of Compliance is not filed within 15 days after the meet-and-confer, Plaintiff must schedule a 15-minute case-management conference concerning the lack of compliance.
If the Notice of Compliance is not filed within l5 days of the meet and confer, Plaintiff shall schedule a l5- minute Case Management Conference pursuant to 1.200(a) to address specific issues that have resulted in the lack of compliance.
Page 3 | Stipulation or Agreed Order
A hearing must be requested immediately whenever an examination objection is filed, and failure to set an immediate hearing will be treated as abandonment of the examination request.
A hearing must be immediately requested on any objection filed. Failure to set the objection for immediate hearing will be deemed an “Abandonment of the Request” under the rules.
Page 1 | Request for, Objections to and Hearings on
Objections to a Rule 1.360(a)(1)(A) examination request must be filed within 30 days after the written request when process was served at least 15 days earlier.
Objections to “Examination of Persons” under Fla. R. Civ. P. 1.360(a)(1)(A) must be filed no later than 30 days from the written request assuming service of process has occurred at least 15 days prior to the request being served.
Page 1 | Request for, Objections to and Hearings on
A written request for an examination should be made no later than 150 days before the pretrial date.
If examinations under these rules are requested such written request should be made no later than 150 days before the pretrial date to allow time for objections, hearings on same and an opportunity to reset the examination.
Page 1 | Request for, Objections to and Hearings on
The alternative hard-copy submission of proposed jury instructions and verdict forms is due to the Clerk and Court by 9:00 a.m. on the stated date.
The Plaintiff(s) shall file with the Clerk and submit to the Court in hard copy form a complete set of proposed jury instructions and verdict forms by no later than 9:00 a.m. on ___________________________, 20_____.
Page 1 | PRETRIAL CONFERENCE ORDER
Failure to seek an extension of the stated deadlines or to file a Notice of Voluntary Dismissal with Prejudice within 30 days after the paragraph 6 deadline will result in dismissal without prejudice and without further notice.
Upon failure of the parties to request an extension of the deadlines set forth in the paragraphs above or Plaintiff’s counsel’s failure to file a Notice of Voluntary Dismissal with Prejudice by no later than thirty (30) days after the deadline provided in paragraph 6 above, the Court will dismiss the action without prejudice, without further notice to the Plaintiff.
Page 1 | AGREED CASE MANAGEMENT ORDER REGARDING SETTLEMENT
Plaintiffs must file final disposition form 1.998 within the stated number of days after receiving the settlement checks, although the number is blank in the order.
The Plaintiff(s) shall file a final disposition form (form 1.998) within _____ days of receiving the settlement check(s).
Page 1 | AGREED CASE MANAGEMENT ORDER REGARDING SETTLEMENT
Plaintiffs must dismiss the action within the stated number of days after receiving the settlement checks, although the number is blank in the order.
The Plaintiff(s) shall dismiss their action within _____ days of receiving the settlement check(s).
Page 1 | AGREED CASE MANAGEMENT ORDER REGARDING SETTLEMENT
All discovery responses must be supplemented within five days after supplementation is triggered under Florida Rule of Civil Procedure 1.280(g).
All discovery, including interrogatories, requests for production, or requests for admission must be supplemented no later than FIVE (5) DAYS after the duty to supplement is triggered pursuant to Fla. R. Civ. P. 1.280(g).
Page 1 | DISCOVERY, DUTY TO SUPPLEMENT DISCOVERY, AND PRETRIAL DISCOVERY MOTIONS
Other nondispositive pretrial motions must be filed, noticed, and resolved or agreed to by 30 days before the Pretrial Conference.
All other Non-Dispositive Pretrial Motions, other than those pretrial motions governed by paragraphs 11, 13, 17, 20, 21, 22, 23, and 31 must be filed, noticed and resolved by hearing or agreed to by the parties no later than THIRTY (30) DAYS prior to the Pretrial Conference.
Page 1 | FILING AND RESOLUTION OF MOTIONS IN LIMINE AND ALL OTHER PRETRIAL NON-DISPOSITIVE MOTIONS
Fact- and expert-discovery motions, objections, and requests must be filed, noticed, and resolved or agreed to by 90 days before the Pretrial Conference.
All motions, objections, and requests related to fact and expert discovery must be filed, noticed and resolved by hearing, or agreed to by the parties no later than NINTY (90) DAYS prior to the Pretrial Conference.
Page 1 | DISCOVERY, DUTY TO SUPPLEMENT DISCOVERY, AND PRETRIAL DISCOVERY MOTIONS
Counsel must immediately notify the court and file a Notice of Settlement if the case settles or is dismissed.
All counsel shall immediately notify this Court in the event of settlement or dismissal, and the parties shall immediately file a Notice of Settlement.
Page 1 | SETTLEMENT
Case-specific motions in limine must be filed and served by 60 days before the Pretrial Conference and resolved or agreed to by 30 days before it.
All case specific Motions in Limine shall be filed by the moving party and served on all opposing parties no later than SIXTY (60) DAYS prior to the Pretrial Conference and resolved by hearing or agreed to by the parties no later than THIRTY (30) DAYS prior to the Pretrial Conference.
Page 1 | FILING AND RESOLUTION OF MOTIONS IN LIMINE AND ALL OTHER PRETRIAL NON-DISPOSITIVE MOTIONS
All intended trial exhibits must be provided to opposing counsel at least 30 days before the Pretrial Conference.
All exhibits intended to be offered, published, or utilized in any way, at trial, including, but not limited to, evidence, demonstrative purposes, impeachment and rebuttal, shall be exhibited to all opposing counsel THIRTY (30) DAYS prior to the Pretrial Conference.
Page 1 | TRIAL EXHIBITS
Defendants must disclose any retained sur-rebuttal expert witnesses within 14 days after service of Plaintiff’s rebuttal expert disclosure.
No later than FOURTEEN (14) DAYS after Defendant(s) is served with Plaintiff’s retained rebuttal expert witness disclosure, if any, Defendant’s shall disclose each retained sur-rebuttal expert witness, if any, who may testify at trial on behalf of Defendant(s).
Page 1 | DISCLOSURE OF RETAINED EXPERT WITNESSES
Service and Proof of Service Rules
When filing a summary-judgment motion, the movant must simultaneously serve the supporting factual position.
At the time of filing a motion for summary judgment, the movant must serve the movant’s supporting factual position as provided in subdivision (1) above.” Fla. R. Civ. P. 1.510(c)(5).
Page 3 | Timing to File a Motion and Supporting Factual Position
A nonmovant must serve a response containing its supporting factual position no later than 40 days after service of the summary-judgment motion.
A non-moving party “must serve a response that includes the nonmovant’s supporting factual position as provided in subdivision (1) above” no later than 40 days after service of the motion for summary judgment.
Page 4 | Timing to File and Serve a Response and Supporting Factual Position
The Statement of Material Facts accompanying the motion and the opposition must be contemporaneously filed and 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.
Page 6 | Statements of Material Facts Requirement
If applicable, Plaintiff must serve initial service of process on the specified defendants by no later than the court-entered deadline.
(If applicable) Initial Service of Process could not be timely made on Defendant(s) (enter name(s) of defendants) pursuant to Fla. R. Civ. P. 1.070, and in order to advance the resolution of the action within deadlines set forth in Rules 2.250(a)(1)(B) and 2.545(a), (b), and (e), Fla. R. Gen. Prac. & Jud. Admin. Plaintiff must serve initial service of process on such defendant(s) by NO LATER THAN (enter date), 20__.
Page 1 | ORDER FOLLOWING 150 DAY CASE MANAGEMENT CONFERENCE
A Notice of Hearing must be served immediately after hearing time is reserved.
The Notice of Hearing should list all motion(s) and the docket line of the motion, e-filed and served immediately after reserving hearing time.
Page 2 | B. Scheduling Procedures
Copies of each proposed order must be provided to all parties.
Proposed orders must be submitted to the Court via the E-Portal with copies to all parties.
Page 3 | D. Submission of Orders and Judgments
The attorney submitting an order must mail copies to unrepresented parties and file a Notice of Service.
The attorney submitting the order is responsible for ensuring copies of the order(s) are mailed to any unrepresented party or parties and a Notice of Service is filed on the case.
Page 4 | D. Submission of Orders and Judgments
Counsel must serve a copy of the order by regular mail on parties not receiving court filings through the Florida Courts E-Filing Portal and file a certificate of service.
Counsel shall serve a copy of this Order, by regular mail, to all parties not receiving service of court filings through the Florida Courts E-Filing Portal and shall file a certificate of service in the court file.
Page 4 | D. Submission of Orders and Judgments
A deposition notice must be served by the 15th of the preceding month for an Available Date, or at least 20 calendar days before a deposition scheduled on another date.
The party scheduling a deposition(s) during a reserved block of time shall serve a notice of taking deposition no later than (i) the 15th of the preceding calendar month prior to the desired deposition date if set on an Available Date; or (ii) twenty (20) calendar days before the deposition date if, set for a date other than an Available Date.
Page 1 | DEPOSITION AND MEDIATION SCHEDULING
The movant’s enclosure email must copy all opposing counsel or parties and provide several trial dates agreed upon by everyone.
The movant’s enclosure e-mail to the Court shall copy all opposing counsel/parties and provide several trial dates agreed to by all counsel/parties.
Page 7 | II.D Parties’ Agreement to Set Case for Trial
The movant must provide addressed, stamped envelopes to parties who do not receive pleadings and orders through the e-Portal.
The movant shall be responsible for providing addressed, stamped envelopes for parties not receiving pleadings and orders via the e-Portal.
Page 8 | II.H Service on Parties not Participating in E-Portal
The movant must provide a blank, stamped envelope to an appointed mediator who is not using the e-Portal.
Further, the Movant shall provide a blank, stamped envelope for the appointed mediator (if the mediator is not using e-Portal).
Page 8 | II.H Service on Parties not Participating in E-Portal
The party presenting the proposed order must provide addressed, stamped envelopes for parties not using e-Portal.
Further, the party presenting the proposed Order, shall be responsible for providing addressed, stamped envelopes for parties not using the e-Portal;
Page 19 | XXII. Proposed Orders When the Court Makes a Ruling Following a Hearing
If an unrepresented party does not receive e-filings, counsel must immediately mail or hand-deliver an addressed, stamped envelope to the Court.
If an unrepresented party does not receive e-filings, counsel must immediately mail or hand deliver to the Court an addressed, stamped envelope.
Page 19 | XXII. Proposed Orders When the Court Makes a Ruling Following a Hearing
The proposed order service list must contain an e-filing address for opposing counsel or an unrepresented party.
The proposed Order service list must contain e-filing addressed for opposing counsel/unrepresented party.
Page 19 | XXII. Proposed Orders When the Court Makes a Ruling Following a Hearing
When an unrepresented party does not use e-Portal, the proposed order must be submitted in writing with sufficient copies for the Court and each non-e-Portal party.
If there is an unrepresented party involved in the case not using the e-Portal, the proposed Order must be submitted to the Court in writing, with sufficient copies for an original to be entered by the Court and a copy for each party not using e-Portal.
Page 19 | XXII. Proposed Orders When the Court Makes a Ruling Following a Hearing
All counsel and unrepresented parties must receive the cover letter and proposed order at the same time they are provided to the Court.
All counsel and unrepresented parties must be copied on the cover letter, including any proposed Order, at the same time provided to the Court.
Page 20 | XXII.C. Proposed Orders Following Hearing
If counsel lacks an email address for an unrepresented party, counsel must mail or hand-deliver the proposed order and cover letter to the Court.
If counsel does not have an email address for an unrepresented party, counsel must mail or hand deliver the proposed Order and letter to the Court consistent with the instructions above.
Page 20 | XXII.C. Proposed Orders Following Hearing
Copies of the redline or blackline proposed order and hearing transcript must be provided to opposing counsel or an unrepresented party.
Copies of any such “redline” or “blackline’ version of the proposed order and hearing transcript shall be provided to opposing counsel/unrepresented party.
Page 20 | XXII. Proposed Orders When the Court Makes a Ruling Following a Hearing
If counsel lacks an email address for an unrepresented party, counsel must deliver the proposed order, cover letter, and all attachments to the court by mail or hand delivery.
If counsel does not have an email address for an unrepresented party, counsel must mail or hand-deliver the proposed Order, cover letter and all attachments to the Court consistent with the instructions above.
Page 21 | XXIII. Proposed Agreed or Consent Orders or Orders on Motions Not Objected To, Without a Hearing
Counsel must immediately provide the court by mail or hand delivery with an addressed, stamped envelope for any unrepresented party who does not receive e-filings.
If an unrepresented party does not receive e-filings, counsel must immediately mail or hand deliver to the Court an addressed, stamped envelope for that party.
Page 21 | XXIII. Proposed Agreed or Consent Orders or Orders on Motions Not Objected To, Without a Hearing
The proposed order's service list must include the e-filing addresses of opposing counsel or unrepresented parties.
counsel/unrepresented party agrees with the language of the proposed Order. The service list on the Order must contain e-filing addresses for opposing counsel/unrepresented parties.
Page 21 | XXIII. Proposed Agreed or Consent Orders or Orders on Motions Not Objected To, Without a Hearing
All parties must serve and file a notice for each treating physician and non-retained expert by the specified pre-conference deadline.
No later than (enter number) days prior to the Pre-Evidentiary Hearing Conference, all parties shall serve on all opposing counsel and file with the Court a notice containing the following information regarding each treating physician and non-retained expert witness who will testify at the evidentiary hearing as an expert witness on behalf of a party: (a) the name and address of the witness; (b) the area(s) of expertise of the witness; (c) the subject matter of the expected testimony of the witness; (d) the substance of the facts and opinions about which the witness is expected to testify; and (e) a summary of the grounds on which each of the opinions of the witnesses will be based.
Page 1 | TREATING PHYSICIANS AND NON-RETAINED EXPERT WITNESSES.
Courtesy Copy Requirements
A courtesy copy of the Pre-Summary Judgment Hearing Stipulation must be emailed to the Court’s Judicial Assistant.
Counsel for the moving and non-moving parties shall prepare a Pre-Summary Judgment Hearing Stipulation (“Stipulation”) which shall be filed with the Court no later than five (5) days prior to the summary judgment hearing with a courtesy copy emailed to the Court’s Judicial Assistant and must contain the following:
Page 9 | Requirements of the Pre-Summary Judgment Hearing Stipulation
A courtesy copy of any filed exceptions or objections pleading must be emailed to the Court’s Judicial Assistant by the same deadline as filing.
a courtesy copy of any such filed exceptions/objections pleading must be emailed to the Court’s Judicial Assistant by the same deadline as the filing of the same;
Page 11
A courtesy copy of the filed proposed orders must be emailed to the Court’s Judicial Assistant by the same deadline as filing.
a courtesy copy of the filed respective proposed orders must be emailed to the Court’s Judicial Assistant in Word format by the same deadline as the filing of the proposed orders;
Page 11
Although hearing briefs are optional, any submitted hearing brief must have courtesy hard copies delivered to Judge Anderson’s chambers at least three business days before trial.
Hearing Briefs are not required, however, do the parties understand that if you choose to submit them, courtesy hard copies must be delivered to Judge Anderson’s chambers at least three (3) business days before trial to allow adequate time for review? Yes No
Page 1 | PRE-EVIDENTIARY HEARING CASE MANAGEMENT CONFERENCE CHECKLIST
A courtesy copy of the case status report must be provided to the Court before or at the Final Case Management Conference.
At least ten (10) days prior to the Final Case Management Conference, the parties shall confer to prepare a case status report, which shall be filed with the Clerk of the Court and a courtesy copy of the same provided to the Court either prior to or at the time of the Final Case Management Conference.
Page 1 | FINAL CASE MANAGEMENT CONFERENCE
Courtesy copies of documents or supplements intended for a hearing must be served on all parties at least 5 business days before the hearing.
All courtesy copies of documents or supplements that a Party desires the Court to consider at a hearing shall be served upon all Parties at least five (5) business days prior to the applicable hearing.
Page 1 | CASE MANAGEMENT CONFERENCES
Copies of Daubert or expert-witness-related motions must be delivered to the Court when those motions are filed and served.
A copy of all such motions shall be delivered to the Court at the same time they are filed and served.
Page 1 | DAUBERT OR OTHER EXPERT WITNESS ISSUES
One copy of the Joint Pretrial Stipulation must be mailed or delivered to the Court at least 15 days before the Pretrial Conference.
The original shall be filed with the Clerk and one copy shall be mailed or delivered to the Court no later than fifteen (15) days prior to the pretrial conference.
Page 1 | JOINT PRETRIAL STIPULATION
The party filing a motion for trial must email the Judicial Assistant one courtesy copy of the motion together with a completed Division CV-E Trial Set Memorandum.
The party filing the motion for trial must email to the Court’s Judicial Assistant a courtesy copy of the motion for trial together with a completed Division CV-E Trial Set Memorandum to schedule the action for trial pursuant to the division’s procedures (See Section II.) infra.
Page 7 | II.C Motion for Trial
When the parties agree by email to set the case for trial, the movant must email the Judicial Assistant a copy of the filed motion and a fully completed Division CV-E Trial Set Memorandum.
If the parties agree to set the case for trial via e-mail, the movant must e-mail a copy of the filed Motion for Trial and a fully completed Division CV-E Trial Set Memorandum to the Court’s Judicial Assistant.
Page 7 | II.D Parties’ Agreement to Set Case for Trial
If counsel plans to attend the ex parte hearing by phone or Zoom, counsel must email courtesy copies of the notice of hearing, motion to set trial, and fully completed Division CV-E Trial Set Memorandum.
In that case counsel shall e-mail the Court courtesy copies of the Notice of Hearing, Motion to Set, and a fully completed Division CV-E Trial Set Memorandum.
Page 8 | II.F Scheduling Ex Parte Hearing
A written motion with a courtesy copy emailed to the Court and a proposed consent order is required to obtain leave to appear by telephone or Zoom at a non-evidentiary hearing lasting more than thirty minutes.
Should counsel desire to attend a non-evidentiary hearing scheduled for more than thirty (30) minutes via telephone or Zoom, counsel must seek leave of Court by filing a written Motion and providing a courtesy copy of the Motion setting forth good cause to grant the Motion pursuant to Rule 2.530, Fla. R Gen. Prac. &. Jud. Admin. and proposed consent Order to the Court via electronic mail.
Page 9 | III. Setting Hearing for Pending Motion
A written motion with a courtesy copy and proposed consent order emailed to the Court is required to seek leave to present testimony remotely at an evidentiary hearing or trial.
Should counsel desire to participate in an evidentiary hearing or trial and present testimony through telephone, Zoom, or other communication technology, regardless of the duration of the hearing, counsel must seek leave of Court by filing a written motion setting forth good cause to grant the motion pursuant to Rule 2.530(b)(2), Fla. R Gen. Prac. & Jud. Admin. and providing a courtesy copy of the Motion and a proposed Consent Order to the Court via electronic mail.
Page 9 | III. Setting Hearing for Pending Motion
Hard-copy courtesy copies of filings and related devices for a motion set for a time-certain hearing must reach the Court no later than ten business days before the hearing, or immediately if the hearing is scheduled within that period.
Courtesy copies (hard copies) of all Court filings, including, but not limited to, documents as well as items such as flash drives, USB drives, CDs, and other devices pertaining to a motion set for a time certain scheduled hearing MUST be provided to the Court no later than ten (10) business days prior to the scheduled hearing or immediately if the hearing is scheduled within that time period.
Page 10 | III. Setting Hearing for Pending Motion
A motion exceeding 20 pages, including attachments, must not be emailed and must follow the referenced procedures for large documents.
However, any large documents (more than 20 pages, including attachments) must NOT be emailed, rather, in such case, the movant should follow the procedures set forth in Sections III. I. and J. supra.
Page 19 | XXI. Emergency Motion/Motion for Rehearing/Motion for New Trial
The movant must provide the Court a courtesy copy of the Motion by mail, hand delivery, or email.
The movant must provide the Court a courtesy copy of the Motion by mail, hand delivery or email.
Page 19 | XXI. Emergency Motion/Motion for Rehearing/Motion for New Trial
A courtesy copy of the motion, joint stipulation, or related material underlying the proposed order must be provided.
A courtesy copy of the motion, joint stipulation, etc. related to the proposed Order must be provided.
Page 20 | XXIII. Proposed Agreed or Consent Orders, or Orders on Motions Not Objected To, Without a Hearing
One courtesy copy of the proposed orders must be emailed to the Judicial Assistant in Word format by the proposed-order filing deadline.
a courtesy copy of the proposed orders must be emailed to the Court’s Judicial Assistant in Word format by the same deadline as the filing of the proposed orders;
Page 22 | XXIV. Proposed Orders After Court Takes Matter Under Advisement Following a Hearing
A courtesy copy of a filed exceptions or objections pleading must be emailed to the Judicial Assistant by its filing deadline.
a courtesy copy of any such filed exceptions/objections pleading must be emailed to the Court’s Judicial Assistant by the same deadline as the filing of the same.
Page 22 | XXIV. Proposed Orders After Court Takes Matter Under Advisement Following a Hearing
Upon resolving the motion, counsel must immediately notify the court, file a Notice of Cancellation of the Evidentiary Hearing, and email one courtesy copy to the judicial assistant.
All counsel shall immediately notify this Court in the event of resolution of the motion, and the parties shall immediately file a Notice of Cancellation of the Evidentiary Hearing and email a courtesy copy of the same to the Court’s Judicial Assistant.
Page 1 | RESOLUTION OF THE MOTION.
When resolution cancels other pending hearings, counsel must file cancellation notices, email courtesy copies to the judicial assistant, and prepare agreed orders for submission.
Counsel shall also notify the Court of any pending hearings that will be canceled as a result of the resolution of the motion by filing Notice(s) of Cancellation of such shearing(s), emailing courtesy copies of the same to the Court’s Judicial Assistant, and preparing Agreed Order(s) resolving such motion(s) to be submitted to the Court.
Page 1 | RESOLUTION OF THE MOTION.
A courtesy copy of the responding party’s privilege memorandum must be emailed to the Court’s Judicial Assistant.
A courtesy copy of the memorandum shall be provided to the Court’s Judicial Assistant by email.
Page 3 | Privilege Logs
A courtesy copy of any privilege amendment must be emailed to the Court’s Judicial Assistant.
A courtesy copy of any amendments to the privileges shall be provided to the Court’s Judicial Assistant by email.
Page 3 | Privilege Logs
Sealing & Redaction Procedures
The closing statement should not be publicly filed and should instead be submitted directly to the court under seal or brought to any hearing held.
The closing statement should NOT be filed with the Court and should be submitted to the Court directly under seal or be brought to the hearing if one is held.
Page 2 | ITEMS REQUIRED BY THE COURT
A party filing protected health information obtained by subpoena, discovery, or under a qualified protective order must identify it to the Circuit Court Clerk for sealing; a separate sealing order is not required.
Where a party who obtains protected health information from a covered entity by subpoena, other discovery, or in response to a qualified protective order, and the party files such information with the Court, the party shall identi$ such information to the Clerk of the Circuit Court for sealing. A separate order sealing the records is not required. Discovery shall only be filed with the Court in accordance with the Florida Rules of Procedure.
Page 2 | DIVISION CV-E STANDING ORDER ON DISCLOSURE OF PROTECTED HEALTH INFORMATION UNDER THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996
A party admitting protected health information into evidence must identify it to the Court and Circuit Court Clerk for the Court's determination whether to seal the evidence.
Any party who obtains protected health information from a covered entity where such information is admitted into evidence shall identifl, such information to the Court and the Clerk of the Circuit Court for a determination by the Court at that time whether the evidence will be sealed.
Page 2 | DIVISION CV-E STANDING ORDER ON DISCLOSURE OF PROTECTED HEALTH INFORMATION UNDER THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996
Counsel asserting privilege must send documents for in camera inspection to chambers in a sealed envelope marked “FOR IN CAMERA REVIEW/NOT TO BE FILED.”
For all documents submitted for in camera review pursuant to this Order, counsel for the party asserting the privileges raised shall send a cover letter to the Court’s chambers, enclosing documents for in camera inspection in a sealed envelope marked FOR IN CAMERA REVIEW/NOT TO BE FILED.
Page 2 | In Camera Review
Counsel should invoke the sealing process for private or sensitive information before the court record becomes publicly available.
If necessary, counsel should invoke the process of sealing private or sensitive information before the record becomes available as a public record.
Page 29 | PROTECTING CLIENT CONFIDENCES AND DATA
Information obtained during discovery should not be filed absent good cause, which exists only when another procedural rule or a court order permits or requires filing.
At a minimum, pursuant to Rule 1.280(g), information should not be filed with the court absent good cause, which is satisfied only when the filing of the information is allowed or required by another applicable rule of procedure or by court order.
Page 30 | PROTECTING CLIENT CONFIDENCES AND DATA
Materials submitted for in camera review will remain in camera through the case’s conclusion and may be filed under seal for appellate review.
The materials provided to the Court will be maintained in camera until the conclusion of this case and may be filed under seal for purposes of appellate review.
Page 3 | Privilege Logs
Filing Bundling Requirements
The parties must file their respective proposed orders as exhibits attached to the specified Notice of Filing cover pleading.
file the respective proposed orders as exhibits attached to a “Notice of Filing Plaintiff’s/Defendant’s Proposed Order on Defendant’s/Plaintiff’s Motion for Summary Judgment” cover pleading;
Page 11
The respective proposed orders must be filed as exhibits attached to the specified Notice of Filing Proposed Order cover pleading.
file the respective proposed orders as exhibits attached to a “Notice of Filing Plaintiff/Defendant’s Proposed Order on Defendant’s/Plaintiff’s Motion __________________” cover pleading in the court file;
Page 21 | XXIV. Proposed Orders After Court Takes Matter Under Advisement Following a Hearing
The parties should file exhibits jointly; if they do not, each must file unilaterally at least 2 calendar days before the evidentiary hearing.
The parties should seek to file all exhibits jointly, but in the absence of a joint filing, must file uni- laterally at least 2 calendar days in advance.
Page 7 | Remote Procedures Applicable to Evidentiary Hearings — 3.2.3 Document Procedures
Counsel are encouraged to timely file written argument supporting and opposing their positions.
Therefore, counsel are encouraged to timely file written argument supporting and opposing their positions with the Court.
Page 11 | Motion Hearings
The requesting party is encouraged, but not required, to divide in camera review requests into manageable batches rather than requesting review of all documents at once.
The party requesting the in camera review is encouraged to spread out the requests in batches for in camera review and otherwise make the work for the Court more manageable to the extent possible and need not request review of all documents in a single grouping.
Page 2 | In Camera Review
Pre-Motion Conference Requirements
Counsel for both parties must meet no later than 12 days before the summary judgment hearing to confer, prepare the hearing stipulation, review the record, and narrow issues, and moving-party counsel must schedule the meeting.
No later than twelve (12) 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 five (5) 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.
Page 9 | Pre-Hearing Meeting Requirement
Any timing issue identified in the stipulation must be raised in an appropriate written motion filed and heard before the summary judgment hearing.
Any timing issues shall be reduced to an appropriate written motion to be filed and heard prior to the summary judgment hearing.
Page 9 | Time to File a Summary Judgment Motion and Response Rule 1.510(b) and (c)(5)
Materials supporting the parties’ factual positions that are not in the record must be addressed by a consent or agreed order, or by an appropriate motion if the issue cannot be resolved.
To the extent such materials supporting the parties’ respective factual positions are not in the record, the parties shall either prepare a Consent or Agreed Order setting forth provisions to file such materials and make them part of the record to be considered by the Court or, in the event the parties are unable to resolve the issue(s), file an appropriate motion for the matter to be heard prior to or during the scheduled summary judgment hearing.
Page 9 | Materials in the Record/the Materials Cited Fla. R. Civ. P. 1.510(c)(1)(A), (B)
Specific admissibility objections must be reduced to an appropriate written objection or motion to strike filed and heard before the summary judgment hearing.
Any such specific admissibility objections shall be reduced to an appropriate written objection or motion to strike to be filed and heard prior to the summary judgment hearing.
Page 10 | Admissible Evidence Fla. R. Civ. P. 1.510(c)(2) and (4)
If the nonmovant cannot present essential opposition facts and the issue is unresolved, an appropriate motion incorporating the affidavit or declaration must be filed and heard before the summary judgment hearing.
Any such showing shall be reduced to an appropriate motion incorporating the nonmovant’s affidavit or declaration to be filed and heard prior to the summary judgment hearing in the event the issue cannot be resolved by a consent or agreed order.
Page 10 | Facts Unavailable to the Nonmovant Rule 1.510(d)
Before filing a motion to compel under Rule 1.380 or a motion for a protective order under Rule 1.280(c), counsel must confer in good faith with opposing counsel to resolve the dispute and file a certification of the conference and inability to resolve it.
Before hling a motion to compel pursuant to Rule 1.380, Florida Rules of civil Procedure, or a motion for a protective order, as provided in Rule 1.280(c), Florida Rul es of Civil Procedure, counsel for the movi ng pafty shall confer with counsel for opposing party in a good-faith effort to resolve by agreement the issues raised, and shall file with the court at the time ol filing of the motion a statement certifying that he or she has so conferred with opposing counsel and that counsel have been unable to resolve the disPute.
Page 1 | Florida Rule of Civil Procedure 1.380 — Failure to Make Discovery; Sanctions
Parties must meet and confer before filing a motion in a civil case.
Effective January I, 2025, Florida Rule ofCivil Procedure 1.202 titled "Conferral Prior to Filing Motions" requires parties to meet and confer before filing a motion in a civil case.
Page 1 | DIVISION CV-E GUIDELINES FOR RULE 1.202 CONFERRAL PRIOR TO FILING
Before scheduling a hearing on any motion other than motions for injunctive relief without notice, judgment on the pleadings, or to permit class action, parties must complete the mandatory meet-and-confer process.
Since January I, 2020, Division CV-E Policies and Procedures 1 published on the Fourth Judicial Circuit's website2 established a mandatory meet and confer process to occur before scheduling the hearing on all motions except for the following motions: injunctive reliefwithout notice;judgment on the pleadings; or to permit class action.
Page 1 | DIVISION CV-E GUIDELINES FOR RULE 1.202 CONFERRAL PRIOR TO FILING
Before filing a section 768.0427 motion and scheduling its hearing, counsel must consider and discuss the listed collateral-source-rule issues, and may also need to address other applicable issues.
In any event, at a minimum, counsel for the parties must consider and discuss the following during the conferral process prior to filing 768.0427 Motion and scheduling 768.0427 Motion hearings:
Page 2 | A. Collateral Source Rule History; B. Collateral Source Rule Post-Section 768.0427
Before filing a discovery motion or scheduling a hearing, the parties must confer in person or by communication technology and make a good-faith effort to resolve the dispute by agreed order.
The parties confirm they will comply with their duty to confer with the opposing party in-person or by communication technology in a good faith effort to resolve any discovery dispute by agreed order before filing a motion and scheduling a hearing.
Page 1 | Discovery Practice
A pre-filing conferral must involve a substantive, good-faith conversation in person, by telephone, or through communication technology; an exchange of ultimatums is insufficient, and any assertion of failed conferral must detail at least three attempts during the preceding month.
This Court construes the term “confer” as requiring a substantive conversation in person, by telephone, or by communication technology in a good faith effort to resolve the issues raised in the motion without the need to file the motion, and does not envision an exchange of ultimatums by text, e-mail, fax, or letter. A statement that counsel attempted to confer with opposing counsel is insufficient unless the good faith statement details the date and time of at least three attempts to confer that occurred within the one-month period prior to the filing of the motion. The rule 1.202 Certificate of Conferral should describe, with particularity, all of the efforts undertaken to accomplish dialogue with the opposing party or opposing party’s counsel prior to filing the subject motion.
Page 11 | L. Meet and Confer Requirement Prior to Filing the Motion
Before filing a motion, the movant must confer in good faith with the opposing party to resolve the motion’s issues, subject to the listed motion exceptions.
Pursuant to Fla. R. Civ. P. 1.202(a), before filing a motion, except for injunctive relief, for judgment on the pleadings, for summary judgment, to dismiss or to permit maintenance of a class action, to dismiss for failure to state a claim upon which relief can be granted, or to involuntary dismiss an action, the movant must confer with the opposing party in a good faith effort to resolve the issues raised in the motion.
Page 11 | L. Meet and Confer Requirement Prior to Filing the Motion
Counsel with settlement authority must confer before scheduling the hearing and file a first-option certificate with the Notice of Hearing; the counsel scheduling the hearing is responsible for arranging it.
Counsel with full authority to resolve the matter shall confer before scheduling the hearing on the motion to attempt to resolve or otherwise narrow the issues raised in the motion and include a Certificate of Conferral Prior to Scheduling Motion for Hearing (attached hereto as “Exhibit B” “First Option”) that the conference has occurred with the Notice of Hearing filed with the court. It shall be the responsibility of counsel who schedules the hearing to arrange the conference.
Page 12 | M. Meet and Confer Requirement Prior to Scheduling a Hearing on the Motion
In Circuit Civil Division CV-E, counsel must confer before scheduling a hearing on a motion, except for the specifically listed motions.
A mandatory meet and confer process is hereby established as set forth below, for all motions to be set for hearing in Circuit Civil Division CV- E and to occur before scheduling the hearing except for the following motions: injunctive relief without notice; judgment on the pleadings; default, default final judgment, default summary judgment; or to permit maintenance of a class action.
Page 12 | M. Meet and Confer Requirement Prior to Scheduling a Hearing on the Motion
Failure to make a good-faith pre-filing effort may result in striking or denial of the motion, sanctions, or denial of requested relief; the Court may waive the requirement in appropriate circumstances.
Movant’s failure to make a good-faith effort to resolve the issues raised in the motion before filing a motion pursuant to Rule 1.202(a) may, in the Court’s discretion, result in the motion being stricken from the Court’s hearing calendar or denied, the imposition of sanctions, and/or the denial of any monetary or non-monetary sanctions requested by movant in the motion. The Court may waive this good-faith effort requirement under appropriate circumstances.
Page 12 | L. Meet and Confer Requirement Prior to Filing the Motion
A qualifying pre-scheduling conference requires a substantive, good-faith conversation in person, by telephone, or through communication technology rather than an exchange of ultimatums.
The term “confer” requires a substantive conversation in person, by telephone, or by communication technology in a good faith effort to resolve the motion without the need to schedule a hearing and does not envision an exchange of ultimatums by fax, e-mail or letter. Counsel who merely attempt to confer have not conferred for purposes of this Order.
Page 12 | M. Meet and Confer Requirement Prior to Scheduling a Hearing on the Motion
Counsel must make a good-faith effort to resolve motion issues before scheduling a hearing, subject to waiver by the Court under appropriate circumstances, and may face cancellation, striking, denial, or sanctions for noncompliance.
(vi) Failure to make a good-faith effort to resolve the issues raised in the motion before scheduling a hearing on the motion may, in the Court’s discretion, result in the hearing being canceled, the motion stricken from the Court’s calendar or denied, the imposition of sanctions, and/or the denial of any monetary or non-monetary sanctions requested by movant in the motion. The Court may waive this good-faith effort requirement under appropriate circumstances.
Page 13 | III. Setting Hearing for Pending Motion
Every discovery motion and motion to compel must be set for hearing; filing without scheduling will be treated as abandonment of the motion.
All discovery motions and motions to compel must be set for hearing to bring the matter to the Court’s attention. The mere filing of a motion is insufficient. Any motions filed but not set for hearing will be considered abandoned.
Page 14 | VIII. Motion to Compel or Motion for Sanctions for Failure to Produce Discovery and Motion for Protective Order
A motion in limine may not be scheduled for hearing unless counsel completed the meet-and-confer requirement and included the required certificate of conferral in the motion.
MIL may not be scheduled for a hearing unless counsel have complied with the “Meet and Confer” Requirement (See Sections III L. and M.), supra and such MIL contain a certification of a good faith attempt as to each item to resolve the matter without court action in the form of a Certificate of Conferral Prior to Filing Motion (attached hereto as Exhibit A”) that the conference has occurred in the MIL
Page 18 | XX. Motions in Limine (MIL)
Counsel must raise a Daubert challenge as soon as reasonably aware of its basis, and must advance the motion and seek a hearing promptly after filing; an untimely motion is generally not considered and failure to advance it may result in waiver.
Accordingly, counsel have an obligation to raise a Daubert challenge as soon as the party is reasonably aware of the basis for it. Absent “exceptional circumstances,” an untimely Daubert motion will not be considered by the Court. After filing the Daubert motion, the moving party has an obligation to advance the motion by bringing it to the Court’s attention and timely seeking a hearing. The Court shall consider the failure to do so a waiver.
Page 1 | PROCEDURES FOR SCHEDULING F.S. 90.702 (“DAUBERT”) TYPE HEARINGS IN DIVISION CV-E
Daubert hearings must be scheduled and heard at least 30 days before the pretrial conference.
ALL HEARINGS OF THIS NATURE MUST BE SCHEDULED AND HEARD AT LEAST THIRTY (30) DAYS PRIOR TO THE PRE-TRIAL CONFERENCE.
Page 1 | PROCEDURES FOR SCHEDULING F.S. 90.702 (“DAUBERT”) TYPE HEARINGS IN DIVISION CV-E
Counsel must meet and confer under the Division CV-E Policies and Procedures to resolve objections to the admissibility of expert opinion testimony after filing and serving a qualifying Daubert or expert-witness motion.
Once a timely, proper, facially sufficient, case-specific and expert-specific Daubert motion or motion related to other expert witness issues such as qualification(s) or opinion(s) has been filed and served on opposing counsel pursuant to the Order Setting Case for Trial and Pre-Trial Conference and Requiring Matters to be Completed Prior to Pre-Trial Conference, counsel shall comply with the specific provisions of the “Division CV-E Policies and Procedures” related to this motion, including but not limited to, the “Meet and Confer” Requirements (Section III. L. and M.). Counsel shall meet and confer pursuant to said “Meet and Confer” Requirements (Section III. L. and M.) of the “Division CV-E Policies and Procedures” to resolve any issues or objections to the admissibility of expert opinion testimony.
Page 4 | PROCEDURES FOR SCHEDULING F.S. 90.702 (“DAUBERT”) TYPE HEARINGS IN DIVISION CV-E
Adjournment & Extension Requirements
A motion to continue a summary judgment hearing should include an affidavit or declaration explaining the discovery not yet conducted, the discovery expected, why it has not been obtained, and how it will defeat the motion.
An appropriate affidavit or declaration should be attached to a motion to continue the hearing that explains: what discovery the nonmovant has not been able to conduct; what the nonmovant expects to discover; why the nonmovant has not been able to obtain the discovery so far; and how the anticipated discovery will defeat the summary judgment motion.
Page 6 | Premature Summary Judgment Motions
The parties may extend the order's deadlines only with court approval, either through an agreed order submitted to the court or a court order entered after a hearing on disputed extension requests.
The parties are not permitted to grant extensions to the deadlines set forth in this Order, without Court Approval in the form of an Agreed Order submitted to the Court or an Order entered by the Court after hearing argument concerning any disputes between the parties regarding such deadline extensions.
Page 1 | AGREED CASE MANAGEMENT ORDER REGARDING SETTLEMENT
The deadline for Plaintiff to serve initial process may be extended only to the court-entered date; no further extension will be granted.
(If necessary) Plaintiff(s) deadline to serve initial service of process on Defendant(s) (enter name(s) of defendants) pursuant to Fla. R. Civ. P. 1.070 is hereby extended to (enter date), 20__. No further extensions of the deadline to serve initial service of process on said Defendant(s) will be granted.
Page 1 | ORDER FOLLOWING 150 DAY CASE MANAGEMENT CONFERENCE
A continuance or extension motion must be approved at a hearing no later than the Pretrial Conference, and noncompliant motions will not be heard absent good cause.
Any such motion(s), stipulation(s), or agreement(s) must be approved upon hearing by the Court no later than the Pretrial Conference. No such motion will be heard that is not in compliance with this Order except upon good cause shown.
Page 1 | CONTINUANCES
A continuance or deadline-extension request that changes the trial period must be written and include specified reasons, opposition status, readiness details, proposed dates, signatures, and conferral information.
motions for continuance or stipulations/agreements and motions to amend or extend deadlines set forth in this order that change the trial period, even if agreed, must be in writing and state with specificity the following: The signature of the named party and the attorney representing the party requesting the continuance except for good cause shown; a concise statement of the facts and reasons that form the basis of the need for the continuance, including when the basis became known to the movant; whether the motion is opposed; the action and specific dates for the action that will enable the movant to be ready for trial by the proposed date, including, but not limited to, confirming the specific date any required participant such as third-party witnesses or experts are available; the proposed date by which the case will be ready for trial and whether that date is agreed to by all parties; and either a certificate of conferral substantially in the form provided in rule 1.202(b), Fla. R. Civ. P., or if the conference required in rule 1.460(d), Fla. R. Civ. P. did not occur, an explanation of the dates and methods of the efforts to confer substantially in the alternative form provided in rule 1.202(b), Fla. R. Civ. P.
Page 1 | CONTINUANCES
Continuances are disfavored, require good cause and at least five days' advance submission, and generally must be signed by the requesting party absent good cause.
Continuances are disfavored and will be granted only upon good cause shown. A request for continuance must be submitted at least five (5) days prior to the scheduled court date. 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).
Page 5 | I. Setting Case for Trial
A continuance or trial-period extension request must be written and state the required signature, reasons, opposition, readiness actions and dates, proposed trial date, and conferral certificate or explanation of conferral efforts.
motions for continuance or stipulations/agreements and motions to amend or extend deadlines set forth in this order that change the trial period, even if agreed, must be in writing and state with specificity the following: the signature of the named party and the attorney representing the party requesting the continuance except for good cause shown; a concise statement of the facts and reasons that form the basis of the need for the continuance, including when the basis became known to the movant; whether the motion is opposed; the action and specific dates for the action that will enable the movant to be ready for trial by the proposed date, including, but not limited to, confirming the specific date any required participant such as third-party witnesses or experts are available; the proposed date by which the case will be ready for trial and whether that date is agreed to by all parties; and either a certificate of conferral substantially in the form provided in rule 1.202(b), Fla. R. Civ. P., or if the conference required in rule 1.460(d), Fla. R. Civ. P. did not occur, an explanation of the dates and methods of the efforts to confer substantially in the alternative form provided in rule 1.202(b), Fla. R. Civ. P..
Page 1 | CONTINUANCES
A continuance or extension motion must be approved at a hearing no later than the Pretrial Conference, and noncompliant motions will not be heard absent good cause.
Any such motion(s), stipulation(s), or agreement(s) must be approved upon hearing by the Court no later than the Pretrial Conference. No such motion will be heard that is not in compliance with this Order except upon good cause shown.
Page 1 | CONTINUANCES
Modification or extension of this order's provisions and deadlines requires a motion or stipulation and a written court order.
The provisions and deadlines of this Order, to the extent they can be modified or extended, shall only be modified, or extended upon motion/stipulation and written Court order.
Page 1 | MODIFICATION OF THIS ORDER; EXTENSION OF TIME LIMITS AND DEADLINES
The court must approve a compliant continuance motion, stipulation, or agreement by the pre-evidentiary hearing conference; noncompliant motions will be heard only on a showing of good cause.
Any such motion(s), stipulation(s), or agreement(s) must be approved upon hearing by the Court no later than the Pre-Evidentiary Hearing Conference. No such motion will be heard that is not in compliance with this Order except upon good cause shown.
Page 1 | CONTINUANCE OF THE EVIDENTIARY HEARING.
No party may unilaterally, individually, or by agreement waive or modify the order; modifications and extensions require a motion or stipulation and a written court order.
The parties shall not unilaterally, individually or by agreement, modify this Order or waive any of the provisions of this Order. The provisions and deadlines of this Order, to the extent they can be modified or extended, shall only be modified, or extended upon motion/stipulation and written Court order.
Page 1 | MODIFICATION OF THIS ORDER; EXTENSION OF TIME LIMITS AND DEADLINES.
Unresolved extensions to the listed deadlines or other permissible deadline changes require a showing of good cause and court approval by written order.
Extensions to the specific deadlines set forth in paragraphs 5-7, 9-13, 17, 18, and 19 above, and any other permissible extension of the deadlines or compliance dates established herein or modifications of this order, that the parties are unable to resolve, requires Court approval for good cause shown and a written Court order.
Page 1 | MODIFICATION OF THIS ORDER; EXTENSION OF TIME LIMITS AND DEADLINES.
The parties may extend most order deadlines without court approval, except for the listed paragraphs and any extension that would continue the evidentiary hearing or trial.
The parties are permitted to grant extensions to the deadlines set forth in this order, without Court approval, except for paragraphs 5-7, 9-13, 17, 18, and 19 above, provided that any such deadline extension agreement does not cause a continuance of the evidentiary hearing or the trial.
Page 1 | MODIFICATION OF THIS ORDER; EXTENSION OF TIME LIMITS AND DEADLINES.
A written continuance request must be signed and explain the reasons, requested duration, future readiness date, and any witness-availability alternatives.
Accordingly, motions for continuance of the evidentiary hearing or stipulations/agreements and motions to amend or extend deadlines set forth in this order that change the trial period must be in writing and set forth the following: The signature of the party and the attorney representing the party requesting the continuance of the evidentiary hearing. A concise statement of the facts and reasons for the continuance. If a continuance is sought on the ground of nonavailability of a witness, the motion must show when it is believed the witness will be available and whether preserving their testimony by pre-evidentiary hearing deposition or allowing the witness(es) to appear via Zoom videoconferencing technology would allow the Court to avoid a continuance. Length of time requested for the continuance and when the case will be subsequently prepared for the evidentiary hearing with all witnesses available to testify.
Page 1 | CONTINUANCE OF THE EVIDENTIARY HEARING.
A scheduled Daubert hearing will not be continued unless the court orders the continuance.
once scheduled, such hearings will not be continued without a court order.
Page 1 | PROCEDURES FOR SCHEDULING F.S. 90.702 (“DAUBERT”) TYPE HEARINGS IN DIVISION CV-E
The court must approve a continuance or extension motion on hearing by the Pretrial Conference, and a noncompliant motion will not be heard absent good cause.
Any such motion(s), stipulation(s), or agreement(s) must be approved upon hearing by the Court no later than the Pretrial Conference. No such motion will be heard that is not in compliance with this Order except upon good cause shown.
Page 1 | CONTINUANCES.
A continuance or trial-period-changing extension request must be written and state the specified continuance information.
motions for continuance or stipulations/agreements and motions to amend or extend deadlines set forth in this order that change the trial period, even if agreed, must be in writing and state with specificity the following:
Page 1 | CONTINUANCES.
A continuance request must include a certificate of conferral or, if the required conference did not occur, an explanation of the conferral efforts.
either a certificate of conferral substantially in the form provided in rule 1.202(b), Fla. R. Civ. P., or if the conference required in rule 1.460(d), Fla. R. Civ. P. did not occur, an explanation of the dates and methods of the efforts to confer substantially in the alternative form provided in rule 1.202(b), Fla. R. Civ. P..
Page 1 | CONTINUANCES.
Rescheduling, cancellation, extension, or postponement requests must rest on reasonably legitimate reasons and must not be sought solely for delay or unfair advantage.
13. A lawyer should not request rescheduling, cancellations, extensions, or postponements without reasonably legitimate reasons and never solely for the purpose of delay or obtaining unfair advantage.
Page 4 | B. SCHEDULING, CONTINUANCES, AND EXTENSIONS OF TIME
A lawyer should accede to reasonable requests for extensions and postponements when doing so would not prejudice the client's opportunity for full, fair, and prompt adjudication.
8. A lawyer should accede to all reasonable requests for scheduling, rescheduling, cancellations, extensions, and postponements that do not prejudice the client's opportunity for full, fair, and prompt consideration and adjudication of the client's claim or defense.
Page 4 | B. SCHEDULING, CONTINUANCES, AND EXTENSIONS OF TIME
Reasonable response-deadline extensions should ordinarily be agreed to by email or correspondence unless time is of the essence or court rules require a motion and order, and arbitrary deadline enforcement should be avoided when no real prejudice would result.
9. Requests for reasonable extensions of time to respond to litigation deadlines, whether relating to pleadings, discovery, or motions, ordinarily should be granted between counsel as a matter of courtesy unless time is of the essence, and unless the Court or rules of procedure require a motion and order as to the requested extension, counsel should agree to extensions of time via email or other correspondence to create efficient and cost effective litigation, and to avoid unnecessary motion practice. Unreasonable and arbitrary adherence to deadlines, often set very early in the litigation process, should be avoided whenever doing so can better accommodate schedules and while not causing any real prejudice to the rights of the client. Professionalism and courtesy should not be subordinated to opportunism or arbitrary inflexibility.
Page 4 | B. SCHEDULING, CONTINUANCES, AND EXTENSIONS OF TIME
An extension should not carry unfair or extraneous conditions or be used to preclude an opponent's substantive rights, although reciprocal scheduling concessions may be preserved.
12. A lawyer should not attach to extensions unfair and extraneous conditions. A lawyer is entitled to impose conditions, such as preserving the right to seek reciprocal scheduling concessions. However, when granting extensions, a lawyer should not seek to preclude an opponent's substantive rights, such as the right to move against a complaint.
Page 4 | B. SCHEDULING, CONTINUANCES, AND EXTENSIONS OF TIME
Chambers Communication Rules
All communications with the Court must be emailed to DuvalFC@coj.net.
All communications with the Court must be submitted to the Foreclosure Case Management Office by email at DuvalFC@coj.net.
Page 1 | A. Communications with the Court
All parties must be copied on emails to the judicial office unless law authorizes an ex parte communication.
All parties must be copied on any email directed to the judicial office, unless an ex parte communication is authorized by law.
Page 1 | A. Communications with the Court
A hearing may not be canceled without the Court's consent.
Once a hearing is set, it may NOT be cancelled without the consent of the Court.
Page 2 | B. Scheduling Procedures
A requested hearing date or time is not secured until the Foreclosure Case Management Office sends confirmation.
Hearing dates/times are not secured until confirmation is sent from the Foreclosure Case Management Office.
Page 2 | B. Scheduling Procedures
No party may add or notice additional matters in a hearing slot without the Foreclosure Case Management Office's express consent.
Once a hearing time is set, no party may add or notice additional matters for that time without the express consent from the Foreclosure Case Management Office.
Page 2 | B. Scheduling Procedures
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 email address to receive signed orders electronically, unless excused.
Page 2 | A. Communications with the Court
The moving party that set a hearing must contact the Court to request cancellation.
The moving party who set the hearing is the party responsible for contacting the Court to request the hearing be canceled.
Page 2 | B. Scheduling Procedures
A party may not treat a hearing as removed merely because a notice of cancellation or dismissal was filed.
Do NOT assume the hearing is removed by filing a notice of cancelation, notice of dismissal, etc.
Page 2 | B. Scheduling Procedures
For an emergency pleading, only one copy must be delivered to the court office by email, mail, or hand delivery.
The Court requires a copy to be delivered to the office by email, mail or hand delivery. Please send only one copy.
Page 4 | F. Emergency and Other Urgent Matters
A motion seeking more than one hour of hearing time must be scheduled ex parte, and counsel must confer and email the Judicial Assistant a Division CV-E Trial Set Memorandum estimating the hearing time.
Any Motion, regardless of whether the hearing will be conducted in person, telephonically, and/or via Zoom, for which counsel is seeking more than one hour of hearing time must be scheduled with the Court during Ex Parte (See Section I, supra) and counsel shall meet and confer to prepare a Division CV-E Trial Set Memorandum estimating the time required for such motion hearing to be emailed to the Court’s Judicial Assistant for consideration by the Court.
Page 13 | V. Hearing Requiring More Than One (1) Hour
A hearing is not canceled until confirmed by the Court; counsel should continue seeking confirmation if none is received, because filing a Notice of Cancellation with the Clerk is insufficient.
B. DO NOT assume the hearing is automatically removed from the Court’s calendar. If you do not receive a telephone call or email confirming the cancellation, please try contacting the Judicial Assistant again. A Notice of Cancellation that has been e-filed with the Clerk is not sufficient notice of a cancellation. Cancellation of a hearing MUST be confirmed with and by the Court.
Page 14 | VII. Cancellation of Hearing
The Court will not consider unsolicited communications from non-parties.
Unsolicited communications from non-parties will not be considered by the Court.
Page 1 | A. Communications with the Court
Each email to the Court must identify the case number, case name, and relevant matter in its subject line.
The subject line must contain the case number, case name, and relevant matter (e.g., 2025 CA 001234 – ABC v. 123 - 2-Hour Hearing Requested.).
Page 1 | A. Communications with the Court
Attorneys and self-represented litigants must use Form 2.603 whenever their electronic-service email account 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 email account registered for electronic service.
Page 2 | A. Communications with the Court
The Foreclosure Case Management Office will confirm a hearing cancellation.
The Foreclosure Case Management Office will confirm the cancellation.
Page 2 | B. Scheduling Procedures
A party requesting a hearing on a pending pleading should email the Foreclosure Case Management Office and copy all other parties.
The party requesting a hearing on any pending pleading should email the Foreclosure Case Management Office copying all other parties at DuvalFC@coj.net.
Page 2 | B. Scheduling Procedures
Ex parte hearings are suspended in Division FC-E.
Ex-parte hearings are currently suspended for Division FC-E.
Page 2 | B. Scheduling Procedures
Hearing coordination must use E-Portal with opposing counsel or pro se parties unless an ex parte communication is authorized by law.
All hearings must be coordinated with opposing counsel or pro se parties utilizing E-Portal unless an ex-parte communication is authorized by law.
Page 2 | B. Scheduling Procedures
Counsel attending an ex parte hearing by phone or Zoom must schedule a time-certain hearing and file and email a Notice of Hearing containing participation instructions and identifying in-person participants.
If any counsel, local and/or out-of-town counsel plan on attending the ex parte hearing by phone or by Zoom, please contact the Court to schedule a time-certain hearing and file a Notice of Hearing containing specific telephonic instructions or a Zoom invitation, identifying any parties/counsel appearing in-person at such hearing, and e-mail the Notice to the Court at pfields@coj.net.
Page 6 | I. EX PARTE HEARINGS
Counsel must promptly call the Court’s Chambers at the time of a telephonic hearing.
Counsel must call the Court’s Chambers at the number above promptly at the time of the telephonic hearing.
Page 10 | III. Setting Hearing for Pending Motion
Counsel who resolves or narrows motion issues at the conference must inform the Court and Judicial Assistant.
(v) Counsel who notices the hearing shall ensure that the Court and the Court’s Judicial Assistant are aware of any narrowing of the issues or other resolution as a result of the conference.
Page 13 | III. Setting Hearing for Pending Motion
When canceling a hearing, counsel is asked to call the Court with opposing counsel present and may alternatively email the Judicial Assistant while copying opposing counsel.
A. When cancelling a hearing, please call the Court with opposing counsel’s office on the line. You may also email the Judicial Assistant and copy opposing counsel notifying the Judicial Assistant of the cancellation.
Page 14 | VII. Cancellation of Hearing