Judge James E. Kallaher
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Courtesy Copies
Courtesy copies
- Upon Filing
Motion
- 1 copy
Motion, Joint Stipulation
Notice Of Settlement Or Dismissal
Communication
Chambers
Phone
Clerk
Document Format Requirements2 rules
Orders must be electronically signed and submitted in Word format.
Orders are electronically signed and should be submitted to the Court in Word format.
DOCX
Party-signed consent judgments may be submitted in PDF format.
Consent judgments signed by the parties may be sent in .pdf.
Document Filing Requirements58 rules
The petition must include the decedent's date of death and a legal description of the property, not merely a street address.
The Petition includes decedent’s date of death. The Petition contains a legal description of the property (a street address is insufficient).
Document Type
Petition
The applicable certification clause must be reviewed and signed before submitting the checklist with the petition.
Please review and sign the applicable certification clause at the end of the checklist prior to submitting it with your Petition.
Document Type
Checklist
The petition must be verified and signed by the petitioner.
The Petition is verified and signed by the Petitioner.
Document Type
Petition
The applicable certification must state that the signer reviewed the required information and that all required information was filed previously or concurrently with the petition.
The undersigned Petitioner☐ (print name)__________________________/Attorney ☐ (print name)_____________________________certifies that he/she has reviewed the information necessary to support the Petition to Determine Homestead. The Petitioner ☐/Attorney ☐ further certifies that all the required information was previously filed or filed concurrently with the Petition.
Document Type
Certification
The proposed order must identify the beneficiaries, describe the real property, determine protected homestead status, and direct surrender of the homestead property.
The proposed order reflects title passing to the correct beneficiaries. The proposed order describes the real property and determines whether any of the real property constitutes the protected homestead of the decedent and directs the personal representative/debtors of the decedent to surrender the homestead property.
Document Type
Proposed Order
When notice to creditors is required, the publication period must have expired and proof of notice to AHCA must be filed.
The publication period for the notice to creditors has expired and proof of notice to AHCA has been filed
Document Type
Proof Of Notice To AHCA
For a represented petitioner, only counsel completes the applicable certification clause; for a pro se petitioner, the petitioner completes it.
If the Petitioner is represented by counsel, only counsel must complete the applicable Certification Clause. If the Petitioners is pro se then the applicable Certification must be completed by the Petitioner.
Document Type
Certification
When an attorney signs Certification B, the attorney’s signature and date are required.
Attorney’s signature:______________________________ Signed on_________________________, 20____
Document Type
Certificate
Certification B must include the petitioner or attorney’s printed name and certification that the information necessary to support the Petition to Determine Homestead has been reviewed.
The undersigned Petitioner☐ (print name)__________________________/Attorney ☐ (print name)_____________________________certifies that he/she has reviewed the information necessary to support the Petition to Determine Homestead.
Document Type
Certificate
The petitioner must sign and date the document.
Petitioner’s signature:______________________________ Signed on_________________________, 20____
Document Type
Certificate
If information cannot be submitted, the petitioner or attorney must certify that a diligent search and reasonable effort were made and state the reasons the information could not be submitted.
The Petitioner ☐/Attorney ☐ certifies that, after a diligent search and reasonable effort, the Petitioner ☐/Attorney ☐ was unable to submit the following information for the following reasons:
Document Type
Certificate
The Joint Pre-Trial Stipulation must concisely identify admitted facts that will not require proof at trial.
a concise statement of those facts which are admitted and will not require proof at trial;
Document Type
Pretrial Stipulation
The parties must prepare and sign the Joint Pre-Trial Stipulation, file it at the Pre-Trial Conference, and include all eight categories of specified trial-preparation information.
The parties shall cooperate in preparation of the Joint Pre-Trial Stipulation which shall be signed by both signed by the parties or their counsel and filed with the Court at the Pre-Trial Conference. The suggested format for the Joint Pre-Trial Stipulation can be found at the Court’s webpage and shall contain at least the following:
Document Type
Pretrial Stipulation
The Joint Pre-Trial Stipulation must provide a complete witness list, including anticipated impeachment witnesses and each witness’s name and address.
a complete list of witnesses, including anticipated impeachment witnesses, specifying the name and address of each;
Document Type
Pretrial Stipulation
The Joint Pre-Trial Stipulation must state objections to specific portions of video depositions, testimony, or video exhibits that may be offered at trial.
a statement reflecting objections to specific portions of video deposition, testimony, or video exhibits which may be offered at trial; and
Document Type
Pretrial Stipulation
The Joint Pre-Trial Stipulation must concisely identify facts remaining to be litigated.
a concise statement of those facts which remain to be litigated;
Document Type
Pretrial Stipulation
All trial exhibits must be shown to opposing counsel at the Attorney Conference.
All exhibits intended to be offered at trial shall be exhibited to all opposing counsel at the Attorney Conference.
Document Type
Trial Exhibits
The Joint Pre-Trial Stipulation must concisely state the nature of the action and all claims to be tried for the Court to read to the jury.
a concise factual statement of the nature of the action which shall be read to the jury by the Court to apprise the jury of the nature of the case, all claims of any party to be tried;
Document Type
Pretrial Stipulation
The Joint Pre-Trial Stipulation must include an exhibit list with specific objections, following the suggested Trial Exhibit table.
exhibit list including the specific objections to any exhibit. The suggested Trial Exhibit table can be found at the Court’s webpage;
Document Type
Pretrial Stipulation
Each defendant's expert-witness notice must contain the same information required for Plaintiff's retained-expert notice.
No later than [90DAYS] prior to the Pre-Trial Conference, each Defendant shall serve on all other counsel and file with the Court a Notice containing the same information regarding each expert witness who will testify at trial on behalf of that Defendant.
Document Type
Defendant Expert Notice
Plaintiff's retained-expert notice must state each expert's identity and address, expertise, expected testimony, facts and opinions, and the grounds supporting each opinion.
No later than [120 DAYS] prior to the Pre-Trial Conference, Plaintiff shall serve on all opposing counsel and file with the Court a Notice containing the following information regarding each retained expert witness who will testify at trial on behalf of Plaintiff: a) the name and address of the expert witness; b) the area(s) of expertise of the witness: c) the subject matter of the expected testimony or 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 witness will be based.
Document Type
Plaintiff Retained Expert Notice
A motion in limine must specifically state its grounds and substantial legal arguments and identify the evidence or supporting material relied upon.
The Motion in Limine shall state with particularity the grounds upon which it is based and the substantial matters of law to be argued and shall identify any evidence or supporting material on which the movant relies.
Document Type
Motion In Limine
Every motion in limine must be case specific.
Motions in Limine must be case specific.
Document Type
Motion In Limine
Expert-related motions and objections must specifically state their grounds and substantial legal arguments and identify the supporting evidence or material relied upon.
Any expert related motions or objections shall state with particularity the grounds upon which they are based and the substantial matters of law to be argued, and shall identify any evidence or supporting material upon which the movant relies.
Document Type
Expert Related Motion Or Objection
Treating physicians and non-retained experts who will testify must be included in the disclosure and described with the same information required for retained experts.
The parties shall include each treating physician and non-retained expert witness who will testify at trial as an expert witness in their disclosure and disclose the same information as retained experts.
Document Type
Expert Disclosure
Proposed instructions and the verdict form must be submitted at the Pretrial Conference in jury-ready form with a face sheet identifying the proposing party and a numbered instruction list; citations may be attached separately but cannot appear on the jury-submitted instructions.
The proposed instructions and verdict form will be submitted to the Court at the Pre-Trial Conference. All instructions will be in a form suitable for submission to the jury with a face sheet which identifies the proposing party and a numbered list of the proposed instructions. A party may attach citations of authority for individual instructions, but such citations shall not be contained on the instructions to be submitted to the jury.
Document Type
Jury Instructions
The parties must attempt to agree on and submit one verdict form; if agreement is impossible, each party must submit its own proposed form.
The parties shall seek to agree on a verdict form and submit one agreed form. If the parties cannot agree, each party shall submit its own proposed form.
Document Type
Verdict Form
Plaintiff must provide a complete set of proposed jury instructions.
Plaintiff shall provide a complete set of proposed jury instructions.
Document Type
Jury Instructions
Defendant must provide only special jury instructions not included in Plaintiff’s submission.
Defendant shall provide only special instructions not included in Plaintiff’s submission.
Document Type
Jury Instructions
A request for a compulsory medical examination must specify the examination's time, place, manner, conditions, scope, examiner, and examiner qualifications with some specificity.
Requests for an examination must set forth the time, place, manner, conditions, and scope of the examination as well as the name of, and the qualifications of, the person conducting the examination with some specificity.
Document Type
Cme Request
Objections to a compulsory medical examination must state the specific reasons for the objections.
The objections must state the specific reasons for the objections.
Document Type
Cme Objection
An examination sought under Rule 1.360(a)(1)(B) must be authorized by a court order or by a written agreement of all parties.
Examinations sought under Fla. R. Civ. P. 1.360(a)(1)(B) must be obtained with an order from this Court, or with a written agreement of all parties.
Document Type
Cme Examination Authorization
An out-of-county examination requires Court approval after an evidentiary hearing and a proper record.
Out of county examinations must be approved by the Court but only after an evidentiary hearing and the proper record having been made.
Document Type
Out Of County Cme Request
The motion seeking leave to use telephone or Zoom at a non-evidentiary hearing over 30 minutes must include a proposed consent order emailed to the Court.
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.
Document Type
Motion
The motion seeking leave to present remote testimony at an evidentiary hearing must include a proposed consent order emailed to the Court.
Should counsel desire to participate in an evidentiary hearing and present testimony through 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.
Document Type
Motion
Hearing notebooks, legal memorandums or briefs, and hard copies of significant cited authorities must be provided to the Court at least three business days before the hearing, or immediately when the hearing is scheduled within that period.
Any hearing notebooks, legal memorandums or briefs, along with hard copies of the significant cited authorities, must be provided to the Court at least three (3) business days before the hearing, or immediately if the hearing is scheduled within that time period.
Document Type
Hearing Package
Counsel must file a certificate of conferral with the notice of hearing that states whether conferral occurred, documents good-faith attempts if it did not, and identifies the conference date, participating attorneys, and specific results.
Counsel must file with the Notice of Hearing a “Certificate of Conferral Prior to Scheduling the Motion for Hearing” certifying that the meet and confer occurred (or did not occur and setting out the good faith attempts to schedule the conference) and identifying the date of the conference, the names of the participating attorneys, and the specific results obtained.
Document Type
Notice Of Hearing
Every substitution of counsel, including a same-firm substitution, must include the client’s written signature acknowledging knowledge and consent.
All Substitutions of Counsel, even if they are within the same firm, must include the client’s written signature indicating knowledge and consent.
Document Type
Notice Of Substitution Of Counsel
The filing must include both a PDF cover letter and a proposed order in Word format.
Filer must submit both a cover letter in PDF format and a proposed order in Word format.
Document Type
Proposed Order
Requests for relief must be submitted as a motion or pleading filed with the clerk.
Requests for relief must be in the form of a motion or pleading and filed with the Clerk.
Document Type
Motion Or Pleading
The order certificate must state “Counsel to mail copies to:” and counsel must mail the conformed order to the parties.
The order’s certificate should reflect “Counsel to mail copies to:” and counsel shall mail copies of the conformed order to the parties.
Document Type
Conformed Order
A matter for the court’s attention must be raised by filing the proper motion and copying all parties or counsel.
If you have a matter to bring to the Court’s attention, please file the proper motion with the Clerk of Court and copy all parties and/or counsel in the case with said motion.
Document Type
Motion
At the time the motion is filed, the moving party must file a statement certifying the good-faith conference and that counsel could not resolve the dispute.
and shall file with the court at the time of 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
Discovery Motion
A notice of hearing on a motion to compel must include a statement certifying compliance with Rule 1.380(a)(2) and acknowledging that the noticed hearing requires the judge's consent to cancel.
The moving party’s notice of hearing on a motion to compel shall include the following statement: Undersigned counsel certifies that he or she: (1) has complied with Fla. R. Civ. P. 1.380(a)(2) by conferring, or attempting to confer, in good faith with the opposing party in an effort to resolve the discovery dispute without court action; and (2) is aware of the provisions in First Amended Administrative Order No. 88-2 that the hearing noticed hereby may not be cancelled by the agreement of the parties or counsel, but only by first obtaining the judge’s consent.
Document Type
Notice Of Motion
The proposed order's signature page must contain at least four lines of text and the case number.
The signature page of the proposed order contains at least four (4) lines of text and has the case number on it.
Document Type
Proposed Order
Certification B must acknowledge that a hearing may be required concerning the deficiency.
The Petitioner ☐/Attorney ☐ acknowledges that a hearing may be required concerning the deficiency.
Document Type
Certificate
The Joint Pre-Trial Stipulation must identify any proposed pleading amendments.
any proposed amendments to the pleadings;
Document Type
Pretrial Stipulation
The Joint Pre-Trial Stipulation must list all undisposed matters to be heard before trial.
a list of any undisposed matters to be heard prior to trial.
Document Type
Pretrial Stipulation
The trial-exhibit section must use the Trial Exhibit List Table or a similar format and state any specific objections to each exhibit.
- [Please use the Trial Exhibit List Table, or similar format, stating the specific objections, if any, to each exhibit.]
Document Type
Trial Exhibits
A request to conduct an examination out of state requires a hearing unless the parties agree to it.
A request that an examination be done out of state, if not agreed to, will require a hearing.
Document Type
Out Of State Cme Request
Examinations should ordinarily occur in the county where the case is pending unless counsel agree otherwise.
Examinations should occur in the county where the case is pending absent agreement of counsel to the contrary.
Document Type
Cme Examination
The examination date and time must be coordinated with opposing counsel.
The date and time of the examination must be coordinated with opposing counsel.
Document Type
Cme Scheduling
The cover letter for a proposed order must state that opposing counsel or the unrepresented party received the same materials and whether that party agrees with the proposed order’s language.
The letter must state that opposing counsel/unrepresented party has been provided with the same materials being provided to the Court and whether opposing counsel/unrepresented party agrees with the language of the proposed Order.
Document Type
Cover Letter
The proposed order’s service list must include e-filing addresses for opposing counsel or unrepresented parties.
The service list on the Order must contain e-filing addresses for opposing counsel/unrepresented parties.
Document Type
Proposed Order
A Probate Petition for Administration must state that separately deposited documents were deposited and include the deposit case number.
In Probate cases, if a will or other document has been deposited separately with the Clerk of Court, the Petition for Administration must include language indicating that the documents have been deposited and provide the case number assigned to the deposit.
Document Type
Petition For Administration
Orders must contain exactly one signature line for the judge’s electronic signature and no other signature lines.
Orders should contain one signature line for Judge’s electronic signature (no other signature lines).
Document Type
Proposed Order
Cover letters must be submitted as separate scanned documents.
Cover letters should be scanned as separate documents.
Document Type
Cover Letter
The certificate of conferral may follow either form in Exhibit A and should appear directly above the notice of hearing's signature block.
The Court will accept a certificate 4 of conferral substantially in the form provided in Exhibit “A”, either First Option or Second Option, attached to these “Policies and Procedures” set forth directly above the signature block of the Notice of Hearing for the motion.
Document Type
Certificate Of Conferral
Filing & Service rules
Electronic Filing Rules
The petition checklist must be completed and filed electronically with the petition.
This checklist shall be completed and e-filed with your Petition.
Page 1 | CHECKLIST FOR PETITION TO DETERMINE HOMESTEAD
The Summary Administration Checklist must be completed and e-filed before the Order for Summary Administration is submitted.
This checklist shall be completed and e-filed prior to submission of the Order for Summary Administration.
Page 1 | Checklist for Summary Administration
Proposed orders must be submitted through the court’s e-Portal.
Proposed Orders are to be submitted to the Court via the e-Portal.
Page 5 | PROPOSED ORDERS FOLLOWING A HEARING
Proposed orders in Probate, Mental Health, and Guardianship cases must be filed directly to the judge’s queue through the Florida E-Filing Portal rather than as a motion.
Effective 3-1-22, all proposed orders for Probate, Mental Health and Guardianship cases must be submitted directly to the Judge’s queue through the Florida E-Filing Portal (filed different than a motion).
Page 6 | PROBATE, MENTAL HEALTH AND GUARDIANSHIP ORDERS
Filing Timing and Cure Windows
Each defendant must file and serve a notice of its trial expert witnesses no later than 90 days before the pre-trial conference.
No later than [90DAYS] prior to the Pre-Trial Conference, each Defendant shall serve on all other counsel and file with the Court a Notice containing the same information regarding each expert witness who will testify at trial on behalf of that Defendant.
Page 3 | 6. RETAINED AND NON-RETAINED EXPERTS
Plaintiff must file and serve a notice of retained expert witnesses no later than 120 days before the pre-trial conference.
No later than [120 DAYS] prior to the Pre-Trial Conference, Plaintiff shall serve on all opposing counsel and file with the Court a Notice containing the following information regarding each retained expert witness who will testify at trial on behalf of Plaintiff:
Page 3 | 6. RETAINED AND NON-RETAINED EXPERTS
Expert-related motions and objections must be filed and served at least 60 days before trial begins.
All expert related motions or objections shall be filed and served at least sixty (60) days prior to the first day the case is set for trial.
Page 4 | 8. EXPERT ISSUES
Case-specific motions in limine must be filed, served, noticed, and heard or agreed to no later than 15 days before trial.
All case specific Motions in Limine shall be filed, served, noticed and heard or agreed to by the parties no later than fifteen (15) days prior to the first day that the case is set for trial.
Page 4 | 9. MOTIONS IN LIMINE
The filing party must ensure that each expert-related issue is resolved by agreement or court ruling no later than 15 days before trial.
The party filing expert related motions or objections shall be responsible for taking the necessary steps to see that the issue is resolved by agreement or by the Court no later than fifteen (15) days prior to the first day that the case is set for trial.
Page 4 | 8. EXPERT ISSUES
Objections to a Rule 1.360(a)(1)(A) examination request must be filed within 30 days of the written request, provided process was served at least 15 days before the request was served.
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 hearing must be requested immediately upon filing any objection to the examination request.
A hearing must be immediately requested on any objection filed.
Page 1 | Request for, Objections to and Hearings on
A motion must be entered on the Clerk’s docket, with its docket number available, before hearing time may be requested.
Motions must appear on Clerk’s docket prior to requesting hearing time. Clerk’s docket number required.
Page 2 | SETTING HEARINGS
Prospective hearing dates are not reserved or guaranteed until confirmation, and a notice of hearing may not be filed before confirmation is provided.
Prospective dates are provided for counsel to coordinate and are not held or guaranteed until a confirmation email is received. Please do not file a notice of hearing until hearing confirmation is provided.
Page 2 | SETTING HEARINGS
The hearing package is due at least three business days before the hearing, but must be provided immediately if the hearing falls within that three-business-day period.
Any hearing notebooks, legal memorandums or briefs, along with hard copies of the significant cited authorities, must be provided to the Court at least three (3) business days before the hearing, or immediately if the hearing is scheduled within that time period.
Page 3 | Hearing Notebooks, Legal Memorandums, and Citations
The order must be submitted to the Court within seven days after the hearing, with a copy to opposing counsel.
must be submitted to the Court within seven (7) days of the hearing, with a copy to opposing counsel.
Page 5 | PROPOSED ORDERS FOLLOWING A HEARING
Court staff will not review the petition until the necessary information has been accepted into the OLS and/or e-filing system.
The Petitioner ☐/Attorney ☐ acknowledges that the Petition will not be reviewed by Court staff until the necessary information has been accepted into the OLS and/or e-filing system.
Page 2 | CERTIFICATION A
Within 30 days after service of the defendants' expert disclosure, Plaintiff may file and serve notice of retained rebuttal experts using the same required information.
No later than thirty (30) days after service of the Defendant’s expert witness disclosure, the Plaintiff may serve on all other counsel and file with the Court a Notice containing the same information regarding retained rebuttal expert witnesses, if any, who will testify at trial on behalf of Plaintiff.
Page 3 | 6. RETAINED AND NON-RETAINED EXPERTS
A written request for an examination should be made no later than 70 days before the pretrial date.
If examinations under these rules are requested such written request should be made no later than 70 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
Failure to set an objection for an immediate hearing is treated as abandonment of the examination request.
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
A requested order should be drafted and circulated to opposing counsel within three working days.
If counsel is asked to prepare an order, the order should be drafted and circulated to opposing counsel within three (3) working days
Page 5 | PROPOSED ORDERS FOLLOWING A HEARING
Guardianship parties may not submit the proposed annual-plan or accounting approval order until the Clerk’s Report has been finalized and docketed.
In Guardianship cases, parties shall not submit a Proposed Order Approving Annual Plan or a Proposed Order Approving Accounting until after the Report of Clerk has been finalized and docketed.
Page 6 | PROBATE, MENTAL HEALTH AND GUARDIANSHIP ORDERS
Service and Proof of Service Rules
Formal notice of the petition must be served on all outstanding creditors, if any.
The Petitioner served formal notice of the Petition to Determine Homestead on all outstanding creditors, if any.
Page 1 | CHECKLIST FOR PETITION TO DETERMINE HOMESTEAD
For each homestead beneficiary, either file a consent to the petition or serve formal notice and file a certificate demonstrating proper service.
Consents to the Petition have been filed from each homestead beneficiary, or the Petitioner has served formal notice of the Petition on each homestead beneficiary and filed a certificate that shows proper service.
Page 2 | CHECKLIST FOR PETITION TO DETERMINE HOMESTEAD
Case-specific motions in limine must be served no later than 15 days before the first day set for trial.
All case specific Motions in Limine shall be filed, served, noticed and heard or agreed to by the parties no later than fifteen (15) days prior to the first day that the case is set for trial.
Page 4 | 9. MOTIONS IN LIMINE
All expert-related motions and objections must be served at least 60 days before trial begins.
All expert related motions or objections shall be filed and served at least sixty (60) days prior to the first day the case is set for trial.
Page 4 | 8. EXPERT ISSUES
The same cover letter and hearing items must be provided to all opposing counsel.
Please be sure to provide all opposing counsel with the same cover letter and item(s).
Page 3 | Hearing Notebooks, Legal Memorandums, and Citations
The hearing items must be accompanied by a cover letter and may be hand delivered to the Court.
Such item(s) are to be hand delivered with a cover letter or mailed with a cover letter.
Page 3 | Hearing Notebooks, Legal Memorandums, and Citations
Counsel must mail copies of the conformed order to the parties when the party lacks an email designation.
The order’s certificate should reflect “Counsel to mail copies to:” and counsel shall mail copies of the conformed order to the parties.
Page 7 | PRO SE LITIGANTS
Emails, correspondence, and pleadings filed with the court must be copied to opposing counsel for the inquiry to be considered.
The parties must also copy opposing counsel on any emails, correspondence and pleadings filed with the Court, without which the inquiry may not be considered.
Page 7 | PRO SE LITIGANTS
A party who has not filed a notice designating an email address cannot be served electronically as the sole means of service.
If a party has not filed a Notice of Designation of Email Address, the Court cannot e-serve the party as the sole means of service.
Page 7 | PRO SE LITIGANTS
Every pro se party must serve a designation of a primary email address and may obtain the form from the clerk.
Pursuant to Fla. R. Gen. Prac. & Jud. Admin. 2.516(b)(1)(C), all pro se parties must serve a designation of a primary email address and may obtain a form to do so from the Clerk of Court.
Page 7 | PRO SE LITIGANTS
Courtesy Copy Requirements
A copy of every expert-related motion or objection must be delivered to the court when it is filed and served.
A copy of all such motions or objections shall be delivered to the Court at the same time as filing and service.
Page 4 | 8. EXPERT ISSUES
A copy of each case-specific motion in limine must be delivered to the court when it is filed and served.
A copy of all such motions shall be delivered to the Court at the same time that they are filed and served.
Page 4 | 9. MOTIONS IN LIMINE
To present testimony by Zoom or other communication technology at an evidentiary hearing, counsel must file a written motion, email a courtesy copy showing good cause, and email a proposed consent order to the Court.
Should counsel desire to participate in an evidentiary hearing and present testimony through 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 2 | SETTING HEARINGS
To appear by telephone or Zoom at a non-evidentiary hearing lasting more than 30 minutes, counsel must file a written motion, email a courtesy copy showing good cause, and email a proposed consent order to the Court.
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 2 | SETTING HEARINGS
When a case settles or is voluntarily dismissed, the Judicial Assistant must receive an emailed courtesy copy of the e-filed notice immediately.
If a case settles or is voluntarily dismissed, please provide the Court’s Judicial Assistant with a courtesy copy of an e-filed Notice of Settlement or Dismissal immediately by email to allow the Court to free up hearing/trial time for other cases.
Page 5 | SETTLEMENT OR DISMISSAL OF CASES
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 6 | PROPOSED AGREED OR CONSENT ORDERS, OR ORDERS ON MOTIONS NOT OBJECTED TO, WITHOUT A HEARING
Any courtesy copy of the motion must be appended to the PDF cover letter, producing one combined PDF document.
If you would like to submit a courtesy copy of your motion, it must be submitted as an additional page(s) to the PDF cover letter resulting in one single PDF document.
Page 6 | PROBATE, MENTAL HEALTH AND GUARDIANSHIP ORDERS
Filing Bundling Requirements
The parties may attach the plaintiff’s and defendant’s trial witness lists to the joint pre-trial stipulation as exhibits.
- Witness Lists can be attached as exhibits.
Page 1 | V. Trial Witness List
Pre-Motion Conference Requirements
Except for the listed motion types, counsel must meet and confer before a hearing on a motion in Circuit Civil Division B can be scheduled.
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 B 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; summary judgment; or to permit maintenance of a class action.
Page 3 | Meet and Confer Requirement Prior to Scheduling a Hearing on the Motion
A qualifying conference requires a substantive, good-faith conversation in person, by telephone, or through communication technology; exchanging ultimatums by fax, email, or letter does not constitute conferral.
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, email or letter. Counsel who merely attempt to confer have not conferred for purposes of this Order.
Page 3 | Meet and Confer Requirement Prior to Scheduling a Hearing on the Motion
Counsel with settlement authority must confer before scheduling a motion hearing and include a certificate of conferral with the notice of hearing; counsel scheduling the hearing is responsible for arranging the conference.
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 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 3 | Meet and Confer Requirement Prior to Scheduling a Hearing on the Motion
After three unsuccessful good-faith contact attempts, the noticing counsel must list the dates and times of those attempts in the certificate of conferral.
If ===== PAGE 4 ===== counsel who notices the hearing is unable to reach opposing counsel to conduct the conference after three (3) good faith attempts, counsel who notices the hearing must identify in the Certificate of Conferral Prior to Scheduling the Motion for Hearing the dates and times of the efforts made to contact opposing counsel.
Page 4 | Meet and Confer Requirement Prior to Scheduling a Hearing on the Motion
Failure to make a good-faith effort may lead to cancellation of the hearing, striking or denial of the motion, sanctions, or denial of requested sanctions, although the court may waive the requirement in appropriate circumstances.
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 4 | Meet and Confer Requirement Prior to Scheduling a Hearing on the Motion
A calendared motion-to-compel hearing may not be canceled without the judge's consent.
When a hearing on a motion to compel has been placed on a judge's calendar, the hearing may not be cancelled without the judge’s consent.
Page 1 | RE: FLORIDA RULE CIVIL PROCEDURE 1.380 — FAILURE TO MAKE DISCOVERY; SANCTIONS
Before filing a Rule 1.380 motion to compel or a motion for a protective order under Rule 1.280(c), moving counsel must confer with opposing counsel in a good-faith effort to resolve the raised issues.
Before filing 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 l.280(c), Rules of Civil Procedure, counsel for the moving party shall confer with counsel for opposing party in a good-faith effort to resolve by agreement the issues raised
Page 1 | RE: FLORIDA RULE CIVIL PROCEDURE 1.380 — FAILURE TO MAKE DISCOVERY; SANCTIONS
If counsel cannot agree on an examination date within 20 days of the request, the Court will select the date upon a written motion.
If the attorneys can not agree on a mutually convenient date for the examination to occur within 20 days of the request, the Court, upon written motion, will pick the date without consultation with counsels' calendars.
Page 2 | The Examination
Counsel must promptly respond when opposing counsel who noticed the hearing attempts to schedule the conference.
Counsel must respond promptly to inquiries and communications from opposing counsel who notices the hearing and is attempting to schedule the conference.
Page 3 | Meet and Confer Requirement Prior to Scheduling a Hearing on the Motion
Counsel who noticed the hearing must ensure that the Court and judicial assistant are informed of any issue narrowing or resolution resulting from the conference.
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 4 | Meet and Confer Requirement Prior to Scheduling a Hearing on the Motion
Chambers Communication Rules
A hearing request must be emailed to the Judicial Assistant, copied to opposing counsel’s assistants or the pro se parties, and include the case number, motions, docket numbers, and requested hearing duration.
The party requesting the hearing shall email the Court’s Judicial Assistant and copy the assistant(s) for opposing counsel, or the pro se parties, and must provide the case number, the motion(s) to be set for hearing, corresponding docket number(s), and how much time is being requested.
Page 2 | SETTING HEARINGS
All hearing scheduling must be conducted by email at brewerm@clayclerk.com.
All scheduling is conducted by email (brewerm@clayclerk.com).
Page 2 | SETTING HEARINGS
A hearing is not cancelled merely by filing a notice; cancellation must be confirmed by the Court, and the Judicial Assistant should be contacted again if confirmation is not received.
DO NOT assume the hearing is automatically removed from the Court’s calendar. If you do not receive an 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 5 | CANCELLATION OF HEARING
Parties may request excusal from the case management conference by emailing the Judicial Assistant a completed Division F Trial Set Memorandum and accepting the projected trial date.
If the parties agree that the CMC is not necessary, they may request to be excused by emailing the Court’s Judicial Assistant a completed Division F Trial Set Memorandum and accepting the projected trial date.
Page 1 | CASE MANAGEMENT ORDERS
A hearing cancellation may be communicated by email to the Judicial Assistant with opposing counsel copied.
When cancelling a hearing, you may email the Judicial Assistant and copy opposing counsel notifying the Judicial Assistant of the cancellation.
Page 5 | CANCELLATION OF HEARING
Counsel must notify the Court of pending hearings that will be cancelled because of a settlement.
Counsel shall also notify the Court of any pending hearings that will be canceled as a result of the settlement.
Page 5 | SETTLEMENT OR DISMISSAL OF CASES
The court will not engage in or accept ex parte personal communications or correspondence regarding a case.
The Court WILL NOT engage in nor accept any ex-parte personal communications or correspondence on a case.
Page 7 | EX PARTE PERSONAL COMMUNICATIONS/CORRESPONDENCE
The court will not communicate with parties outside a hearing and will not consider ex parte communications.
The Court is not permitted to communicate with parties outside of a hearing. The Court is unable to consider ex parte communication.
Page 7 | PRO SE LITIGANTS
A person needing a disability accommodation must contact the ADA Coordinator by phone or email at least seven days before the court appearance, or immediately if less than seven days remain.
Please contact the ADA Coordinator at (904)255-1695 or crtintrp@coj.net at least seven (7) days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than seven (7) days.
Page 6 | ADA notice