Fourth Judicial Circuit of Florida, Clay, Duval and Nassau Counties Pre-Motion Conference Requirements

A moving party must fully comply with First Administrative Order 88-2 before filing a motion to compel under Rule 1.380 or Rule 12.380.

Motions to Compel: Before filing a Motion to Compel pursuant to Rule 1.380 or Rule 12.380, the moving party must fully comply with First Administrative Order 88-2.

Parties must meet and confer before filing any motion.

Duty to Meet and Confer: Parties shall meet and confer prior to the filing of all motions.

A mandatory meet-and-confer process is required before scheduling a hearing on most motions, with exceptions for specified motion types.

Since January 1, 2020, Division CV-E Policies and Procedures1 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 relief without notice; judgment on the pleadings; or to permit class action.

Florida Rule of Civil Procedure 1.202 requires parties to meet and confer before filing a civil motion.

Effective January 1, 2025, Florida Rule of Civil Procedure 1.202 titled “Conferral Prior to Filing Motions” requires parties to meet and confer before filing a motion in a civil case.

During the pre-filing meet-and-confer, counsel must discuss whether the motion presents factual issues requiring an evidentiary hearing.

As such, the Court requires that counsel for the parties, during the Rule 1.202 meet and confer prior to filing motion(s), to discuss whether there are factual issues within such motion(s) the Court will be required to resolve with an evidentiary hearing.

If an evidentiary hearing is required, the existing hearing must be continued and rescheduled.

When counsel for the parties agree or the Court finds from a review of the motion or matter and the relevant Court record that the motion or matter requires an evidentiary hearing, the hearing on the motion or matter must be continued and rescheduled

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.

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.

Required

Always

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.

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.

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.

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.

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.

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.

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

If the parties disagree about the evidentiary hearing or the CMO provisions, they must schedule a five-minute case management conference on a published ex parte hearing date within 30 days after the meet-and-confer.

If the parties do not agree on whether the motion(s) require an evidentiary hearing or the provisions of the CMO scheduling the evidentiary hearing, the parties must schedule a 5-minute CMC on one of the Court’s published ex parte hearing dates no later than 30 days after the meet and confer.

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.

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.

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.

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.

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.

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.

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.

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.

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:

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.

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.

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.

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.

A motion for a protective order does not stay discovery automatically; the movant must promptly file it, schedule a sufficiently early hearing, show good cause, and make every reasonable effort to obtain a hearing before the discovery occurs.

A motion for protective order does not automatically stay a pending deposition. 484 The movant must file the motion as soon as the need for protection arises, schedule the motion for hearing sufficiently in advance of the pending proceeding, and show good cause why discovery should not go forward. A party who seeks a protective order to prevent discovery must make every reasonable effort to have a motion heard before a scheduled deposition or other discovery is to occur.

Before moving for an order relating to discovery, the movant must request a conference with the court.

(v) direct that before moving for an order relating to discovery, the movant must request a conference with the court;

Before filing a motion to compel, the moving party must confer in good faith with the non-moving party to attempt to resolve the discovery dispute.

Prior to filing a Motion to Compel the moving party shall confer in good faith with the non-moving party in an attempt to resolve the discovery dispute.

Counsel must conduct a substantive meet-and-confer before scheduling a hearing on motions in Circuit Civil Division F, subject to the listed motion-type exceptions.

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 F 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.

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

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.

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.

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.

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.

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.

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.

Parties must meet and confer before filing all motions, and if a hearing is requested, the filing party must state that the parties met and conferred without reaching a resolution.

Parties shall meet and confer prior to the filing of all motions. In the event that a hearing is required, the party filing the motion(s) shall indicate that the parties met and conferred, and no resolution was reached

A certification that opposing counsel was unavailable for a pre-filing conference does not satisfy the obligation to confer.

A certification to the effect that opposing counsel was unavailable for a conference before filing a motion is insufficient to satisfy the parties’ obligation to confer.

Except for specified motions, the moving party must confer with opposing counsel or an unrepresented party in good faith before filing.

Before filing a motion, except a motion (a) for injunctive relief, (b) for judgment on the pleadings, (c) for summary judgment, or (d) relating to the maintenance of a class action, the moving party shall confer with counsel for the opposing party in a good faith effort to resolve the issues raised by the motion.

A claim that opposing counsel was unavailable does not excuse the conference; the motion must describe attempted conference, the moving party must promptly contact opposing counsel after filing and supplement the motion, and non-moving counsel must promptly respond and provide conference availability.

A certification to the effect that opposing counsel or the unrepresented party was unavailable for a conference before filing a motion is insufficient to satisfy the parties’ obligation to confer. If, for any reason, the moving party is unable to confer with counsel for the non-moving party, the motion should describe actions taken by the moving party to confer. The moving party retains the duty to contact opposing counsel expeditiously after filing and to supplement the motion promptly with a statement certifying whether or to what extent the parties have resolved the issue(s) presented in the motion. Counsel for the non-moving party is obligated to promptly reply to a ‘meet-and-confer’ request and to provide availability for such conference.

Before filing a motion to compel discovery, the moving party must confer in good faith with the non-moving party to attempt to resolve the dispute.

As with all motions filed in this Division (as set forth above), prior to filing a motion to compel discovery, the moving party shall confer in good faith with the non-moving party in an attempt to resolve the discovery dispute.

Before filing a motion to compel under Rule 1.380 or a motion for a protective order under Rule 1.280(c), the moving attorney must confer in good faith with the opposing party or attorney to try to resolve the dispute.

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 1.280(c), Florida Rules of Civil Procedure, the attorney for the moving party shall confer with the opposing party or attorney in a good faith effort to resolve the issues raised

Parties must meet and confer before filing a motion, and the filing party must state that conferral occurred without resolution or that the other party could not be contacted after due diligence.

Parties shall meet and confer prior to the filing of motions. In the event that a motion is required, the party filing the motions shall indicate that the parties met and conferred, and no resolution was reached or that the other party was unable to be contacted after due diligence.

A party must fully comply with First Administrative Order 88-2 before filing a motion to compel under Rule 1.380 or Rule 12.380.

Before filing a Motion to Compel pursuant to Rule 1.380 or Rule 12.380, the moving party must fully comply with First Administrative Order 88-2.

Parties must meet and confer before filing any motion.

Parties shall meet and confer prior to the filing of all motions.

When a hearing is required, the filing party must state that the parties met and conferred but reached no resolution.

In the event that a hearing is required, the party filing the motion(s) shall indicate that the parties met and conferred, and no resolution was reached

All parties must meet and confer before filing any motion.

Parties shall meet and confer prior to the filing of all motions.

Parties must meet and confer before filing any motion.

Parties shall meet and confer prior to the filing of all motions.

Pleadings may not be amended after the final pretrial conference without court approval.

No amendment to any pleadings shall be permitted after the Final Pre-Trial Conference without approval of the Court.

A motion to set a trial or a hearing lasting more than one hour must be submitted for setting during ex parte hours.

Motions to set a trial and motions to set hearings lasting more than one hour shall be set with the Court during ex parte hours.

Counsel must attempt to agree whether an evidentiary hearing is needed for the Court to rule on the motion.

To promote judicial efficiency in scheduling a hearing on the motion(s), counsel for the parties shall attempt to reach an agreement on whether an evidentiary hearing is needed for the Court to rule on the motion(s).

Counsel must promptly respond to opposing counsel’s scheduling inquiries and communications.

Counsel must respond promptly to inquiries and communications from opposing counsel who notices the hearing and is attempting to schedule the conference.

When counsel agree that no evidentiary hearing is required, they must schedule a non-evidentiary hearing under Division CV-E Policies and Procedures Sections III.C., D., and E.

If counsel for the parties are in complete agreement that an evidentiary hearing is not required, then counsel for the parties shall schedule a non-evidentiary hearing pursuant to Sections III. C., D. and E. of Division CV-E’s Policies and Procedures published on the Fourth Judicial Circuit’s website.

During the required conferral, counsel must discuss whether the motion presents factual issues requiring resolution through an evidentiary hearing.

Since January I, 2025, the Division CV-E Procedures for Scheduling and Hearing Motions Requiring Evidentiary Hearing published on the Fourth Judicial Circuit's website require counsel for the parties to discuss during such required conferral whether there are factual issue(s) within such motion(s) the Court will be required to resolve with an evidentiary hearing.

The attorney scheduling the hearing is responsible for arranging the required conference.

Counsel who schedules the hearing shall arrange the conference.

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.

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.

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.

A hearing on a non-emergency motion will not be scheduled until the motion is filed and opposing counsel has had a reasonable time to review it.

No hearings will be scheduled on non-emergency motions until after the motion is filed with the court and opposing counsel has had a reasonable time to review it.

The court will determine the facial sufficiency of a motion to suppress before setting a hearing.

Facial sufficiency for motions to suppress will be determined before setting a hearing.

Lawyers should confer before filing whenever possible to determine whether a contested motion can become an agreed motion.

Whenever possible, the lawyers should confer before filing to see if a contested motion can become an agreed motion.

The listed conferral topics are minimum requirements rather than an exclusive list of issues counsel must discuss.

The following guidelines are not intended to be exclusive conferral issues for 768.0427 Motions as there may be other legal, procedural,and evidentiary issues not covered by these guidelines.